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Home My WebLink AboutOctober 21, 2008 Agenda AGENDA CITY OF DENTON CITY COUNCIL October 21, 2008 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, October 21, 2008 at 4:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Requests for clarification of agenda items listed on the agenda for October 21, 2008. 2. Receive a report, hold a discussion and give staff direction regarding a delinquent tax attorney contract. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below. 1. Closed Meeting: A. Deliberations regarding real property -Under Texas Government Code Section 551.072. 1. Discuss, deliberate, and receive information from Staff, and provide Staff with direction regarding possible acquisition of fee title to a 0.257 acre tract of land situated in the Gideon Walker Survey, Abstract Number 13 3 0, City of Denton, Denton County, Texas, said tract to be acquired for municipal purposes, including streets, public utilities, and related appurtenances. 2. Discuss, deliberate, and receive information from Staff, and provide Staff with direction, pertaining to the location of, the purchase price of, and valuation issues concerning the possible acquisition of real property, being five easements from the owner South Stemmons Property Group, Inc., which easement tracts are approximately 0.526, 0253, 0.089, .128 and 0.128 acres each in the Robert Beaumont Survey, Abstract No. 31, City of Denton, Denton County, by the City of Denton, Texas/City of Denton Municipal Utilities Department for a public purpose. B. Deliberations regarding real property -Under Texas Government Code Section 551.072 and Consultation with Attorneys -Under Texas Government Code Section 551.071. 1. Discuss, deliberate, and receive information from Staff and provide Staff with direction pertaining to the acquisition or the condemnation of several permanent utility easements and temporary construction easements along the U.S. Highway 380 corridor from Elm to Bonnie Brae Street, on West UnlverSlty Drlve, in the City of Denton, Denton County, Texas. City of Denton City Council Agenda October 21, 2008 Page 2 Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the easement tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the Public Utilities Board under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceedings or potential litigation. C. Deliberations regarding certain public power utilities: Competitive Matters - Under Texas Government Code Section551.086. 1. Receive a draft report and discuss the DME Management Study of Utility performed by Navigant Consulting; and discuss, deliberate, consider, and provide staff with direction regarding such matters. D. Consultation with Attorneys -Under Texas Government Code Section 551.071. 1. Receive legal advice and information from the City's attorneys pertaining to the lawsuits that are currently pending involving the Texas Municipal Power Agency ("TMPA") and its member cities, in Cause No. 28169 pending in the 506th Judicial District Court in and for Grimes County, Texas; Cause No. D-1-GN-08-003426, pending in the 126th Judicial District Court in and for Travis County, Texas; and Cause No. D-1-GN- 08-003693, pending in the 261St Judicial District Court in and for Travis County, Texas; discuss, deliberate, and provide the City's attorneys with direction and any recommendations regarding such legal matters. A public discussion of these legal matters would conflict with the duty of the city's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 2. Receive, consider and hold a discussion related to a briefing from City's Attorneys, relating to claims, potential claims, and settlement thereof for matters pertaining to JNC Partners Denton, LLC v. city of Denton, including legal advice related to future annexation, zoning, subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, water rights, permitting and other legal issues related to the future development of land, as proposed by JNC Partners Denton, LLC. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE, §551.001, ET S~ (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. City of Denton City Council Agenda October 21, 2008 Page 3 Regular Meeting of the City of Denton City Council on Tuesday, October 21, 2008 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Present the October Yard of the Month Awards 3. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - AA). 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 - AA below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the city of Denton and the Central Business District Association of Denton, Texas, d/b/a Denton Main Street Association for the payment and use of hotel tax revenue; and providing an effective date. ($25,000) The Hotel Occupancy Tax Committee recommends approval (2-0). B. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Air Fair, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($11,000) The Hotel Occupancy Tax Committee recommends approval (2-0). C. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Black Chamber of Commerce for the payment and use of hotel tax revenue; and providing an effective date. ($18,000) The Hotel Occupancy Tax Committee recommends approval (2-0). City of Denton City Council Agenda October 21, 2008 Page 4 D. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Chamber of Commerce (Convention and Visitor Bureau) for the payment and use of hotel tax revenue; and providing an effective date. ($706,510) The Hotel Occupancy Tax Committee recommends approval (2-0). E. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Community Theatre, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ( 25,000) The Hotel Occupancy Tax Committee recommends approval (2-0). F. Consider adoption of an ordinance authorizing the City Manager to execute an interlocal agreement between the City of Denton and Denton County for the payment and use of hotel tax revenue in support of the Courthouse-on-the-Square, the Bayless-Selby House, African American, Old No. 14 Fire House, Elm Ridge Church, Welcome Center and Outhouse Museums; and providing an effective date. ($106,550) The Hotel Occupancy Tax Committee recommends approval (2-0). G. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Festival Foundation for the payment and use of hotel tax revenue; and providing an effective date. ($90,000) The Hotel Occupancy Tax Committee recommends approval (2-0). H. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the city of Denton and the Denton Holiday Festival Association, Inc. for the payment and use of hotel tax revenue; and provide an effective date. ($8,300) The Hotel Occupancy Tax Committee recommends approval (2-0). I. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue to promote tourism and the convention and hotel industry; and providing an effective date. ($128,000) The Hotel Occupancy Tax Committee recommends approval (2-0). J. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Denton Dog Days, Inc. for the payment and use of hotel tax revenue, and providing an effective date. ($15,850) The Hotel Occupancy Tax Committee recommends approval (2-0). K. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the North Texas State Fair Association for the payment and use of hotel tax revenue; and providing an effective date. ( 80,000) The Hotel Occupancy Tax Committee recommends approval (2-0). City of Denton City Council Agenda October 21, 2008 Page 5 L. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Tejas Storytelling Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ( 55,000) The Hotel Occupancy Tax Committee recommends approval (2-0). M. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute on behalf of the City of Denton an Airport Project Participation Agreement with the Texas Department of Transportation relating to certain improvements at the Denton Municipal Airport related to the proposed runway extension project; authorizing and directing the City Manager or his designee to expend funds as provided for in said agreement and to execute documents on behalf of the City of Denton in order to implement the project; and providing an effective date. The Airport Advisory Board recommends approval (6-0). N. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of octagonal manholes for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4166-Annual Contract for the Purchase of Precast Concrete Octagonal Manholes awarded to the lowest responsible bidder meeting specification, Wesco Distribution, in the annual estimated amount of $109,096). The Public Utilities Board recommends approval (5-0). 0. Consider adoption of an ordinance of the City Council authorizing the City Manager or his designee to execute an agreement for design/build services for the renovation of an existing building and construction of a new 6,000 square foot building for the City of Denton Facilities Management Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 4061- Design/Build New Facilities Management Building, in an amount not to exceed $1,462,371 awarded to Tim Beaty Builders, Inc.). P. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with Solutient Geosciences, Inc. for performing professional hydrogeological consulting and analytical services regarding the City of Denton, Texas Municipal Landfill (MSVV Permit No. 1590-A); authorizing the expenditure of funds therefor; providing for retroactive ratification and approval thereof; and providing an effective date (File 4182 in an amount not to exceed $110,000). The Public Utilities Board recommends approval (5-0). Q. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the 138kV transmission lines for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4152-13 8kV Transmission Line Construction 2009 for Denton Municipal Electric awarded to the lowest responsible bidder meeting specification, Chain Electric Company, in the amount of $3,629,189.25). The Public Utilities Board recommends approval (5-0). City of Denton City Council Agenda October 21, 2008 Page 6 R. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of precast concrete box culverts for the Duncan Street drainage project; providing for the expenditure of funds therefor; and providing an effective date (Bid 4159-Duncan Street Precast Concrete Box Culverts awarded to the lowest responsible bidder meeting specification, Rinker Materials, Ltd., in an amount not to exceed $100,208.88). The Public Utilities Board recommends approval (5-0). S. Consider adoption of an ordinance approving an assignment of leasehold interest in a commercial operator airport lease agreement at Denton Municipal Airport from Charles N. Davis, III, to Nebrig Properties, L.P. located at 4650 John Carrell Road at the Denton Municipal Airport and providing lessee to conduct flight training and fueling operations on the leasehold; and providing an effective date. The Airport Advisory Board recommends approval (6-0). T. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Denton Air Fair, Inc. to hold an air show at the Denton Municipal Airport on June 20, 2009 and at fund-raising events conducted in conjunction with and prior to the air show on such dates as are recommended by the Airport Advisory Board and approved by the City Manager or his designee, authorizing the concession to Metzler's Food and Beverage, Inc to sell alcoholic beverages at designated locations during the 2009 Air Fair events, upon certain conditions; and providing an effective date. The Airport Advisory Board recommends approval (6-0). U. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute a real estate contract between the City of Denton, Texas and Keira Franklin, as the sole heir-at-law of Rancy C. Snider, deceased, together with any other documents and conveyances that are necessary to acquire an approximate 0.257 acre tract of land situated in the Gideon Walker Survey, Abstract No.1330, City of Denton, Denton County, Texas; and being that same parcel of land conveyed to Randy C. Snider, by deed recorded under County Clerk's File Number 96-R0016095, Real Property Records, Denton County, Texas; authorizing the expenditure of funds therefor; providing an effective date. The Public Utilities Board recommends approval (5-0). V. Consider adoption of an ordinance finding that a necessity exists to acquire easements and temporary construction easements and authorizing the acquisition through agreement or eminent domain of approximate twenty-five foot wide utility easements and approximate twenty-five foot wide temporary construction easements on various hereinafter described parcels of real property for the relocation and installation of municipal utilities relating to the "U.S. Highway 380 Utility Relocation, Bonnie Brae to Elm Street Project"; providing a severability clause; providing an effective date. The Public Utilities Board recommends approval (5-0). City of Denton City Council Agenda October 21, 2008 Page 7 w. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Easement Purchase Agreement between the City of Denton and South Stemmons Property Group, Ltd., together with any other documents necessary to acquire easements of approximate 0.526, 0.253, 0.089, 0.128, and 0.128 acre tracts of land located in the Robert Beaumont Survey, Abstract Number 31, City of Denton, Denton County, Texas, said tracts being part of a parcel of land conveyed by Margaret Porter to South Stemmons Property Group Ltd., by deed recorded under County Clerk's File Number 2002-R0145810, Real Property Records, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (5-0). X. Consider adoption of an ordinance of the City of Denton, Texas approving Bid No. 4115 for the sale of approximately .6887 acres of land situated in the R. Beaumont Survey, Abstract Number 31, Tract 115, which real property was conveyed to the City of Denton on December 19, 1944 by deed recorded in Volume 311, Page 115, Deed Records, Denton County, Texas; providing the City Manager with authority to execute a deed to Eagle Farms, Inc., the successful bidder, together with any other documents necessary to sell and convey said real property; and providing an effective date. The Public Utilities Board recommends approval (5-0). Y. Consider adoption of an ordinance of the City of Denton, Texas amending the One and Two Family Building Permit Fee of the Schedule of Permit Fees issued by the Building Inspector; superseding prior One and Two Family Building Permit Fee Schedules to the extent of conflict, and providing for an effective date. Z. Consider approval of a resolution of the City of Denton, Texas ("city") denying the rate increase proposed by Oncor Electric Delivery Company, LLC ("Oncor"); finding that the meeting complied with the Open Meetings Act; and declaring an effective date. AA. Consider adoption of an ordinance of the City of Denton, Texas approving a compromise settlement agreement between plaintiffs JNC Partners Denton, LLC, white Cake Denton, L.P., John Lau, and Campbell Road Holding Company and the City of Denton; authorizing the City Manager and the City's attorneys to act on the City's behalf in executing any and all documents, and to take other actions necessary to finalize the settlement; authorizing the expenditure of funds therefor; and declaring an effective date. 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance regarding the initial zoning of approximately 484.84 acres of land to the Hills of Denton North Master Planned Community (Hills of Denton North MPC) zoning district and the rezoning of approximately 17.14 acres of land from Neighborhood Residential 2 (NR-2) zoning district to the Hills of Denton North MPC zoning district. The subject site is located on the west side of Locust Street and south of Milam Road City of Denton City Council Agenda October 21, 2008 Page 8 and is legally described as a tract of land situated in the J.A. Burns Survey, Abstract No. 130, the B.B.B. & C.C.C.R. Survey, Abstract No. 134, the E. Pritchett Survey, Abstract No.1025, the W. Pea Survey, Abstract No. 1054, the F. McKettrick Survey, Abstract No. 846, the J. Stewart Survey, Abstract No. 1150, the J. Ayres Survey, Abstract No. 0002, the A. Fry Survey, Abstract No.1639, the L.W. White Survey, Abstract No.1408, and the S. Blish Survey, Abstract No. 40, Denton County, Texas, further being all of those certain called 165.46, 79.9951, 90.0542, 3 8.323 5, 123.192, and 5.0318 acre tracts described to 2006 Milam East Partners, L.P. by Special Warranty Deeds recorded as Instrument No's. 2007- 61548, 2006-134981, 2006-134987, 2006-134991, 2006-134976, and 2006- 134972, respectively, in the Official Records of Denton County; providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. The Planning and Zoning Commission recommended approval of the initial zoning and zoning change request (6-0). B. Continue a public hearing for a zoning change from a Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development 13 8 (PD-13 8) zoning districts to the Inspiration Master Planned Community (MPC) zoning district classification and use designation; the area for zoning change encompasses 3,331 acres of land located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard and is legally described as certain tracts of land in the E. Pizono Survey, Abstract Number 1269, G. Pettingale Survey, Abstract Number 1041, J. Taft Survey, Abstract Number 1269, G. West Survey, Abstract Number 1393, B.B.B. & C. Railroad Company Survey, Abstract Number 158, S. Pritchett Survey, Abstract Number 1021 and the McCutchin Lands known as Pilot Knob Ranch in the City of Denton, Denton County, Texas, providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (MPC07-0001, Inspiration). The Planning and Zoning Commission recommends approval (7-0). 1. Tabled -Consider adoption of an ordinance of the City of Denton, Texas, for a zoning change from a Agriculture (A), Industrial Center General (IC- G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1 (RCR-1), Community Mixed Use Employment (CM-E), and Planned Development 13 8 (PD-13 8) zoning districts to the Inspiration Master Planned Community (MPC) zoning district classification and use designation; the area for zoning change encompasses 3,331 acres of land located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard and is legally described as certain tracts of land in the E. Pizono Survey, Abstract Number 1269, G. Pettingale Survey, Abstract Number 1041, J. Taft Survey, Abstract Number 1269, G. West Survey, Abstract Number 1393, B.B.B. & C. Railroad Company Survey, Abstract Number 158, S. Pritchett Survey, Abstract Number 1021 and the McCutchin Lands known as Pilot Knob Ranch in the City of Denton, Denton County, Texas, providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (MPC07-0001, Inspiration). The Planning and Zoning Commission recommends approval (7-0). (Tabled from September 16, 2008) City of Denton City Council Agenda October 21, 2008 Page 9 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Tabled -Consider adoption of an ordinance regarding a development agreement related to the deferment of perimeter road improvements. The approximately 2.6- acre property is located at the southwest corner of West Collins Street and Locust Street. The subject site is located within a Downtown Commercial General (DC-G) zoning district. (Date tabled 8/19/08) B. Tabled -Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on school days from 7:30 a.m. to 3:30 p.m. on the south side of Emerson Lane from its intersection with Woodhaven Lane to its intersection with Brookfield Lane; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. The Traffic Safety Commission recommends approval (9-0). (Date tabled 8/19/08) C. Tabled -Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on school days from 7:30 a.m. to 3:30 p.m. on the north side of Parvin Street from its intersection with Mercedes Road to its intersection with McCormick Street; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. The Traffic Safety Commission recommends approval (4-3). (Date tabled 8/19/08) D. Tabled -Consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential 6 (NR-6) zoning district classification and use designation; the area for zoning change encompasses 0.375 acres of land located at the northwest corner of Ruth Street and Cross Timber Street, and is legally described as Block 11, Lot 6 of the Alex Robertson Addition, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000 for violations thereof, severability and an effective date (Z08-0005). The Planning and Zoning Commission recommends denial (7-O). A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL. (Date tabled 10/07/08) E. Consider the appointment of a voting and alternate voting delegate to the National League of Cities Annual Business Meeting. F. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Bob Clifton regarding DME credit card purchases. G. 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. City of Denton City Council Agenda October 21, 2008 Page 10 H. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. I. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 2008 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY' S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: Finance A M• nF n C Jo ortu e SUBJECT Receive a report, hold a discussion, and give staff direction regarding a delinquent tax attorney contract. BACKGROUND The backup for this item will be provided to City Council on Tuesday, October 21St Respectfully Submitted: Bryan Langley, Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Central Business District Association of Denton, Texas, dba Denton Main Street Association for the payment and use of hotel tax revenue; and providing an effective date. ($25,000 -Hotel Occupancy Tax Committee recommends approval 2-0) BACKGROUND This Association is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for aone-year term beginning January 1, 2009 through midnight December 31, 2009. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW The Hotel Occupancy Tax Committee reviewed all budget applications and recommended allocations to the City Council during the Work Session on August 7, 2008. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $25,000 for FY 2008-2009 and has been included in the Annual Program of Services. EXHIBITS Ordinance Contract Respectfully submitted: Bryan Langley Director of Finance s;l~ur dQCUmentsl~~dinances1081hot fundslmain sheet ord.doc ~RDINAN~~ N~. AN ~RDINANE ATH~RI~IN THE CITY NIANA~R T~ EETE AN A~xEEENT BETWEEN THE CITY OF DENTIN AND THE NTRAL BL~n~E DITRIT A~~AT~~N ~F DENTIN, TEXAS, d~bla DENTIN ~V1An~ STREET A ~~~ATI~N ~`~R THE PAYIVIENT AND HIE HOTEL TAB ~.E~ENUE; AND ~R~VIDIN AN EFFE~TI~VE DATE. THE C~~INIL ~F THE CITY 0~ DENTIN HEREBY ORDAINS: SECTION 1. The pity 1~lanager, or hts designee, is hereby authorized to execute an agreement between the City of Denton and the central Bus~~.ess District Association of Denton, Texas, dlbla Denton a~n Street Association for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. ETION This ordinance shad became effective immediately upon its passage and approval. PASSED AND A.P~ROVED this the day of _ , ~0~8. 1VlAl~. A. B~JRRD~J~HS, MAYOR ATTEST: JENNIFER SALTERS, CITY SECRETARY BY: APPRD~ED A.S TO LEGAL FDRI~: JDHN 1VI. NYC~HT, II~TERI~ITY-ATTORNEY f i r ~ . ..r. . ~ f ~ f. I IAN, ~ , dl~la DN'~'~l~ MAIN '~~T AS~IA~'I~N OQ9 ~ ~ PR~vIDIN ~I~R T ~AY1NI' ANA ATE IMF COL TAB GNU T~ A.CrR~~NT made between the Ci of ~ ~ ~ • , f ty enton, Tees, a mun~c~pa~ rporauon the CITY'}, arzd the Central ~~sine I~1str~ct Associatron of lento Texas Inc . a Iega1 entity incorporated under the laws of the State of Texas the "ASS OCL4TI~~" ~ } wHERE~S, Tom. T Ca~~ ~3t,0~~ authorizes CITY to le b ordinance a munic~ hotel ~ ~Y ~ occupancy tax ~ hotel tax ~ not exd~g seven percent ~7°l0} Qf the consideration aid b a hotel occu an ~ and ~ ~ p t, wH~E~,, by or+dinan~ce, CITY has provided for the assessment and cotlecti~n of a municipal hotel occupancy tax in the City of Denton of seven rcent 7°I~ i . pe ~ and ~I~F A , 'lax. T o~~ 5 I . ~ ~ 1 {a~ authoris ITS' to use revenue fra~n its mun~c~pal hotel occupancy tax promote tourism and the convention and hotel modus b ' • • f F , . er~srng and conducing sollc~tatzans and promotion programs tQ attract wrists and convention delegates or regist~nts to the m~un~cipality ar its vicinity; and i ~A.S, A~CIATI~N is well equip to arm, those a~c~vitie• ~ ,and w~EA, Tom. Tex Co~~ ~3 ~ I.10 ] {c~ authorizes Cl'TY to dele ate ~ contract with AS~IATI~N as ~ g y an independent entity, the mae~aenfi and supervxivn of prog~ns and activities of the type described hereinabove faded with avenue ~ e municx h vtel occupancy ~~~RE, in consideration ol~ the p#`ortnance of the mutual covenan#s and promises coined herein, CITY and A~CIATI~N agree and contract as follows; I. ~I~TEL ~A~f ~ PA ~ ~ . 1,1 Canaidera~o~. For and ~ ~nsideratian of the activities to be ormed perf by ASSDCIATIDIV under s Agreement; CITY agrees to pay to AOCIATI~I~ a rdon of e hotel tax revenue call ected by CITY at the rates and in the mangier sued herein such ents b CITY to A~CiTI~N ~ Ym Y omet~rnes herein referred to as the agreed pay~arrents or hotel tax funds"~. 1.~ Ana►o~~ a~Paymen#~. ~a~ As used this Anent, the following terms shall have the follawin ~c ~nea~un ~ ~ ~ r The tee "hot~1 tax reven~e,s shall mean the bass monies cohected and received by CITY as municipal hotel occupancy tax at the rate of seven ercent 7°Io • ~ P ~ } of the pne paid for a roam 1n a hotel, pursu~a,~t to Texas Tax Code SI.~~~ and City Iviai~ trcet i~OT nd~n PY2U49 - Pa~~ ~ - i 1 i - , If i ' - - i Ordinance. Hotel tai revenue will include and interest rettcd to the date payments of the ~ revenue by the tpayer. . ' The term "Cllection period" wil ~ n~eari the collecfion riod for O"~'s ear, rt . y will include hotel ~ revenue due to CITY far the relevant fiscal ear and collected thro ~ ugh the ~~nd day of the month fallowing the claw of the relevant fiscal ear, . Y viii} The terns "base payment amount" shall mean a net aino . ant of money equal to the total hotel ~ revenue collected by CITY during any relevant `od of tine i.e. ~ ~ fiscal year or f scat quarter}, Less ~ ~ ~ attorney and auditing costs incurred d~ such relevant ' ad of time f ~ • ~ ar casts of collection or audits-ng of Motet taxpayers attorney and auditg costs include fees paid to attorneys or agents not in the re ar ern to of ITS foot . pY which attorneys or agent effect-eamplir~ce ar collec~on of the hotel ta~c from ~ a ers • ~ Y and caul costs and other expenses mc~. l~tta~ion airis ar auditin of such ~ g taxpayers, ~tv} The W~ iin~ q~vf' shall refer tc any quarter of the encr ear ~ which this m ~ y ~ ent rs in farce. ont~~act quarters will end on ll~arch ~ 1 ,Jane 3 U , epteinber 3 a ,and December 3 ~ ~ of each contract year. {h~ 1'n return fQr satisfactory performance of the activities set forth in this A cut and all ~ ~ a#tachments hereto, fTY shall pay AOIATI~~ an arnaunt ~ of move in each Y contract year equal or lesser an~aun# af: One and seventy l;iht one Hundredths percent 1.78°I~ ~ ~ of a annual base payment amount, ar the fixed contract ainaunt of Twen give Thousand . tY I}ollar ~~5,4~~~,This amount will be divided ~nta quarterly payments ua1 tv of the annual fixed e9 contract amount, unless C'Y can show nth reasonable certainty that the annual base payment amount will be less than originally estimated for the fiscat ear, The fourth uarterl ~ y q Y payment will represent 25I~ of the Fixed contract a~maunt or the unpaYd remainder of 1.75°Ia of the base paymen# amount, whichever is less. fah quarterly payment is sub`ect to receipt of unused funds from the prior contract period and the receipt of the aired u~rl q y reports. 1.3 ~Da of ~eat~. ' ~a} The term "quarterly paYme~►ts" shall mean payments by CITY to AO~IAT#O~ of Chase amounts specified in ¶ f above, as determined by the hotel ~ revenue collected. - i fib} Bch quarterly payment shall be paid upon receipt of the r aired re its and after the ~ day follaw~ng the last day of the contract quaxter. ~f the quarterl financial rt is no# . Y received within t~vrty days of the end of the applicable contract quarter, the reci lent ma, be held ~ breach of p Y tins 1~greemen#. ~ nay withhold the quarterly payment~s~ un~l the appropriate ports are received aid approved, which approval ~ not be unreasonabl withheld. y ~ . .aan s#reet ~~T Funding ~Y2o~~ -Page 2 - ~ i ~P ~OI~S l~ CQI~~~~IL (a} ~'he funding of this pra~ect na way ~ornmits CIT'~ to futuare fun ' of this m • ~ ; ~ ~ beyond tha ct~rent contract period, Any fixture fdui is shalll the A. ~ y responsibility of CZATI~N. fib} It is expressly understood that the contract in ova obli ates the ne F ~ ~ and or any other rnon~e~ o~ credits ofC1TY. fie} CTT~ may withhold further alloca.ons if CITY determines that AOCIAT~DN's expenditures deviate mat~ria~~y from their approve budget. Il. USE ~ ~`A~ R~YENU { Use of finds, Far and in considera~on of the payment b CITY to A~~CIATI Y ~N of the agreed payments of hotel tax fields specified wave, AIATI~N s to use such hotel tax fluid • • ~ ~ s only far ad~e~isrng ca~duct~ng allcztat~ons and prornofional ro atact tourists and con ~ ~ ventYnn delegates or re~stnts to the rnunxcipality or its ~iehuty~ as authvrrz.ed b Tom, Tex CaD~ 3~I.1~1 a 3 . F Y ~ ~ ~ ~ } sands for any calendar year which. are unused by n~idni t December ~ of that year shad be refunded to CITY vvrthin slaty ~6a~ days, Admiafars~ve o, The hotel tax funds received firm CITY b A~CIATI~I~ rya . ~ Y be spent for day-today operations, once supplies, salaries travel a nses and xpe other ~stradve casts allowed by TFX, TAX CEDE X51.1 aI ~ and if each suoh ` ~ ~ ~ tnre t~ dctly attirrbutable to word an programs which promote tour~srn and the hotel anal canven~ n 0 industry} and promotes at least one of the s• story purpd enumerated within Tl1X. TAX C~D~ 3 51.10 l (a~. Spec Rest~c~ia~ on Use o~~nds. ~a} That portion of total administrative costs of A~IATI~~ far .which hotel tax funds may be used shall not exceed that portion of A~CIATIDN's ' ' eve costs actuall Y incurred in conducing the avities specified i~ ¶~.1 above. ~ - fib} ~vtel tax funds may not be spent far travel for a person to attend an event ar conduct an ac#ivity the primary purpose of which is not directly related to the promotion of local tourism and the conven~.an andhotel indusxry and the performance of the n}s 'ob in an e#ficient and ~ ~ J professional manner. ~ ~ ~ OIt~ ~ R~~TIl~ R~Q N' ~r~d~et. ~a~ ASDIATI01~ shall prepare and snbmtt to the City er of CITY a~ annual bud et se • - ' , , ~ g ~ e Ebrt as approved by the C1ty Cauncrl ;far each calendar ear for such o rations afA~CIA ~ y ' TIN in which the hotel tax funds shal.~ be used by A~CIATI~N. This budget shall specifically identify proposed expenditures of hotel ~ ids A~CIATI y N. In other words, CITE should be able to audit specifically the a of each indid . P~ pendrture of ~Vfa~ street SOT dingy PY2449 - Page 3 . ~ i hotel ~ .funds bona the separate accaunt rela~dng tv hotel' ~ funds, Ci~'Y shall not pay to A~CIA'fl~~ any hotel tax revenues as set forth in ect~an~ I of this contract Burin an ear of this A emen ~ ~ Y re t unless a budget far such respective prognarn gear has been a ved in writin b p g y the Denton City Council, authoring the expend~tuxe of funds. Failure to submit an annual budget tnay be considered a breach of centract, and if net remedied is considet~ed ands for termination ofthis Agreement as stated m paragraph 4.2. ~ A~~~CIATT~I~ ackr~ow~ed es that the a rove. of pp such budget by dae Denton City Council cues a hduciary duty ADCtATID~ with ~ the hates ~ funds 'd ~ ~ y CYTY to ASDIATI~N under this Agreement AS~CrATiDI~ shall ex end hotel ~ funds Drily m ~e manner aid fur the purposes specified in this Agreement, T~ TAx C~D~ 3 ~ .141 a • § and m the budget as approved by CI~'Y. epara~e Accou~n#s. AQCJATIQ~ shad maintain an hotel ~ fiu~ds 'd to ~ ~ Y ~CIATi~~ ~ by CITY in a separate account or with seega fund accoun * such that an ~g3 reasonable person can ascertain the revenue sour ce of any gives expenditure. . ~.3 ~e~ Re~or A~CIAT~DN shall maintain com ?etc and accurate financial P records of each expenditure of the hotel ~ funds made by ADCJATID. These funds are required to be clashed as reslicted fund far audited financial ses, and ma not be used far p Y contracted services, including, but not limited tb, auditing fees or attorney fees. [J n reasonable l advance v~ritten retest of the Denton City Council., the City Manager or deli a or an ether ~i person, ADCiAT~~}N shall mare such uncial records available far ~.nspec~an and re~nev~ b - the the party g request, A OCIATZ~1~ understands t and its ~ a~1 such financial records, ar~d any other records relating to this Agreement shad be suh`ect to the Texas Public Infarmation Act, Tex. qv T CEDE, oh. as herea#~er amended, .4 r~er~ eporta. Aber initial receipt of hotel ~ funds, and within da after the Y Ys end of every quaker thereaf~e~r, until all funds have been expended and pared ~o TTY A~IAT1~ shall furnish to CTTY: 1 a cons leted arieial ~ ~ F report, a list of the . expenditrmes or copies of the invoices oar opts made wi#h regard #a hotel tax funds nrsuant to - ~ ~ p . TAx Co~~ §3~ 1,101 ~c}, and a eop~r of all ancta.I records {e,., co ies of front and bac1~ Qf r p cleared checks or b~k statements, and other relevant docurrtentat<an . both the frnariial and . ~ expenditure reports will be m a form either determined or approved b the Ci er or • ~ des~tgnate. A~DCIA`l~Dl~ shall i~spond pranlptly to any inquest frDm the Ci er of CITY • tY ~ s ar designate, for additional information relating to the activi~es performed under this A went, ~ No~ee ~f l4iee~a .ADCIATIC}N shall give the Ci Mana er of CITY or his tY g designate, reasonable advance written notice of the time and lace of all m of ~ • ~ - ADCIATZ~ s board of Dutor5, as v~ell as any other rn of art onstituen of . . ~ A~CrAATIDN, at which this Agreetent or any matter subject to this A ent shall be considered.. - Iv. TRIM AND A~IDN 4.~ Werra. the term of this Agreement shall commence ari fan 1 ~40~ and ter~inat elides ~ ~ ~ eat ght on January ~ 1, X010. However, the program period shall commence on Jan 1 ~Qp~ ' ~ ~ ~ Maw sheet HST ~"undYn ~Y20~9 - P! e 4 - ~ I and ternainate at midnight on December 1, ~0~9. ~y hose ex enditures authoriz ~ ed by chapter 5 ~ of the Texas Tax bode and the pxogn guidelines, which are actuail inc ~ u~xed dwr~ng e progr~n period, for events and activities taking place within the ro rio are ell 'b . , , • P ~ pe ~ ~e for funding under this agreement, and any u~el~g~ble ex d~tures o~• nt funds ' . ~ shall be forfeited to CITY upon termination of the Agreerner~t. Te~t%Qation wri~ou~ Case. (a~ This Agreement may be tearn~inated by eithez party, with or without cause b e other s' ~o da s advan Y ~g ply ' ~ ~ y ce written nonce. ~ Ire the evert this eontaract i te~minated by either p ursuant to section 4.~ a ~ ~ ~ IT`S agrees to reimburse AIATiDN for any contractual obli aeons of AOCIA'T and ~ ~ . ~ t~N ertaken by A~OIA I tN ~ satisfactory performance of those activities ecified ~ ~.1 and 2.2 above, and fat here approved by the oux~cil through the bud et, as noted ~ .l . This • ~ ~ reimbursement 1s cond~t~aned upon such contactual obXi aeons havin been incurred an r ~ ~ entered znto m the good faith perfo~nance of those services c~nten~ lated in ~ and ~.Z above p ~ and further cond~t~oned upon such contractual obliga~ons havin a term not exce the full . ~ term of this Agreerneut. l~otwrthstandmg any prov~s~on hereof to the con the obli ation of . trary, g ~ to re~rnburse A~IATI~N or to assume the performance ofan contractual obi tions of AO L~.TI~N, for ar under any coact entered into by the A ~~ATIIDN conternplated herein sba11 not exceed of the current ~uarteri eat, y FaYm . ~c} further, upon termination pursuant to ~4.2~a}, A~~L~,TI~N wild rovide I'TY: 1 rtlain 1 ~ busine P ~ ss days from the termanat~on notlficatZOn, a short-~ bu et o#' robable • P expenditures for the rennuag GO day period between termination notification and contact termination, This budget will be presented to council for pprovai within, l o business da s a~.er recei t b CITY. If forn~~al • y P Y approval i s not given w~th~n I ~ bumess days, and the budget does not contain any expenditures that would be prohibited by the Texas Tax bode, and is within the current contractual period approved budget; the budget will be considered approved; within days, a full accounting of ate expenditures not previoraly audited b IT'~• 3 wi~an • - Y ~ ) business days of a request from CITY, a listing of expenditures that have occurred since the last required repporting period; a ~ accounting of all expenditures and tax funds oa the da of termiaat'ron, AS DIATI~~ will ' ~ be obligated to retuna, any unused finds, or finds determined to be used improperly. Any use of remaining Bands b the T~AT~E a~e~ notif icatian . Y of ternunat~on condi~oned upon such contactual obligations having been incurred and entered into in the good faith performance of those services cant fated in Z.l and ~.2 above and p further cond~tYOne~d upon such contractual obligations having a term not exceedin the full. term ofthis A eemeat. g 4.3 Autos "~ermi~~ion, This Amerr~ent shall ~utomatiI termiate u n • Y the occurrence of any of the following events: . i ~a} The tern~inaiion ofthe Iegal existence ofAOIA'~ON; . fib} The insolvency of 1~O~IATIDN the din of a ' ' . a g pe~~on ~ bankruptcy, ether voluntar~.ly or ~nvoluntar~ly, or au asrgnment by A~IATI~N for the benefit of creditor• Alain tr~~t ~~T Funding ~Y~oo9 ~ gage 5 - a 1 I ~c} The continuation of a breach of any of the t~s ar conditions this Agreement by either rTY ar ASIATI~IV far mare than ~ ~3~} days aver written native of such breach is given to the br~achin b the other or.. ; ~ ~Y Y ~d~ The failure of A~IAT~~~1 to submit a financial quarterly report which corn lies P with the report procedures required. herein and generally accepted accounting principles prior to the begging of the next contract term, ar quarterly as squired by section 1.~ hereof. 4.4 1~ to fmmedi~#~ Tcrmiian ~Jpon ~~on. ;~Iatwitlistanding any other provision of this Agreement, to n~.tigate damages and to preserve evidence and issues fvr judicial determint3on, either party shall -have the right to tcrmir~ate thi s Agreement upon immediate notice to the other party in the event that any person has instituted litigation concerning the activities of the nan~terrainating party, and the t party reasonably believes that such activities are required or prohibited under this Agreement, ~ r 4.5 ~ In the event that this Agreement is terminated pursuant to ¶¶4.3 or ~.4, A~~ATI~I~ agrees to refund any and all unused funds, or funds deter~ined by CITY to have been used improrly, within days ai~er tcrrnination of this Agreement. ~v~I~~ .1 ~bconfit~aet for Performa~~ ~f ~r~, Nothing in this Agreement-shall prohibit, nor be coretrued to prohibit, the agreement by AIATI~Iq with another private entity, person, or argani~a~ion for the performance of those ~ described in ~~,1 abavc. lrY the event that AOCIAT~~l~ enters rota any arrangement, contractual Q~ otherwise, with such other entity, person .or vrganizatip ASSOCIATION shall cause such other ety, person, or ~arani~atian to adhere to, conform ta, and be sub~~ct to ail provisions, terms, and condi~ons ofthi Ag~eernent and - to Tex. TAx ch. 3 1, including reporting requueen~s, separate funds ce, and limitations and prahibitrans pertaining to expenditure oaf the agreed paY~ents and hotel tai funds. Inde~ead~t on#arsctar. AS~ATY~ shall operate as an independent contiractor as to all services to be performed under this Agreement and not as a~ ofl~cer, agent, servant, or employee of CrTY. ASSOCIATION sll have exclusive control of its operations and performance of services hereunder, end such persons, entities, ar organ~tion performing the same, and , ASSOCIATION shall be solely responsible for the ants and omissions of its directors, a~cer, employees, agents, and subcontracactars. ASOIATiON shall not be considered a partner ar joint - venturer with CITY, nor shad ASSOCIATION be considered, nor in and Manner hold itself out as, - anagent or official representative of CrTY. .3 Indera~fica~on~ ,A~IATfQN A~R~ T I , BAR .F. AND DPI CITY, ~ ~F~IE~i, ,~N~', ANA ~PLI~Y~ RAM A1~D AGAINST ANY ANA AFL ~R SUITS ~'R D.11 DAl1+IA~, LOSS, ~R LIA~I,LTTY ~F w~ATVt BIND CT~I~ AR~SIH ~IJT ~F R Il~ ~ { ~N wiT~ THE PE~RMANE BY ~ THE TITR ~F TOE SERVICES C~NTl1LAT BY T .ARC - , II~LiIN ~ ALA '~J ~R AUK ~F' ATI~N BASED USN Cl~1VIlVIN, N NAB ~]R Mein street HOT F~.nd~g ~~Z~O~ - gage 6 ~ V 1 I V~ ~ T T u~ V ~ J.! ~ V j V ~ t~.~~~~~~ i' NLIENT ~ ~i~NA~ A'T THEATRE, STS VIER, EM~LO~ Ix~N~', ~~il~A~"T~R, EI~EF ANA ~ Assmen~ ASiATI~~ shai.l not assiga this Agreement without fiat o ' ' the ~ bta~ng wr~ttcn anent afIT~. 5. otic~ any nonce required given under this A ent a~ an statue ordinance r ~ Y ~ ,o - regulation, shall be e~`ect~ve when g~ver~ ~ wren and deposited in the united Mates nail, cert~ied nail, retu receipt requested, or by mod-delivery, addressed to the repectave parties as f~llaws: C AgIATi~]V pity Manager ~ Denton Main Street Association . pity of Denton ATT~: ~hris~ne Bassett ~ ~ 5 E. McKinney P~ Box 2~ ] 7 Denton, T 7~~4I ~ Denton, Texas ~~~o~ I~~r~eme~t, This Agt~eement and each rovision hereof and each and e ri P ~ ~ ~ dY~ obligatron~ and liabiixty set forth herein shall be binding upon ar~d inu~ to the benefit and ahti anon of and ,A.S~ZAT~~N and their respcctzve successors aid ssagn. S.7 App~ca~vn ~f vs. ~l terms cond%ti~ons and visions of this A ' pro greement are subject to ail applicable cede laws, state laws, the charter of the i of Denton, all ordinances sed pursa~ant thereto, and all ~udacial dctermrnatzons relive thereto. Ercl~ive This Agreerrzent contains the ~ entire understrand and cons~tutes the entire agreement between the rr~ies hexeto concerning the subject natter ~ntained herein. There ire na representations, agreements, arrangerrients, or understandings, ara~ rnr written, e s or li ' ~ imp ed, between or among the pares hereto, relatxn the subject ~ of this A~ee~ent, which are not fully expressed herein. The terms and conditions of this .dement- shall veil, - notwi any vatrance ~ this Agreement from the tenors and condition o~ any other ~docurnent rcla~.n to this t~ansac~on ar these transactions. I~uphcate ' This Agree~ncnt is executed in duplicate on ' ~ . 5.f ~ H~ag~. The headings and subheadin of the various sections and ~ h ~ . i ~ patag~ap s of thrs Agree~nerat are inserted merely for the purpose of cvnvernence and do not express or 1 an . Y Itat~on, defuvtzon, ar extension of the ei he t~ o~ the sec~on and para~rph so deli ed. x.11 everahility. ff any soctian, subsection, paragraph, sentence, clause, phrase or word in this Agreerner~t, or application thereof to any person or circ~un.stance is held invalid by any court of competent jurisdiction, such holding shall oat affect the validity of the remaining potions of this Agreement, and the parties hereby declare they would have enacted such ' ' dons des ite ~ gray such rnvalrchty. - i ~ ~ - ` 1VIa~I1 Street HST ~'uIlding PY~0~9 - gage ? ~ 4 + r ~1~D1~ ~IA7~~~' s~ ova . ~ ~ ~ ~n ~ ~ ~ r ~ ~ ~ ~ a Lr~t~ ~ ~ ' ~ ~ any event ~n ` P wee r.~ ~e v~d o~ ~~d. 5. T1 ~"TY ~'~I~r 7~ ~~r; ~~A~R r~.~-- ~~T; A~ T~ L F • ~i ~ ~V ~ r ~ ~ } t~ ~ _ 4 a . f ExhibitA D~r~ton.ain Streit AS~~i~~ion 1 Ards, ~4r~iFrgr~e ~ A u~o ana~ Do~r~~vwr~ ~ourir~ contract Applicant PY~00 budget 1 I ADVERTISING Brochures ~ , ~ QO 1lisitor guides ~ ag a~i nee Radio ~ ~,~00 Billboards ~ 1,000 DFV11 Area Tourism ouneil ~Ilern~ership 300 Internet 1e~site 300 Postage - 300 Salary i 9,000 h ' 25,D00 4 i Total Roquet . ~,~DD I AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Air Fair, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($11,000 -Hotel Occupancy Tax Committee recommends approval 2-0) BACKGROUND This agency is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for aone-year term beginning January 1, 2009 through midnight December 31, 2009. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW The Hotel Occupancy Tax Committee reviewed all budget applications and recommended allocations to the City Council during the Work Session on August 7, 2008. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $11,000 for FY 2008-2009 and has been included in the Annual Program of Services. EXHIBITS Ordinance Contract Respectfully submitted: Bryan Langley Director of Finance s:lo~r ~ocumer~slord~nance~l~$I~ot ndslair fair ordinance,doc C~RDINAN~E ND. AN DRDINANE AUTHDRI~ING TIDE CITY MANAGER TD EXE~~JTE AN AGREEMENT BETWEEN THE CITY ~F DEN~`DN AND TIE DENTDN AYR FAIR, ~N. FGR TIE PAYMENT AND ICE DF HDTEL TAX REVENUE; AND PRDID~NG AN EFFETI~E DATE. TIE ~~~TNIL DF THE CITY DF DENTDN HERESY ~RDA~N: ETIDN I , The City Manager, or his designee, is hereby authorized to execute an agreement between the pity of Denton and the Denton Air Fair, inc. far the pa~n~ent and use of ~.otel tax revenue, under the terms and conditions contained in the a,gree~nent, a copy of v~hich is attached hereto end made ~ part hereof. ETI~N This ordinance shad become e~fcct~ve immediately upon tt passage and approval. PASSED AND APPR~~ED this the day of , X008 i i MARS BURRDUGH~, MAYOR ,ATTEST; JENNIFER SALTERS, CITY E~RETARY - BY. APPRDED AS TD LEGAL E~RM: ,IDI~N M. KNIGHT', INT TORNEY ~Y~ ,r ' i I AIa:J~ ~l'J~1' J :f~ ~ ~ ~1' L~ ~R~vIDI~ F~~'1rHE PA► + A~`D ~F 4'I'E ~Ax REV~1~UE - T~ ARE~I~NT made heetween the City of Denton, Texas, a municipal corporation the "CITY'"}, and the Denton Air Fair, Inc., a Ieal entity incorporated under the laws of a Mate of Texas the "AIR FAIl~"}: fix. TAx CEDE ~~l.aa~ authorises CITY to levy by ordinance a municipal hotel occupancy ~ ~"hotel tax"} not exceeding seven percent ~7°Io} of a considera~on paid by a - hotel occupants and AREA, by ordinance, CITY has prodded for the assessment and collection. of - munici al hotel occupancy tax in the City of Denton of seven percent ~7°Io}; and SEAS, Tex. TAB Cols ~ . l a I authorizes CITY to use revenue fna its nauniclpal hotel occupancy tax to promote tourn and the convention, and hotel industry by . advertising and conducting solicitations and pron~o~onal programs to attract tourists and convention delegates or registrants to the municipality ax its vicinity; and "~RFA, AIR FAIR is well quipped to perform thaw activities; and Tom. TAx Co~~ 3 1, I ~ 1 c} author CITY to delegate by contract with a § ~ AIR FAIR, as an independent entity, the management and supe~dsion of programs and ativi~es of the type deeribed hereinabove funded with revenue from the municipal hotel occupancy tax; New, TIFDI~E, ~ Consideration of the performance of the mutual coverts and promises contained herein, CIT1~ and AII~ FAIR agree and contact as follows: SQL TAx YENIIE PA . 1.1 oderon. For and m conderatran of the av~~es to be performed by AIR FAIR under this Agreement, CI'I"Y agrees to pay to Aft FAtR a parkan of the hotel tax revenue collected by CITY at the rates ar~d in the manner spec~ied herein such payments by CITY to AIR FAIR - sometrrnes herein referred to as the "agreed payments" or "hotel tax funds"}. 'lo~n# of Payment. a a As used i~ this A meat, the follcdng terms hl have the following speci~'ic . ~ ~ meanntgs: ~ ~ - ~i} The term "hotel tax revenue" shall rriean the grass monies collected and received by CITY as municipal hotel occupanc~r tax at the Fate of seven percent ~~°l~~ of the price paid for a room in a hotel, pursuant to Texas Tax Code 51.~4~ and City - Drdinance. Hotel tax revenue will include petty and interest related to the late payments of the tax revenue by the taxpayer. D~nt~n Air Fair, Inc P~~~U9 - P`ag~ ~ - - - i 4 ii The terra ~~llect~on rind" ~ mean ~e co~~ectinn period for ~1TY's It will include hatel tax revenue due to ~Y far the xelevant fiscal ycr and fiscal year. ted thra the ~~nd da of the month fallowing close of the relevant ~sca~ ~'e. cane ugh Y The term "base a ent amount" sha11 mean a net a~aaunt of money equal {m~ ~ Ym total hates tax revenue collected - by ~IT~ during any relevant period of tune e, , to the , , ~ al ear or fisscal uarter , less: } attorney and aud~~ cQSts incurred dur suc Esc ~ q ~ , . 'od for casts of colle~on ar auditg of hotel taxpayers {attorney and audltu~g costs are to of ITS for which include £ees paid to attneys or agents not ~ the Tegtd mp Y eats effect cony liauce or collection of the hotel tax firm taxpayers}; and attorneys or ag p court costs and other expenses incurred in litigation against, ar audits af, such ta~~payers. ' The term "contract uarte~' shall refer to any quarter of the calendar year in - ~1~~ ~ ~ ~ h this ent is in force. Contract quarters wlll ~d on March 31 ,June 3 ~ , - wluc September 3~ ,and December 1~ ofeach can~ract year. - ~ - ~ retuxr~ far satisfacto etfat~nlance of the activities set fob in this Agreement - } rY ~ 1 attachments hereto ~T'~ shah pay to AIR FAIR ari amount of money in each contract and al ~ a the lesser amount of: Seven ~i~ht One Hundredths percent ~a.78 Io} of the ar~nr, year equal to amount or the fixed contract amount of Eleven Thousand Dollars ~1 i,aaa}, This base payment , t will be divided into uarterly payments equal to ~5°Io of the anaual fixed cantra.cf amour q arnaun unless pF`Y ran show with reasonable certainty that the annum base payment amount - t' • • ~ ent w~l wid be less than cri 1 estsrriated far the fiscal year. The fourth quarterly payYn ~ ~ o 25°I~ of the fixed contract amount or the unpt reminder of D.7~ to of the base represent whichever is Zess. Each uarterly payment is subj ert to receipt of unused funds payment amount, q from the r~or c~ntra~ct period and the receipt of the required ,quarterly reports. p 1. dates of ~ay~nen#s. ents" shall mean a eats by IT'S to AlR FAIR of those amounts {a~ The terra p 'fed l .2, above, as deteed by -the hotel tax revenue collected. ~ ~ • erl ent shall be aid upon receipt of the required reports and ~ the ~ ~ ~ ~ ~ . ~ the last da of the contract quarter. ~f the quarterly financial report not moved. ~5 day following y , . ~ , . . 5 Uf the En~ Df ~e ~ hCable C~~traCt gliat't`, the I~clplt nay ~e held In within ~ ~ breach o f this A ent. If T~Y may v~ithhold the quarterly payment{s~ un~ the appropr~at+e reports . ~ ld, are received and a proved, which approval shall rat be unreasanabt~r withhe p 1.4 []tbe~r l~i#a~iona co~Id~rt~on. a wa commits to future funding ~f this prog~arn ~a} The funduag of this pra~ect inn y t - e current contract 'od. An future funds is solely the respons~billty of AIR FAIL. beyond th ~ ~ - this contest in no wa obli ales the enexal Fund or any fib} It is expressly understood that y ~ other cronies or credits of ~ Den~o~n Aar Fair, tnc PY~009 -Page 2 t .i i 1 f withhold further alloca~ons YTY determines that FAIR's ~c~ ITY~ may ex ditures deviate materially from their approved budget. ~ P ~ USA ~F ~~'I`EL'~ l For and ~ consideration of the payment by CITY to AiR FAIR of the ~,1 ~Jse o~ ds~. otel tax funds if~ed above, AIR FAIR agrees to use such hotel tax fiu~.d aged payments of h ~ and ~ for dveisin and conducting solicitations and pramoonal programs attract tourists oy ~ ' 1 e or re 'slants ~ the n~ur~icipality or its vicinity; as authorized Tex conven~on de egat ~ ~ t ~ of ands for au calendar ear wl~ch are unused nudght l]ecember ~35I.ia1~a}, ~ y that year shall be refunded to CITY within sixty {~o}days. ' ~ The hotel tax funds , received from ~IT~Y by A FAQ rnay; +be -to-do o ' ors once su plies, salaries,. travel expenses, and other administra~ve .spent for day ~ ~ p . TAB ODE ~ 5 ~ . ~ ~ I but a~ly if each such expenditure is directly A costs allowed by, `FE .d ' w on ro which ro~ote tourism and the hotel and conven~on industry, an attirrbutable to o p gas p at least one of the six statutory purposes enumerated w~thm TAB prarnates ~5~.101~a}. . ' a c Use of~und~. p ' n of fatal aclinistrative costs of AlR FAIR l~or which hotel tax funds ~a} That porno xceed that roan of AIR FAIR's adn~nistra#ive costs actually incurred in may be used shall note conduc ' the ae~~ties specified ~ ¶~.I above. funds ma not be nt for travel far a person #o attend an event or conduct Motel tax y ~ 1 ` ` floe se of which i not directly relayed to the pro~no~on of I tourer a~a.ac~vYty, p~ p~ otel ind and the ormance of the person s fob m an. effic1ent and and the canven~ton and h wary professional ~rner. III. 1~E~~l ~ Al*ID RER'I~~ RED ~ . ~ k and 5u~n11t to the City Of budget ~Se~ ASR ~A~ S~l ~ ~ . cc 3 fed ~ t~ZP oUn~l fob e~C~ lendar' year, fD~ SuCh oper~a~ons of Exhlb~t ~ appro ~ ~ • ` r Otel tax funds Shall used This budge 5l spee~~Cally FAIR in wluCh ~ ~ • ' nditure of hotel tax funds by AIR FAIR m o~.er words, T~ should be identify proposed exile m the ' ihcall the se of each individual pendit~te of hotel tax funds fro able to audit spec y p~ e account rel ' to hotel tax. shall not pay to AIl FAR any hotel tax revenues as separat g . ' `contract Burin an row year of Agreement uess a budget far set forth ffi Section I of #hxs g Y P• • i ~ • ' ear h been ved In wrlting ~ Denton lty ~ouncll, authoring such respective proms Y , s ch of ` of f ands, failure to submit ~n annual budget nxay be co~dered a Brea i ~ .expenditure ~ ' medied is considered ands for tern~inatior~ of this Agreement as stated m contract, and ~ not h 4.~, I i~P De~ntp~ Air Fait, P~2009 -Page 3 - - • i - ~ • f~ciai uar~erl art which complies with the , ~d} The failure of AlR FAIR to suhn~ut a q , , ~ ' dares aired herein a~ad eneraily a,epted; accaxant.~g principles poor ~ the prate be ' of the ~ next confiract term, ar quarterly as re~utr~ed by ec~on 1, hereof. - Im~ed~ate Ter~m.~atlo~ Upon L~#on. Notwithstanding any other pvion 4.4 lit #o to rniri ate es and to preserve evidence and issues for judicial of this Agreement, g dauaag either ~ shad-~ have the rift t~ terminate tai Aree~nent open mediate notice l,~~te'i7n~nG4t~~n, r . . ~ ` f W,.14r to the other in the event that any person has ~nst~tuted ht,gat~on concerning the ac~v~t~es F ~ + i ed non-ter~at~ , and the t party reasonably hel~e~e~ that such acttv~t~es re~ . ar prohtbit~ed under thx s A~Ceeentw 4. ~ In the event this A eernent is terminated pursuant ~to 4. or ~,4, Ali FAIl~ agrees to an and all unused finds, or funds determined by CITY tv have been used improperly, . refund y ~ . within 3 U days after tei7nination of this Agreement. ~ . . ~LN~R~IL PRO~IION once of Services. ~othin ,ia this ,A~reeent shall prohibit, ~nar ;1 ~bca~tra~ for Performs g ~ , be construed to prohibit, a agx`ecmer~t by FAIR with another private entity, person, or arga~u- - or the arance of thaw services described in ¶2.1: above. In the event ghat AiR FAIR zatran f pcrf raters into an gran emen contractual ar otherwise, with such other entity, person or argan~ation, t e Y ~ shall cause such other enti ,person, or organisation to adhere ta, eanfarm to, and be . ~ AIR FAIR ' 1 F ~ i } sub' ect to all r~vlsi~ns, tens, and Condi~ons of ~4~►ent and to 1, TAx Co~~ c . ~ P r hibitions inc~udin r uiremcn, separate fiords aintenan~e, and Xinaita~ians and p o ~ ~ ~ to diture of the agreed Payments and hotel tax funds. - . ,4 pe~ e~ t ~~#ractor. AIR FAIR shall operate as an independe~.t co~ctor, as to all 4. ` ormed under this A een~ent and not s an ~#~cer, agent, servant, or employee of . servYCes to be perf - FAIR shall have exclusive control of its operations and performance of services ITS. AIR hereunder and such rsons, ent~tYes, or argani~auons perfoi~iting the same, and ASR FAIR shall be l . risible far the acts and ornission►s of its directors, ocrs, employees, agents, and . solely respo rs, A FAIR shall not be nsidered a partner ar joint vent~u~er with ITS, nor shall ubcontracto nsidered nor in an manner bald itself out a, an agent or official representative of AYR FAIR be co y ~ ~ ~ - c~n. AIR PAYR AREAS ~ IND ,HOLD ~ Indemni ~ PT O~~, AGN~~ AND VIPLY FROM ANA AAT DEAD AND ALL ~R U~' P[lR IN DAMAGE, LOSS, OR LI~B1LTl~Y ~ O OF ~V~A'~'ER ~ OR ~EI1, ARI~iO. U1]'1` O~ OR I~ O PERFOIt~NE ~Y AIR ~`AAIR 'I'~GE FRYIE O ~ INCLUDIl~G ALL SUCH f GR AUSF~ OF A(.'I'ION B~ T~ A , N ~A~.1~I0~ N ANAL OR S~`A~ORY LAS, ~R BASED, Il~ BASED # ~ . R IN PA~tT ALLEGATIONS NEL~OENT OR DNAL ~HLB O ~ ~ F TI'S OI+T'I~it~, A~'f ~ ~B~ON'~~A~I~, ACTS OF AID, ~NSE ANA . ~e1]t~II Air Fair ~lG - ~ , 1 } - Y f - 1 5,4 end AIR FAIR shall nat astgn this Agreement v~ithout ~ obtaii~ixzg the written can~sent of CITY. ,5 Nvtlce. An natxce required to be given under this A`reen~ent or arty statute, ordi.nar~ce, ar • • ~ + • • * r re anon shall be effective when given >n wr~t~ng ar~d deposited ~ the Ignited States naa~l, cert~~ied mail ~ recei t requested, ar by mod-delivery, addressed to the spec~ve ~ar~ies as fa~low~~ ~ ~ CITY AIR FAIR City Manager Amanda Addingtan City ~f Denton Denton Air Fair, Inc ~ ~ ~ Cite ~ ante~Ita Rd ~entOn, ~ ~ ~ ~ei~ton, T~x~S ~.G Inur+e~cnt~ This Agreement at~d each provision hereof, and each and every right, duty . . and li,abiii set forth herein shall be binc~ng upon and inure to the benefit and obligation abligaan, ty of CITY and A.IR FAIR and their respective successors and assYgns. .7 'ion L~r~►s. Ali terms, conditions, a provisions of this ,Agreement are subject 1 to ah Iicable federal laves, state laws, the Charter of CITY of Denton all ardlnan~s passed p pursuant thereto, and all judicial de#~~ation relative thereto. . 5.S ~e end This Agreement contains the entire und~dXng and constitutes • * F ■ the entire agreement between the Mies hereto can~g the sllb~ ect matter caiained herein. na tatrons eats arran einen, or understandings, oral ar written, egress . There ai'e r~prese~l , ~~1 ~ or ' lied, between or among the pages hereto, relating to the subject nutter of this Agrement, which air not fuh a ressed herein. The terms and cand~tlon of this Agreement shall prevail, Y ~P , ~ , natv~thtandin an variance in this Agreement from the ~ term, and conditions of any other • i ~ ; do~rner~t relating to tins transan ~r these trax~ac~o~as. ~cste This A Bement is executed in duplicate origiiaals. .~a lea The head%ngs and subheadings of the various secctions and paragraphs of this A ent are inserted merely for the purpose of canv'enience and da not express ar iinply any ~ lirnitatio deftion, ur extension of the spec terms of the section and paragraph so desisted. sentence, clause, phrase or word in this x.11 cver~b~ty. If any sec~on, subsection, pai~arapb, . € . A ent, or licatian thereof to any person or circumstance is bell invalid by any court of ~ P Cana tent 'urisdiction, such holding shall not affect the validity of the remaining portions of this Ae J . A ment, and the 'es hereby declare they would have e~ such remaining portions despite any such invalidity, 5 . I ~ Insurance. AIR FAIR shall, at a ~inirnu providence as follows: , 1, a(}a,~a0 Commercial general Liability, or $~,a~a,~~a went Insurance, covering events taking place on City~wned property, Dcnto~ Air Fair, Inc PY2009 _ Page ~ 1 ' - i tcl~Utar~ ~r~~r'' ~~,~eI15a~10~ and ~~ayeT' L~abl~lty ~ Oa,~~~l$5,~0~1~ ~ ~R n ~ecupa~o~ Accident ~nsuranee prog~arn if ppraved by the City's Risk Manager, and 3. $5~~~~0~ ~iquorl~ shop ~iabi~ity fir any event oceUrr~ Qn City-awned pra~erty where a~coh~l Yll be ~rov~ded or seed; CITY must be named a an additional insured an alb po~i~ies ~e~cept workers' C~~ensti~n} and proof of coverage shall be submitted prier any pay~nt by CITY. CAD this day of Oa~• THE ~ ~F D~T~~, TEA 4 ~r. - ~ f , w ~~~LI~ 11.L.f 1 ~1\.l~l~ I Y F y i 1 ~yr ` ~ ~r ~~J ~ r r I I~ i t r ~ ~ or k 4 f , • r 1 ~ } • r + lY 1 I]e~ton Air ~~]t', ~nG ~Y2 - gage ~ . I a - - i a Exhibit A Denton ~~r Fair, ins. ~~nt~r~ Air Fair h contract Applicant . PY~~Q9 Budget ~ ADIlERTIIN ~ . ,Ogg Radio Ne~rsp~per 4rOg~ Magazine ~ 1,5~~ Printing and Postage 5D0 4 F 11,~Og i dotal Request ~ i I M ' I I i ~ ~ 4 I M I Y i AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: Finance ACM. Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Black Chamber of Commerce for the payment and use of hotel tax revenue; and providing an effective date. ($18,000 -Hotel Occupancy Tax Committee recommends approval 2-0) BACKGROUND This agency is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for aone-year term beginning January 1, 2009 through midnight December 31, 2009. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW The Hotel Occupancy Tax Committee reviewed all budget applications and recommended allocations to the City Council during the Work Session on August 7, 2008. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $18,000 for FY 2008-2009 and has been included in the Annual Program of Services. EXHIBITS Ordinance Contract Respectfully submitted: Bryan Langley Director of Finance s;lour documer~sl~rdinat~cesl~$lhot ~undslbtack chamber ordi~ance.~~c ~DINANCE N~. AN ORDINANCE AUT~~RI~INC~ THE CITY ANA~E. TO EXECUTE AN AGREEMENT EET~EN THE CITY ~F DENTIN AND THE DENTIN BLACK C~IAl1~BER GF NIERCE FGI~ THE PAYMENT AND SSE ~F HDTEL TAB ~EVEN~UE; AND P~VIDIN AN EFFECTIVE DATE. THE CGUNCIL THE CITY ~F DENTDN HEREBY GRDAINS: SECT~~N ~ . The ~ Cana er, yr his designee, i hereby a~tharized to execute an agreement betv~een the City of Denton and the Denton Elac~ Chamber of Commerce for the aynYent and use of hotel tax re~renue, under the terms and cDndition contained in the agreement, a copy of v~hich is attached hereto and ade a part hereof. SECTION Th1s ordnance shall beeon~e effect~~e lnraed~ate~y upon its passage and apprV ~#hi r PASSED AND AFP~G~ED this the day of , 1VIARI~ BURRGUHS,IVIAYGR ATTEST. JENNIFER SALTERS, CITY EC~ET.AIY BY: APPRD~ED AS TG LEGAL FGRM: JDI~N 1►J.r ~NIC~HT, TTDRNEY BY: w ~ I ~ i t t f''''~[~ ~~~Il11 R TgE PAYMENT AID ~J ~F TAX ~N~E M THIS A~EENT made between the pity of I]enton, Texas, a munici a1 co radon the "IT`~"~, and the Denton llacl~ chamber of ammerce,T legal enti existin under the laws tY ~ of a State of Texas the "~HAN1B~"}: T~~i T ~o~ ~1.~0~ authorises ~IT3~ to levy by ordinate a muniei . ~ P~ hotel occupancy ~ ~ `hotel tax's not excng seven percent ~7~/0~ ofthe consideration id b hotel occ t• ~ y . ounce, ~TI'Y has provided for the ass~e~t and collection of a naunipal hotel occupancy tax in the pity of Den#on of seven punt ;and . Tex. Tex ~ ,1 ~ l ~a~ authorises ~ to use revenue from its nau~cipal hotel occuncy tax to prorate tourism and the conven~an and h ~ ote Industry by advising a~ad candung solicitations and promotional pror~;ms to at~act taurlsts and convention delegates ar registrants to the municipality or its vicinity; and , ~HA~ is well equipped to perform thane avities; and wI~RI~AS, Tom. Tex C~~~ ~ 1, l 4l ~c} authorizes YTY' to delegate b contract with ~,~i►i.i.J~ * r ~ i ~ as an independent entity, the naanagen~t and s~rv~io~ of prararns and ac~tivi~es vfthe type described hereinabove funded with revenue fi~n~ the municipal hotel occu c tax• . ~1D~, TH~R~FDRF~, ~ cansid~raation of the perfanince of the tnt~tual covenant and promises containedherein, rTY and ~F1R agree and contract as follows; . L HOTEL TAX + PA 1.~ O~n~der~fiiion. Far and in consi~.eratian of the activitses to be armed b CHAIVf~~ ~ Y under this Agreemen#, CITY agrees to pay to I-IAF~I~ ~a porgon of the hotel tax re~renue co ectcd by CTFY at the rates and ~ the r~a~ner specified herein {such payments b CITE to H~IV~E sorrtetunes herein referred #o as the "agreed payments" or "hotel tax funds"~. i C 1. Amount nfP~~#a. . ~a} As used ~ this Agreement the follow~.n te~is shall have the foll~win nc~ . g~ rnearangs; fix} The term "hotel tax revenue" shall mean the grass mottles collected and rived by CITY as municipal hotel occupancy tax at the rate of seven ercent 7~Io of . ~ P ~ } the pace paid for a groom in a hotel, pursuant to Texas Tax bode 3 1.4D~ and i . ty ~rdtnance, Hotel tax revenue will Include penalty and interest rela#ed to a late . paymts ofthe tax revenue by the taxpayer. Slack ~apaber HST Fw~d~ng AY~049 ~ Page I i - f~, I i r i r f ' f 4 I A . ~u~ The :term "Collection period" will nae~an the collection period far ITY's final year. It wi11 include hotel revenue due to CITY far the levant fiscal ear and collected thro ~ ' ~ ugh the 2nd day ofthc month fnllow~ng the close ol'the relevant fiscal. year. ~~ii} The term "base payment autaunt" shad mean a net amount of mane ual Y ~l to the total hotel tax revenue collected by CfTY during any mlevant 'od of tie r.e. ~ ~ . feral year or fiscal quarter}, less: ~ 1 } attorney and 'auditing casts incurred such . ■ ■ dui`ln~ relevant period of tnne far costs of collection or audrt~ng of hotel `yrrers, am and R . i ~Y auchtm costs include fees paid to attorneys ar agents not irY the em to of CrTY for . which attorneys ar agent e~`ect compliance or callec~on of the hotel frv~a tai a ers 1? y and ~2~ court casts and other expenses incur~d In ~i~.atxon agar or auditin ~ of such ~Y ~ ~ i {iv} 'The term "contract quartet'' Mall refer to any quarter of the calendar ear which this ~ ent ~ ~ ~ Y ~ s m force, Contract queers will end on ll~arch 1 , dune ~ , epmber 3 4 , and December l ~ of each contract year. fib} In return for satisfactory performance of the activities set fob in this A ent . ~ and all attachen#s hereto, CITY shad .Pay to FABER an amount of move ~ each contract y year equal to the lesser amount of one and Twenty bight Dne ~und,r►edths ant l ,B~Io of the ~ ~ } annual base payment amount or the fixed contra amount of Eighteen Thousand Dollar ~18,~00}. 'This amount will be divided Into quarterly payments ual to 2°I~ of the annual fiixed contract amount, unless f I'Y can show ltd reasonable certainty fat the annual base a ent amount will be less P Ym ~ orrguaally estimated far the fiscal year. The fourth quarterly ent will resent ~ ° . rep ~ I~ of the fiixed contract amount or the unpaid rerna~nder of l .~S°~o of the base payment a~naunt, whichever is less, Mach quarterly Payment is subject to revel t of unused Bads . ~ 1a from the Prior contact period and the receipt of the required quarterl re orts. y P 1.3 ~ D of ~aya~f~. ~ ~ , r ~a~ 'I'he teram "qua~erly payments" shall mean payments by CITY to CHAMBER of dose amain specified ~ ~l .2, above, as determined by the hated tai revenue collected. q Y payment shall ~ be pa~,d upon rcce~pt of the re Lured re its and after the ~ ~ ~ Fo ~ day, follong the last day of the contract quarter. If the quarterly financial rt is not received wrtf un tla~ly ~3 Q} days of the a of the applicable contract quarter, the rem lent m bce held u~ breech p Y of this Agreement, CITY nay wYthhold the quarterly Payment{s} until the appnapriate reports are received and approved, which approval shah not be unrenahl withheld, ~..4 (ter lir~o~ ~~derai~an, ~ r ~a} The funding ~f this 'ect in na wa cons YTY J ~ y , ~ future fundrng oI' s program► beyond the current contract period. Any fixture funng rs solel the re nsibili of Cl-IABE ~ ~ Y R. ~ It is expressly understood that this contract in no way obli s the Fund or • any other mon~eS ox its ofClT4~, BYack Chatnb~ ~IQT Fund PY2049 = Fa~~ ~ - - ~ i ~ I 1 I ~ QTY may ~hald fi,~rther ailocaations ~f TTY de#ernes that ~AN~E's edits deviate at~erially from heir approved budget. 4 f .1 ~ of Far and ~ consideration of the a ~ ent ~ ~TT~' to CH~~ ~ y~ Y ~ of the aged payments of hatel t funds specified above, CHAIV~~R to use such hatel tax fun ~ ds only far adves~ng and canduet~n sol~citans and prarnot~onal ro to attet tourists ~ ~ and conven~on delegates or ruts to the municipality or its ; vic' ' ; as authorised b TEx. TAB ~ ~ 3 51, ~ a 1 ~a}. ~~a~nds far any calendar ~e~r v~hich a u. b r~.iEC~ni hem ~ . ~ ~ ber ~ ~ of that year shall be refunded to TTY thin sixty {G4}days. } ~ as. The hotel tax funds received~frn ~iTY b fIA1VIBER • ~ Y y be spent for day to--day aperati~~s, once supplies, salaries, travel expen.~~~, aid aver ~t~tive casks allowed by TES. TAB DE 3 ~ ~ .141 but only each are dixectl attributable to v~ork on which r ~ y . p~ omote tour~~n and the hotel and ~anven~an industry, and ~f each prarnotes at feast one ofthe six sta~~ory p~p4~ enumerated within TE.rTA C~l~ 351.141 a ~ 3~ ~.3 die ' ' ~ U of ~nda. ~a} That portion of total adrninistra~ive costs of HAl~E ' R. far Bch hazel funds nay be used shall nvt exceed that pd~ion of ~ANtBER's admir~istrti~ve costs sretuall, incurre " • r . ~ ~ ~ - c: andung the ac~tles pect~ed ~n , ~ abave, ~ . fib} hotel ~ fiords may not be spent far travel for a persar~ to atkend an event or conduct an acctivxty the primary purpose of which is not da~ectly related to the ro~notian of local tauris~n and th p e conven~on and hotel industry or the performance of tl~e person's jab in an ecrent and professional manner. ,4 I~ RE~IIPI~ Ai~D ~FOR'~IN I~ ~ ~a} 1~ER shall prepare and submit to the City IV~anaer of ITS an annual bud et • i { see Exhibit "A„~ as approved by the pity ounc~l for each calendar ear, for such o rations of HAII~$ y Pe ~R funded by hotel revenues. This budget hall spe~ificall identi y fY l exptures of hotel tax funds by ~AI~B~~, other words, l'TY should be able to audit s~cally the purpose of each individual expenditure of hotel'tax funds from tl~e a account rely ' ~ ~ t to hotel tax finds. ~1TY' shall not pay to FABER any hotel tax revenues as set forth in Section l of tips contract d~ any proms year of this Agreement u~iless a b et for suc udg h ~~ve ~ year has ~ approved in~ writing by the I]enton pity council, authori~in the 'tare of funds. Failure to s e~ ubm~t an annual budget rnay~ be considered a breach of can and if not rem edied 1s con~demd grounds far termination of this Agernent as stated in h 4.Z, ~ pip t ~ C~FR aclmo~vledges that the approval of such bud et b the Benton • g Y rty aunci~ creates a fiduary duty m I~~ER re ct to the hotel tax funds aid 1 • ~ i ~ HANf~~R under this Agreement, I~~1 shall nd ~hate~ tax funds onl ~ ~ ~ m the manner Black Chat~b~r ~und~g PY2~49 -:Pale 3 i , t' i 4 and for the purposes sped fled ~l #h].s Agreerr~ent, Tex, TAB Co~~ ~ ~ , ~ ~ 1 a and In the . . . ~ ~ budget as moved by CITY. ~ ~ A~cou~#~. CHAII~BER sha11 maintain an Motet tax funds ' Y , paid to C~~R by CITY ~n a separate mount, or nth segregated fund accountu~ such that an . g~ reasonable person can astern the revenue source of any given experture. i i i ~ 3, a~tc ord.. CHAMB~It shall main corn ~ lete and curate ' . P fYnanc~at records of each expend~tu of ~e hotel tax fits made by CHAR. These funds shall be cl i~ restxicted ~ as5 ed as funds for auciitted dal purposes, and may riot be used for contracted ' incl ~ ~ uding, but not ` 'ted to, auditing fees and attorney feed. U n r~onabie ' . advance written q~ of the De~aton City Cout~c~l, the City Manager or deli a ar ~ other ~ ~ a Y person, I~Ai1~B~R shad make such inancia~ recos available for ` ~on and review . ~ by the party ~g ~e ruest. CHAMBER understands and is that such financial reco . ~ rd and any other records to is Agreement ~ be subject to the' public Information A . . ~ ct, Gov 't . oD~, ch. 55~,-as hereafter amended. . .4 p~r#~. After initial receipt of hotel finds, d within da s after the • ~ end of ev~y quarter th~er, un#~ ~.1 funds have been ex ded and reported ~ CfIANiBE Shah, fllrn~5h ~ ~ ~ ~ a completed ~C1al ~ ~ list ~f the ~ ~ ~ ~ pend~t or Cope o~ ~ ]nvo~C~5 or ~lpt5 n'~ad~ wltl] regard to hotel fund ursuant to TAx 351 ~ p C~~~ , .10 ~ ~c}, and ~ {3 } a copy of all financial recos (e, front and back co ies of ci g p ~ checks or lank statements, and other relevant documentation}. both the financial and diture . ~ reports will in a form ether determined or approved by the City Ilrlan~ger or deli . CHASER sh~l respond promptly to any revue the City 1Vlanager of CITY, or deli for additi `ormat~on nelat~g to the aetl~~es perf'or~ned under this ent. ~m, . ~ talo#ice of 31~gs, CI~AM~ER shalt dive the Ci er of . tY , ~ 'TY, or his designate, reasonable advance written nonce of the thne and place of all ~nee~rigs of CHA~R's Board of Directors, as well as any other m~ of ar~y constituen of CHAMBE at . cY which this Agreement or any matter ect t~ the Agreement shall be considered. ~ . ~ . iv, ~I'1~ AND T~~VA'~'IN 1 Tenn. The term of ~ Agreement shall commence on Jan 1 209 and ' . ~ a ate at mYdnight on January 3 i, ~oIO. fIowever, the prog~ period ill commence on Jan . nary ~4~9 and tertnirte at dtught on r3ecernber 29. only those " ditures authored b y Chapter i 351 of the Texas Tax Code and the p~~ gu~idel~ines, which are actuatl inc ' . y erred d~ the pragrara~ period, for events and activities tal~ng place wither e o .are ell 'ble far funding under this agreement, and any inel~g~hle expenditrirces or un t funds shall be ' r ~ forfeited to . CITE n rnunatron of the Agreement. ~ ~"e " ~ ~~~n# Manse. ~a} This Agreement ma be b either Y y wig or without cause by ~vmg the other party sixty days advance wra.tten notice. t Huck Sher H~~' Funding PY~o~9 e ~ { } - I • ' • ~ 5 .1 i non-#erm,t~ pasty, and the ~atin~ p~ ~~ly ~eiieves t Such activities or ahibited ~ pr under t11~s Agreement. 4 , ~ the fat this Agreement is~ter.~ uruaiit to 4,3 or ~.4 - ~ AMBER agrees to refund any and all unused funds, or funds determined b CIS to have been used . within 3 ~ ~ Y r impllY~ days aver termina~vn ofthis Ament, ER~vLSI~~S 5.l aboontract for Ferformi~n of Sew, l~lo ` in thi s A meet shall ' ' - . , ~ gree proh~bit~ nor be canstnred to prah~bit, the agreement by HAMB~R with another rivate n . ~ P e ~tYs person, or arganixation far the performance #hose services described ~ . ~ above. In the ev - ~ eat that CHAMBER enters into any arrangement, contractual or other rise with such other entai o ~o C ~ ty, person or r~aa n, HAIVI~BER shah cause such othex enfity, person, or o 'Lion to adhere conform to and . , , , ~ t°' be subject ~a all provisions, terms, and condi~ons of s~A ent and ~ ~ ~'Ax Co~~ ch, 35 ~ncludin repor~ng requirements, se to finds main ` . , . . , P tenance, and lta~o~s anal prahibr~ons to eperiditure 4f the armed ei~ts and hotel #ax funds. ~nd~~t a~tractar. CHAMBER slI.l o to as an ind er~dent contract ~ ep or a to all services to be performed under this Agreement and not as an of~ir, ent servan or ~ to CrT~. ~ ~ ~ Yee of ~iAMBBR ~ have exclusive control of its options and ~`ormance of services hereunder d such ' ` ~ ' persons, enttreS, ar orarnzat~ons perfang the same and CHAMBER Shall he solely responsi~~e for the acts and omissions of Its direct~a oc em I ~ p rg~~~ # 3 ~ agents, ~#,L~d subcontractors, ~~fiAB~RR sh11 not be coridered a partner or ' opt venturer with CITE C J , nor sha11 HAMBE be considered nor any mat~,er hold itself out a~ an a ent or official ' presenta~tlve of ITS. Indemnc~, ER AREE~ TG H[lL~ ACID D ~ ES, E~~ STS GF~ICER,S~ AGENTS, A1~D E~L~YE~ FRN~ AND AGAINST ANA' ANI~ A ~R SUITS FGR I~ DAl1~A, - GE, , GR w~ATEVER ~ GR CTER~ ARISI~ GUI' ~ ~ w1T.~ TAE ~ERRl1~A1~E ER OF T~ GE SERVE ~NTEPLATED ~Y 'I'mo AG , INUDIlI~G AIL UGTf GR GF A~TI~ EASED USN G~VIlVI~1~, GNSTIT[]T~~~lAL ~R TA T[1T(IRY . I~A~V, BASED, IN w~GI,E ~ PART, UPGN AI~~EI~ATIGI~S OF NE~I~" ~ GOAL TAI'S GOERS E~IPL(] ■+y/yf■/{/~■'■ 11~~'er~■■■y~ ~ SEE, AGENTS, ~ ei~~ HOER shall not assign this A ment without . . first ob~ng the v~mt consent of S.5 ~ofilee. Any notice u~red to be 'ven under ~ this A~reernent ur y statute, ordinance, 4r - regula~vn, shall be effeve when liven writing and deposits ~n ~ Uteri Mates rn~ail coed mil, ~ receipt requested, or by hand~.elive# addressed to the rs rive 'es • pec ~ as fv~lows. 1 ' ~ . Black fiber HOT Funding PY~O~~ •~Pae ~ A , r ~ 1 s ~ ` , Ii +`1 f` I _ C~A~Lfi l i City tanager Benton Black Chamber of Co mrnerce City vfDentan John Baines IV~cinneY P.~. Box 10Z~ Benton, T 7~~4~ Denton, Teas ~~2~ s .b I~arent~ 'l~.is Agfeernent and each rovision he~eaf anal eac • . , . ~ ~ and every right, duty vbl~ga~~vn~ a~,d hah~~ set forth herein shall be bindin u n and inure to th . . ~ . Aa a bene~rt and ablrga~on . of CITE and CHAII~R and tberr respective successors and ssi • ~ ApP~Ca~lon Lam. All ter~r~, conditions, and visions of thi • to ail , s ~gmement are subject apph.le federal Laws, ~ laws, the Charter of e ~ of ]]ento all ordi.n . . , ~ ~ pursuatlt thereto, and all ~ud~c~al deter~itions relative thereto. - ~ . dv~ n~ This Ag~eemen# canes e ~ entire undo . ~ rstand~ng at~d co~tutes e entire dement between the parties hereto cancernix~g a sub'ect matter eor~tairied here' ~ Theme are no repr~enons, ~meny anngements, or u~nderstandin ~ . or ' , oral or written, express nnpl~ed, between or among the parties hereto, relatin i to the sub'ect matter of ' ~ ~ this Agreeme, which are not fury expressed herein. The terms and condi~ons of this A . r~o greement shall pnevat~ tw~th~tand~ng any variance m this Agreement hro~n the turns and condi~ ors of any other urnent rela~ng to this transacon ar ~ ~ansa~ctxons. ~ - 5,9 Ih~ l~ • ~ This Agreement is executed in duplicate originals: S The headings and subhead~in5 of the var'xous see~ons ' . and pagraphs of t~ Agreement are xted merely for the purpose of convenience and da not e~ - . . press or nnply any won, detinn, or e~tenston of the pecif c terms of the section and h ` p~ designated. X11 e~~~#y. If~any seetlon, subsectio ~ • ~ p~rapb, sentence, clause, phrase or ward ~ this Agre~nent, or apphcat~on thereof to any person or c~rcumstat~ce is hetd inid . by any court of compe#ent ~unsd~cnan, such holding shall not affect the validiF of the re~auun rtior~s . g por of this - Agreement, and the pares h,by d.ecla they woad have enacted such nu ' ` , an such ' ' ' pora~-desPtte Y ~nvahd~ty, ,1~ I~u.ce. C~A1VB3~ shall, at a min. wide ~a~n . P ce as follows. $~~a,00~ Cvrnrnercial General Liabili , or t X04 ~~4 Bvent ' insurance, covering all events ~g place an C~ty~wned property, ~ ~tatutary workers' Carnpensation sand Ern to ers' , . p y L~abihty . ~ ~,D~o1SQ~,4o01 I ~},and . ~ $~~4,OOO LiquarlDr~ chap ~iabi~ity for an k gent acc ~ o . y ~ n qty-owned property where aicahaZ will be pro~.ded or served, Cif must be rimed as au addi~ana~ insured on all licies exce t . . ~ ~ r p orl~ers {;arnper~on~, and proof of coverage shall be subm~~ed prior ~ any a ent b the CYTY, p y ~ - 1 Mack Cha~ber ~~T ~'~din~ p~~~9 -Page 7 F ~ F ,t r ~ 4 v ~ i * w N ~UT'D #hts ~ dad 0f ~$1 T CT~`~ 0~ DE~T~~, 'T~~A C~~~E ~APB~LL, ATI`E~': APR ~ L~AL FARM; Y• ~ CITY' ECR~TAR~ Il~~'ER ~ A'~'~RN Y D1T`~N ~ LACK I-~Al1B~1 ~F ~ B~ ~ ~ ` for ASST: A~ D A T'~ LE~A.L F~ ~i 4 r ~ F ■ t ~ - `1 ~ I7 • 1 I~ I I~ I ` 1` I r I i Black C~amb~r F~indt~g AY~~09 -rP e $ _ ` ~ i I 1 ' Exhibit A ~~nton Black chamber of r~mrce Den#on Blcres ~e~ contract Applicant ~ f PY~~O Budget i h 1 ADllERTIiN BroohureIPrinting 1 D,~OQ Rad~a ~ I~e~rspaper ~ . ~ ~ ~ 4 x,000 . ~ fi,O~D ` i f ART ~ Artlt ~ ~,~~a i Total Request ~ B,ODa a a AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Chamber of Commerce (Convention and Visitor Bureau) for the payment and use of hotel tax revenue; and providing an effective date. ($706,510 -Hotel Occupancy Tax Committee recommends approval 2-0) BACKGROUND This agency is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for aone-year term beginning January 1, 2009 through midnight December 31, 2009. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW The Hotel Occupancy Tax Committee reviewed all budget applications and recommended allocations to the City Council during the Work Session on August 7, 2008. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $706,510 for FY 2008-2009 and has been included in the Annual Program of Services. EXHIBITS Ordinance Contract Respectfully submitted: Bryan Langley Director of Finance s:lour da~umesl~rdinances1~81hot ~u~dslchamber ordir~ance,doc DRDINAN~E N~. AN ~RDINANE AI~TH~RI~IN TIDE CITY 1VIANA~ER T EXECUTE AN~ AGREEMENT ~ET~EN THE CITY DF DENTIN AND THE DENTDN CHAMBER ~F ~~RE ~~NENTI~N AND ~ISIT~R BUREAU} FAR TFIE PAYF~NT AND IJSE ~F HGTEL TAB REVENUE; AND PR~~DIN~ AN EFFETI~E DATE. THE ~~C1N~L ~F TIE QTY ~F DENTIN HERESY ORDAINS: ~TIDN ~ . The qty IVlanager, or his designee, is hereby authorized to e~eeute an agreement heteen the City of Denton and the Denton Chamber of Cam~nerce ~onventYan and ~isitar Bureau} for the payment and use of hotel tai revenue, under the terms and eanditrons contained in the agreen~e~t, a cagy of which is attached hereto and made a dart hereof, SE~T7~N Th1s ordnance shall became e~fectlve immediately upon 1t passage and agpro~a~, PASSED AND APPR~~ED this the day of , ~~aS. MARK A. BIJRR~~JHS, N~AYGR ATTEST; JENNIFER ALTER, CITY SECRETARY BY: APPROVED AS T~ LEGAL FR: JOHN N~. KN~I~T INTERIM QTY ATTORNEY _ _ _ i ~ ~ ~r a i ~ * ~ . i ~ V . • _ I i F Y ~~++ii~~ ~ii~i 1 i ~ar/q i ~ ~.i ' i! ~ ~+rTi R ~ Y i \ ~i~ TI ,~REENT made het~een the City of ~e~t~n, ~`e~~s~ a ~nucipa~ corpoti~n {the "CITY"}, and the Denton Chamber of Commerce {Convention visitor Bureau}, a non~prot corporation incorpotted under a Ia~vs of the State of Texas {the "BURBAU"}: AREA, Tex Co~~ ~ S 1.0~~ authorizes CITY to levy by ordinance a municipal ' hotel occupancy tax {"hotel not exceeding seven percent {7°Io} of the consideration paid by a hotel occupant; and BIAS, by ordinance, CITY has provided for' the assessment and collection of a ~ ~ munrcip. hotel occupancy tax m the Crty of Denton of seven percent ~o}; and ~R~A, Tex. T ~ l . l ~ 1 {a} authorises CITY to use revenue from its mri.pa1 hotel ocu~cy tax to pro~rnate touzi.sm and a cenven~on and hotel industry hy. adver~isin and conducting svlici#ations and promotional. programs to at~act tourists and con~rention delegates of reg~stxar~ts to the mun~c~pai~ty or lts vlcunty; and ' ' ~ ~ AS, BEAU 1s well equipped to perfoi those activi~es through its Benton onven~an and Visitor's Bureau; and + AREAS, Tom. Tex Co~~ ~3 5 I.1 ~ i {c} authorise CITY tv delegate by contract v~ith B~REA~', a an .dependent entity, ~.ie management and upecrvision of progns and ac~ivitres of the type described hereinabove funded nth revenue from the Municipal hotel occupancy N~, TH~REFDRE, ~ consideration of the performance of the mutual vents a~ad pron~ses contained herein, CYTY and BEAU agree and contract as follows: I. H~'L TAx RE~E~ PAY~NT 1.1 o~~der~rtiou. For and in consideration of a activities to be perfor~aed by BUREAU under this A~greernent, CITY agrees pay tv BC~AU a potion of the hotel tax revenue 1lected by CITY at the rates and ~ the manner specified herein {such payn~en#s by ~I'I~ to B~ sometxes herein referred to as the "agreed payments" or "hotel tax funds"}, . 1.~ A~oun~ of P~y'~ent~. ~ a As used i~ this A went, the follaing terms shall have the following specific ~ meanings: {z} The tertr~ "hotel tax revenge" shall r~iear~ the bass monies collected and received by CITY as municipal hotel occupancy taxi at the rate of seven percent {7°~~} of , the pricy paid for a roam xn a hotel, pursuant ~a '~exas Tax Code §351.ooZ and City ordinance. hotel ~ revenue will include penalty and interest related to the late payments of the ~ revenue by the taxpayer. CVO PY2409 HST' Fund trait Page t a ■ I ~ ~ ~ •r i I t ~i,i} The tez "olleon period" will mean the collection period far CITY' ~ fiscal Yep'. It wzll include hotel revenue due to TTY for the relevant fiscal year and collected through the end day ofthe month following the close of the relevant 1~isc~l year. viii} 'The term "base payment amount" shall mean a net amount of money equal to the to#al hotel tax revenue collected by CITY during any relevant pe~od of thne fiscal year or fiscal ~u~.ter}, less: ~l} attorney and "~ut~n cosh ine~rred during ~uela relevant period of time for costs of collection ar auditing of hotel taxpayers ~attarney and auditing costs include fees paid to attorneys ar agents riot in the regular employ of CYTY for which attorneys or agents effect compliance ar collection of the hotel ~ from taxpayers}; _ and court costs and other expenses incurred in litrga~an aga~t or auditing of such taxpayers. Div} The terns "contract quartet' shall re~'er to any quarter of the calendar year in which this ~ ment is in force, Contest quarters wih end on March 3l~`, rune epternber 30 , and December 31 of each canfraet year, a fib} In return for satisfactory performance of the activities set forth in this A cement and all attachments hereto, QTY shall pay to B~~AU an amount of money in each contract year equal to the lesser amount of Fx~y and seventeen one Hundredths percent {~~.17°~~} of the annual base payment amount ar the fixed contract amount of Seven Hundred Six Thousand Five Hundred Ten Dollars ~7~,510}. This arnaunt will be divided into quarterly payments equal tv ~~°Io of the annual fixed contract amount, unless CFI's can show with reasonable eertty that the annual base payment amount will be less than originally estimated fox the fiscal year The fourth quarterly payment will represent ~5°Io of the fixed contrast amount or the unpaid remainder of 5.17°Ia of the base payment amount, whichever is less. each quarterly payment is subject to receipt of unused funds from the prior can~,ract period and the receipt of e required quarterly reports, 1. Dates of ~e~t~. 4 a The term " uarterl a cots" shall mean a ants b CITY to BUI~EAtI of those _ ~ } q Y p Ym 1? Ym y amounts specified in X1.2, above, as determined by the hotel tai revenue collected, f i each quarterly payment shall be paid upon receipt'of the required reports and aver the day fallowing the last day of the contract ~ quarter. If the quar~rly fu~aneial report is not received within thiri~ ~~0} days of the end of the applicable contract quarter, the recipient nay be held in breach of this Agreement. CITY may withhold ;the quarterly payment( ian~l the appropriate reports are received and approved, which approval shall not be unreasonably withheld, 1.4 [?her tl ~o~l~era~ion~. l ~a} ~ The funding of this project in na gray conts C~Y to future finding of this program beyond the current contract period. Any future funding is solely the responsibility ofBUAI~. CvB P~~~09 ~~T Fund Contract -Page 2 ~ a t. i , It rs ex ssl understood tl~aat this contrast in na a nblr ates a General F` r p Y y and o any other monies or credits of ITS. ~ ~c~ l may withhold further allocations ~ ITS detenes that BUR~AU's expenditures deviate materially Pram their approved budget. - I~ U~ ~F H~T~L TAB ~E~~ ~.1 Use of . Far and in cor~sideratxon of the payment by to ~UAI~ of the agreed payments of hotel #ax ids specified above, BURE~~] agrees to use such hotel tax funds only for adve.ing and conducting solicitations and promotional pragran~s to attract tourists and canventian delegates or registrant to the municipality or its vicinity ! as authorised by T~ o~~ ~ ~ 5 l . l ~ ~ ~a}. fund far y calendar year which are unused by tdniht I~ecernb~r ~ I ~ of that yeax shall be refunded to rT~ within sixty ~GO~ days. ~,2 dn~itrativv~ ~os~. The hotel tax funds received from CITY by B~AIJ nay be spent far dayito~ay opera~ons, once supplies, salaries, travel expenses and other administrative costs ' allowed by "1 Tex Co~~ 3 ~ I ,1 ~ 1(, but Drily if each are dixectly attributable to v~rork an programs, which prnrnate tourism and the hotel and convention indust~r, and if each promotes at least one of the six statutory purposes enumerated within T`~x. T ~3 x .1 a t ~a}. ~.3 Spec factions an U of ~d~. ~a Bi.JEAU agrees to demonstra#e strict compliance with the retard keeping and appartianrnent lirriita~ar~ impaled by 1. T C~~~ ~;l .1 al and §51.1 ~8 ~c} and ~d. B~A,IJ shall riot ~e hotel tax funds far any expenditi~e which has riot been specil~cai]y documented to satisfy the purposes set forth in X2.1 and above. hotel ~ funds may not be spent for travel for ~ person to attend an event yr conduct a,n ac~vity the ~rin~ary' purpose of which i not directly related the praotian ~f local tourism and the convention and hotel industry or the perforrn~ance of tl~e person's job in an efficient aad professional m,armer. f III. 1~E~RDI~PIN ANA REFt~~'I`IlI[~ ~E - ,1 Bu~gct. ~ ~ - i shall prepare al~d subiuit tD ~e 1 ex of ~ aC1 annual bud ~t see 1~xhibit "A."} as approved by the pity Council for each calendar year, far such operations of >~URI~A.[J funded by hotel tax revenue. This budget shall specifically identify proposed expendit~ue of hotel tax funds by ~~A[~ ~ In other words, CITE should be able to ~ audit speci~eally the purpose of each individual expenditure of hotel tax funds from the separate account relating to hotel tax funds, CITE shall riot pay to BU1A~J any hotel revenues a set Earth ec~on I of this contract during any program year of this agreement unless a budget for such respec~ve pmt year has been approved in writing by the Stan pity ~aunci~, authori~~n the . ~ g expenditure of funds. Failure to subn~t an annuar budget naay be considered a breach of contract, and if riot remedied is eo~idered grounds for ternriination Qf this A,reen~ent as stated in paragraph Cv~ F~2~49 H0~' Fund contract ~-Page 4 1 rrlil~9ill~l I i- r.~~ B[TREAU al~nowledg that ~e proval of such budget by the ~onton City Council creates a ~du~iary duty in BUREAU with respect ~ tho hotel tax funds paid ~ C~T~ to BUREA[J under this Agreemen#. BU1AU shall expend hotel tax funds only in the manner and for the purposes specified in this Agreement, Tex, TAB Ca~~ ~ ~ ~ I ~a}} and i~ tie budget a approved by ITS. ~ Se arr~te Acco~t~, I~UREAU shad an ~ ~ . p ma~nta1n y hote tax funds paid to BUREAU by 1TY a sepaxnte checlang account or with segregated fund accounting, such that any reasonable person can review the revenue source of any given expenditure. .3 anci~l ~eoords. BURI~ACT shall maintain complete and accurate nc1 records of each expenditure of the hotel tax funds made by I~UREAU,' These funds shad be classified as ~ r . i t rescted finds fog audited f~nanc~al purposes, and may nit be used for contracted services, . . ~ncludmg, but not limited to, auditing fees and a#torney fees! Upon reasonable advance written request of the Denton City Council, the City Manager or designate, or any other person, BURI~AtJ shah make such financial records available for inspection and review by the party making the roquest BUREAU understands and accepts that all such financial records, and any other records relating to this Agreement shall be subject to the Public Infor`rnation Act, 'I~~. G~v'~r CEDE, ch, X52, as hereaftcr amended. I arterly R~por~. Aber initial receipt of the hotel tax finds, and within thirty days aver the end of every contract quarter, BUREAU shad ~h to CITY: ~1 } a completed l~nancial report , . a fist of the expenditures made or copies of the invoice or receipts with regard to hotel tax funds pursuant to Tom. TAB Co~~ 5 ~ .1 ~ I ~c},and ~3} a~ copy of alI financial records g., copies of front and back cleared checks or bank staten~ents~ and other relevant documentation}. BTJREAU shall prepare and deliver all reports a forn~ and manner approved by the City Manager or designate. BUREAU shall respond promptly to any request from the City, Manager of CITY, yr designate, for addlti©n1 information relating to the activities performed under~this Agreement, ` ~ - ~ ~ f .5 l~lot~ee o~l~Ieag~, BUREAU shall give the City onager of CITY, or fns designate, reasonable advance written notice of the time and place of alb rnegs of Bi`JRBAU} Board of Lectors, as well as any other Meeting of any constituency of BUREAU at which this Agreement or any matter subject to this Agreement shalt be considered ~ . . IV. ~NI AND TEI~A~I[l~ } ~.1 Term. ~ The term of this Agreement shall commence on Januaxy 1, Z00~ and terminate at r~ddnight on January 3l, Z~lo. ~iowev'er, the program period shall commence on .lanuary 1, 4~9 and terminate at midnight vn December 3l, ZDO9~ Ottiy those expenditures anthori~ed by Chapter ~ 5 t of the Texas Tax Code and the prog~rram uidlhaes, which are actually incurned daring the program period, for events and activities taking place within the program -period, are eligible for funding under this agreement, and any %neligible expenditures ar unspent funds shall be forfeited. to CITY upon tem~ination of the Agreernent~ C P~20o9 Fund Canter --Page 4 i 4.~ '~erm~t~on wou# Ie. This Agreement may be terminated by either party, with or without cause, by giving thv other pare sixty ~~}days advance written nadce, fib} In the event this contract is terminated by either ursua~nt to section 4.2 p~ p ~ ITS agrees to reimburse Bl~T~EA~] far arty contractual obligations of BUREAU under~en by BU,A.U in satisfactory performance of those activities specified in ~ 1 and ~,2 above and that were approved by the council through the budget, as noted in'~~,1, This reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the good faith perforrna~nce of those services contemplated in l and ~,2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement, notwithstanding any provision hereof to the contrar~r, the obligation of CITY tv reimburse ~IJRI~A~ or to assume the performance of any contractual obligations of BUREAU for or under any contract entered into by BIJR~AIJ as contemplated herein shall oat exceed X13°~~ of the current quarterly payment. ; ~c} Further, upon termination pursuat to '~4.~~a}~~ BIEA~ mill provide ITS; 1} wren 1 ~ business days fiom the ter~ni~ation notifiication; a shvrt~term budget of probable expenditures for thv remain%n day period between terninatzon natifictiorr and contract terminatioa~, This budget will be presented to council for approval within 10 business days aver receipt by CITY, If far~al approval i oat given within l~ business days and the budget does not contain any expenditures ~t would be prohibited by the, Texas Tax bode, and is within the current contactual period approved budget; the budget witl be considered approved; within 30 days, a full accounting of all expenditures not previously audited by I'TY; 3} within 5 business days of a request from CITY, a listing of expenditures that have occurred since the last required reporting period; a final accounting of all expenditures grid tax funds on the day of texrnination. ~U~EAU will be obligated to return any unused funds or funds deter~incd to be used improperly. Any use of remaining funds by BUAU aver notification of termination is conditioned upon such contracctual obligations having been incurred and entered into in the goad . faith performance of those services contemplated in l and 2,~ above, and further conditioned upon such contractual obligations having a #er not exceeding the full term ofthis Agreement. Autom~~ic Ter~ina~on~ This Agreement shall utoncally gate upon the occurrence of any of the follo~g events; . , ~a} The termination ofthe legal existence of BEAU; fib) The insolvency of BUREAU, the filing of a petition in banl~ruptcy, either voluntarily or involuntarily, or an assignment by l3UEACJ for the benefit of creditors; ~c~ The continuation of a breach of any of the term or conditions of this Agreement by either CITY or BT~AI~ far amore than thirty ~3 days after vvr~tten notice of such breach is loco ~ g to the breaching party by the other party; or , f ~vB P~2o~~ HST Fund Contract ~-Page 5 i - - - - - - .k. t_ _ ~ i I - I i 5.~ Assign~en#. BUREAU shall nat assign this Ag~mei~t v~rithaut first v~t~.i-ain, tie wrxt~em consent of ATTY. No~c~ Any notice required to he given under this Agiernent or any statute, ordinance, or regulation, ~ be effective when given in writing and deposited in the United States nail, ce~fied rnai~, return receipt requested, or byhand-delivery, addressed to the respective parties a foliows: I +1 I ; - ~ i pity a~` Benton Deatan Taber of ~oinmerce 2 ~ 5 McRinney Benton convention Visitor Bureau Denton, T '1~~~1 im Phillips dice Preside~at I ~]enton, Texas 7~0~ i .G . Inurcmentt This Agreement and each provision hereof, and each and every right, duty, obliga~on, and liability set forth herein shad, be binding upon ahd inure to the benefit and obligation o~ TI'Y and BUREAU and their respective successors and assigns. ~ App~ica~on of Lis. All terms, conditror, and pr'o~isions of this Agreement are subs ect to all applicable federal laws, state laws, the charter of the pity of ~]enton, all ordinaaces passed pursuant thereto, and all judicial detenadons relative thereto .8 ~~cl~ive Ag~emen#~ This Agreement contains the entire understauuding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein, There na representations, agreements, arrangements, or understandings, oral or written, express or implied, between or among the parties hereto, xela~ng t~ the subject matter of this Agreement, which are not fully expressed herein, The tee and eond~~ons a~ this Agreement shall prevail = notwithstanding any variance in this Agreement from the berms and conditions of~ any other - " document relating to this traaction or these transa~c~ons; . I .9 ~up~e~te .This Agreerent 1s executed m duplicate originals. ~.~4 The headings and subheadings of the vai~oas sections and paragraphs of this Agreement are inserted merely for the purpose of convenience and da not express or imply any Iirnitation; defini~on, or extension ofthe specific terms nfthe section and paragraph so dcsigaated, r x.11 eve~rbrlit~, lf' any sectxat~, subsection, paragraph, sentence, clause, phrase or ward this Ag~cernent, or application thereof to any person or circumstance is held invalid ~y any court of - competent jurisdicctian, such holding shah not affect the validity of the remaining portions of this Agreenaent~ and a parties hereby declare they would have enacted such rerin~~g Pardons despite any such invalidity, ~ . CAB PY~OD9 H~~' fund Contract Page 7 a r y 5.1~ Iu►nc~. BC1R:~Ati sue, at ~ mir»urn, provide ~ni~rat~~e falla~vs: ~~~,0~4 omrnercia~ net~a~ Liability, or ~,~~4,(~l4 Event Insut~,~ce, covering all events tang ~1a~ce are City~~vned property, ~ tatutozy VL~or~ers' Cornpcnsa~,an ~ aid Employers' Liabi~.ty {1~~,~4~15,OOOII~o,UaQ~, ~~~,ooo LiquorlDrarr~ Shop Liahiiity for a~iy event occurring on pity-owed property where ~coha~ wild be provided or served,and 50a,0aa Business Auton~obi~e Lib~~~ one any armed, nan-owned or hixcd ve~ic~es, r ■ r ~ n~us~ be named as n add~t~ona~ insured on a~ policies except or~Cers' Compensation} and proof of vemge shall be submitted prior to any pa~rmeant by CITY. EUTE~ this ~ day o~ 2a~8. 4 THE CITY ~F DENTIN, '1~ CrEDR>~• , CA1VIpBELL, CITY' MANAGER i I TTET: ~ AP~R~~ED~~ T~ LEGAL F~R~ ■ ~ . ~ 7 • ~ rte' I • • JENNIFER ALTER, DHN 1Vi. I~CHT,, ~T~Y SECRETARY 1NTERIlVi A Y DENTON C R ~F C~~R~E i ~ ~ i yF pr~~IC~.ent I ATTEST: AP~RO~EI~ AS T~ LEGAL FORS; I i • ~ ~ V V1 CAB AY2~09 HST Fund ~Olltract ~ Page S } _ exhibit A ~r~ton hamberof ommer orr~rer~~ior~_ar~a~ Vrf~~r Bcrr~au vntract Applie~nt PY2009 Budget ADVERTISING Print Advertising 55,D00 Ad Agency Superhowl ~ Internet Marketing ~ X3,640 Tourism Promotional Material ~ ~ 2,a00 Brochures ~ 14,690 Travel and Trade Shows ~ 5,D4g Tourism and PR Services R 14,D00 Special Projects x,000 ~ , . Event Magazine Denton t_~ve ~ ~ 0,000 Event 1~a azine DistributionlCirculation # 16,aoa ~5~,290 ~ - ` 9 CVB ADMINISTRATION ' . Salaries and Benefits I`` 145,040 ~ . f ~iabil~ty Insurance ~ i• 754 Travel and Training 9,000 Memberhips~uhscriptions 4,500 Computer Equipment 9,OQ4 Copy Machine Charges , 1,800 Office Supplies ~ 7,600 . Telephone ~ 13,D04 Printing ~ 1,000 Postage ~ 6,500 Office Rent 14,D~~ 21 x,105 SPORTS MARKETING Convention and Trade Show 16,440 Print Advertising ~ ~ 5,040 Salaries and Benefits ~ 73,54a Travel and Training 8,180 MembershiplProfessional Development ~ 7~4 Printing 1,540 Postage 1,000 105,854 N4EETINC AND CONVENTION MARKETING Printing ~ 13,815 Sales and Marketing Missions ~ x,500 Trade ShowslCvnference 8,550 35,105 CROUP TOUR MARKETING Printin ~ 8,000 0 Safes and Marketing Missions 3,704 Trade ShowslConferences 10,400 X2,1 DO MEETING, CONVENTION AND CROUP TOUR ADMINISTRATION Salary and Benefits 71,aaa Travel and 'raining 4,40D ~IerebershiplProfessional Development ~ 3,1 d0 . Printing ~ 500 $ 79,000 a I~ T r ~ r 4 11~ AAA tI A i otal Kequest I r u AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Community Theatre, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($25,000 -Hotel Occupancy Tax Committee recommends approval 2-0) BACKGROUND This agency is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for aone-year term beginning January 1, 2009 through midnight December 31, 2009. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW The Hotel Occupancy Tax Committee reviewed all budget applications and recommended allocations to the City Council during the Work Session on August 7, 2008. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $25,000 for FY 2008-2009 and has been included in the Annual Program of Services. EXHIBITS Ordinance Contract Respectfully submitted: Bryan Langley Director of Finance s:lour doc~me~tslordir~a~ces1081ho~ fundsldc~ ord.dnc AN ~DINAN~E A~TTI-IORI~IN~r TIDE CITY MANAE~ T~ E~TE AN AGREEMENT BETWEEN THE CITY OF DENTIN AND THE DENTDN ~DMUNITY THEATPE, ~N. FAR THE PAYMENT AND LASE ~F I~~TEL TAB REVENUE; AND P~DVIDIN~ AN EFFECTIVE DATE. THE O~UNIL ~F TAE CITY ~F DENTIN HERESY ORDAINS: SE~TYON 1. The its Manager, or his designee, is hereby authorized to execute an agreerner~t between the pity of Denton and the Denton on~mun~ty Theatre, Inc. for the ~ay~nent and use of hotel tax revenue, under the terms and conditions contained in the agreement, a co . of ~rh~ch is attached hereto and made a P hereof. ETI~N This ordinance shah become effective ~mmediate~y upon its passage and app~o~al. PASSED AND APPROVED this the day of , ~~Q$, MARK A. B~JRRDU~S, MAYOR ATTEST: ~ENN~FER SALTERS, CITY SECRETARY BY. APPROVED AS TD I~EA~ FDRM: 3~HN M. I~NIx T Y . .a...,_ 1 4 ' ~ h :4~ r 1 l The term "Collccctiar~ period" will mean the collection period far ~ITY's fiscal ear, ~t will include hotel tax revenue dine- to~ CITY for the relevant fiscal year and Y . collected through the day of the on#h follawing ~he close of the relevant ~ year. . h ~.ii T`he term "base payment amount" shall: mean a net amount of money equal. ~ . to the tam hotel tax revenue collected 1T'~ d►ng any, relevant period of tine fir. e., - fib ear or fiscal uarter less: 1 attorney and auditing costs incurred during such . y ~ ~s relevant ' od of tune for cash of collection yr audit of hotel taxpayers ~attoxney and - . i r , auditing casts include fees paid to aftoraeys ar agents not m the regu~.ar errxplay of l'TY far which attorne s or ents effect connpliance ar collegian of the ~otel tax from taxpayers; - Y , . . and court casts and other expenses incurred m 1~ttga~~n again, or ud~t~ng af~ such } taxpayers, iv The term "nfi~act uarter'~ shall refer lv any quarter of the calendar year ~ ~ ~ q ~ which this ent is ~ farce, contract quarters wYl1 end an March 1 , ,iune ~ , . - ~epte~nber 3~ ; and l~eernber~~ l~~ofea~ch contact year. - - ~ - ~ . {b} rn rurn f or sat~sfactary perfortnanc~ of a activities set forth in this Ag~ment aid all attachments hereto, ~TT~ shall pay to THAT an amount of money in each cantxa~t ear ua1 to the lesser amount of: One d seventy fight one ~iunddth.s percent X1.75°~0~ of Y 1 t1~e air~ual base payment arnaunt, or the fixed canntract amount of Twenty Five Thousand Dollars $25,a~4}.~ T~.s amount w~1 be divided into quarterly payments equal to ~~°I~ of the annual faxed contract amount, unless CITY can show with reasonable cert~rity that the annual base paynnent amount-~ be less than originally estimated fvr the f~sc~al~year. The fourth quarterly payment - will re esent ~5°I~ of the fixed contract amount ar the unpaid remainder of I.7~°/0 of the base ~ eat amount, w~.chever ~s less, Bch quarterly payment ~s subject to receipt of unused. fun P ~ dram the pxlor contract period and the receipt of the required ,quarterly reports, y i 1. ~ of ~~ts. - ~i s" shall mean a eats b lT`Y to 'TH~ATR.E o£ those {a} The term quarterly payment + p Ym} , Y amaun#s ified in ¶1,2, above, a determined by die hotel tax revenue collected. ~adh uarterly FaYment shall be paid upon receipt of the required reports and of der the q da fallowing the ,last day of the cantra~ct quarter. if the qua~teriy financ%al report is not . ~ . ~ received w~thm thnrty a} days of the end of the applicable contract quarter, the recipient maybe ~ held in breach of this A meat. I7~ may withhold the quarterly paYme~at~s~ until the a riate repay are received and apAroved, which approval shall not be unreasonably wnthheld. pP 1.4 er~on~ con~deratio~. ' a The fun ` of this 'ect in no wa commits CITY to future funding of this Amy . ~ ~ ~ ~ be and the current contract rind. Any fire fundi i solely the ~anbi~ty afTATRE, Y DST HST ~rmdang PY24~7 - F~ge 2 - i ~ - ' un erstcad thtit this contract ~ na wa abli the general Fuu~d or any fib} It expressly d ; Y ~ other monies ar credits ofCiTY. ~ . C CITY r3~a w~thh0ld further allocations ~f ITS deteres that T~TR~' ~ Y expenditures deviate materially tom their approved budget, ~ H~ TAB RE"~E1~TE F and in consideration of the ' ent b CITY to TIATRE of the ~.1 use of nd~. ar ~ a eats ofh~tel ~ funds specified above, TREAT agrees to use such hotel tax fun ~ t ~ Q~ far advertising and conduccting saliCitations and promotional pmgrns to ~ tourists conventran delegates or registrants to the umc~pahty ar its v~cm~ty, as authon~ed by Tom. Co~~ 3 51. i ~ 1 a 3 . Funds far an calendar year which are mused mid~ght December 31 ~ of ~ Y that year shall be refunded to CITY within sixty ~}days. . funds reccived~ fns CITY b TIAT n~a be . five ost~. The hotel tax f Y ~ . Y , far -to-d.ay operatraa~s, office supplies, saltines, travel expenses, and other adrnin~s~~a.~~e ~ • ~ Costs allowed b TES. ~'A.x CEDE 351.1~I~f}, but only each such e~ture i duect~y ~ , attributable to work on rograms which pratnote tourism and the hotel and convent~ar~ wdus~y, and ~ ~ „ mots at least tine of the six statutory purposes er~u~nerated wtthiri TAB CEDE 3 1.141{a}. 7. pease ' 'ate a~ ~e of Ada. • • • ~ ds a That an of fatal ad~nua~strat~.ve costs of 7A'~'RE for which hotel ~ fun ma be used shtill not exceed that lion of TAT"l's ' , . 've casts actually incurred ~ ~ conducting a activities specified i~ l above. J fib} Motel tax funds mtiy not be spent far travel for a person to attend an event or conduct an ac~i ' ~ the primary purpose of which is not directly rolated ~ the proration off' local.touri~n ~ , and the convention and hotel industry and the performance o~ the person s ~ ob ~n an ecient and . . prafessxonal miner. r[~, REDI~Il~ ADD 1~~~'I'Il~I I~FQ . ~ and submit to the CX er of annuI budget ~a} THEATRE shall prepare ty ~ - see Exhibit ;`A'~} as approved by the City Couil for eachcalendar year, for such operations of ~ , in which the hotel tax funds shall be used by TITRE. This budget shall specifically 'den ' m sed ex nditures of hotel tax funds by TATRE, In other words, CITY should be i p po - able to audits ificail the purpose of each individual expenditure of hotel ~ funds Pram the P Y ~ s to account relatg to hotel tax funds, CITY shall not pay to TH~A'TE any hotel t ~ # revenues as set forth m ectton I of this contract durYng any progt~am year of tlus Agree~cnent unless ud et far such re 've ro ear has been approved in writing by the Denton City ab g ~ A gY Council, authoring the expenditure of funds, Failure tv submit an annual budget may be _ I~CT HST k~ndYng P~~D07 ~ Page ~ R - ~ i 4 • - - ~ 4 L 1 ry y { . # , 'y i +W r i ~ ~ . ~ i ~ ~ edi is corded aunds far tenon of this canszdered a breach of contract, and ~ oat rem ed ~ . Agreemernt as stated ~ 4.2, TT~ATE acknowledges that the approval of such budget by the Benton City {b} Council creates a i~iduci duty in THBAT~ respect to ;the hotel tax funds paid by CITY to . . TH~AT~E under the A ~ent~ TIAT` shl expend hotel fiends orgy ~ the manner and for the ses iced. irl this Agreement, Tex. TAx CoD~ ~3 ~ l . I D 1 {a} and ~ the budget as p~ ~ approved awe Aceo~ts. T~EA~`RE shall manta any dal funds paid to TATRE by CITE a separate accouu~t or with segregated ~d accounti.ng; such that any reasonable person can ascertain the avenue source of any given expenditure, ~ ~ Re~rd~. TI~AT shall maintain complete and accurate financial records of Franc each a 'tore of the hotel tax funds made by THATRE~ ~ funds arc ~ to be classified as restricted funds for audited ~nanc~al purposes, and may not be used far con~a~cted services ~cludin ,but limited to, auditing fees or attorney fees, Upon reasonable advance g other written request of the ~n City Council, the City Manager or designate, or any pion, TTAT~RE shall make such financial records ava~able far ...inspection and review by the party est. THEATRE understands and accepts that ail such aanc%al records, and any ~ e~ , over records relatin to this ~ ent shall be subject to they Public lnfanna~on Act, Tom. Crov z' ch. 55z, a~ herea~er amended, ~ . ~ . 3,q rte. Aber finial reip# of hotel tax funds, and withui tlnrty days a# the ~r~ ~ end of ev u~rter therea~er, until all finds ~ have bee°~ expended and reported ~ CITY, ~Y ~ TT~ATItE shall fia~nish to CITE: {1} a completed financial report, {2} a list afthe expenditures or co ies of the invoices or receipts made with regard to hotel tax funds pursuant ~ TAx CoD~ 3 ~ 1.1 ~ l c and 3 a co of ali financial records {e. , copies of front and back of cleared checks or b statements, and other relevant docentatian~. Both the financial and expenditure reports a form ether dern~ined~ ar roved by the City wag ar designate. THEATRE shall ~ , ~ nd ram ~ nest from die City .onager o~ CITY, nr designate, for adchhal ~ p PAY y , inform.on relating to the activities performed under this Agreement, ~ ITS or his desi N~~ ~f IVIn TH~ATR.E shall give the onager of C reasorle advance written nonce of the tie and puce of all meetings of TI~~`~E's Board of ' well as an other meetin of an constituency of 1A'pRE, at which this Agreement Doctors, as y g Y t or any natter subject to this Agreement shall be considered, ~ IY. T~ AND ~ A~~N ~ and ternute at 4.1 berm. 'I'he term of thus Agreement shall camnaencef on January 1, 29 rrlidni t on Jan 31, X414. However, the program period. shall commence an January 1, X009 ~ ~ and terminate at midni ton December 31, ~a~9. y those expenditures authoi~zed by Chapter . ~ * • 35l of the Texas Tax Cade and the prate guldehnes, which axe actually incurred during the for events and activi~.es lace ithi~i the program pead, one e~gibi~ far ~P w [ DCT HST Funding FY~Q07 - gage 4 n ~ .k h i 1 i! ~ i M f j ~ ' ' of breach of ~ of the terms ,0~ ndi~ons of this Agreement by ~c} The cont~nuatton a Y either IT4~ or TI~EATRE for mare t~ th~rcy ~3~~ days aver v~ri~en notice of such breach is given to the breaching party by the other qty; or fa~ure of TIATRE to submit a ~.nancial quait~rly report which r~mplies with the ~ ~ , ~d) The R rdn ~dures ui~ed herein and generally ~ accounting principles prior to the ~ gp be ' of a nest contract tom, or quarterly as ~ by ~ec~ion 1,~ hereaf. } , t Imm~e Ter~a~ion ~ n ' n~ NO~wI any Other prov~slon 4 i * r • of this A en to mlti a da~a~ges acid to preserve evidence and sues for ~udtc~al ~ ~ ~ d io either shall have the right to terminate this Ag~ee~nent upon ed~ate nonce t e other in the event that an on has ututed htlga~on concerning the ac~v~ties of the and the tea ' party reasonably believes that such actY~~es requ~ non terrnuzat~ag party, or rohibited under this Agnent. ~ _ ~ . .P ~ ~ the event that this A ent i~ pmt to'~¶4. or ~4.4, TAT arees~ta 4 ~ refund an anal alI unused fiords, or funds deter~.ned by TTY to have been used unproper y, within 3 D days after termination of thi.~ Agreement. G PR~YL~i~N P aye of ~erpi. I~athin din this Agreement shall prohibi#, nor ~.1, . ~beo~tr ~Or e" ~ . be cawed to prohibit, the agreement by TF~ATR~ w! another private entity, person; ar aran~- ion far the erfarm~nae of those set'vrices described in ~ ~ above. ~ the event that THEATRE p en iota an a~ran corer contactual or otherw~.e, wry such other entity, person or orlon, tern y g ~ THE sh~.i cause such other enti , ,person, or organi~a~ion to adhere ta, eonforrn tai and be ((11 ' to ah viio terms and conditions of this Anent and to Tom. TAx Co~~ ch. ~ 5 ~ gents, separate funds mainte, and hmita~io and prah~b~tians cI g pow . to d~ture ofthe eats and hotel tax~~~. ~ ~ ~ P~ _ ~ TRH snail o crate as an ind nde contractor as to ail ~nddent o~#r~ctar. TH~A p to be armed under this A n~ent and not a an over, agent, servant, or employee Of sen~ces perf • 1TY, ~rT~ATRE snail have exclusive control of its operatsons and performance of services er and such r~s en~~es, or orga~aions perform .the same, and TATRE sI1 herelmd , ~ ~ ible for the acts ar~d arn~s~ons of its doctors, avers, employees, agents, and _ be solely respans ~ , • . tors. THAT shall not be considered a pier or ~omt ventuxer wl~ CITY, nvr shall subcontrac ~ consid nor an manner hotel itself out as, ~ agent or nici~. representative of T~ATRE be creel, Y CIT'~, . emni~ca#~. TSF~TRE A~R~E T~ IND ~ , HELD , ~ .3 Ind EFFND C"TT~ ~ ~~'F~ER, AGENTS, ADD EM~LOYF FROM ANA AA~NF D ANA ALL ~R ST~TI FAR I~~, DAMAGE, L(]~ ~R LIABILITY 'HE'R ~ ARxIl1~' ~~J'~ QR IN ~ N F ~ P'~RMA1~L BY 'LITRE OF "I~~E F~R~'ICE ~l~I'~MPLA~'F~ ~ ~ T ASR I~LI~ ALL NCH ~R .~UL ATI~~ B'~ ~ ~N IlI~~1~ LAN ~I~fAL ~R TAT~]TD~ LAS, OR BASS, IN BASED ~ DST ~~g PY2007 -Page b i i } t ti. ~ _ ~ i _ ~ ~ ~ I l ■w~11 ■~,r1T T ~~y1 1~~T1 ~~}l~l, 4 4 Y iii ~ 1 ■ • 1~R~+ ' f ~ Ll~~~ l~.L~ ~ ~ , ~ . .4 A~~mt, THEATRE shall pat assigp this Agreement without first obt~ain~g a written r consent of IT`S, l~otice. Any notice ~ #o be given under this Ag~eeet or ar~y statute, ordinance, or regulation, shall be effective when given. i~ writing and deposited ~ the united Mates rnai~, certified ret~un receipt quested, or by hand~delivery, addressed to}the respective parties as fellows: y y ~ i M er Den#on om~nuni Theatre Inc. #Y ~ tY qty ofDentan ATTN: Mike Ba~rr~w ~ 15 E. llrlcKinney ~ 4 wept ~icary Denton, T 7~2~ 1 ~ ~]entan, Texas 7~2~~ { ~,G ~a~rement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon acid inure to the benefit and obligation of TTY and T~ATRE and their respective successors and as~ignss, i .7 A~~lica~ia~ of All terms, cotions, and pravions this Agreement are subs ec# to applicable fedexal laws, state laws, the charter of the pity of Denton, a11~ ordinance passed { pursuan# thereto, and ail judicial deternc~ina~ions relative ihereta.~ ~,8 ' e end. This A ent captains the en~xe and canskies ~m ~ ~ the entire agm~nt betty the pates hereto concerning the subject ~artter caned herein, Them are no representat~iions, agr~ents, arra~icments, or undersndings, oral or written, e~pr~ . or implied, between or among the parties hereta, relating to tl~e subject rawer al~ this Aemen#, which are not f~i~y expressed herein. The #er~ns and conditions of #h~s Agreement shall prevail, notv~thstanding any variance in this Agreement from the taerrns and conditions of any other document relatinng to this tr~ansa~ction or these #ransa~ctians. ~ , . . 5,9 Dnpl~c~t~e ~r~. Th1s Agreement ~s executed ~ dupl~~e or~nrls. 5.11 ~e~. The hea~dangs and subl~eadmgs the venous sections and paragraphs of s Agment are inserted merely for the purpose of convenience and do not express yr imply any limitation, demon, or extension of the ~c terms of the sedan and paragraph sa designa#, ' x.11 everability: If any sermon, subsection, paragph, sere#ence, clause, pl~e or word this Agreement, or applica~on thereof to ar~y person or c` ` ce is held invalid by any coin competent jurisdiction, such fielding shall not ai~ect the validity of the remaining pordans of this Agreement, a~nd.the parties hereby declare they would here enacted such re.ning portions despite any such invalidity. F T H~'r Funding FY~~07 - Page 7 t - - - - , 1 y ~ i ` r t ~ ~t ~ i 1y a I ura~ce. THEATRE shall. ro~ide insurance a folio _ . ~.1~ ~ . f ~ . ~O~,o~~ commercial er~eral Liability, or ~~~~,~00 Event ~nsnee, over~n~ all events ~ piece on tty-aw~r~ed properly, ~ . . orders' ornpe~ation ;and Employers L~a~il~ 2. tatutary ~ l ~1$OO,o(~101$ ~ ~D,~oo~, and j Li rlDram Sh Liability for any event accurrin on City-owned 3. $~5~,~00 quo oP~ where alcohol will be provided or ser~~d. ditio~ ~ on all olic~es ~ecept ar~ers~ ~o~ension}, a~r~d rTY must he na.ed as an ad p roof of eov a shall be su~rnitted ~~ior to any pay~ent by the CITY. P ~ ~V ~~f E'ED phis ~ day of QTY ~F DEI~`~I~, `S`EAS ;{~i YY ~J~~V~ 1 V .~~~L+~ F A~AE AP~~~ LE~~L ATTE~T:~ By. B Y• ~Elt ~NALT~R.S, I'T~ SEI~T`AR~ ~ ~ l~'I'ERI ~I TT"~R~1EY . C ~ . 'SAT' YNC.. DENTS ~ ~ . $y: tar . 4 AFPR~~EI~ AS T~ LEAD . ASS ~ ~ _ ~ By: ~ Secretary . DCT HoT ~und~ng P407 -Page S 1 } _ I ` Exhibit A ~ _ Denton ~ommun~ty Th~~tr~ ~g09 Programs . contract Applicant PY~~D~ Bud~~t F ADVERT11N Radix ~ $ ~~,000 Q,DOQ BrochurIPc~t bards ~ . ~ 3,00 Maga~~no , lntornat 1ebsit~ ~ ~ 4,OQQ 5,~QD Total Reque~tf ~ ~5,aaa . 4 r 4 M i ~ } h i 1 I` i M 4 `i I i I Y Y !M 1 I 1 AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an interlocal agreement between the City of Denton and Denton County for the payment and use of hotel tax revenue in support of the Courthouse-on-the-Square, the Bayless-Selby House, African American, Old No. 14 Fire House, Elm Ridge Church, Welcome Center and Outhouse Museums; and providing an effective date. ($106,550 -Hotel Occupancy Tax Committee recommends approval 2-0) BACKGROUND This agency is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for aone-year term beginning January 1, 2009 through midnight December 31, 2009. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW The Hotel Occupancy Tax Committee reviewed all budget applications and recommended allocations to the City Council during the Work Session on August 7, 2008. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $106,550 for FY 2008-2009 and has been included in the Annual Program of Services. EXHIBITS Ordinance Contract Respectfully submitted: Bryan Langley Director of Finance s,l~ur doc~t~elor~~nanc~sl~Sl~ot fiindsldent~n county ord~an~e.doc RD~NANCE N~. AN ORDINANCE AUTH~RrZ~NCx THE CrTY iVIANACrER T~ EXECUTE A INTER.LDCAL AGREEMENT BETWEEN THE CITY CF DENTCN AND DENTON COUNTY FAR THE PAYMENT AND USE DF HOTEL TAx REVENUE IN SUPPORT DF THE C~URTHDUSE-~N-THE-UARE, THE BAYLE-ELBY HOUSE, AFRICAN AMERICAN, DLD N~~ 14 FIRE HDUE, ELM RIDCxE CHURCH, WELCOME CENTER AND ~UTHOUE MUEUM; AND PROVIDINCr AN EFFECT~E DATE. WHEREAS, Tex. Tax Code ~ ~ ~ . ~ ~ 1 ~a} authorizes the City of Denton, Texas to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industryy by adverCisin and canduc~n solicitations and prornatianal programs to attract tourists and convention delegates or registrants to the nlur~icipality or its vicjnity to visit preserved historic sites and museums; and wHEREA, the County of Denton, Texas is well equipped to perform those activities by its operation of the Courthouse on the Square, the Bayless-Selby House, the Akan American, the Old No. I4 Fire House, the Elm Ridge Church, the welcome Center and the Outhouse Museums; and wHEREA.S, Tex. Tax Code X351. ~ D1 ~c} authorizes the City of Denton, Texas to delegate by contract with the County of Denton, Texas, as a governmental entity, the management and supervision of pragran~s and activities of the type described hereinabove ftiu~ded with revenue from the mu~.cipal hotel occupancy tax; and "HERE.AS, both the City of Denton., Texas and the County of Denton, Texas have a secondary source of authonty to enter into an lnterlocal cooperation agreement, pursuant to Chapter 791 of the Texas government Code, as; the agreement ~s authorized by bath govexn~n.enta~ bodies; the agreement states the purpose, terms, rights, and duties of the contacting pa~ies; the con~deratlon 1s be. paid by City a~ Denton, Texas out of current revenues}the compensation is fair; and the services to be performed are "useurr~ services" authorized under ~791.~~3~3}'}~ of the Texas Croverrur~ent Code, which each party is authorized to peorm 1nd1v1dually; NOW, THEREFORE, THE COUNCIL DF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute an interlocal agreement between the City of Denton and Denton County fog the payment and use of hotel tax revenue in support of the Courthouse an the Square, the Bayless~elby House, the African American, the old No. 14 Fire House, the Elm Ridge Church, thewelcome Center and. the Outhouse Museums, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. E~T~~N Z. Ts orc~inanee sha~~ become effectl~ve inedlateXy upon passage and PAEI] AND APP~~VED t~ tie dad v~ , ~~~5. 1V~ARK A, B~RR~~J~r~, A~~R ATTiJ 1 i JENN~F~ ~VL ~~TER, QTY R~TAR APPOED A T~ SEAL ~`~RM, ,~~~IN . I~N~~HT, INTERIM ZTY ATTORNEY .~fi~yn~~.M~ N.r . ~ .v..._.J... w, vµ~ ~S'i. r r i Page 2 ~ 4 ~ i r I I i I - ~ f I a A~REE~VIEN'~ ~F~"wEEN THE ~ ~ DENTON ADD DENTS T~ ~~ITH~USE T~f E ~ ~ ~TJARE, ~Y~~-~BY . AN~ERIAN AFRICAN ODD N~,14 FIRE HDI~~E, EI~I~I RiD~R ~ H, ~11~ ~`EN~R AND OUTH~~~ 1VIUE FROYIDIN FOR THE PA AND USE HOTEL TAB ItEE~UE Tl~ ACRI~I~~f made between the i of I]ento ~e " ~Y n, Texas, ~ municipal corpora~an ~ and County of Denton, Texas a • eta ~ ~ err~me~ta1 entrty ex~s~n under the laws of the ~f T~xa ~g On b~~]~If 1t Cau~`thoUSe-on- - ~ . . ~q~, scan Atner€car~ l~y~ess- e~by ~~use, ~~d ~o, ~ 4 Fire house Elm ~d e ~ . ~ ~ hu~c el~o~ne Center and ~uthause useun~s ~cu~ee~vely, e U~ - . TAB Co~~ ~3S 1.~ author hotel a YTY to bevy by ordinance a muaic~pal icy ~ ~ `hotel #ax riot exceeding seven percent 7% of the coast . hotel , ~ ~ deratran ~ by ~ oee~t; and w~A~, by ordinance, CITY has rovidd for ' , ~ ~ the assessment and co~ec~on of a ~If IIGI DCCUn(;y 'kX ~l~ 1~y ~f In~411 Of ~e~ ~ ~ • percent X714}, and SEAS, Tex Co~~ 3 ~ .10 ~ a authorises . • . ~ ~ C> to case revenue from ~ ~u~ll~lpa~ l1ot~~ OCCU~~ ~p p~plltat~ touT~n~ and ~DI~V ~ . advertn and coned ~ en~an and hotel mdu~ by 1Yy1 Li /~y~ ~ ~g solicitarions and promotional, programs to attract tourists ~~y,!/~f Vpr~l ilj{,J'~/~} deY~gate SJ~ ~1/ W ~ ~ ~ 4 } 1 yi+~ i Yi1H4,~ ~V/ ~ lpa~~~y V1CI, V~~~ ~S ~ ll] i restora~.on and preserva~on ro acts ho~cal p ~ and ac~vrt1e and - ~RI~A, Tom. Tex ~ 1. ~ ~ ~ c auxhor.~ ~ ~ CITY to de~egatc b ntract wrth iVl~JS~UII~S, as a governrne~n end the ~ - ty, management aril sup~'vision of programs and avit~es of ~e ~ described hereit~above faded v~ith revenue dram ` ` the. ruuruc~pal hotel occupancy tax; and . ~U~ are well e~u~pped arm those ~ p activ~~es, ar~d a both CITY aid ha~re a secan 4 source . dory ofao~ to enter mto Ament as an i~~o coapera~nn Cav ~ ~ puuant to Chapter 791 of the Texas ernme~t Code, as, the Agreement ~s authored ba#h dvemm . hY enta~ badges, the e - states the se terms rr ~m p~ ~ ~ dines of the contracting es, the CUllsl b C~ out of C ~ dera~on ~s being prd Y urnt mwenues; the compensa~on fa~.r; and the se~iee to `rn.useu ser~tc~" autha ' ~ performed are rimed under ~71.~0~~~} of ~e Texas vezrnnent Code w pay I authorized to orrn. h~ch each P vrdually; CR~E, in consideron of the performance of the mutual promises contained h CITY and i covenants ~ ~ l1l~l; age and contract as follows: L HOTEL ~ . PA • ~er~f~on. Far and m. cuns~dera~rnn of the activities t under this ~ o perfartned by USEUI~[S greerne~nt, CITY agues t~ pay to MUEI=TS a rt~on of the hated tax rcverrue . H07' F►mi~s PY~~09 Deafon Coanty r~~u~s Fa~~ 1 Sep ~ 8, ~ ~ : AM ~ ~en~o~ Geu~t~ ~ . _ n ~A~.,~~na f r F i~~ i~: ~ f collected by CH'Y at the rates and ~ ~e • manner specil~ed herein such payments by CITY MU~E~I~M sometimes herein referred to as the ' 11~,++LL++UU x~~f}. 1 ~O~Il~ ~~~a~ A5 In this Agreement, ~e falln ~ f wln~ ~eln~S hc~v~ fo~O#ng speGl~~ ~ ~1~ The term "hotel tax revenue" shad mean the Q received b ~ • • ~ gr ss rnon~es collected ar~d ~ TY as mun~crpal hotel occupancy tax ,at the rate of seen o e 'ce aid for percent ~710~ of p room in a hotel, pursuant to 'Texas Tax bode ` ~rd.martce. Hotel and arty tax revenue will include penalty and Merest related to the late 4 payments of the revenue by the taxpayer. ~1-1~ The ~erlla "olle~io n per~ad will mean the collectzon period far CfFY's seal year, It will include hazel tax revenue due to TTY far the relevant his year and collected through the ~Znd day of the Ana followin the ~ close of the relevant ~ year. ~i~~~ The term "base payment amount" shall `mead a n to tho total ho et amount of money tel tax revenue collected hY CITY d ` ' an relevant fiscal ear ar ~ Y prod of tune y ~ Ater}, less: ~1~ attorney and ud~ ' casts ~n~arred relevant ri d~ sack pe od of tie far casts of collection or auditin of hotel a ers ~ ~ y attorney and auditing casts include fees pasd to attomcys or ents mat m the which a~ a ular employ of CITY for Heys or agents effect corapliat~ce or collec~on of the hotel tax frarn tax a ers and ~2~ court cos#s aril ~ P other expenses incurr in li~at~on a or auditin of g~ ,such ~Y (~v~ The term ;`contract gnarte~' shall refer to an uarter o which this A ~ - , • Y ~ f the calendar year m . ~eut m force. contract ~ v~ll end on larch l dune 3 0~ September 3~ ,and December l~ of each contract ear ' . Y In ret far satissfactary performance of the ac~vi ' • and all attachrn des set forth m this Agreement eats hereto, CITY shall pay to MUSEI~S an amount of more year ual to doe y m eac~i contract e9 er amount af; Seven and Fifty Seven one Hundredths rcent ° . the amain base ~ X7.57 ~o} of P Ymt amount, or the fixed con~t amount of one Hundred Six Tho Five Hundred and Fi Doll usand ~ (~d,55a~. This amount will be divided ` a a ~ Ito quarterly p yxnents equal to ZSI~ of the annual fixed contrt amoun urges reasonable certarn , ~ CfT~ cart show ~ that the annual. base payment amount will be less than ors ' far the fiiscal ear. the fourth ~ ganally est~rnated Y ~uarte~rly paymnnf well represent ►°~a of ~e fixed contract amount or a unpaid re~aaindex of 7.57°f~ of the base a ent amo k P Ym unt,;whrchever ~s ~ess+ a.ch quarterly payment is st~b~ect #o receipt ounused fuands frame the riot can r ~ rl p t tract per~ad and the receipt of ~e l quarte reports. i ' I 1 { HOT lends PY~ ~ . X09 Denton ~~ty ll~useum~ Page 2 ~ 8, 2~~8 '1 ~ :~Q AID d~~ton ou~#y 1 AC _.r +1hn fir. ~ U! ,}V{3 1A S I 4 i i f ~ ofP~ymen. a {a} The term "quarterly 3m~ents~x shall mean e amounts l ~ hY IC'Y' to M~]E of those pec~~d m ~1.~~ above, as determ~ed b the hotel tax to ~ venue collected. fib} Each quarterly payment shall be paid u n recei t of ' da foil ~ , the required reports and a,~cr the ~ orng the Last day of the contract quarter. ~f~the ua~terl received v~itl~n ~ ~ y f~nanc~al repart not thirty ~30~ days of the end of the ap l~cable eantract . . held ~ breach of ~ q~~', the recipient may this Agreement, ~TI~ may wx#hhold ~ the • appropriate r its ate ~ ~ payment~~ untrl the ~ received and appreved, Bch approval shall not ~ . nobly thheld. l.~ ether l~mi~a#~vns ~~oonser~~on. a ~a} The fing of this project in no a commits I~"Y ~ . be and the ~ ~ fundrng of s ~ y current contract period. Any future fimding is solely the 'h ~ . respo ty ofMii~IJA~i. ~ .fit is expressly undeitood that this contact in no ~ . other moo ' why obh~e the general Fund or any noes or credi#s of QTY. c} ~ may withhold further allocations CITY . ex ~ ~ detenes ~ devrate n~aterlally fi~am their ~,ppraved hud et, ~JE ~ ~ 0~ For ~ l ~4nSlder~t~on Qf ~ i e pay~~nt by T~"'Y' to MUEUM of ~ ~ PaYm ofhotel tax funds shed above ~ , MSI~UM ~ to ,use such hazel ~ fi.us orgy for adverts and cond~c ' olicita~ons and . ~ promotional p~g'ns to attract tourists and conven~on delegates or reais~.ts to the munici a1i or its . historical rests ~ v~ctn~ty, as well as to engage in ration and prese~rvatiau projects and avities ta~ encv e delegates to visit ~ ~ #aur~sts and invention ~ historic saes and mums, as ~o~ b Tex. ~~x ~ 5 I.101 ~a~3} and a 5 . Funds fot ~ ~ . ~ ~ ~ any calendar year which are unused J T + . ; ~ ~ #~'e ash. The hotel tax f[mds ' received firo ~ by M~I~EUM n7a be spent far day~to-day op~a, afce u li Y Pp es, travel expenses, and other adnuni stra~ve y tests ~~oed by Tex. T X35 ~ . I U ~ but onl • y if each such ex tore is attributable to worl~ on ~ ~ which promos ~n the hotel and convention in and promotes at least one of the ~ ~Y~ ~S six ~arY Fs'es enumerated within Tom, TAx oD~ ],~a1~a}. . ~ ' ns o~ use o~nd~. ~a~ ~ to dernons~rate strict com li ' p ancewlth the recon~ keeping and appottionTnent limitations i~osed b fix, Tex oD~ • , y I . ~ 0I and ~~S 1. I aS ~e~ and d . ILEUMS ~ rat ut~h~e hotel ~ ~ ~ ~ tax finds far any exper~,diture Bch has not been documented to says e ~ ~ spec~cally purpo set fah in', f and 2.~ above. ~~T Funds P~~9 Den#on Casty Museums Page ~ ~ 2~~$1 ~ Aft , ~~nton C~u~#y . R am rnw.. ~ 4~ ~U~i . pry ~ # ~ ~ a ~ f i 1 I t ` f S fib} Hotel tax f~mds may not be ~per~t for vel for person to Mend n event or conduct an activity, the primary p~ of which is not dial relay y to e prcmoo~ of ion tour~s~ d the convention d hotel and and a rforrnan ~ pe o~f the person s fob m an ec~en# aid profes~anal manner. i 3.~ $~d a~ M~3E~T shall prepare and submit to the Ci Mona r see exhibit " ge of CITY an aual budget ~ A } as approved by the ~ Counc~i for • each calendar year, for such o t~o~s ~ f MU~UM~ ~ which the hotel funds ~ ~ be used by T~s bud s~ spe~ei~ically identffy proposed ex nditures of hot ~ Pe el ~ funds by MUEUM. ~ other words Cf' should be able to audit spei~ca.ll the se of eac ' . Y purpo h md~v~d~al expcnd~t of hated tax fonds fi~arn the sopara#e account relat~n to hotel ~ funds. ~ CI TY shall not pay MU any hotel ~ revenues as set forth m ec~ion I of s con ` ~ ~ dating any program year of this green~ent unless a budget for such spve program ear has been . . Denton Ci Counci ~ ~ Y approved wnt by e tY autbor~ng a expenditure of funds. Failure to submit be considered a b annual budget may reach ofcontrac-t, and ifnot re~ned~ed is considered ands for A meat as stated ' ter~r~i~ation of this ~ m paragraph 4.~. MAIM acl~owledge that the royal of sac Coun ' • h budget by the Iento~ City cal creates a fiduciary duty ~ UE[~M nth to the ha ' MU~I~ respect teI ~ ids paid by CITY under s Agmt. MUSEUMS shall ex dhotel tax and for the r}.] ••,F~f }yyyKKK • /~y~A~ Ate} ,TT1 }7-1 ~ ' lY.ds only ~n the manner i ~ ~~;1~'~+ Lil ~ ~}r,a ~'Y~Vily} 1 iJ.~r i YS.+~ ~~.f ~Y ~ Y i M ~ W,i~ roved b C V ~~~777 ~ } b~~~et a~ ~ y rrx. ~.2 epar~~e Ants. MU~Et~M~ shall maiutaba b any hotel fads paid to ISE~ y I'TY ~ a separa~#e account or with sereged fund accou~n • can ascer~in ~ such that auy reasole ecr soy e revenue source ofany given expenditure. I 3. ~c~tllord~. ~ MUSEUMS shall t~ta~n complete and accurate ~.cial reco of each e ~ rds • xper~dxtu of ~ ho#eI tart funds made by M~1E[1M.S. These fun classed as ds mgw~d to be res~c#ed funds for aud~#ed. ftnanc~al purposes, d ma not be services includin • • y used for canct~d g, but not hrtuted to, audt~ng fees or attorne' fees. n ~.tten ucst of ~ ~ Y pa amble advance e Denton City Council, e Clty Manager ~or desi ~ or an o MCISE~TMS shad . , y then person, ~e such financial recos evadable far ' ors and revue • P w by the party making the t~equest* MfJSF~ understand and a~cve t that ` o~ p alI such financial reeor~s, and any er records relat~.ng to this Arnemt shall b subject to the Public Info CDDE, eh. 5~~? 8s herecr rma~on 1~ct, Tom. Gov T amended. 4 ~epor~. Af der m~t~al receipt of hotel tax fun and wi ' . erg thm ~ days after # d of every contract quarter, ~JUM ~ ~h . to ~I~ a completed ~nanctal report , ~Z~ a hst of o expeaditu or co yes of the invoices • _ p or receipts made nth regard to hotel tax fads pursuant to TEx. Co~~ 3SI,l~I c -and . ~ ~ ~ ~ a copy of all fmanc~al records e. , ion ad back co yes of cl ~ ~ ~ t p eared. cheer or bank statements, and other relevant doc ' umentatian~}, ktCl~' Funds P~~DO9 De,~t County M~.~eums page 4 t Sip ~ 8, ~~~8 ~ ~ :2Q AM ~ Denton Cn~nt ~ ~ ~~~..r~r~~ fir. i't► t11 JlfO x ~ { { 4 4 MUE~M Shall pre and deliver ~ ~ all reports ~ a farm and manner roved b the ~ Manager or des te. MUSS ~ y ty UMW shah respond promptly to any ~ uest from the i of ~T~, or deli ate far ' ' • ~ . add~~oI ~normt~on reia~ng to the achv~~es rfvrrn ` ~Arnent. ~ ed under # ~otaice of 1V~ee~n~, MUEUM~ shall ive . ~ ~ the pity Manager of CITY, or his des ate reasar~a.ble advance w~tteri nonce of the tune aid lace ' p of all ~ meetings of MUSEUM' Boards of u•ec#ors, as we~~ as any other meeting of any constituene of ~ . A Bement nr~ ~ Y M~JEM~, at which this Y matter suh~ect to this ~greemen~ shalt be considered. i r ~ ~ ~ 4.~ '~e~. The term of tht5 A ent Shah] co • ~ ~~lCC OIL January teI'1~te dmght on January 3 X41 ~nvvever, the ro . ~ gran'! period S C~~Inene art ~an13al~ at~d terminate at na~drztht ~ December ~~1, 20 ~ - ~ 5 I of the Y per, expendrt~s authorzed by Chapter Texas Tax bode and the pragratn guidelines, which are ac . ~ telly incurred during e prod, far events and ae~v~txeS tal~rig ~ the ro . . fur~din undex ~ P ~ period, are el~g~ble for g this agreement, and any ~nehg~ble ex ndrnes or CITE n # unspent funds shall be forfeited to ~~an ofthe ~greernent. 4,~ ~'etm~a~a~ wou# u~~. r Thl~ ~g~ee~lel]t may be ~ ~ ether ~ y~ ` • ~a w~thOl~t C~a~Se, b ~vYn the other party saty ~}days advance den nonce, y ~ g i - ) the eve~at. this contract is ter~,ted b either a ees to re~ y ~ pY pursuant to ectton ~.~a~} ` ub~ M~JEUM far any eantractuar obli atians undertaken b MUSE g Of MU~~ Y ~ m sat~sfactary ~erfarmanee of those avities above, and that were a spYfied m X2.1 and . * , pproved by the Coua~cll through the budget, as noted in ~.1. ` reimbursement ~s cond~tianed ¶ Thy upon such contractual ob~gations havin -been Inc entered iota ~ ~e ood faith o ~ ~ g and - g perf rrnance of thaw Ser~[ces contemplated in ~.I and ~ and further condition ~ bove, ed upon such contractu,a~ abhgatlons havia a terns nat ex term of this A Bement, No ~ g ceedm the full ` twithStandu~g any provision hereof to the con the abli a~ CITE to reimburse MtIE~ ~ ~'Y~ g on of or to assume the performance of an, contractual abli ' ~~UM, for or under an can Y gat~ons of Y tract entered into by MUEC3M as cor~ten~plated herein shall nvt exceed ~6 3 % of the current quarterly pa est. ' +4 I . ~c} Further, upon tern~inatiou pursual~t tD a ~ E ~ . • ' ~ IJM w7r~ provide CITY. ~ Within I ~ business da s from the ~ Y tea~on noicatfon, a short-term budget of robable expenditures far the remaining ~p da riQd be p terminaha Y ~ term~na~on notlfia~on and contract n. This budget wi1~ be presented to ~auneii for xoval wi . recei t b ~I ~ ~ , ~ ~ 0 business days aver p Y , If faai approve not given vr~thrn t ~ business not contain an ~ days, and the budget does Y exd~tures that ~ou~d be prah~bited b the Texas Tai . cunt contractual y ode, and ~s it}~n the prod approved budget; the budget will b~' considered 3 ~ days, a fall accauntin ~ l~mv' with g of a~.l{~expenditu not previousi ; audited b business da ~ of nest ~ - y. Y a ithm Y from CITY, a Itst~n of expenditures that have occ u~rred sin the last ~4T ~w~ds PY~009 Benton County Museums gage 5 Sep 208 ~ AM ~ ~~fI~0~1 ~Q~lf1~ 4 a~ _s inn U~ qua - .,~,,,..,,.w. - ~ f E } r ued reportarg period; 4} a find account.~ng of all ea~penditures and tax funds on the day of termination, Ml]EUI will be obligated to return any urxused funds, ar funds detern~ned to be used improperly. Any use rernatn~ng funds ~.~EU aver natlf~CatI~I10f tertn~natron 1~ conditioned upon sad contractual obligations having been'ineurred and entered into in the good faith perfar~nance of those services ntemplated in 2.1 aid above, and fher conditioned upon such contractual obligations having a term not exceeding the fidl term of this Agreement. 4. Antomn~cc Ter~ation~ This Agreement shall autoa~.cally terminate upon the occurrence of any of the fohowing events: ! ~a} The termtntion ofthe legal existence ~fU~EIVIss The insolvency of 11~U~, the f,g of ~ petition in baruptcy, either voluntarily or involuntarily, ar an assignment by MUE[JM for the benefit afcreditars; fie} The con~nuation of a breach of any of the terms or conditions of this Agreement by either TIC or JUI~ for more than thirty {3 a} days aver written r~o~ce of such breach is given to the breading arty by the other ar ~d} The failure of 1VIl~E~JNi to submit a financial, quarterly report which carnplies v~ith the reporting procedures rewired herein and generally accepted accounting p~nciples prior ~ the beginning ofthe next contract teen, or quarterly as requd by tion l.3 her~af. 4.4 1t to ~m~ Tern~a#~a~a upon ~tt~n ~ Notwithstanding any other provision. of this Ag~~ement, to i~gate damages and preserve evidence and issues far judicial determination, eier party shall have the right to terminate is Agreement upon i~arnediate no~.cc to the other party the event that any person has instil li~atzon concerning the activities of the non- . g part~r, and the ter~ninatix~g party rcasonahty belie~res that such 2vi~es are rectuired or prohibited under this Agreement. t 4.5 ~ the event that this Agreement is t pursua~it to X4.3 or 4.4, M~JEUM agree to refund any and all unused finds, or fiends determined by ITY to have been used improperly, within 3 ~ days alder termination of this Agreement. ~ . 1 ~beon for Performance Avis, Nathin in this Agreement shall prohibit, r~or be construed to prohibit, the agreement by ]'AEU did another private entity, person, or arganiion for the p~rfarmarrce of those services descried in . ~ above. In the event that . . 11~iUEU meter into any anraement, contra~ctu~ or ather~vise, wig sod other entity, person or orgazation, ELi~VI shall cause such other en~ty, person, or organization to adhere to, conform to, and be subject to all provisions, teams, and conditions of this Agreemment and to ~on~ ch. 351, inclu+d~ng reporting requirement, separate funds n>intenance, and liitations and phibi~ons ' ' to expenditure ofthe agreed pay~en#s and hotel tax fads. i k F HOT funds PY~O Eton ~ounry 1Vtratxms Fagg ~ f ~ Enos ~ ~ ~~r~to~ Cor~r~~v ~ i a~ ~8 -s ~ a r ~ ~ , k I r I Independent Contractor. NiUSFU1I~S shah operate as an independent contractor as to all services to be performed under this Agreement and not as a~n ocer, agent, servant, or employee of NISEUM shah ha~re exclusive con~ai of its operatiar~s and performance of services hereund~r~ and such persons, ent%tres, or organisations performing the same, and USI~US shall be solely responsible for the acts and omissions of ids directors, offiicers, employees, agents, and subcantraactot~. U~Ul1~ shad not be considered a partner ar joint ventumr with CITY, tsar shall .UEUM~ considered, nor in any manner bald itself out as, an agent or official representative of CITE. l 5. ~ndem~~fica~iun. TIC THE EXTENT AUTHDRI~~D ~ LAw, CJSEUIVIS ABEE TD INDE~INI~'Y, HI~LD ESS, A1~D DEFEND I~ITY, ITS I~FFII~ER.S, AGENTS, AND EIVIFLD~EES FRAM AND AGAINST ANY AND' ALL LAIC SKITS FAR i 1JURIES, DAMAI~E, LI~SS, ~R L~A.B~ITY ~F ~IA~'EVER BIND DH CHARA~"I'ER, A~I~1' SD'I' ~ ~NNE~DN wITH T~ PER~'[~RN~ANE 1VIUSEU . IMF THI~SE SERVICES I~~NTEIV~FL,ATED B~ THIS AGREEMENT, INCLUD~N' ALL. . . SUCH LAiII~S I~R CAUSES 0~' ACTII~I~ 4 BASED UP~l~1 CDNINII~N, ~NSTITUTI~NAL R TATUT~R~ LAVA, ~R BASED, IN wH~LE IN FA.~T, ~[~PDN ALLE~ATIDI~S OF ILICENT INTENTIONAL .A~°I'S DF MUSEUM, ITS I~FI~'ICERS, EMPL~~EES, ANENT, SUBCI~NT~AT~R} LICENSEES AND IN~TTEES. 5.4 Assignment. MUSEUMS shad not assign this Agreement without first obtaining the written consent of CITY. Notice. Any notice required tv be given under this Agi"eem~ent or any statute, oxdinanc~~ or mgulation, shall be effective when given to wrung and deposited in the United Mates mail, certified mail, return receipt re~ucsted, oar byhand-delivery, addressed to the respective parties a~ follows: 4 CITY I~IUI~UIS pity lVlanager Denton eunty t City of Denton Nruseutn . l l ~ l~, Money ~eorg~a Caraway, Director Denton, T ~~0 ~ 1 ~ a I~ickory t. Denton, Te~cas 7~2~ l Inurementf This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth bin shall be binding upon aid inure to the benefit and obligation of CITY and MUSEUl1~S and their respective successors and assigns, S.7 Application of Laws. All terms, conditions, anal proviiar~ of t1~s Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ardi~anes passed pursuant themto, and all ~udicxal dete~ations relative thereto ~ HST Funds P~Y~049 Dentin onnty ~useuYns Page 7 Sep 1 2~~8 ~ ~ ~~0 Ail Deg#~n ~u~t~ ~ p. ~ 5~ 3r~$ . ~ w. - - - - f i l i } ~ F ~ a .l f A 4 ATT`~T. A~~~~D A T~ L.. ~L ~~i~. ' ,.r`"' • Fri. s 11 1 ~~~~4/~~ Ll~ ~TT~~~ i ~Gin~ ! ~~~T~~ ~4 l ~ . ~ I ~ . ~ • i • ~ t r ti ~ ~ ~~r~i r~~~~ ~~~~~rrrNl~~x#~~~~~ *Vr 11{ 1 ■ ~ ~~f V D~ ~T ATT~ ~ ~ - i 4 i i f 4 f ' I f i 1 A HST Funds PY2409 Itoa oun Museums e 9 yep 18, 20~811:~~ AM ~~nt~~ C~u~#y ~ ~ p. ~ 52 ~f 3~$ _ ~ Exhibit A _ Dnta~ punt ~ ~ ~ ourthoue on the Square, ~4fr~can Amerfcan anal Bayless-elby Howe ~f~eur~, Welcome enter, elm Ridge United elf~odis~ Burch anal 4~~house antraat Applicant . PY~~~9 Budget f I ADVERTISING ~ Block Advertising ; x,400 Brochures ~ ~ ~ ~ 3,50 Magazines and Internet ~ ~4,ggg 29,90 ~~TORIAL Furnishin ~ E ui ment and ~ lies ~ 10,000 ~ r q ~ ~p Restaration~Repa~rs and Maintenance to Facilities 21,000 Archival Reference Banks ~ 5~g contract Labor 15,aDD office Supplies ~ ADD Historical Park Manager -Partial Salary ~ 29,OD4 Memherhip Dues ~ 000 7fi,~~g Total Request ~ 0,550 . ~ I c AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Festival Foundation for the payment and use of hotel tax revenue; and providing an effective date. ($90,000 -Hotel Occupancy Tax Committee recommends approval 2-0) BACKGROUND This agency is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for aone-year term beginning January 1, 2009 through midnight December 31, 2009. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW The Hotel Occupancy Tax Committee reviewed all budget applications and recommended allocations to the City Council during the Work Session on August 7, 2008. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $90,000 for FY 2008-2009 and has been included in the Annual Program of Services. EXHIBITS Ordinance Contract Respectfully submitted: Bryan Langley Director of Finance s.loux docutnen~lordinancesl~Sl~ot fundsl~estivai foundation ord.~oc ~DINA~E N. A ~I~]INAN~E At~TH~R~~IN~ THE QTY l1~IAI~A~ER T~ EE~TE AN AGREEMENT BETWEEN THE QTY OF DENTIN ,AND THE DENTIN FETI~AL F~~TNDATI~N FAR THE PAYMENT A.~D USE OF HOTEL TAB RE~NL~E; AND PR~~IIIN A~ EFFETI~E SATE. ~'HE ~UNIL ~F THE ~~TY ~F DENTIN HEREBY ~R~AIN: ETI~N The pity 1V~anaer, or designee, is hereby autho~l~ed to execute an a regiment betvveer~ the fit of ~ent~~ and the Dentan Fe~ti~a~ Foundation for the payment and ~ use of hotel tai re~en~e, under the berms and condlt~on contained 1 the agreerraent, ~ copy of h~ch is ttaehed hereto and made ~ part hereof. ETI~N This ordinance shall become effective ~mnaediate~y upon its pasa~e and a.proval, ~ PAEI) ~ AFl'R~VEI~ this the day of ~aaS, 1~.. BURR~UrH, ATTEST: JENNIFER ALTER, CITY ERET.AR~Y BY. ,A.PPR~ED A TO LECrAL ~'~RN~: ~HN . KNI~rHT, Y ITT BY: i .w z t I 1 - ~~r~~ ~ - ~~v~D I1~ ~ ~A ANSI ~]F ~A R ~ ,~~E~~N~ rnae ~ e pity ~f toy Texas, a mn.e oxrat~on ~ and eval Foundation, Inc, a ~ega~ entity incorporated under the ~ of the take ofT~ the "F~l<~DA`I~DI~"~; ~ M T § ~ ,ooh authorl,' the T to le by ardananee a ~Y ~ncal tel occ~aney tax ~`ote~ not exceed~.g se~cn pent ~7°~~~ ~ of the conslderon - pa~id by ~ ~I accupan and by once, ~ has provided for the a~sess~nent and collecction of a m hotel #ax ~n the ~ ofDentan of seven ' t 7°~~ • and ~ ~cY ~ ~ f ~ Tom. `F~x ~ ~~5~.141 {a~ a~ar~zes e ~ use revenuue from ~ municipal hotel ~ ~ to pron~ate toum anal the conveion and hotel lnduy by a~v~ and eon sol~c~ta~o and pro~notlon~ programs to attest ups and converon delegates or to the m~nielpal~ty ar i vity; and ~R~, ~O~A'f~~N v~ell equippad t+o perl~or~n those av~~es; and Tom. Tex ~ ~ 1. ~ ~ ~ authon~es ~ ~TI`Y to deli by cor~t with the F~t~~~~, a an independent entity, the management end s~pervion of p~ and - activities of the type desbed hereinahove funded with ~ revenue from the m~u~ueip~l hotel oupany tax; ~ cx~nstder~ttion of perforn~.ance of tl~e mutual eavenant ~d pr~tn~es ~o~ed herein, the a e F~NDAT~~I~ a and cont~ as faho ~ - . I. T~ PA 1.1 ~de[o~. For and ~n ~deron of the activities be performed by the F~3UD1~1~ under the ~.gree~nent, ~e ~'Y agrees to pay to ~ F~t~~7~~ a p~rtron of . hotel avenue collected bar the at the rates and ~ the manner sued here such Yment hY the ~IT~~ to the ~~t~AT~~ sorneties ham. referred ~a as the . paypts'~ or ~~otet f~nds'~~. o~P~e~,#a. ~a~ As used ~ Agent, the follong terms shy have the following speck fit} ~ The teru7 "hotel ~ revenue" shad dean the s~ n~on~ collected and a rexved by the pity as ~uni~p~l Patel occupy tax at rye of seen percent ~7~~~~ of the price paid for a ravom ~ a heel, meant to ~`es Tax ~ ~l.oo~ aid ~~ty ~e xo~Fu~ ~o~ - ~ ~ ~ ~ - 4 Y k A ~ 1 ? I rd~.ce. Hated revenue wi~1 include penalty and iutrest related tv the date end ~f t~Ie ~~~u~ ~ 4 The tam "alletian period" will scan the cohect~on period far the ~ year It ~ include hol tax venue due the pity for the relevatrt fiscal year and ~v~ though e ?mod day of the ~aanth foov~ing the close oft~e reieva~ s~ year. . ~ ~i~i~ The tern `fie payment naunt" sha~1 mean a net amount of n~aney dual to the total ho~e~ tax revenue collected by th+e ~'T~ d~ any relevant period of tip fir. , ~ ycar or ~s qua~ter~, lei: ~I ~ avrr~ey and `auditing caste incurred during such ml~ of tlrne for casts of collection ar uditin of hotel ers ern and ~ ~ ~ ai ' casts ~clude fees ' d to s or ent got in the re gar em ~o of the 1TY ~ eY ~ ~ far which moneys or dents effect co~.pliance o~ callean of the hotel tax from ta~paye~; and court s and other expenses inch. in lgatiou against or auditg . of ~ Myers, ~ ~iv~ Tie term "contract quart" shall refer any quarter of the calendar year i~ which this ent i ~n farce. ntract quarters will ~ an ~ I June a~, a , and weber l~ of each contrt year. ~b~ l~ return for sa~sfactory performance of the activities set forth ~ the Ag~eee~t and h attachrnents hereto, the shah ay to F~l~]AT~~N an ama~nt of money ~ ~ each ~ - cootra+ct year eq~ to the lesser atnaunt of ~x and ~ c one Hundredths punt ~G.~°Io~ of the annual base payment an~aunt ar fixed contract amount of ~ine#y Thousand ll~rs This aamaunt will be divided ink qua~e~rly payments equal to ~5°~~ ofthe annual fixed cantrt aunt, unless the ITS can show wi#h reasan~bl certainty that the annual base payment amount will less than arii~y estimated far the ~ year. The fourth quarterly payment will present % of the fixed contrast arnnunt or the unpaid ~ of ~ G. ~ 9~~0 of ~e b~ payment arnauut, whichever is Ins, l ~ach quarterly payment is subject to receipt of unused fiaas from the pti~r contract period and the receipt of the rewired quter~y reports. 1,3 ~ of ~a~ Tie team narte7l a cuts" ~ r b the lT~ to q y ~ Ym ~ l~ Y F~tTN]~AT~~I~ of thaw amounts peed in ~l shave, as detern~ned by the hotel tax revenue co~ected. ~ ~b~ Bch quarterly payment shall be paid upon rece~pt~ of the reared reports and after the ~ day following the last da of the contract uarte~'. ~f ~ 1 anciai rt is not ~ ~ ~ Y ~ r+eivcd win ~ ~3~~ days of the a of the applicable c~~ct quter, the cipient .y be held ~ of this Agreement, The CITY may withhal the gtu~terly yment(s~ ~ the app~priabe orb are received and approved., v~hich ~ s~ not be unreasonably withheld. ~ - ~csavat ~0~' larding ~~49 - P$e ~ ~ 4 i i ~a~ 't'he fr~ndin of this project ~n n~ way cots the ~~T~ to ~ ~un~ of this ogra, beyond the current na~act perm Any future funding is v~e~y the resgon~bility of the F~~A~~N. ~ ~t ~s e~pre~y und~ood t the Contras m n~ way o~hga~ fund or any other manic or credits ofthe ~'f~. ~ } ~c~ ~ may withhold father a~oa~ons ~f ~~'Y determines ~ ~~A's exp deviate ~~y ~ tir moved budget, 1 ~.1 Use of ~5. for a in Coideratio~ of ~ pay~ae by the ~fY the ~~~~A~~N of the ~ payments of hod Funds spe`i~d ~bov~, ~e ~'~NDA~ arses tv u Bch hotel tax fads only for ad~~ and conducts so~citatio and promationa~ rogram.s to attract tom anal convention delegates or regime to the municipality or its vici~ty; as well as the pramo~on of you though the enCOurage~~ent, p~mo~o~~ ~-roveme a~+d app~ca~an Qf ~e a~'tS, ~i~ ~enta~ and ~oC n"~u~, dance, , Gt'e~1i~~ ah~tect, design a ai.lied ~eld~, scu~~ea photography, gra~h~c and crab ar#s, ~o~on pyres, I'0, tape ~ 50~ reCOrd.~n~, and other ~ r~e~d ~ ~ p~~, execuon, and exh~`bition of these for ads fog, as authored by Tex. TA. DE ~ ~ ~ . ~ ~ ~ ~a}, ~~ands fur any calendar year which are unused midnit ~ ~ecc~nber I ~ of that year ~ be refunded t~ w~t~n suety ~~o~ days. ' e T hotel fonds moved. from the ~ by die ~~]A.T~~b~ nay be spent for day ta~day o~pera#iops~, oCC supplies, sa~a~es, gavel exptiens, and other ad~ini~tive cosh allowed by T"~. ~`A C~D~ 3 ~ . ~ 0 ~ ~f~, but o~y if b are day attribu~~e word on p~ratns which p~mrote tourism and the hotel and conven~on industry, ~ - if oaCh promotes at least one of the six wry purposes eriume~ated wither ~`AX BODE 51.10i~a). ~ ~ ~n U~ ofl~ ~ - ~a~ ~ portion o€ toy administive costs of the ~'~tTA~~~ for which hotel ~ funds nay be used shall not exceed that potion of the I~~~DAT~~N''s ' ~ '~e ~s uurred condung the aetivi~e spec~.ed ~ , ~ above. ~ I~otei tax funds may not be spent for eel for person to ~ an event or conduct an avity the primary purpose of which not dirty rested ~ the pro~ro~on of ion tour~n and contention and hotel industry or the performance of tie person'sr fob ha an efbcient and professi~ rn a ~fi~~ ~~o~ HQ~ ~~n~'m PY~ - Pad 3 I r ' F ~ - a i I~ {{4 I ~ t ~r~ i ~ F~~AT~~N' ~ and submit t~ i er QTY . annum ~ ~ ~u`.t "A as approved by ~ ~~ty ou~c~l for each calendar year, for snch v~ero of the F~~ATI~~ fended by hotel tax revenues. This budget ~ ~ca,~ly ldemify pposed of hotel ~ fcnc~s by the F~~DAT~~~. h~ other words, ~e ~ should be ably ~ audit s~~~y the purpose each ~d~d~ expenditure of hotel ~ funds fxo~ the aeconnt rebating ~ hotel tax f~mds. `The 1T~' sha~~ t pay to the ~C~~~T~~ any hotel tax revenues as set fah in Sewn ~ of the cont~raet during any pr~gra year of ~ uses a budget for such nespetive proms yeax has been a~o~ed ~n ]+jf~ ~ + ~ . ■ ~ f ] ~ ~ ~ent~Dn tty ounl, authar~~g the expenditure of funds. ~`a~ur+e ~t an 111 annum fidget may be coded a breach of cvntt, not remedied ~ considered grounds for 'on of this A~g~ement as meted ~n paragraph 4.~. ~ The F~~DAT~~ acknowledges that ~ apova~ of such budget Benton qty ~ des a fiduciary duty in the ~~~DAT~~ Frith respe to the hotel tax funds paid by the ~ to the F~~IDAT~~N ender this Agent, Tide F~~~T~~N shad expend hotel fumes only in the manner and for the purposes pece~d { iu this Areernent, Tex. TAB C.~DE 1. ~ ~ ~ and ~ e ~ as approved by e TTY. i The ~~LDt~T~ON shall I~1.c'i1~ta~.n hnte~ # funds pa~c # 1~1 ~ Sepai~#e ~ ~x v~rith eggatd fund ao~In~~ ~Gh # r any tunable person re~e the source of~diture~ ofta fu~rads. i 1 3 The ~~AT~~ ~ ~ta~n plete and accurate anc~al records of etch expenditure of the hotel ~ funds na~de by the F~~~'~1~. These finds ski be coed as r+estnted funds far audid financial. purposes; and may not be used for contracted ~er.ccs, ~cludang, buy eat meted to, audio ~ and attorhey fees. Capon reasonable a~dva written ~ of the Denton pity ouacii, the pity 1Vl~nag or , or any other person, shad. ~ak~e such financial records ava,~lable for i~tion a~.d revi~ by the party making the request. ~D~AT~~ uan d accepts tl all soh a~ancial cords, and any other records rela~ng to the Agent shall be subje to the ~uhiic~ ~or~n~ation ~4ct, Tex, ~v'~r ch. 5~ as ~ arn~ended, 1~ Af~~ receipt of hotel tax ids and wit~u ~ days after ~ end of every comet qur€er,. ~D11I~DATIDN shah fi~i ~ a con~eted an report, a list of expender or copies of the ~ invoices or receipts made v~th ~egrd hated tax ends want to Tom. ~ ~ o~~ 3 S t . ~ ~ 1 ~c~, and ~3~ copy of all facial rer+ds copes of ~ and back cleared checks or bank statements, o.er relevant ~u~nenton}, Bad ~i aid expcr~diturre reports ~ be ~ form either or approved by the pity meager or designate. The ~~ATIDC shall respond promptly to any request firm qty tanager of the , or de~rte, for add~~o formation relating ~ the activities . pe~forrned u~r this Areem~t, f Festival Fol~nda~ion H~'~` ~il~lc~ P~~9 - g~ 4 ~ i II 4 Y 4 i 1} +7 1 L 4 i f ae a~ The F~ ~A.TI~ shall 've ~thc er of the CITE, ar his Y ~ design reasa~Ie dvan~ce t~ native of the tide and Ala of ail m~ of F~UNDATI~~1' ~ aaxd of D~tots, as well as ~ athe~ ~ meets of ~ constituency of F~I~D~.TI~ at ~rhich this Agent or any matter the suh~ eat of tbus ge~nnent sh~rll be oansid+e~ This ~rovi~on ~ Hat be dammed to gnir~e the ~~[~A~~ to nonce of any e~eeut~e won of the F~ecve Cam~nittee of the FtJNI~A.Ti~. t c s 4.~ T~.e tam of this Agreement shad conenc~e ~on Jan ~ and terminate + * 4 ~dn~ht an January ~ aver, Aran period shall commence on January ZUO and at n~dn~iht an Dece~nbex 3 ~~0~. ~y those expenc~tures authari~d by Chapter ~ ~ of the Texas Tax Cade and the pragrn gdel~ whieh are ~ctuahy d~ the grogram prod, far e~vs and acctivi~cs tak~g pace within the program period, are eligible for fd~r~ ~r the a~ut, y ine~igih~e expendittes~or funds shah he~ forfeited to ~ ~ te~an of the A~aement, T ~~e~. ~a~ This agreement may he by ether pariy~ v~nth or v~thaut cause, by grv~n~ the atr qty sixty days advance vtten notice. . ~ h~ the event this ntract is terminated b Dither ursuant tv Sermon 4.~~a~, Y PY~ e ~ agrees reimburse the ~'~NDAT~rii far y cantra~ abliga~ons of the F~DATI~ unda,~en by the F~UATi~I~ in satisfactory perfor~nan of those a~ctivies steed ~ ~.I ~ above a that were approved by the Co~nf thxough~the~ budget, as Hated ~ l . This reiuabursement is cnndi~ioned upan such contractual abilations~~~ having been ~neurred and entered ink in the goad faith performance of ase~ ervicesf cantempled ~ ~ and above, aid further condi~aned n such n~aat oh~iations having a term not exceeg the full tern of this Amt,, atwi~.d~g any pravisian hereof to a contrary, the abti~atian of the CITY to reimburse the F~tJDAT~~I~ or assuo~e the ~exfo~anee of any cantraetua~. obligations of the F~~~DATI~N far or under any con~t entered iota by the F~tDATY as cantemplated bereii~ shall Hat exd of the current quarterly payment. ~e~ F~nther, u~an t~nation pursuant to ~4.~~a~, the FLDA~"IC X11 provide the CITY: ~ ~ ithin ~ ~ business days from the `on ~oti~cation, short-tee budget of ~rahable expenditures far ~e remaining ~a day period b~tv~een termination nvtsfica#ivn and contract t~er~ination. This budget will be pmsented to Council for approval v~thi.~ ~ ~ business days aver r►eipt by CITY. ~f far~mal approval is not liven t I ~ business days and the budget daes Hat antaan any expenditures that would be prohibited by the Texas Tax Code, and is ~ the cut~rent cantctual per~iad approved budge; the budget v~ill be considered prv~ed; ~i~ D days, a full a.cunting of all expenditures Hat previausly audited by the pity; 3~ Within ~ basiness days of a request dam tha C1T~; a Iis of e~ ditures that have aced s~ the las# required r~orting period; a I~nal accounting of ail e~d~tures and ~ fins on a day of 'on. 'The F~~AT~~~ ~Il Abe vbiiated to return any amused funds ar funds deter~,.ined to be used hnproperly, Any' u of reaming funds by the oval ~~~ndat~on HST Fund~,g P~~~09 ~ Fie r -'i i ~ 4 + 3' 1 ~ # i F~ATI~ shall respoble for they acts and om~~~~n~ o~ its direors, o~iee, employees, feats, and subeontors. The F~IDA~T~N sha~.l not be eons~der~d ~ ~ ~r . the T, nor shad ~ F~AT~~ b ~anidered nor ~ any manner h~Id out a an ~ or o~cial praesentative of rf, AND ~ `ICY, ~ A~~, AND EYE FRt~ ~ AAIl~T ANY ,ADD AI~I~ UI~S IN DAA~, DST' D~ IN ~ ~H ~ B~ ~ ~JNDA~N~ ~ tv~~ ~ ~ fi A , Il~IN ~ SDI D CABS AI~N BASS i~F ~Cl~~ ~A~ ~R ~'AT~'~~I~Y LAS, ~ Il ~~I R ~ PA►IiT, UPON ,~~~N ~F N~~d~~ ~It ~A~ A"T ~ F~~DA"0~, I'll ~C~, . ~ AII~'I, U~N'1'A~R, I~IC'E~~ AND ~.4 The F~NDAT~N shall not assi his ent withot~ ~ ~ . . . the eoent of the : R ~ ~ Any no~ee wired to given ceder this Aenaent or any ate, ordinance, or r~ega~nn,, shah ~e effec~ve ~ given ~ wni~ and depoai#ed in united tas ma~1, r~erti~ied re~rn receipt requested, or by d-de~~rery, addressed to the serve parties a f~~a: f ~'~DAT~ xty ~ ~ Denton Fes~val Found~~on, inc. iy of~on Carat Short ~ l ~ lUtc~xie'J~y ~e~ival nord~nator Dor~ T~ ~~L.ro ~ P.~a ~UX ~ V ~ Denton, Text 7~~0~ W ~ 04 E f~nr'~#. This Agreement and each prvv~s~on fiefs and and every right, dt~, obliga~nn, and liah set fo~h herein shy. be binder upon aid inure to bene~tt and oblia~on ofthe CITY and the FDVI]AT~O~ and their respec.~e ~uessa ~ asi 5.'~ o~ All fer~ns~ eo~t~ons, and provi~io of this Agreement are sab~ ~o ~cab~e fede. haws, state ~a~, the Chaffer of the City of ~ent~n, o gassed p moo, and a~ ~udic~a~ detern~inaon naive thereto: * Y ~ Y a e Agx~eme~t, Thy Agreement Contains the enure ding and cow the end ar+eemrt beten the parties heroto concexn~n the subject nester conned herein. Where are n~ psentatYOns, ~nen, ar~ngement, or un~ ~ nr ~tte~ e ~ 4 Y + ~ ` . o~ p~.ed~ between or ~nong the parties rela~n to the sec# nester of t~ Agent, which ane not fully express herein. The ter and eand~cros of #his Agmement shy prevail not~w~ any vance in dus A~e~ne~ .from. temps and di~ons of any other ~ument rem tO this tsaetion~ or these ~nsac~ons. l F~ Foun~~n ~~'r' Fta~dm P~D9 • gage 7 I 1 a ~ Ill ~~[~l~ed ~I~~ ~~~5, 5.10 Thy headings and suhhead~ ~ fhe var~~u~ see~o and paragraphs off' th~.~ Ag~t are txe~ted me~y fir the p~pose onve~eee and da not ~ or ~ an P~ ~ Y ~ * , de~.on, ox exteion ~ e ~e ~s of a ~i~n aid paragraph so des~g~a~ed. 5.11 b~. If any ec~on, won, paragraph, sntenee, c~~, phrase or word agent, yr app~ca~on ~y person or ~~ee ~s hid invalid by any eat off` compet ~ur~c~on, such holding sh~i nit affeet the vd~ of the ' ' dons of ty po and a paies hereby dlarc fey would have eked such ' ' par~io~s d i any sub ~nvd.~~y. I .1~ ltrau~e~ The FO~~,'TTO~ shall provide uran~e as fohor~s: ~D4,04~ mn~ere feral L~.ah~l~ , or $~,D~o,0~0 ~vt durance eon a~, evens ~ pie on City-owned pr~perty;~ tatu or~e~s' e~npena~io~n ern IO ~1's' ~~ab~~ P ~ ~Y ~Vyp .~SV~,4I~~ VV~WV}, amp Lxgnorl~ra~t shop chili for event ao~ on ~ owned ~ property where aleoho~ ~ be pra~ded or served. ~F must be ~ as a~ a~d~ti~ insu~d on all policies except aers' ompeusataan}, anal proof of coverage be sub~itt prior any Yee by the QTY. EUT~ t ~ day of ~ ~40~. T~ CITY F DT"ON, 'IAA I ~y: r~O~CE C. Ahr~PB~L, TI'Y ~lAA~R ATT`~T: AppR~VE~ A TO I~OA~ FORM: ~y: ~ • A~,T~R, . ~NI~H"~', ~F ~ITAR~ ~ A ~ I Fivat F~utian HOT Funding PY~o~9 -Page ~ - } _ r 4 N E ~ ~]~7'~ ~TAL ~~~D~T~~~, INS. 4 i k * ~ a ~ ~ I • r A~~~ A~~~~~ A ~.~A~, FARM: f s i I - ~ 1 I r I I i~ i r I i k M ' 1 f f 1 i Fad Fodatf o~ ~~T d PYZ~49 ~agc 9 . t ■ d Sj t ~F _ ~ i • ; { _ , s F ~ Exhibit A k - D~nt~n Fetiv~i 1`au nda~ior~, ~ i n. F ~er~tor~ Arts ar~d Jazz ~es~~val 4 M i ~ntr~ct Appl~c~nt ~1~~~~~ y4 ~ 1 r + ~ t ~ - ADV~RTIINC i . ~ _ - - Br~chure~~ - - ~ ~ ~ ~ - B,OD~ - -t - M~~azkne ~ - ~ 9,00 . S, ~0~ Newp~per Commer~i~~1Ph~#ogr~phy x,000 ~ 4 ?50 al~rie~ ~ - ~ ~ a ART 111~u~ciar~ ~ ~4,0~0 F ~ } ~ Y bite ~pera~ions - ~ , a~ari~ ~ ~ 4,50 ~ 58,50 4 Total Re rest 9~,4D0 j • _ , i - f I S - I 4 - 1 ri. ~#T - _ f _ _ _ AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Holiday Festival Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($8,300 -Hotel Occupancy Tax Committee recommends approval 2-0) BACKGROUND This agency is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for aone-year term beginning January 1, 2009 through midnight December 31, 2009. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW The Hotel Occupancy Tax Committee reviewed all budget applications and recommended allocations to the City Council during the Work Session on August 7, 2008. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $8,300 for FY 2008-2009 and has been included in the Annual Program of Services. EXHIBITS Ordinance Contract Respectfully submitted: Bryan Langley Director of Finance S ~ Y 1 H~II~11AY ~TI~ A~~ATII~, ~N. ~P~Y2~09} ~ fi~E PANT AND USA OF ~~'I'EL TAB R~~~E P~~ ~ uniei a1 cv ration made between the City of Der~~on, ~'exas, ~ ~ . p olida Festival Association, rric,, a legal entity incorporated under the r a~ad the Benton ~ the laws of the tate~ a~'exas the "A~AT7~~"}: k x. o~~ 3~ 1.OO2 authorises to bevy by ordnance ~ r~nun~c~pa~ ~RA~, T~ § " tel tai" not exceedin seven percent~~~°lo~ of the coideration paid by a hazel occupancy tax ~ ho ~ ~ hazel occupant and ce C~ has ravided fvx the assesst~ent and colle~on a ~A, by Erdman ~ ~ hotel occ anc in the pity cl' Benton of seven percent ~?°Io~; and un~clpal up ~ . a authar~es CIS to use revenue from its c tax to romotc tourism d ~ convention and hotel industry by municipal hotel occupan ~ p licitations and rarnotional pragrarns to attract tourists and conven~an advert~s~ng and conductnag so p c ate or re ' tests to the municipality or its vicinity; and del 'well ui ed to r~~rm those activies; and ~EA~ A~iA~~ ~s ~ pp 3 ~ ~ .1 ~ 1 c authorizes ZT~ to delegate 6y contract with T~. Tex ~ ~ ndent cr~ti the management and supervision of grog anal a5 mdepe s r . . ` d herenabove funded nth ~ revenue ~ra~n the mc~pai hotel acttv~~es of the type descnbe occupancy tax; conside~atian cf the er~ormance of the ~utua~ covenants ~ ah N~, T~EF~I~E, ~ ~ ~ ' tamed her ` QTY and A~~IATIO ag~`ee and contact as follows: pro~nlses con k • and in consideration of the cavities to be performed by ~.1 consideration. For naent I~'~ a ees to pay, to A.~IAT~O~ a portion of the A.O~YA~`iN under s A.ee nts b ~ at the rates and In the manner specified him such payrne hotel ~ revenue cohected ~ ~ t; eyries heren re~erre~i to as the agreed payments or hotel ta,x by ~"Y to A.~~A~l~ corn funds"}, 1,~ Amount of ~ay~ents. ` en~ent the ~ollo~vin texrns shad have the follo~vin specific ,~a~ As used. m than gre ~ ~ , mean~~s: . " otel tax revenue" shall m~ the gross monies collected and (1~ The term h ~ ~ 'ci al hotel occu anc tax at the rate of seven percent /off of received by as munl p ~ y ' a hotel ursu~u~at to ~ ~`exas ~ bode 3 ~ ~ and qty the pace paid far a room m , P . '(.Inl;~s.► ~'ior#iY1a~ ~+11T1~1T1~ ~1f - 1''~~P i r f 1 1 ~ ~ i i i 1 1 ~ e. hotel tax revenue will include penalty and interest ~ related to the late Ord~nanc payments of the tax revenue by the taxpayer. , i ii The llcfiian period." will mean the collection period for ~IT~'s . It wi.l.l include hated tax revenue due ~ far the relevant fiscal year and ~ thro the 2nd da of the month following the close of the relevant fiscal year. collected ugh Y ~ a term "base ent arnount' shall dean a net amount of money equal to the total hotel tax Fevenue collected by I ding fiscal year ooS, less. ~1~ attorney ditin casts ~ incurred during such period for eons of collection or auditing of hotel and au g ers a~torne and auditin tests include fees paid to attorneys or agents not in the spay ~ y ~ • la ol` TTY far which a~orneys or agents effect eomphance or collec~,or~ of the regular emp y a ers • and 2 court cosh and other expenses incwrred ~ litiga~ian hotel tax tom taxp y { } again, or auditing of, suchtaxpayers. ~ ' The term. "contract uarte~' shall refer to any quarter of the calendax dear ~ ~1~~ ~ th A ement is in force. contract quarters ~wih end on March 3 ~ ,June a , which this epmber , and Decernber ~ ~ of each contract yeas. In return for satifacto performance of the activities set Earth s A.gree~nent ch hments hereto IT~Y shall pay to AIAT~~ an amount of money 1n ea and all attar ~ ~ f the ` '1 the Iessez amount of F1fty~~rne One I~undredths percent ~U.5 /o} o contract year equal to ~ t or the fixed contact arnount ~af fight Thousand Three hundred annual base payment an~oun , . This a~no~nt will b~e aid in one lurnp sum on or before August 1, 2aa9. Dollars {~,3oQ~ F , ~,3 Dates of Payments. ents" shall Mean a ents by to A~IATI~- of those ~a} The term paym p Ym cued in ~ above, as determined by the hazel tai revenue collected. ar~no~nts pe ¶ went shall be -d u n receipt of the requixed reports and after the each quarterly pay p° ~ da of the can~ract uarter. If the quarterly financial report is not received day follawlr~g the last y q . - the end o~ the liable contract quarter, the recipient may be held .in within thirty {~a~ days of P this ~ ment. CITY may withhold tlae quarterly payn~nt~~~ un~l the appropnate reports breach of ree . ived and raved, which appro'~al shall not be ur~re~as~nably withheld. are rece apP 1.4 ether lim~tat~nns ~reard~ng conslde~atiun. din of this ro1`ect in no way commits ITS to future Funding of this progxam 4 ntract eriad. Any fure fw~d.u~ is solely tie respon~bty beyond the current co P ' ssl understood that this contract ~ no a~ obligates the general pond or any ~ It ~s expre y r ~ other monies or crechts of ~r►I;r~~~r F+P~tiVSi~ ~-+TIYIC~i1T~ ~ ~ ~ { ~ _ _ ~ i ` er a~locatlons ~f ITS determines that ~OTIOI~' ~c CITY may withhold forth ex endures dcate materially from heir approved budget. A i II. U 0~' ~IUT~~ TAB. ~NI~E For and in considera~on of e pa~men~ by ~T~ to AO~ATION of the ~,1 Use of ~un~s tel ids ~ ci~cd above, AOIAT`~ON agrees ~ such hotel ~ payments of ho pe * ~n alid conduc~~ sollclta~~ons ~ prol~Qt~~nal proms attract toux~sts funds only for ad~ert~s F to tae munici ali or its vicinity; s aut~ari~ed by Tex. Tex and co~ven~on delegates or reg~strant~ p ~Y ~ ~ calendar ear which are unused by midnight December 3 ~ of o~~ ~ ~ . ~ ~ ~ ~a}. Funds for ~ Y ~ that ear shall be refunded to C~T~Y v~rith.iu sixty ~~0} days. Y 4 itrative o~t~. The hotel tax furxds received from by AOT~ may ~.2 Adua -to-da aerations office supplies, salaries travel expenses, and other be spent far day Y ~ ' ' wed b T`x. TAx ~O~F 3 5 ~ . ~ ~ 1 but only each such expenditure ~s ~~n1~lStrat~v~ cUStS ~ # . • ' ~ worl~ on ro s which pra~nate tours and a hotel and conven~o~a dlrect~y attnbutable to ~ ~ , . one of the six tutory purposes cnurnerated within Tex. T~ industry, and pro~nates at least r 01.1 Speck estrict~ons on Ilse of funds, ~ } 'on of total admir~~ve cons of AOOIATION for which hotel tax . ~a~ That porgy i exceed that Sian of ~~CIATf ON's administrative costs actually funds maybe used shall not po ` conductin the activities ecified in ~ above. ~ raced ~ vel for a rson to atkend an event ar conduct ~ hotel tax funds may not be spent for tr pe ' ~ ~ of local tauris~n actxvi the urpose o#` which is nat directly related to the prv~no~un an tY> p`Y p t ind and the ormance of the person s fob xn an efficient and and the conventaan and ha el ustry P~ professional manner. ~~P~ ~.ND R~PDI~~'I~~ ~ ~ ICI, I~C~J~D ~.1 budget. to the i Nl ex of l'r~ an annual a ~S~OI~T~OI~ shall prepare and subn~ ~ ~ ~ ~ endar ear far such ~xlubit as a vved by the ~ ounc~l far each cal ~ budget see s ' ON an~ which the hotel tax funds shall be Used by ASOIA. Thy operations of SOOIAT~ ' to ro sed ex nd~ture of hotel tax frauds AOlATIO. budget shall spec~cally idea fy p po ~ . . . audit cifica~ the urpose of~ each uad~v~dual expenditure of other words, ~ should be able to spe Y P e se orate account relag to hotel tax. lT~ shall not pay to hotel funds from p ~ . hotel ~ revenues as set forth m Sect~o~ Y of this contract dung any prag~ ASOOTIO~I y roved ~ ' eernent unless a budget for such repec~~ program year h been app year of s Mgr . ` ` Oi ou~acil authai~ing the expenditure of funds. failure to submit an wr~tm by the Denton ty , ed a breach of contract, and if riot remedied is considered ~raunds for annual budget may be co~s~der Lion fthiis A ernent as stated in paragraph ~ t~ ~n~~r~~rr ~i~q'h[1+~~ F'1111~1Y11$ ~~G~~~ ' is I a ~ ~ i ackr~owled es that the rova~ of ~u~h b~~e~ by tie I~er~tan ~t~ ~ AS~~YAT~~I~ ~ ~ ounci~ cremes a f~duci ~ in AIATI~~ wl respect to the hotel ~ funds paid by Y tY . I'T~ to A1A~~ render is Agreement. A~CIA~ shall expend hotel funds ses ified this A ement, TAB o~~ ~ ~ • 1 ~ I ~a~ anly m the manner and for the purp~ pec and in the budget as approved by rT~Y. to Accounts. AO~AT~~~ sha11 maintain any hotel tax funds paid to epara A~A~~~ b ~T~ in a separate accaunt or wlth~ segregated fund accour~t~ng, such that any , r reasonable rsan can ~scerta~n the revenue saur of any given expenditure. . hall n~aintai~ c~n~ fete and accurate financial 3,3 Financ~all~eords. ~~~~ATI~N s p of each ex nditure o the hotel tax funds made by ~A~IAT~~I~. These Funds are records pe roared to be classified as restricted funds for audited financial purposes, and may not be used for ntracted services includ~n # but not limited to, auditing fees ar attorney fees. Upon reasonable ca ~ ~ , advance written re nest of the ~entan pity ouncit, the pity ;Ntana.ger ~r des~gate, or any ether A~~1A~~ h~l ~e such financial records available far inspection and review by person, the r nest. A~~~AT~O~ understands a and accepts that all such fuaanc~al the p~ irn eq ~ . d an over recards zelatin to this Agreement sha~~ be . sub j eat to the T~~as ~ubl~c records, an ~ ~nforma~~n Act ov'~r o~E> ch• 552, a herea~er anae~n~ed, its. Aber initial recei t of hotel tax funds, and within .tlai~rty days a#~er the ,4 ur~er~y repo P d of eve uarter thereafter, until all funds have been, expended and reported to TTY, en ~ ~ a list of the A~YATI~ shad fiaxnish to ~`Y. a caznpleted ;financial report, ~ } enditrares ar co ies of the invoices or receipts made wig regard to hotel tax finds pursuant to exp l? ~ and ~I~ A~ ~~E 35 I , ~ ~ I c d ~ capy off` all hnanc~al records copses affront , Tex, § ~ ~ r bank statements and other relevant documentation}. ~vth the fi~c~ and cleared checl o ~ . nditure re orts ~uvill be in a form either determined or approved by the City ll~anager or expe P ~ i Maus er of deli te. A~~IAT~~N shad respond promptly to any request from the oar deli te, for addi~anal inforrnatian relating to the act~vlt~es performed under this Agreement. a Mice of N~eetin A~~IA7~~N shall give tl~e pity Nranager of ~IT~, or his 3. ~ ble advance written notice of the tie and place of all meetings of designate, reasana ~ ' and of Directors as well as any other meeting of and constituency of ~~I.ATI~ s ~o ~ ~ . at which this A cement or any matter ~ub~ect to t~s Agreement shall be ASIAT~O, f, considered. ~V. T~ A~~ TERN~A'~~~1!l Term. The term of this Agreement shall conence on ~`anuary 1, Z~~9, and terminate at 1 .lan 31 ~D ~ ~Iawever, the program period shall mmence an January 2~~~ midnight on nary' ~ at z~ tan December 31, 2~~. ~y those expenditures authan~ed by.haptex and terminate gh Tax bode and the ra am guidelines, which are actually ~ncumed during the 351 of the Texas P , ~ `a far events and auctiv~~.es taping place within the prate periods are eligible ~ for s pro ~ F ' ' ~ ent funds shall be forfeited to funding under t~s agreement, ar~d any ~nelig~hle expenditures, or unsp . upantei~vna~an ofthe Agreement . f• i I L?nl~rl~s~, ~aati~~~ T~C1"C' ~»ri~iri~ pv~~~~ - ~ ' ~ i i M F 4.2 T"erYnmatlon wlout ause. ` r ~ This A eernent n~a tenat either per, with ar without cause, by giving Y ` ce written notx~. 4 the other p~ stay ~G~~ days advan r - f ~ ursuant to ect~on a In e event t contract ~s ter~n~nated either party P ~ ~ . SIT a ices to reimburse A~~IATI~ for any contractual obligations of A~~I~Tl~~1 undertaken ~ ~~IATIN in satisfactory performance of those activities specified in l Y and above and that were approved by e Cauncil thr~u~ the budget, a noted in X3.1. This s ' ursen~ent is ccnditianed u ors such contractual Qbligations having been incurred and rob p tend into ~ the ood fay erforrnance ~f those services eonten~plated ~n ~ and ~.2 above, en g p ~ er conditioned u an such contractual abl~gatxens having a tern nat exceeds the fu~~ - ar~d forth p ' cement. Nat~ithsta~adin any prnvxsion hereof to e contrary, the ob~~gatian of teen a~` this gr t re~naburse A~~I~~'I~~, or tc assume the ~ performance of any contractual ~T~ o abli ations of ~.~IATI~N, for or under any contract entered rota by AOIATlO~ as contcm fated herein, shall not exceed G ~E3~Io of the current quarterly payment. p c Further u are termination pursuant to ~4.~~a~, A~I~TI~ will erode CITY: ~ ~ ~ . ~ ' ~ mess da s franc the trmv~a~on nat~ficat~ona a short-term budget of p~ababie l} w~th~n 1~ b y i 'tomes far the ren~ainin~~ GO day per~ad between termination ~aot~f~cat~an and contract epend~ ~ ~ . . ' 's hod et will be resented to ~auncil far approval vsr~thua l ~ business days after term~nat~on. Th1 g p i t b CITY. If formal a royal is not given within 1 Ubusiness days, and the budget does re p y ply ntain an ex enditures that would be prohibited by the Texas Tax bode, and is ritha~ the nit co y P d a roved ~ within current contractual eriod approved budget; the budget will ~ be cons~dere pp } p ' ~ ~7TY' 3 ~U'ithin 3~ da s a full accountin of lI expenditures not prev~ausly audited by ~ y ' ~ ~ ~ the last usiness da s of a re nest from 1TY~, a l~st~ng of expenditures that have occurred since b y ~ ' riad• 4 a ~nai ccou~atnag of 1~ expenditures and tax funds on the day of re~u~red reporting pe ~ } ~ ' ~~I,ATI~~ will be vbl~ ated to return any unused funds, ar funds deterred tnatlar~i A d i ro rl . An ~ use of remaining funds by A~iA.T~~~ after notificat?vn of to be use p pe y ~ ' ' on is conditioned u n such contractual obligations having been incurred and entered terminat~ ' e oad faith er~'ormance of those services contemplated in .I aad above and ~n Yn th ~ p conditioned u on such contractual obligations having a term not exreed1ng the full term f u~rther p vfthis Agree~ncnt. i . 'c ~'ermi~afiun. This A n~ent shall autonaa~c.Zy telinate upon ~1e . 4.3 Aut~mat~ occurrence of any cfthe fo~iowing events: a The termination of the legal existence of ~TII~; The insolvent of ~II~TI~N, the Wig! of a petition in bankruptcy, either ~ y tarn ar ~voluntarii . or an assignment by ,A~I~TI~~ for the hene~t of cred~t~rs, volun y y continuation of a breach of any of the terms or condi~ons of this ,gree~ent b~ ~c~ The ~ ' AQTI~N far mare than thin days after ~vrltten nonce of such breach ~ either ~T"~ or ' to the breachin b e other party; or ~ given g P~ y ur.1 ir~a~r ~'Pal-iu~~ F~lni~~11~ " i i F f 5.4 Assignment. ASSOCIATION shall not assign this Agreement without first obtaining the written consent of CITY. 5.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, or byhand-delivery, addressed to the respective parties as follows: CITY ASSOCIATION City Manager Julie Glover City of Denton Denton Holiday Festival Association, Inc. 215 E. McKinney P.0. Box 2765 Denton, TX 76201 Denton, Texas 76202-2765 5.6 Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of CITY and ASSOCIATION and their respective successors and assigns. 5.7 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of CITY of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 5.8 Exclusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this Agreement, which are not fully expressed herein. The terms and conditions of this Agreement shall prevail, notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 5.9 Duplicate Originals. This Agreement is executed in duplicate originals. 5.10 Headings. The headings and subheadings of the various sections and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. 5.11 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word in this Agreement, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity. 5.12 Insurance. ASSOCIATION shall provide insurance as follows: l . $500,000 Commercial General Liability, or $1,000,000 Event Insurance, covering all events taking place on City-owned property, Holiday Festival HOT Funding PY2009 -Page 7 ~ ~ M tatuta oxkers' Campens~t~ot~ ~ ~n~ Employers' L~abi~i~y ~ ~ ~~,~a~1~5~a,~aQ11 aa,~aa}, and ~ ~orfDra. ~o L~abi~ity for a~~ e~e~t occult a~ qty-avid ~ ~ ~ ~ ra ~ where a~caha~ Il be pravided ar ervefd. ~ F~ EUTE~ s day of ? ~ . V~ ~~A ~~V j I I . ITS .SAE . AP~~~~E~~ A T L~A.L FARM: TI'~~'. i A . Y1' 17.L.~ 1.Jy `~Yl. ~~~~11 QTY ~ DEN~'ON H~LT.~A~ TIDAL A~ I~. f~ Y~ ~airr~aD~rectar AP~R~VEI7 ~ T~ L~ FARM: A'T'T~T. w~ i 1 ~ . e~~ety . 4 t f ~nlir~a~ ~P~ti~~~ ~ll~1L~1Fl~ • ~~Q~ ~ I r ~ 4 i I ~ ~ i state of Texas ` 4 County of Denton, F This instrument was acknowledged before one on September ~~a8 by AI Camp. i ~►~,5. ~Fi~I~T~~IA DAIlr • MY C~MMlSSION ~~PIR~ „~`''A`~ OCTOBER ~~a~ Natary Public I N t t t F ■ f i Y Exhibit A Denton HMI i~~~r Festival ~o~ati~n ~ I r~~. Dn~orr Nolra~ Li hfrn ~e~iv~~ Y ' - contract App~~~~nt PY~009 Budget F I R 4 I ~I i 1-ILJ~~~~Fll M i Nespp~r, ~VB ~-off ar~d Billboard ~ ~,~0 E 1"otal Requ~t~ 8,3~~ . F i i I f i i i AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue to promote tourism and the convention and hotel industry; and providing an effective date. ($128,000 -Hotel Occupancy Tax Committee recommends approval 2-0) BACKGROUND This agency is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for aone-year term beginning January 1, 2009 through midnight December 31, 2009. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW The Hotel Occupancy Tax Committee reviewed all budget applications and recommended allocations to the City Council during the Work Session on August 7, 2008. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $128,000 for FY 2008-2009 and has been included in the Annual Program of Services. EXHIBITS Ordinance Contract Respectfully submitted: Bryan Langley Director of Finance s~~our docurnentslor~.inattces1~81hot fundslg~aC Ordin~nce.d~c D~DINAN~E N~. ~R.DINANE A~TH~~ING THE ITS iVIANAER T~ E~E~~JTE AN AN ~REEENT ~ET~EN THE ~IT~ DF DENTIN AND THE SEATER DENTIN ARTS A ~L~NIL FAR THE PA.YII~ENT AND USE HOTEL TAx REEN~E TO P1~DM~TE TD~RI AND THE CONVENTION AND HDTEL INDUSTRY; AND PROVIDING AN EFFECTIVE DATE, AREAS Tex. Tax bode ~ ~ 1. ~ ~ 1 authorizes the City of Dentop, Texas to use revenue from its n~uci . hotel accu ancy tax to promote tourism and the convention. and hotel ~ ~ us b advertiin and conuctin solicita~.ons and promotional programs to attract taur~sts and and y ~ canvent~an delegates or registrants to the n'~unlclp~llty ar its v~Cinlty; al~d HEEAS Tex. Tax bode ~351.10I~c} authorizes the pity of Denton, Texas to delegate ' Greater Denton Arts council, the n~anaen~ent and supervision off' programs by contract nth the d activities of the e described hereinabove funded with revenue tom the municipal hotel an occupancy ND, TREk"ORE, THE OUNIL DF THE CITY 0~ DENTON HE~EB~ ORDAINS: ETIDN I. The City IVlanager~ or his designee, is hereby authorized to execute an a reen~ent bet~een the Ci of Denton. end the greater Dentan Arts auncil far the payment ar~d g . use of hotel tax revenue to rornote tou~risn~ and the convention and hotel ipdustry, under the terms and conditiops captained in the agreeept, a copy of ~rhlch ~s attached hereto and made a part hereof. SECTION This ordinance shall become effective inediately upon its passage and approval. PASSED AND APPROVED this the ~ _ day of , ~0~8. 1VIAI A. BDR.ROUGHS, MAYO ATTEST: ~ENNI~ER ALTES, YTY EGRETAI~Y~ BY: i APP~~V~D A T~ I~EA~ F`~~1VI: JOHN ll~. N~C~~3T, rN.T ~ ATT~RI~~Y .~-~r ~,x,. _ ~~r ~Y~,; gage i tit ~ ~ _ f i r f ~ i 1~ i 1 4p T ' AREN,[NT DETwEEN THE OE D~NT~N AND THE GREATER ~ENTDN ARTS C~UNIL ~PYZQ~9) PRaviDil~~ FaR THE PANT AND SSE aF HOTEL TAB REVENUE THE AREL~IVIENT made between the City of Denton Texas a municipal corporation ~tiie "CT'TY'~}, and the Greater Denton Arts Council, a nonprofit corporation incorporated under a Taws ofthe State of Texas the "CI]A~C"~: wt1AS, Tex. Tex Cony § 1.aa authariz~s' CITY to le by ordinance a i v'Y munioipa~ hotel occupancy tax ~#`hatel tax"} nit xcedg se~~r~ peznt ~7~~0} ~f ~h~ consideration paid ley a hotel occupant; and , HEIR, by ordinance, CITY has provided for tie assessment and collection of a municipal hotel occupancy tax in the city afDenton of seven percent ~7°~~}; and ' ~A, Tex. T~~ Coi~~ § 3 S 1.1 ~ 1 ~a) authons CITY to use revenue dram its municipal hotel occupancy tax to promote tourism and the convention and hotel industry ~ R advertising and conducting solicitations and prama~onal programs to attract to~risks and convention delegates or registrants to the rnur~icipality or its vicinity; and wHEI~.)~A, DAC is well equipped to perform those tivities; and 4 I ~R E,~ , TES. TAB CODE ~ ~ S ~ , l ~ ~ ~c} authar~es CIT`~ to delegate by contact v~ith GI)AC; as an independent entity, the management acid supervision of pragr~n and activities of the e described hereinabove funded with re~'enue from the municipal hotel occupancy tax; ~s 4 ~1~, THEREFGI~E, m cn~ideration of the perfarrraance of the rr~utual covenants and promises contained herein CITY and GDAC agree and ~antract as follows: HOTEL TAx RE~EN~'E PA~1Vi~ 1,1 onsideration~ For and in coideratior~ of the activities to be' performed by C~DAC under this Agreement, CITY agrees to pay to DA a portion of the hotel revenue collected by CrTY at the rates and in the manner specified herein such payments by CITY to GD~C sometimes herein referred to as the "agreed paynier~ts" ar "hotel tax funds'}. 1.~ Amount of Payment, ~ . (a} used in this A,grccment, the foltowing teams shall have the following speic rneanings: , f ~i} The term "hotel tax revenue" shall mean the gross monies collected ar~d received by CITY as municipal hazel occr~paney tax at the rate of seven percent ~7~10} of the price paid for a room in a hotel, pursuant to Texas Tax Code 51.OU~ and City Ordinance. ~Icte1 tax revenue wi~1 include penalty and interest rerated to the late payments of the tax revenue by the taxpayer. G~A~ ~Y~oO~ H~`r ends antract ~ Page ~ 4 - - i 1 i} ~ V F ~ , i . ~ ~ii~ The term "Collec#~on period's will mean the collection period for CITY's fisc~aal year. It will include hotel tax revenue due to CITY far the relevant final year and collected #hrouh the 2nd day of the month following a close of the relevant final year' f . i {iii} The term "base payment amount'# sh mean ~ net amount of money equal to the total hotel #ax revenue collected by CITY during any relevant period of time ~i, e,, fiscal year or f fiscal quarter}, less: { 1 ~ attor`ney and audati~~ cots inured . during such relevant period of timo for costs of collection or auditing of hotel taxpayers {attorney and auditing casts include fees paid to attorneys or agents not in the regular employ of CITY for which attorneys or agents effect compliance or collection of the hotel tax from taxpayers; and ~ court costs and other expenses lnCUtred In llt~ga~on against, or auditing of, such taxpayers . {iv} The tenx~ "contrast quarter" shall fer to any quarter of the calendar year in which this Agreement is in force. contract quarters will er~d on iVlarch ~ June September 3~~', and Deccmbex 3 ] of each contract year. In return for satisfactory perfarmancc of the activities set forth in this Agreement and all attachments hereto, CITY shall pay to ~rD~C an amount of money in . each contract year equal to the lesser amount of~ Dine and; Mine one Hundredths pxcent {~.~~°I~} of the annual base payment amount, or the ~ fixed contract amount of one Hundxed Twenty Eight Thousand Dollars {$128,40}. This amount will be divided into quarterly payments equal to Z% of the annum fixed contract amount, unless CITY can show with reasonable cerir~ty that the annual base payri~ent amount will be less than ori~inalay estimated for the fiscal year. The fourth quarterly payment will represent ~~°f~ ~of the find contract amount or- the unpaid remainder of .O~~Io of the base payment amount, whichever is less Each quarterly payment is subject to receipt-of unused funds from the prior contract period and the receipt ofthe required quarterly report. 1.~ Ida#es ofPaymen#~. {a} , The term "quarterly payrncnts" shall mean payments by CITY to CAC of thane amounts specified m ¶l above, as determined b~ the hotel tax revenue c,~llected. . {b} Each quarterly payn~er~t shall be paid upon receipt of the required xeports, and aver the 2~' day following the last day of the contract quarter. Xf the quarterly financial report is not received within thirty {30} days of the end of `the applicable contract quarter, the recipient tnay be held in breach of tl~ Agxeerncnt. CITY may withhold the quarterly payment{s} until the appropriate reports are received and approved, which approval shall oat be unreasonably withheld. ~v ~ ~ i 4 GI~A~ PY~9 ~~'r funds C011~Ct - Fagg ~ { ~ ~ - F - - E i 1 ~.4 ether limitations re~artlin~ cons~~erratinn. ~ , {a} The funding of this project in no way comunits; I~'Y to future funding of this program beyond ~e current contract period, Any future ceding is solely ~e responsibility of FDA. {b} It is expressly understood that this contract ~n noway obligates e ene Fund or any other r~on~es ar credits of~T~'. {c} iT~ may withhold fux~her alloc~ons if l~Y determines that DA's expenditures deviate materially frarn their approved budget. I ~~i U~ ~ ~ ~U~ i i ■ . ~ ~ ~.1 Use of Funds. Far and m canstderatzon of the payment by ~I"~ to DA of the agreed payments of hotel funds specified shave, ~xDA. agrees to use such hotel tax funds only for advertising artd conducting alicittions ar~d promotional pmt to attract tourists and convention delegates or. registrants to the municipality ar its vici~ty and by the .encouragement, promotion, improvement, and application o#' the arts, including insunental and vocal music, dance, drama, folk art, creative writing,{ architecture, desi and allied fields, painting, ulpture, photography, graphic and crab arts, motion pictures, radio, television, to and sound recording, and ether arts related to the presentation, performance, Pe execution, and exhibition of these n~a~or art forms. Funds for any calendar year which are unused by tnidnrht December 1 of that yeas shall be refunded tc Cl'f~Y within sixty ~Ga} days. 2.~ Admi~aistrati~vc vsts. ~'he hotel tax finds received #from D`I`Y by CDA nay be ~ , spent far day-today opezations, office supplies, salaries, travel expenses and other administrative costs alla~red by Tex. ~ 1.101(1], but only if each such ex nditure i clirectl attributable to work on rograrns vvhxch promote taurisn~ and the Y p hotel and convention industry, and promotes at Least one of the six statutory purposes enumerated within `fE~, ~A o~~ § ~ 51. ~ a ~ {a~. E ~.3 peci.~ic Restrictions v~n Use of Funds. 4 a ~rDA a s demonstrate strict tom liarice with the retard k in and ~ p ~ ~ apportionment lirr~itations imposed by ~Ax oD~ §35 l . l ~ 1 slid l . l D8 {C} and {d}. DA. shad not uti~e hotel tax funds far any expenditure, which has not been spccif~cally doc~unented to satisfy the purposes set fah in ~ and above, {h} ~Iatel tax funds may not be spent for travel for person to attend an event ar , conduct an activity, the primary purpose t~f which is not directly related to the promotion ~f local tourism and the convention and hotel industry and the performance of the person's jab in an efficient and professional manner. E 4 CDA~ ~Y2409 H~'~ FundS ~Di1tl'aCt - gage 3 I ' i i i~ ~ ~r r' t- IIx. 1~~1~E~iN~ Al~~ RI~P~RT'il~I -RE~REIEIV'~' A 3~~ Budget. . 1 ~a~ GDS. shall prepare and submit to ~e City N~anger of 1TY an a~anual budget see Exhibit "A"~ as approved by the pity council far each calendar year, for such aperatlans of DA. in ~rhich the hotel tax funds fall be used b~ CxD. This budget shall speci~catly identify proposed expenditures of hotel ~ Bids by ~DA~ In other words, - XT~ should be able to audit specifically the purpose of each individual expenditure of hotel tax funds fnorn the separate account rela#ang to hotel tax funds. - QTY shall not pay to DA any hotel tax revenues as set faith in Section I of this cnntract during any program yeax of this A.g~reeent unless a budget far such respective program year has been approved . ~ . + ih -Ming by the Denton pity oui~cil, authori~in~ the expenditure of funds. Failure to submit an annual budget may be considered a breach of contract, and if not remedied is cansxdered grounds far termination ofthis Agrecenaent as stand in paragraph 4.~. ~ l)A acknowledges that the approval of such budget by the Denton City ~auncil creates a i~duciary duty in GDA with respect to the hotel tax funds paid by CITY to DAB under this Agreement. ~ DA shall expend haul tax finds only in the manner and far the purposes specif ed in this Agreement, Tex. T~►x oD~ ~ l . l 01 ~a} and in the budget as approved by CITY. ' 3.~ separate Account, CDA shall rna~ntam any hotel tax funds paid to DA by CITY in ~ se crate account or with se a ated fund accounting, such that any reasonable p ~g person can ascertain the revenue source of any given expenditure. ~.3 ~"inncia! Records. ~xDA~ shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by DAB. These funds are required to be classified as rest~cted funds far audited financial purposes, and may not be used for contracted services, including, but not limited to,# auditing fees ar attorney fees. Upon reasonable advance written request of the Denton pity council, the City ~V[anager or . designate, ar any other person, CxDA shall make suchfinancial records available far inspection and review by the party maloing the request. DA understands and accepts that all such financial records, and any other records relating to this Agrecrrient shall be subject to the Texas Public Irxformation~ Act, T~. QV'T ch. ~5~, as hereafter amended. ~uarterly~ Reports. After initial receipt of hotel t funds, and within thirty days - a~er the end of every contract quarter, rDAC shall furnish to CITY: ~1} a carnpleted financial report, a list of the expenditures or copies of the invoices az receipts made with . regard to hotel tax funds pursuant to Tex BODE ~ 3 S l . l a I ~c}, and ~3) a copy of ail financial words fie., copies of fi~ont and back cleaned checks or bank statements, and other rele~rant dacumentatian}. Crl]A shall prepare and deliver all reports in a form and manner approved by the pity ll~anager or designate. FDA shall respond pr~rnptly to any request from the pity Eger of I`I~, ar designate, far additional information relating to the activities rfornYed under this ~greernent. ~ l DAB PYZOD9 SOT Funds ~outract ~ Page 4 . ~ F ~ - ` ~ ti 4 .5 Notice of iV~eetiugs. DA shalt give the its ll~anager of ITS'', or his designate, reasonable advance written notice of the time and ptace of att meetings of DA's hoard ~f Directors, as weft as any other meeting of any constituency Q~ ~rDA, at which this Agreement ar any n~attar subject to this Agreement shaft be considered. T~ AND '~~~t1VIINATIDN 4.1 Term. The term i of this Agreement `shall commence on January 1, Z}9, and terminate ~t midnight on January 3 I , 2U 1 ~Iowever, the program period shaft commence an January 1, 2009 and terrr~inate at midnight on December 3 l , ~Oa. only those expenditures authorized by chapter 3 ~ I of the Texas Tax bode and the program guidelines, . . which a actually incurred during the F~~ period, far events and activities taking place within the pmt period, are etrgrble for furtdln under tt~as agreement, and any tncttgtble expenditures or unspent funds shall be far'eited to ~IT~ upon tern~natian of the Agreement. T~~1~8ti~~1 wlt~~4~ al~s~~ ~a} This Agement may be terminated by either party, with or without cause, by giving the other' party sixty days advance written notice: . , fib) In the event this contract is terminated by either party pursuant to section 4.Z~a~, CITY ages to reimburse DA far any contractual obligations undertaken by ~DAC in satisfactory performance of tease activities specified in ¶¶~,1 and abbove, and that were approved by the council through the budget, as rioted in X3.1. This reimbursement is conditioned upon such contactual obligations having been incurred and entered into in the good faith performance of Chase services contemplated in ~~2.1 and 2,2 above, and further conditioned upon such contractual' obligations having a term not exceeding the full term of this ,Agreement. ~otwithstand~ng any provlslon hereof to the contrary, the obligation of CITY tv reimburse ~rDA, are to assume the performance of any contractual obligations of CDA, for ar under any contract entered iota by rDA contemplated~hereln, shall not exceed bG 213°Io of the current quarterly payment. . ~ ~c~ Further, upon termination pursuant to ~4.2~a~, DA w11I provide CITE:. . within 1 ~ ~usiness days Exam the termination notification, a short~terrn budget of probable expenditures far the remaining ~ day period between termination notif~ctron and contract termination This budget will be presented to Council far approval within l ~ business days after receipt by CITY, rf formal approval is rxot given within l ~ ~ business days, the budget does not contaia~ any expenditures that would be prohibited by the Texas Tax Code, and is within the curet contractu~t period approved budget, the budget will be considered approved; 2) Within 3~ days, a full accounting of alt ex enditures not revivusly audited by CITY; } within 5 business days of a request P P tram CITE, a fisting of expenditures that have occurred since the Last required reporting period; 4} a final accounting of ail expenditures and tax funds an the day of termination, ~rDA~ will be obligated to return any unused ftmd, o~ funds determined to be used improperly. Any use o f remaining funds by CxDA after noti bcation of termination is conditioned upon such contractual obligations having been incurred and entered into in - r GDAC ~~~0~9 CDT Funds Contrast -Page 5 . a - 4 ~i, i 1 ~w 1 1 1 . the good faith performance of those services canten~pla~ed in ~.l and above and further conditioned upon such contractual obligations having a term not exceeding the t full term of this Agreement. i 4.3 Automatic ~"ermin~tion. This Agreement shall automatically terrr~inate upon the occurtnce of any of the follang events: _ ~ , {a} The termination of the legal existence of C~i]A;~ } The insolvency of ~A, the h.ling of a ~ petition in bankruptcy, either valunt~rily or involuntarily, ~r an assignment by GDA for the benefit ofereditot; . ~c~ The continuation of a breach of any of the terrns'or conditions of this A~reetnent by either TTY or i],A far more than thirty ~3~} days aver written notice of such breach is given to the breaching party by the other party; or d The failure of CIA to submit a financial uart~rl re rt which om lies with . ~ ~ ~ Y > P the reporting pracedrxres requited herein and generally accepted accounting principles prior to the beginr~.ng of the next contract term, or ~uarteriy as required by ec~on 1.3 hereof. 4,4 ~t to Immediate Ter~miaation ~]pon Litigation. Notwithstanding any other provision of this Agreenaen#, to rrn~gate damages and to preserve evidence and issues for judicial determination, either party shall ~ have the right to terminate this Agreement t~pan immediate tlotl~e other party in the event that any ~ pin has 1ntltuted llttgatton concerning the activities of the non-temainating party, and tie terminating party reasonably believes that such activities are requited or prahibitd under this Agreernent~ . 4 4.5 In the event that this Agreeet~t is terminated pursuant X4.3 or 4.4, ~A agrees to refund any and all unused funds, or funds dte~rnined by iTY to Piave been used irripropcrly, within 30 days aftex termination of this Agreement F .1 ubcon#ract for ~cr~ormancc of ervaces. iothing in this Agreement shall rohibit, oar be construed to rohibit, the agreement by I~AC with another private entity, person, or organisation for the performance of those services descnbed m ¶2,1 above. In the event that FDA enters into any arrangement contractual or athervvise, with such other entity, person yr organization, CDA shall cause such other entity, person, or organisation to adhere to, conform to, and be subject to au provisions} terms, and conditions of this Agreemea~t and to Tex, Tex o~~ eh. ~1, including reporting requirement, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed Payments and hotel tax funds. independent o~utrctur. ~]]A shall operate as n independent nttactor as to all services to be rfarmed under this Agreement and not gas an over, agent, servant or a employee of CITY. rD,A shall have exclusive control of its operations and performance of services hereunder and such rsor~s entities, yr v aniians rformi the same, and pe ~ l ~DA~ PY~~O~ CDT Find contract -Page b M1 ♦ • ~ ~ i ~ _ E l FDA shall be solely responsible for the acts and omissions of its directors, ocer, employees agents, and subcontractors. ~DAC shall not be considered a partner or joint venturer with~CITY, nor shad DAC be considered, nor in any manner hold itselfaut as, an agent or official representative of CITY. 5,3 Indemnifcatio~, DA A~EES T~ IND14~Il~ HELD ~AI~MLE, ADD REND I~~"Y, ITS 4~FICER, AGENTS, ANA EIVIPL~'Y~ES EItN~ AND AA.IST ~ AND ALL CLAIIVIS QR S[~IT ~`~R INJU~S, I,IAl1~AI~E~ LDS, LIABILITY, wHATE'VE IND I~R CI~ARATE~, ARISING I~[JT DF ~R IN I~NNE~'I'IDi~ wITH TAE ~ER~'~~A~E BY DAC TIiI~SE SERVICES CUNTENIPLATD BY TICS AREEIVIENT, II~L~JDINI~ ALL SUCH ~LAIIVIS [~R ASE ACTI~~ BASED ~~IaN ~MON, OI~T~TI~TI~NAL ~R TAT~]T~RY LAw, ~R BASED, wI~QLE IN PART, I~~~l~ ALLEAT~~NS F NELIENT ~ INTENTIONAL ACTS ~DAI~, STS F~E~St EIVIPL(]Y~ES, AEI~T, SUBNTI~A'~~5, LICENSEES AND I~`EE. Assrme~t. DAC shall not assign this Agxeeri~ent without first obtaintt~g the wxitten consent of CITY, ' s ~5 Nonce, Any notice required to be given under this Agreement or any statute, ordinance, or re anon, shall be effective when given writing ar~d deposited in the I~uited Mates rraail, certified mail, return receipt requested, ar by hand~delivery, addressed fa the respective parties a follows: . CITY i of Denton greater Dentin Arts council X15 I~IcKinney ATTN: Niararet ledge Chalfant Denton, T`~ 72~ 1 ~~0 East Hicl~ory Denton, Texas 7~~~1 ~.G Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be bindiizg upon and inure to the benefit . and obligation of CITY and DAC and their respective sr~cessors and assigns, 5,7 Applition of Laws, All terms, conditions, and provisions of this Agreement are subject to ail applicable federal laws, state laws, the Charter of the Cif of Denton, all ordinances passed pursuant thereto, and all Judicial determinations relative thereto. 5,S E~tclusive Agreement. This Ag~reerrient contains the entire understandi~ag and constitutes the enure agreement between the parties hereto concerning the subject matter contained hcrei~. There are no representations, ~igreenlents, arrangements, ar understandings, oral or written, express or implied, between or among the partires hereto, relating to the subject matter of this Agreement, which are not filly expressed herein, The r terms and conditions of this Agreement shall prevail, notwithstanding any variance in this ~xDAC PY~~09 ~~T Funds contract -Page 7 i i ~ _ ' - 4 Agreement from c terms aid conditions n~` any other do~;uament relating to tt~s transaction oz these traansac~ons~ _ .9 ~~plicate ~~inal~. This Agreement is executed in duplicate ori~in~s. .1~ I~ead~~, `the he~rdings and subheadings of the var~au sections and paragraphs of this A ment are inserted merel far ~c p se of con~enicnee and do not express or i imply ~ any lin~itat~on, de~rdtion, or extension of the specific erns of ~e section and . . _ ..paraph so designated. . x.11 Severabi~ity, If any section, subsection, paragraph, sentence, clause, phrase ar ward in this Areement~ or application thereof to ar~y peon or circuumstance is held inv~id by . any court of corr~petent jurisdiction, such holding shad 'not affect the validity of the zemaining portions of this Agreement, and the parties hereby declare they would have ented such rernainit~ portions despite any such invalidity, ; - i ,1~ Insurance. GI~AC shall, at a minim, prodde insurance as follows; 1. $5D0,0~~ Commercial general Liability, o~ $l,o,o~D l~vent Insurance, 4 covering all events tang place on i#y-~vuned ~roperty~ ~tatutary markers} Compensation and Employers' Liability ~ 1 ~a,U~01~D~,Oaal l~o,~~~}, ± - 3, ' $~5~,000 Li~uazll~rnrn shop Liability for zany event occung on City- ownedpropertywhere alcohol will be prodded or served, and 4, $5a~,0 business Autamabile Liability on any owned, nan-vv~med ar hired - . vehicles. CITY must be named as an additional insumd on all policies ~e~cept V~orkers' Compensation} and proof of coverage shall be submitted prior to any payment by CITY. FEC~JTED s ~ day of ~ t ~o~~. . ~'~IE CITY ~F ~E~]T~N, TEAS Y G`r~~Rg~ . CAM~~ELL, - ~ CITY} 1VIAAgER. t gDAC PY2~Q9 Funds anti + Pa~~ S i } f _ _ r 4 a i i s l ATTEST: APP~~~I~ A T~ I~~GAL F~~; ~ ~ _ i i rr. J~ , ~ +r.++ a sy■ ~ ~ 1 a ~ENNIF~ ANTES, - IT~' S~RETA~~ INTR SIT ~RNEY CJ~ATEI~ I~ T~I~ ACTS ~~CI~, M 4 ~ y; B President ATT~T: A~PRVED T LEGAL ~~RM: . . ~ f - ~ ~y• By• Secretary • S 4 f ' ~ y Y 4 f 4A • ~ f~ r F r J ` ` ~~~c ~~ao~ ~roT contr~acr - Page ~ a .l { ExhibitA The greeter Denton Arts oune~l Year f~acrnd ~pera~ron contract Applicant f PY~009 Budget t AD1lERTIIN 11Vebsite salary 10,000 Direct Prematian fi,o0o ~ ~ o00 i i ART Exhibition and Program salary X0,000 Exhibition and Program Direct Expanses Executive director salary ~ X4,000 Administrative Assistant gala ~ ~ x,000 rY ~ office supplies x,004 g,000 i oN11ENTION CENTER } Facility salary ~o,ooo Total Request 1~8~04~ f I AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Denton Dog Days, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($15,850 -Hotel Occupancy Tax Committee recommends approval 2-0) BACKGROUND This entity is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for aone-year term beginning January 1, 2009 through midnight December 31, 2009. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW The Hotel Occupancy Tax Committee reviewed all budget applications and recommended allocations to the City Council during the Work Session on August 7, 2008. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $15,850 for FY 2008-2009 and has been included in the Annual Program of Services. EXHIBITS Ordinance Contract Respectfully submitted: Bryan Langley Director of Finance s:~o~r docu~a7e~tslordinances1081ho~ f~ndsld~~ days ord.dac O.DINANE NO, AN ORDINANCE A[~THORI~IN~ THE CITY ANArE TO E~E~L~TE AN AREEENT BETWEEN THE QTY OF DENTON A.ND DE~VTON D0 INS. FOR THE PAY~NT AND USA OF ~IOTEi~ TAB REVENGE; AND PROV~D~N~r AN EF~ETI~E DATE. THE OUN~~~ OF THE QTY OF DENTON HEREBY ORDAINS; SECTION 1, The pity N~anager, or h~ designee, ~ hereby autharized to e~eeute are agreement between the pity of Denton and Denton Dog Days, Ine, far the payment and use of hotel tai revenue, under the tenrns and candltlans contained . the agreement, a copy of wh~eh i attached hereto and made a part hereof. SECTION This ordnance shall become effective i,rnrnediately upon its passage and . approval. ~ . PASSED .AND APPROE~ this the day of , ~~~5. NIARR. BU~RROL~HS,IVIAYOR ATTEST: JENNIFER wA~,TERS, CITY SECRETARY BY: APPROVED AS TO ~ECAI~ FOAM: JOHN , I~NI~ ATTORNEY r A r' i M ~ ~ ~ t N i 4 ~ ~ ~ 1 f Ai~~~N~'I' ~E'~'~~ T~ CITY ~F ~~1~'T A,N~ ~~~~1~ Ili ~A'Y~ . ~PY~9} ~ ~ A~~~ made between the City of Denton, Texas, ~ unac~pa~ corpaon . e and the Dentan i]v Days, inc., a Iea~ entity inearpoed under the ~a~s a~the State ~ ~a of~exas the ` ' i AS Tom. T ~D~ § ~ auth~~ to levy by vrdinan a n~C~pal a ~ occ c "hotel tax' nit exc~g seven percent ~7°I~~ of the cor~sidera~on pa~.d by a ho ~ ~ ~ ~ h~te~ occupant; and i ~~EA ~ ordinance, ~ has p~vide~i l`nr tl~e assessment and collection ~ Y ~ t n~un~ ' h~te~ occupancy taxx ~ the ~i~y ofl~enton of seven percent {710, ~ . ~~i a author~es use ~ev~nue from i ~o ~ ~ ~ i rnunici hated oec■ anc tax to pratnote taur~m and the ; car~vion and h~tet industry by i Y f i adv~ and conduct~g solici~tsa~s ~ prootro pro~rts to attract tour~s~ and convt~ r ~ . ~ ~ ~ ~ ~ t~e~egates ar its the mun~.pahty or its vl} and ~ . ` td ed to e~rm those at~vitie; and . well ~ ~ `fix. Tex o~~ ~ ~ 1. ~ ~ l fie} auk ~ ~ delegate by eonct ~ ~'I"TF`~ as an in endent entity, the management and supesion of p~ogra~ and a~~es off' i f the type deti hereinbove funded with revenue Born a rnun~c~p hotel occupancy tax; • ~ ~ is and ~~~i, `EREFDF~, ca~da~ on 4f the performance of the , nnutual covenan contained her ~ D'I`Y and ~Tl~'~ agree and ntrct as follv~s; proma~es I, ~~'~'EL ~v~N~ PAY~T ~ ~ ~ ~on~id~~. far and ~ considerat~.c~n a act~vi~es to be p~rf~nned by under this A ent C~ a es to a to El~T~'TY a portion of the heel r~e~ae collected ~ ~ ~ pY by ~IT`Y the rates and ~ the manner pecihed herein such payments by 1T~ to son~etes here referred to as the "agreed. payments" or "hotel hands"~. ~ Avant of Payments. - ~a A used ~n this agreement, the fo~~o~vin tcr~ms shad have the 1`ollow~ng pec.c ~nea~.g; E The term "h~tei tax revenue" shad rn~ the gross monies collected and reee~ved b C~ as munici aI hotel occupancy tax at the rate of seven percent ~70I0} of Y P s the price paid for a room in a hotel, pursuant to Texas Tax bode ~ ~ . and pity ~x.nanc. Hotel tax revenue ill include penalty and interest related to~ the date pa~rments of the tax revenue by the ~x-payer. ~ .f Uog days ~~fi Fu~d~n~ PY'29 - ~a.~e 1 ii 1 1 r,: I r i k j r i ~ll~ ThC ~~ct~on period will ~ coliee~on ~ fOr ~ . fiscal year. ~t will include hotel ~ revenue due to ~ far the relevant ~sca~ yr and ct~llected through the ~Znd day a~the rn~nth f4llowin~ the close of the relevant ~scai yr. T`he term "base payment amount" shall dean a yet amount of money equal tv the hol tax revenge cohect~d by ~r~`Y duri~~ any relevant period of tune e. fiscal ~ ar quarter}, less: } attorney and ar~ditin~ costs incurred during such relevant period of thne for costs of ~;ollec~ion or auditing of hotel taxpayers ~artorney and in th re lar to of ~'TY for ~ aud~t~n c~~ rne~ude fees paid set's or agents not a u crop whie~a attorneys or agents effect compliance or collection of the hotel tax from xpayers}; and court costs and other expenses incurred ~ li~igatian agn or audit~n such taxpayers. - Div} The term. "contract quarter" shall. refer to` any quarter ~f the caldar y ~ which this ee~ent is in force, on~act quavers v~l~ ~;nd on march ~ June 0~, eptetnher a ~ and ~ecernber o~ each contract year. ~ - in return far satisfactory performance of the ac~~it~es set ~`orth ~ this A,recrnent and all a.~aachz~aents hereto, XZ~Y shall pay to ~l~'~TY an amount of rnoaey in each eontrt year equal to the lesser amount of: .e and ~'hirtec~ one ~Iundredths percent ~ l . ~ °I~} of ~e annual base payment amount, or the fixed contract a~n~un~ of ~i~een ~'housar~d anal light hundred F~~y lJoiiars ~ ~ 5,8~~}. 7.~his amount will be divided ~.to quarterly payments equal to 5°I~ of the annual fixed contact amount, unless ~'Y can slow with reasonable certainty that the annual base a ent a~aiount wild be less -than uriina~yestimated for a Beal year. 't'he fourth quietly payment will represe~r~t 25~~~ of the ~i~ed contract amount or the unpa~d~ rerna~nder of l ,1 °I~ of the base payment amount, whichever is less. each quarterly payment is subject to receipt of unusod f~urds from the prior contract period and the receipt of#he rcquixed gnartly reports. r t ,3 Dam of Payarren#s. ; 'fhe term `#quaerly payments" shall mean payrn,e~ts by l~Y to l~l'l'~ of those 2~ounts spef~ed ~ t .~y above, a determines b the hatcl tax venue colleted. k ~ Mach qua~erly payment shl be paid upon receipt ~f the reQuired reports and aher the day fol~av~in a last day of the contract quarter, the quarterly financial xeport i~ rat received within thirty days of the end of a applicable caiact qu~cter, the recipient may be held in bah of this A~ent* ~'l~Y may -thhold tie quauteriy payms} nth the appropriate ~ are received and approve, which approval shall not be unre~asonah~y withheld, t .d erhmita#~ons reard~~ considera~on. - ~ - - ~a~ 1~e funding of this project in no way con~nits ~Y to future funding of this program be~rond the curnent contxact pe~cxt. Any future fu-ndix~ %s solely'~,e respability af~`~'~`Y. dog ~ay~ H~~' ~`undi~g ~~'~00~ ~ pale ~ I - i ~ - M I i M Y ~ is ~ understood that t~.s Gantt in no wa}~ obligates the General and ar ~ , . other yes or credits af1~, ~ ~ rna v~i#~ha~d father a~~ocaons off detern~ ~ i'f's e~p~ndit~ ~ ~ deviate ma~a~y from their appv~d budgets HUTS '~A~ R~vE~ ~,1 of far and in r~~sideration of the payment by ~ to ~TIT~ of the agreed payments of ha~e~ tax funds specified above, h`~`~TV agrees t~ use such hotel tax funds only for adverti ` and conductin solicitaons and promotional pror~i~s to tt~ tou~sts and convention delegates or ~ the municipality ar its vicinity, as authorized by oDE ~ . ~ a ~ ~ for calendar year vcrhich arc unused by dniht December ~ ~ ~ of that gear sha~I be refunded to I'~Y thin. ~ days. ~.2 ~idm~isti~e nets. ~'he ha~e~ tax funds received from ff~ by may be spent for da -to-do 'o~ once dies, salarie.~, vet exposes., and ~ a~dn~rdst~ative eo~ts ~ ~ ~ allayed by TES. ~`A D~ 3 S ~ . ~ a ~ ~f but and if each such expend~tur~e ditty a~trrbutab~~ to v~or~ on prates ~bioh pra~nate tourism and the hotel and convention industry, and prornvte at list one of the x t~tutar~ purposes enurneratod Within T,A ~~D 1. ~ ~ ~ ~a~. ; h ~c ~es~ie~ons an lise of ids. ~a} What portion of tut~l administrative casts of ~~`~`Y far which hotel funds may he used shall not exceed that portion of 's 've eons actna~y ink conducdn the activities coed ~ ~.1 above. ~ ~ hotel tax funds may not be spent for travel for person to attond an event or conduct n at~viy, the pnma~Y pu.~pose of v~hich ~ nit directly rotated to the p~maticn of luca,l taurisrn anal the r,ven~on and hotel industry and the perfarmancc of the person's fob in an eoient and prafess~anal manner, r Tf I, ~E~RD~~~~ A1~~ ~P~'~'~ ~RE~LREN~F N'H'S ~ ~ e~. ~a} shad ~p~repare and submit to the pity Manager of fT~ an. aua~ ~ud~et see exhibit as approved by the pity ounctl 1'ar each catend.ax year, far such opeions of ~ which the hotet tax funds shall be used by EI~fiI'T~. This tdet sha~~ peci~ical~y identify proposed expenditures cf hotel tax funds by ~i'f fin. a~.er v~arc~s, 'Y mould be able to amt spec}fir,y the purpose of each Individual expditure of hotel tax funds ern the separate a~co.t rebating to hotel funds. ~Y shall not pad to any hotel tax revenues as sot fo~h Section ~ o this contact Burin an ro ~ of the ~ eemcnt unless a bud et YP ~ for such rejective program year has been approved h~ writEng by the Benton pity ounce, authori~ the expenditure ai~ failure submit an ai~nua~ budget be considered ~ ~a~ Dais ~~T Fund~.ng PY~4D9 4 ~~ge 3 i ~4 yy X Y~ f M breach of contracts and if not rem.ed is considered gm~nd for termrtnatian of thus ,Agreement as stated in ~h ~ ~NI`~T a~~nowiedges fat the apprv~a~ of such budget bar the D~ntan pity ~~n eu a duc~ary duty in ENT~'T~ with respect to the hated tai funds paid by JTY to under this Agreement. shall expend hotel ~ funds vniy ~n the manner and for the asp c~~.ed in this Agreement, T~. T~~ X35 ~ . ~ ~ I~a~ and in thhe budget as approved P , by CST`, ~~ate Account, ~NrrJ shall naainta~n any hotel tax funds paid to ~]~Tr~'Y by CITE in ~ s mount ar with segregated ~ acaunting~ such that any ~~1e peon can asceFrta~ a revenue source of any given expenditure, anc~al Recaps. Et'IT~ s~aall ~n~inta~n cans fete and accurate finanel recon~s of i each eenditure of the hotel pax fads made by l~]~1TITY, These funds ar a re~u~.~ed to be e~assified i ~ as acted funds far audited f~cia~ purposes, and naay not used far contracted servaces} incl~g, but not limited to, auditing fees or attorney ~`ees. ;Upon reasanab~e advance v~en request of a Denton 'rty ~ounc~~, the tty iV[anagcr ar desigaate, or any offer person, ~ shad make such €inancia~ records avai~abie far inspection and review by the party m~.ng e ~ request. w~dertands and accepts that alb sunh anci~ records, and any other records ~ relaying thus Agrent shall be subject to c Public lnfaatian ~c#, Tex. v T o~~, ch, ~ as h~~r amended. i _ .4 ~~Y epv Aber .tia~ receipt of hotel tax hinds, and ~vi#hin thirty days aver thes~ ~ ` . ~ ~ end of every ~~er therea~er, unto alI funds have been. expended and reposed tv shall fur~a~sh to CITY. ~ a coca feted nancia~ r ~ a Est cfthe ex enditures or co ies ofthe ~ invoices or receipts made wig regard to hotel tax funds pursuant to TEx. TAB ~ i . l ~c}, and ~3~ a copy of all ~cial rends ~ , copes of front and hack of cleared checks ar h~ shat, and other relevant dacumentat~an~. loth the f~nanci and e~pend~.ture repay vw~i~l he ~ a farm e~thcr determined ar approved by the Cry N~anager or i desigte. ~Trr~ sI respond promptly to any request from the City Manager of or designate, for additional inforamation re~atin try the ac#avi~es ormed under dais Ag~rcement. g ~ .5 l~ot~ of IVigs. TTY shall g~v~ talc lty allage~' Of , or h~S de~gnate, reasonable advance w~ritn na~ce of the time and place of alb naee~ngs of l~ITYTs Bard of Directors, as weld as any outer mee~ang of any constituency of ~T~, at wl~ch this Agreement ar any matter subject to tl~s Agreernent shad be canidercd, iV, TES A~ T~I~ATII~ 4~1 Term. The term of s gement shad commence on January and ter~n~nat~ rr,~dn~g~t on January 2t}l~. ~awever, the program peal hail rona~nence on January 2 ` and ternate at midnight on ~ece~ber ~0~9. Day thane xpendYtus authored by Comer 3~t off` ~h~ Texas Tax bode and the pxorarn u~del~nes, which are acapy i~cumed dining the program mad, far events and ac#~vi~es taking puce within the p~~ period, are eligible for Doi Sys HST F~diag P~~~D9 - gage ~ i 1 i ' r r~ ~ M 1 4 S r F 4 I fun ' under a ant, and any ineligible expenditures or ~xt funds shad be ~orfe~ted to ua termina~.an ofthe .Agreement. 4.Z Tert~on 'chant Haase. } T'h~s A ment Ana. ~e tern~nated b either any, ~ ~r out by giv~.g ~ ~ Y ~ ~ the offer p.ty sixty {a~ d~.ys advance ~vn~en nonce. t In the event this contract rs te~n~nated by ether party pursuant to ec~on 4,~~a~, T agrees to reimburse E~T~ for any contractual obligations of ENTITY und~en y i E~T~ ~ satisf~.ctory perforrr~anco of those ac~vities spccif~ed in and ~.2 above, and that v~ere ~ved by the ~auncil through the budget, as noted in ~.I. This reimbursement ~ concl~~aned upon such c~ntractua~ obligations having been. ~~urred and entered into in a good fail erfoar~cc of those services nte~n la#ed in Z. ~ and above, and father eondit~oned ~ ~ ~ u n such ~o~~ractual. abl~gatians having ~ teen not exceeding the full term of this agreement. S ot~thstanding any provision hereof to the contrary, the obligataion of TT to rein~bue E'I'I', or to assume the performance of any contractual obligations of ~'r'ITY, for or under _ any contrt entered into by E~TTY as contemplated herein, shah not exceed ~~~°/a of the current quaxterl~ payment. further, upon termination pursuant to ¶~.~~a~,' ~'I'~T,Y will provide 1j ith~ Ia business days from the te~inatinn no~~catson, a short~term budget of probable expenditu~r far the remai.ng day period between termination notcan and eontt tern~aation. This budget will be presented to ~ouneil far approval within ~ ~ business days after Fcei t b CITY. If faunal app~ro~a~ is not given v~ithin ~ a business dais, and the budget does p y not contain any expenditures that would be prohibited by the ;Fexas Tax bode, and is within e current ntr~ctual rind a roved budget; the budget will he considered approved; wi:~n. pP 3~ days, a full aceauntin of ah expenditures not previously audited by CITY; itlii~.~' bness days of request £r~~ CITE', a listing of expenditures that have accurd since the fast r ufred rrting poriad; 4~ a final accounting of all expenditures and tax funds on the day of ternatioa. ~T'ITY will be obligated to 'return any mused funds, ar funds determined to be used ~ ro r~ . An use of remaining funds by E]~T after nat~fical~on of terwatlan is ~ ~ condi~oned upon such contractual ob~i~tion having been inu~rd ar~d entered into in the gaol faith perf~~ce of those services contemplated in ~.l and above, and fuher conditioned u on such contractual obli ations having a term not exceeding the full term. of this A~r~ent. ~ g 3 ! . 4, ~utaatie ~'ea~ina#ion. This ~,g~reement shad autolr~ati~y ter~nlnate a the occurrence aI`any afthe following events. ~a~ The terrninatiar~ ofthe legal existence of ; , The insolvent of ~'Tf T~Y, the ding o~ ~ pe~dv in banptcy, eider va~unt~y or ~ invaluntari~~r, or n assignment by ELY far the benefit afcreditors; a Dog Dad HQT Funda~g P~~4~9 - t'agc ~ R r • ~ • i ~ ~ ~ r k I F ~ YN AR's, ~JP~I~ AL~~A~C~N OF L~~~NT ~ 1~~`EN'~1~ ~C ~~i'~IfiY STS NICE, A~~, t~~~~l'~'~'~'I`~R,, ~~C~~~ ADD INVI'I"~~. e~t~ ~l~'~ shall no# assign this Ag~eemt v~ith~t~t first ~btai~ung the written consent o~ . - ~ ~#ice. Any nonce re~qu~red to be vr~ under this Agernent or any statute, ordnance, re lati shall be ~ecl~.ve when given in writing and deposited in the ~}r~ted Mates mail, certed rnai~, rern receipt requested or by hard-delivery, addressed ~ the pecdve parties as follaws: ~ ~I~T~TY City anger enton dug days, ~ f l~n AT"T~; Christie Bassett ~ ~ 14~a f yak ~ar~ . y lnto~ 7~af Cross ~oads,'T 7~~~7 F Inur~e~ent. This Ae~ne~at and each provisian hereof, and each and cvery right, duty, obligation, and Iiao~~ty set Earth herein shall be binding upon ar~d ins to the l~enene~t and obligation o~ CITY aid ~TZTY and their respective successors and assigns. S.? A.p~l~cation of ~~v~s. All terms, condi~ons, and prvviians of this Agreement are subject to al] applicable fell laws, state lawn the Charter of the Ci~ of ~en~on, a~ ard~an~es pasted pursuant the~-eta, and alb ~ ud~cial deternatnations relative thereta. ~ .S E~e~slve Ag~reen~ Thi.~ Agreement eantai.ns the entire understnd~ng and contutes e ~ ag~ee~ent between the parties hereto concerning the subject matter conned he There are no rt~~ntations, agreements, a~ran~etnents, or and ' gs, oral ar wr%tter~ express or implied, betwecr~ or amar~g the pares hereto, ~`e~a~ing to tie subject smatter of this Ag~ement, which are not ~ e ressed herein. The terms and condi~or~s of this Agreement shall prevail, y notw~#htaing any variance Agreement dam the berms and cvnditians of any ather~. docume relating to his t~nsaction or these 1r~a~ctians. ~ Du~~lcate gals. This Ag~teent is executed in dp~ic~te originals. . x 0 Hadings. The headings and suhhead~ng of the var~o sections and p~aphs of this Agreement are ~ merely far the purpose of convenience and do not express or inYply any . ltatr~n, de~ni~on, ar extensian of the specific terms o f the bon and par~agph so designated, l I 5.I 1 ~vebil~ty. any section, subsection, paragph, sentence, clause, phrase ar ward in this A.~~at, or apphca~on thereof to any person or circumstance is held invalid by any court of cow ete~t ~€~risdietion, such holding shall not affect the va~d~ty of the reman~g por~ons of this p Agrenen#, and the parties hereby declare they wauld have enacted such, ' ' potions despite ag}~ ~~c~ inva~d~ty. h dog days HST F~nd~ng PY~0~9 + Page 7 y ~ ~ - - - ~ ~a r'~A~ 7 C ~r~ ~~a~ p~~~ide ~.s~c~ as ~`a~l~~v: ; l . 00, o~~r+c~~l L~ab~.~~ty, a~ ~,,aaa ~~t scene, covng ~ everts t~in~ pie an ~~y-awned ~~op~y, ~ 'barkers' empe~sabion aid ~~~e~s' L~ ~i~ ~ ~ ~~,5a0,0 1 as?}~ aid } ~ ~ ~ ~ • . ~}~4a L~quar~Dram dap L~abilit~ far any event oecurtg an City-~t~ned prop~ty ~er~ a~cah~I ~ri~~ prvv~~ed sewed: f ~ ~~st be wed ad~it~ar ~ns~u~ o~ X11 pvl~c~es ~e~pt ae~' nmpea~on}, d ~roa~ ~f c~~~e ~1'~e s~ p~i~r ~o any p~y~.~t b the CIS. ~,1~E ~'TY OF ~E~'~N, TEA i l ~ SELL, CITY II~~.ER r Y A'T~'~T: APPR~V~~ S . ~ y: ~ L7~~~ 1 ~Lrl i 1 ~''I5~~~1'~{'t[J~~ ~JJl R 1 ;f~ ~V V ~~3 yy! V• i rr J i ~ + ~ A./~~ _ f. ~~nat~recto~ r~~`~►S~`: APPR~'~ED A LEI. ~'~R: ~y, ~y; ~ ee~~ ~ 1 ~ ~~ys HST ~u~nding ~~~0(~9 - gage 8 ~ i ~ E~(~11~]It ~ f D]~ ~rltC~rl Dig Days of D~rr~ar~ el~,~ra~ror~ . ontr~ct Applic~n~ PY~~~9 Budget ~ . N i ADV~RTill~ . Brochure ~,Q00 1111~g~zines, Printing, Puhlication 4,OOQ Internet ~ X00 Billboards ~ ~ ~~D Salary ~ Q,QO~ f ~ ~ ~ . M i Total Request ~ ~~,85~ i k 1~ k f `I I . r C ~ _ AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the North Texas State Fair Association for the payment and use of hotel tax revenue; and providing an effective date. ($80,000 -Hotel Occupancy Tax Committee recommends approval 2-0) BACKGROUND This agency is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for aone-year term beginning January 1, 2009 through midnight December 31, 2009. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW The Hotel Occupancy Tax Committee reviewed all budget applications and recommended allocations to the City Council during the Work Session on August 7, 2008. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $ 80,000 for FY 2008-2009 and has been included in the Annual Program of Services. EXHIBITS Ordinance Contract Respectfully submitted: Bryan Langley Director of Finance T~T~ ~ ~~C~T~o~v.~~~oo~ ~~~n~ ~ v o~ ~x T THIS AREEII' made between the City Hof Denton, Texas, a mucipa~ co oration the "CYTY" , arxd the North Texts State ~a~r association, a non-pra~# { } corporation incorporated under the laws al~the State ofTe~as the "ASS~CIATI~N"~: SAS, T~~. TAx Co~~ 3 5 l .ooh authorizes CITY to levy by ordinance a n~u~aiClpal hotel OCCl~panCy tax ~"hotel taxi'} z~Qt exceeding seven percent ~7%} of the consideration paid by a hotel occupant; and ' AREA, by ordinance, CITY has provided fob the assessment and collection oi` Ynur~iei a1 hotel ~cc ey ~ ~ the City of Dente of seven percent ~'~°Io~; and P ~ wHEA, T~x~ T CoD~ 3 ~ l . ~ Q I ~a~ author~es CITY to use revenue from its municipal hotel occupancy tax to promote tousrn and the convention and hotel industry by advertising and conducting solicitations anal promotional pragrarns to attract tourists and convention delegates or registrants to the municipality. or i vicinity; and e WHEREAS, ASS~IATIO~ is ~ue~~ equipped to perform thane ac~vit~es; and wHREAS, Tex, TAx Co~~ ~ ~ ~ . ~ ~ l author~es CT7"4~ to delegate by contract with ASS~CIATIDN, as an independent entity, the management and supervision of programs and activities of the type described hereinabove fended with revenue from the rnunicrpal hate] occupancy tax; . THERE~~~E, in consideration of die perfozxnance of the mutual covenants and promises contained herein, and ASS~CIATI~N agree and con~~ct as I`ollows: s ~~'T ~'A~ REV~1E PANT 1,1 on~~i~er~~io~n. for and in carideration of the ac~,vi~es to be pe'ormed by . ADCIATY~N under this Agreement, CITE' agrees to pay to ADCIATZ~N a portion of the hotel tax revenue collected by CITY at the rates a,nd in: the m.aaner spea~fied here such payments by CITY to A ~CrATrDN sometimes herein referred to as the "agreed payments" or {`hotel ~ funds'}, ~ Aino~nt ~f P~y~en~. . ~a} As used ~ tbis Agreement, the I`allawxng terms shall have the following . specific meanings: _ " i ~i} The term "hotel ~ tax revenue" ` sh.1 mean the gross monies collected and received by CITY as municipal k~o#~l occupancy .tax at the rate of seven percent of the price paid for a room in a hotel, pursuant to Texas Tax i North Tex ~ta~e Fair PY~O~~ HST Finds ~-Paget i ; i i 1 t I bode 35t.U~2 and pity 4rd~nance. Hotel tai revenue will ~nclade penalty and ir~texest related to the late pyrnen~ts ofthe tax revenue by the taxpayer. , , . ~ iii} The term "ollec~on period" gill mean the collection period far . - TTY's fiscal year. ~t will include hotel tax revenue due to ~ for the relevant fiscal year and collected through the 2nd day of the month following the close of h e relevant ~CaI year. w i ~1ii~ The term "base payment amount" shall n~eaa a net at~ount of money equal to the total hotel tax revenue collected by CITY during any relevant period of time ~r fiscal year or f~sca~ quarter}, less ~ 1 }attorney and auditing casts incurred during such Felevant period of ti,e ~ for casts of collecfion or auditing of hotel taxpayers attorney and auditing costs include fees,paid to attorneys or agents not in the regular employ of CITY for which attorneys or agents erect pliance or . - collection of~the hotel ~ from taxpayers}; and court costs and athe~ expenses, . incurred in litiga~on against, or auditing of, such taxpayers, . I Div} The tin "cantra~ct quarter" shall refer to any quaver of the calendar year in which this Agreement is in force. on~ract quarters will end on lViarch I , ~unc 3 a~, epternber 3 and December 3 ~ ~ of each contract year i . In return far satisfactory performance of the activities set forth in this . Agreement and alT attachments hereto, 1TY shall pay to A~~IAT~~N ari amount of rnoiaey in each contact gear equal to the lesser arnou~t of ~`ive and sixty Eight one Hundredths percent of the annual base payment amount, or the fixed contras amount of Eighty Thousand Dollars ~$S~,Oa~}. This amount will be divided into quarterly payments equal to ~5°fo of the annual fixed contract arnaunt, unless CITY can show with reasonable certainty that the annum base payment ~ amount wild be Iess than origix~.ally estimated for the fiscal year. The fQU~ quarterly payment will represent 25% of the . fixed contract amount ar the unpaid rerriainder of .~~I~ of the base payment amount, whichever is Iess. Each quarterly payment is subject to receipt ofunused foods frarn the prior contract period and the receipt of the xequired quarterly reports. i 1~ Dates of Pay~en~s. ~ - ~a} The term "quarterly payments" shall mean i payments by rTY to A~IATII~ of those amounts specified X1.2, above, as deterr~araed by the hotel tax - ~ - revenue collected, _ Each uarterl a ent shall be aid u on reel t of the re aired re orts and ~ q yP~ P p P q P aver the 25~ day fallowing the last day of the contract quartex. If the quarterly financial report is not received wxthiti thirty ~3a} days ofthe end of the applicable contract quarter, the recipient am.ay be held in breach of this Agreement. CITY may withhold the quarterly payn~.ent~s}until the appropriate reports are received and approved, which approval shall not , - be unreasonably withheld. ` North 'texas State ~`a~r P~~~ ~~T Funds ~-Page ~ } ~ ~ , I I ~.4 Over limi~~~~ redi~~ cons~de~ra~rnn. F ~ The funchn of r0iect 1I~ na Wa ' ~ ~ ' g p J y mats ~1TY to future funding off` this program beyond the current contract period. ,A.ny future funding is solely the res on.sibili p of ASOIATIQN. ~ It is expressly understood that this contract in na way obligates the General Fund or any other monies ar credits of1T~. i ~c} CITE may withhold further llacatioiL if ITS deterir~,es that A~~AT~~~i's expenditures deviate materially dam their approved budget. II. TJ~E ~T~~ TAB R►E~'1J~ ~J~e of ids. For and in consideration ~f the payment by ITS to ~~1A`~~ of the agreed payments of hotels tax funds specified above, ~~~IAT~~I~ a~grces to use such hotel tax funds only for advertising and conduct~g solioitatians and pzomotionai programs t~ attract tauris~s and cot~vendon delegates or registrants to the municipality or its vicinity; as authori,~ed~ by Tex. Tex ~3 I QI a}. Funds for any calendar year which are unused by n~idnigh~ December 31~ of that year shall be refuiaded to CITE w~thi-n sixty [~0~ days. peci~c Rt~c#iv~ a~ TJs~ of ids. ~a} A~IAT~~N agrees to demons ate s~ict o~npltance with the record beeping and apportionment ~inlitations unposed by 'fix. T o~~ ~ 3 ~ 1.1 a I ~f ~ and §351.1D8 and ~d}, A~CIATI~~ shall not utilise hotel tax funds far any expenditure, which has not been speeicaliy documented to satisfy the purposes set forth in ¶¶~.1 and above. a fib} hotel tax funds may not be spent far travel for a person to attend an event ar conduct an aettivity> the primary purpose of which is not directly related to the pron~odon of local tourism and the convention and hotel industryand-the performance afthe person's~ob 1n an e#~C~ent and professional naall~ler. ' ~ III. ~~EPIN D REP~RT~N RED S Bu e#. ~ ~ { ~a} AGCIATIGN~ shag prepare and subrrxit to the pity Manager of fTY an annual budget (see ~xhzbit as approved by the pity council for each calendar year, for such Qperations of A~IAT'~~N~ in which the hotel tax funds s~ be used by ~.~~I~TI~. This budget shall specifically tdenti#"y proposed expenditures of ho#c1 tax funds by ~SGIATION. In other words, ITS should be able to audit speci~xca~.ly the purpose of each individual expenditure of hotel tax funds frame the separate account rela~ng - to hotel tax funds. ~1TY shall not pay to ,~~IATYN any hotel tax. revenues as set , forth e~ti.on I ofthis contract during any program gear afthis ~.greement urdess a budget ~ort~ ~'~x tatc Fair FY~20U9 HST funds 'Page 3 r f ' I ! i f; - • f ! - for such respective pnogra~m year has been approved in writing by the ~entan City auncil, . uthori~.ng the expenditure offur~ds. Failure to submit an annual budget nay be considered a breach of contract, and Hat remedied is considered ~ grounds far t~rar~nation of this A.reernent as stated in paragraph 4,~. ~ , fib} ASSOCIATION acowledges~ that the approval of such budget by the f}entan City council cxeates a fiduciary duty in ASSQOIATION with respect to the hotel tax funds paid by to AOO~AT~~N under this Agreement. ASS~~AT~O~ shall expend hotel funds only in the manner and far the guroses specified ~ tb~ Agreement, TAx ~ 3 5 ] . ~ a 1 and in the budget as approved by d ' i 3.~ spar#e Aou~t~. A~IAT~~N shall ai~.tai~ ar~y hated tax funds paid. to AIAT~4N by fI'~ in a separate accQUnt ar with se~rea#ed fund amounting, such that an.~ reasonable person can asce.in the revenue source of any given expenditure. ~.3 nancia~ R~ecord~. ASSOC~AT~~N shall a~ta~. corriplete and accurate . . facial records of each expenditure of the hotel ~ fun'ds made by ~ S~~ATI~N. These funds are rewired to be classified as reacted funs ~fa~ audited financial ses, P~ and may not be used far contacted sei, including, b not limited to, auditing fees or attorney fees. l]pon reasonably advance written request of the Dea~ton i council, the - ity Manager or designate, or any other person, A~~AT~~N shah mare such financial records available far inspec~ian and review by the ;party mal,g the request. ,AO~AT~~N understands and accepts that all such finaa~cial records, and any ath~r xecnrds relating to this Agreement shad be subj ect to the Texas I~uhlic ~nforrnation Act, T~~. ~'V'T ~oD~, ch. ~2, as herea~er amended. i .4 ~~arter~y Repnr~s. After ini~al receipt of hotel;tax~ fund and within thirty days a#~er t~,e end of every contract quarter, AOCIAT~~N shall furnish to T~'~; , a completed f~nancza~ report, li st of the expenditures ar 'topics of .voices or receipts made with regard to hotel tai finds pursuant to Tex. TAx ~o~~ ~5I.1~~{c}, and a copy of alI financial records {e.., copies affront and back cleared checks ar bank staterrients, and other relevant documentation}, ASO~IATI~N shall prepare and deliver all reports in a - . form and manner approved by the City Manager ar designate. ASSOCIATION sha~~ respond promptly to any request ~rorn the pity N~anaer of ~IT~~ ar designate, for additional inforrna#ion relating to the avities gerforn~ed under this Agreement. - 3, Notice afe~t~ns. A~CiATI~N shall give the; pity N~ana,ger of ~lT~', ar his designate, reasonable advance written. notice of the Mme end place of all meetings of . - ASSOOIATI~N's Board of Birectars, a well as any oth meeting of any canstitucr~cy of ASSOIATYON, at which this Agreement or any m.atker subject to this Agreement shah be considered. IY. Rl~ A A►~I~~ 4,1 Term# The term of this Agreement shall carnmerice on January I, ~a~9, and te~rmi-Hate at rnidniht on zany ~ 1 D. ~awever, the program period shall commence on January I, ~~09 and terrn%nate at amid-night on ~ece~nher 3 ~a09. ~n~y those earth Tcxa.~ S~t~ Fair PY2D~9 HST Funds ~ Page 4 i - F ~ I ' ~ .1 . i Y . 1~ ~ 4 M ' expenditures authorized by chapter 3~ 1 of the Texas Tax bode and the pragtn guidelines, which are actually incurred during the program period, for~cvents and activities taking lace a ~ within the pregram period, are eligible for funding under the agreements and any ineligible expenditures ar upent funds shall be Forfeited to f f upon t~~nation of the Agreement. i ~ `f` i 4,~ Termia~hon ~thO~~ lie. ~ . i ~a} This Agreement may be terminated by either party,with or without cause, by giving the ether party sixty ~6~} days advance wntten not~ce~ fib} ~ e event this contract is terrnir~atcd bye either party pursuant t~ section . ~~~~ay} ~~TY agrees to reimburse A~~AT~ON for} any contract oligatian of A~~~AT~~I~ undertaken by AO~IATION in sati.s#`actory performance of those activities specified in ~~~.1 and above and that were approved by the ~onncii throug~t the budget, as Hated in X3.1. This reir~burse~errt is conditioned upan such contractual obligarions liming been incurred arzd ert~red into in the good faith performance of those services cantetnplated in ~'¶2. ~ ~d ~.2 above, and fias-ther conditioned upon such contractual oblia~on having a terzn net ,exceeding the full term of this Agreement. Nat~rithstandin any provision hcre~f to the contrary, the abli ation g of CITY to reirnhurse A~IAT~DI~ or to assume the'performance of any contractual abligatinns of . A~~IATI~N~ for or under and contract entered into by A~IAT~ON as conte~npiated he~reir~ shall not exceed b X13% of the current quarterly payment, ~c~ Further, upon termination pursuant to ~4.~~~}, ~ A ~I~TI~I~ wild provide QTY; t }within 1 ~ business days from the t~ination nu~i~cation, a short-term budget of prebable expenditures for the remaining 6o dad period between termination notification and contract termination, This budget will be presented to vuncil for approval within l ~ business days aver receipt by ~IT~. ~ i~f farn~al approval is eat given v~rithin X ~ business da ~ ~ . ys, and the budget does not conta~n~ any expenditures that wor~Id be prohibited by the Texas Tax bode, and is within the current coniractual~ period approved , budget; the budget ~ll be considered approved; wit~in' 30 days, a full accounting of all expenditures not pzcviously audited by ITS; within 5 business dais of a request from ~IT"~, a listing of expenditures that have occuxred since the last required reporting . periods 4} a final accounting of alI expenditures anal tai funds on the day of tern~i~.ation. AO~IAT~~I~ will be obligated to return any unused finds, ar funds determined to be used ~mprapcrly, Any use of remaining funds by AIATI~N after noti~ctlon of terrninatron is conditioned upon such contractual obliga~ons having been incurred and entered into in the good faith performance of those services contemplated in ~,1 and above, and further conditioned upan such contractual ~~ligations having a term not exceeding the full term of this Agreement. A~n~umat~c ~~rmina~on. This Agi cement shad ~uto~naticaliy terminate upan the occurrence of any of the fallowing events: I a ~Io Texas tats Fair ~Y~~~9 ~~T Funds - Page ~ i ~ - - - k The termination ofthe leggy, existence of A~IAT~~; . i ~ '1~he insolvency of A ~~ATI~N, ~e ~iiin~g of a petition bar~l~ptcy, either ~ralunta~ly ar involuntarily, or an assignment by A~~ATiOI~ fns the bene.t of creditors; i i E r ~c} The eantinuation of a breach Qf any off` the terrn~ or conditions of this Ageen~ent by either QTY or A~rAT~~ far more loan thirty ~30~ days after written notice of such breach is given to the breaching P~ by the other party; or ~d} The fai,iure of A~C~AT~~N to subrrtit a financial q~a~terly re~art which complies with the reportinng procedures required herein and generally accepted account. principles prior to the begin~an a f the next , contract t~ or quarterly as re~uir~d by et~411 hereof, ~ ~ Y I 4.4 #o Immete T~ri~~bon Upon ~t~o~. ~atthstan~.ng any other provision of this Agee~nent, to mitigate damages and to preserve evidence and issues far judicial detenninatian, either party shati have the right t~ terinate this Ageernent upon immediate native to the other pay ~ the event that any person has instituted litiga~ian car~cernin the activities of the non-t~r~ninatin party, and the ter.natin party reasonably . believes that such activi~es are required Qr prohibited under this Agreement. F ~n the event that this went is ten~ninat~d ursuant to or ~ p i A~AT~~N agrees to refund any and all unused funds, or funds determined by QTY to have been used apraperly, within ~Q days after term~.na~an o~"this Ageerner~t, V. P~~I~ ~ubcoa~truct for Perrorm~nce of e~v~ices. bathing in this Ageement shall prohibit, nor be conrued to prohibit, the agreement by A~ATI~N with another private en~ty, person, or organization far the perforrr.c~ of those services described in ~.1 shave. ~ the event that AIATf~1V enters into~ar~y a~xangement, contra~ctuaf ar otherwise, with such other en~rty, person or argarvzadon, ~.S~~AT~~1~ shall cause such other entity, person, ar organizatson to adhere to, conf`or~n to, and be subject to all pro~risions, terrn.s, and conditions of tl~s Agreement and to T~~~ TAx o~~ ch. 351, inching xeportang re~uiretnents, separate funds nr`atenance, and litatian and prohibitions pertair~ag to expenditure of the agaed payments and hotel tax funds. ~ - ~depen~en~ au~rac#ar, A~~IATI~I~ shall operate as an independent contractor ~s to all services to be perfarrned under the Agreement and not as an o~cer, agent, servant, or employee of ~T. A ~~ATI~~i shah have exclusive cor~tral of its . operations and performance of services hereunder and such persar~s, ent~~es, or oxganizatrons performing the same, and A~~fATT~N s~all be solely responsible for the . ~ acts and ornfssions of its directors, avers, employees, agents, and subcontractors. A~IATI~~ shall not be coidered.a parer or point venturer with ITS, nor shall A.~ IAT~O~ be e~nsidered,, for in any manner hold ifiself ont as, an agent yr of'icial representative of ~f~. ~ f I Noah Texas State fair PY2U09 HST Funds - Page ~ . • ~ I i i s i i "r ` In~e~~a~. AS~A'~I~N A~~EE DAD ~~LD ' AID DEEEN~ C~~ER, AE'I''Sy ADD EL~EE ~R14I ~ AAB~'T AN~'~ ~ ALL CLA~VIS i~~ SUITS ~"R Il~J[TRS, DA~'IA~E, LDSS, LYA~~LIT"Y ~F ~ATE~ER IUD ~R ARA~TER, AISIl~ ALT 0~ ~R ~N DN~NETr~~1 wIT~ ' PERFORNXAl~E BY A~ATI~~ T~~E ' SEItES ~~NTEPLATLD ~Y THIS A~EEN~E~T, E~ILUDI~1 ALL ~H ~ ~A~JE ~F ACTION BASED SON IIlVIlNi~, C~I~S~TI~UTI~]~AL ~R TAT[IT~R~ LAS, BASED, ~ ALE IN ~A~T, UFON ALL~ATI~~C DF NELIE~iT ~R ' KCAL ACTS A~IATI~~, ITS ~ OFFI~, EM~L~1YEES, A~E~'TS, SI]BI~NTRAC~'[~B, ~ICEI~EES AND + 5.4 Assen#. A.S~~~ATi~N shall not assign this greernent without first o6ti~vng #~e 1NFltterl consent of ~~T~f 5.~ ly'atiee. Any notice required to be given under ~ ~ Agreement or any statute, ordinance, or regulation, shall be ef~ec~ve when given in writing and deposited in e Dnited Mates mail, reified mail, return receipt requested, or byhand-delivery, addressed to the respecfive parties as follov~s~ AS~CIATI~~I pity old Denton ~or~h Teas State Fair Association ~ Finney CryTle~l~'! Carlton Denton, ' 762 ~ executive Director F.D. Box ~ G~5 Denton, ~'exas 7~~0~ a Lnarem~en~. This Agreement and each provision hereof, and each and every right, duty, obligation, and Iibtlity set ford herein shall be binding upar~ and inure to the benefit and obligation of~T~ and ASOCIATI~N and their respective successors and assigns. ,7 App~catinn v~ Lam. All germs, ~nditions, and ~r~isio of this Agreement are subject to all applicable federal laws, state laws, the Chaser of the pity of Denton, a1.1 ordinances assed pursuant thereto, and ah ~t~dicial determir~atians relative thereto. P ~ _ ~ ~.S Egcln.slve A~eement~ This Agreement aon~ the entire understanding anal constitutes the entire agreement between the parries hereto concerning the suh~ect matter contained herein. There are zoo representations, ~ agree7aaents, arrangements, ar understa~ads, oral or written, cxpres~ or implied, between or aruong the parties hereto, rely f to the sub'ect matter oft Agreement, which are not filly expre~ed herein. The ~ i { f f • f i terms and cond~tian of this Agreement shall prevail, notw}#taridin any variance m ~ A.greernent from the terms and condi~ans ~f any other doc%~ment relating to t tnsaction or these transactions. f North ~`~xas State Fan P~'2a0~ ~a~ Funds -Page 7 G i - - • i ~ ~ ~.9 D~plieate ` ' . Thls Agreement is executed ~ duplicate originals. - ~.1~ ~ea~. The headings and subh~gs of the various sections and paragraphs ~f - this ~ eeznent are seated merely far the purpQSe of convenience and do not express or imply any ii~nitation, deftian, or extension of the sp'ecic terms of the ~ section and . paragraph so designated. ~ . 5.x.1 ev~rab` ' . ~f an section, subsection, paragarraph; ~ sentence, clause, phrase or word Y Y this Agreement,. or application thereof to any person ar circumstance is held invalid by . any court of competent jurisdiction, such holding ha11 not affect tae validity of the rernai~ing portions of this Agreement, and the parties lierehy declare they would have enacted such remaa~ing portions despite a~ay such invalidity, ~ . x.12 ur~c~, A~~CL~TI~I~ shall, at a minimum, provide insurance as follows: 1. ~~~,DO~ CQn~mercial Genet Liability, or $1,~0~,~0~ event Insurance, . covering all everts tal~ng place on Cxty~owned prap~, tat~tory workers' compensation ,and ~a~playexs' Liability ~ l 00,~0~1~~0,aa~1$10a,a~0~, and $~~0,0~~ Li uorlDram ho Llablhty for any event occurzang on ityR ~ ~ owned p~raperty where a~cohal will be provided or seared. a~n additional insured on ~ all licies exact t warl~ers' CITY must be Warned as po ~ p ~mpensation~, and proof of coverage shall be submitted prior to any payment by the CITY. ~UT~~ this ~ day of_ - ` - - ~ ~~5~ - ~ IT`Y OF DENTG~, T~~ ~y. . - E~I~CrE A~V~P~~LL, . ~IT~ 14~AArER . _ f ATTEST: - ApP~~~ A TGAI~~~' • ~y: B : - ~ER ~wA.LTER., 1VI. T, . CITY ~TARY INTERIlVI IT ~E~Y . . . ~ N~r~h Texas State Fair P~2~09 ~~T F~ids - Fay S i k _ i ~ - i 1 I E N~RT ~A STATE ~A~ i I - PreS~ t ATTE AFP~~~ A T~ ~,EA~. FAR: z By: E i r I~ 1 _ } I I i A 1 i F ' - North Teas Sate fair PY~009 ~~T Funds ~ ~a~~ ~ I F I A i - - ~Xhl~]It ~ North T~xa taco Fair Ao~~iatior~ Noah Texas ~a~o Farr and Rodeo contract Applicant PY~OO9 Budget f r J AD1I~RTI~N~ ' I Internet lrlfeblte s 3,00 Radio ~ x,000 NepaperlMaga~ine ~O~OOQ - Billboard~ 7,000 . Television ommcrci~l 18,000 80, oQo Totai Request} 80,~~~ h f 7 h I I 4 F I i F I Y i h AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Tejas Storytelling Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($55,000 -Hotel Occupancy Tax Committee recommends approval 2-0) BACKGROUND This agency is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for aone-year term beginning January 1, 2009 through midnight December 31, 2009. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW The Hotel Occupancy Tax Committee reviewed all budget applications and recommended allocations to the City Council during the Work Session on August 7, 2008. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $55,000 for FY 2008-2009 and has been included in the Annual Program of Services. EXHIBITS Ordinance Contract Respectfully submitted: Bryan Langley Director of Finance s:l~ur docurn~utslordincesl~8l~ot ~un~sl~ejas oxd.dac DRDINANE A~JTHDRI~IN THE CITY. NIANAC~ER T~ E~EUT~ AN AN ~RD~NAN~E EN THE ITS OP DENTIN AND THE TEJAS ST~RYT~LLrN~ A,EEENT BETE INS. FDR THE PAYMENT AND USE ~F H~'TEL TAB I~E~ENUE; AND ASSO~AT~~N, P~~~~DIN~r AN EFPE~'I~E DATE. THE DL~N~IL ~F THE CITY DF DENTDN HERESY ORDAINS: SECT~DN The i a~age~r, ar his designee, is hereby authorised to ea~ecute an n the ~ of Dentar~ and the Ted s Storyte~~in AssOCltla~, Y~c. far the agreernen~ betee - hotel tax ~e~re~nue under the terms and conditions contained in the payment and use of ' is attached hereto and made ~ part hereof. agreement, a copy of ~hrch . This ordinance sha~~ became effective i~nrnediately upon its passage and E~TIDN ~ approval. D APPRD~ED this the day of , PASSED N 11~AK A. B~RR~t~HS,1I~AYDR ATTEST; JENN~FE~ SALTERS, CITY E~RETAR~Y ~Y: APPDED AS TD LEGAL FDRNI: JOHN NI. RN~H CITY ATT~NEY rr - . ~ . ~ - R i~ {a~ find ~ft~s project in ~o ~ eom~ ~ ~ fig. ' of this ~ P bid ~ ant ~ mod. And fume ftu~d~ i~ so~e~~ respo~~bili of # ~~i ~ i ~ ~ ! . ~ ~ e~y t this t ~n no vv~~ ~b~~s the ~era~ Fri or Y . oar m or cadets of I~'Y. a ~ ~ i ~ • ~ ~ v~r~ha' fu~rr ado ~ the A ~YAT~''s y from r b ~ i 5 ~.1 tae ;~~r a~d~~n vonsi~on afthe. ~ 4 I'T'S ~o A~.AT~~ afe i ~ . P~~ aOd ~~n ~ dot tax ~ ~ above, A~~A~I~ use ~ hotel tai funds o for dv~ and c~ndu.ng~soli~o~s ba ~ t~urit ~ c~~veon del lutes or~ . ~ the mac' ~r its _vrll~ ~ ~ . promo~on, ~~no~em; a~+d pl~~on of lug ~ i~stne and ~ mom, fiance, draw, fink' fit, car+~re ar~~, c a~,d alliotl het ~ ~ ' 1~~Y~ ~ a c ~ ~mo~on ra.o t~e~~i sod . ~ _ ~ ~ rec~r~, and oar arts reed the pr~itvn, pe~x~; ~eia~, aid e~bi~io~ of the ~v~r art forms a r'~. ~ o~~ 5~,1~~~a~~. ~s for ~r eer vvh~~h . ~ ~ unused by r~dn~t 31 of y shah. be receded. TTY shy cys. ~ ~ tie The finds rev ~ ~y ~ATI~N may t for ~ 'o ~ once sad tr~ve~ a~~ other ~ ~ ~ ~ ~ve oos~ a~ad ~y BODE 3~1:I~I~~; b~ o~ if each su~i ~ is d~~ a~ri~le to ~ , which ~ tosm the hotel a c~nveo~ idus~y;' a ~ p~ron~ote at lit ore ~ ~e ~x ~o sus anted ~ T ~~i~ol~~~~ ! i 4 ~ ~ ~ ~ ~ ~ . ' ~f~ ~ ~ ' ' 've ~ of ~'f~~N fir which h~te~ tax . F f~uads may be usod ~l not e~cee~ thadt pardon of A IATI~N's '~e eosxt~ ~curmd m. co the ~a`ri~~ spe~i~ed ~ ~bQVe. ~ fib} ~atei ~t funds mad dot be for a~el for meson. ~ ao. ~ o~ duct ~ a~vi~ ~ 1~~~ of which ~s~not ~y reed tx of locai~ town and ~ onvion~ ~n~d ~1 ius#r~ a the performa~e of fn's X06 ~ an effcit a~ prafessio miner. r ~ w _ - ~ k Teas F~ P1~009 ; P~ ~ ~ ` . rt f a' a, a• ~ ' into ~ fain perorm~nce of those ~i~es ~ontn~a~ed , l ~ above, and further eondl~oned upon ~ co ob~g~ons ha ' ` a ~ riot cx the fill ~ ofthis Ag~ement~ ~ • ~ k 4. Aodic ~ A~reeent shill f ~~oma~~y upon ~ ~n0~ ~f8~1~ Oft folloWi l ~ ~ 'on ofth~ s~ence of A~AT~C~I~~ { ~ The inso~v~ of ~C~A'T~~, the filing ~ cf ~ ~ , ~ith~r ~F~ ~olu~y or ~nvotu~rily, or an by A~A'~ far tl~ lnef~t ofcreditors# . con~'n~~n of ~ bacla of y of ~ or conditions of is Amt ~y ~~r~~ or ~~A~~ for morc ~ ~ da}~s` ~e~r t~ notice of such ba,ch ~ to ~~in pay t oet per, , . C. ~d} ~ ~u~e of ~#~~AT~O st a ~I ~~t~ report which complies ~ ~ the of e ~ cow ~ or fly ~s req~ bar Sermon ~ .3 ~t ~ 'I' ~ ~ ~~Iotwi t*yj} other ~vion i r of his ~ mitie ~d evidence end issues for ,~dicia~ de~er~on,' ei ~ shad ~e ~ rig ~ this nt ~ ~edia~e fee ~ ~ ~ other patty rn the event tl any ~ s Muted won ca~g ties of r* nom pay, and ~ onab~y l,~eves that ~~ve~ requd or ahibite~. under~t~ Aeernnt, ~ . 4,5 ~ t event t t~s Ag~ee~eut ~s to yr 4.~, A~I~TT agrees ~ to refund ~ . and unusod fund, or funds deterred b ff~ to h~►ve been used Y imppe~i~, within days afar ~fthi,s ~eeme~. . . ~ ~ ooN ~r~ao~ for forsoe of eee~..o~ in the ~~t s1 pftt, nor he cow to pna~i went IAT~~N nth Sher 'vate ' s n, or . 'on for perf~ce of thosc spices des~ibed above. ~ the that AS~A~#o ant info ~y o~ nth ~ other en~i ~ or one 0~ ~ ~ ~ offer person; .~n ~ o~form to, a b~ ~ atl ~vons, ts, ~rnd. d~~s ofth A ~ a to ~o~~ ~ ~cl~ rerdng ems, funds ~aintce and . ~ moons and~p~al~ibi~ ' ` ofthe ~ pame~ anal hotel funds. f ~ ~p~d~t ~ ~ r. A~T~~ sal ~e as an independent as to a ~.ce~ to~he mod un phis nt . not as a~. a~eer ~ or % ~ of I ASO~~A'I~N ~ eve exc~e control o~ i a~p~ions and ~erfa~ae of ser~ic~ ~ ~ ~.~~e or~o ~ e sane, aid ~ ~ Te~a~ ding ~Y~Op9 , ~ ~ yi k ~ ~ I _ ~ i r~ ~ ~ ~A~IAT~~ s~ be s~~e~y ~~~e r tie ads and ~ , . ~ , [1S5~o~lS O ~ ~Ct~rS, ero~toy~cs, ~ ~o~~ors. AS's ~ ~+at t . . ode a pn~r.or v~r ► nor sh~1 A~~T~~N' ~e runs' ~ nor in ~n ~ manor o , an ~ or o ofr~'. ~ How AND ~~1~F~ND l ~ oFl~II A ~ ~ LAY + ~`R~ Awl ~T AMY A L ~ ~ R l 1 ` ~ ~ ( I f' ~ ~ ~A~IA'~~ ~ not assi . tt~s A~ t~au~ ~ ob~g ~h~ vtt~n canen~ of~~. { Nvf y quid ~e ~ ~ ~r . gym any stems off, ~r ~ b~ e~~r~ win ~~~n ~ wri ` and 'tad in #h~ ~ , nod fiG~s 1, c~i~d 'Y~ ~v~ des as Rollo: F A~tA ~ * ~ T ~ ~ to ryt~l~ a~a~o~, Ins. i~ ~f~~, sit TTl~o~as ~t~ E. c~ ~ P_~. fox ~S~d T' 7~2~~ Igo 7 l • V I ~A ~eac • . . + , h p~o~.oa ~o~ ~d each ~ ~ , obi ~ i f . , ~ ~tys~tfor~~shall~b~~ ~~#a~~ ~ and o~~gon ~f TIC ~ A~IA~~ and x re~~~~ ~~r ate. terms, c~~ and. ~rov.oas of t all ~ ~ lrl f~d~ vv~s, ~ , tie 'h~rr the i o Tinto ail . ~ v p~ss~d a all~uud~c~ cis reti~r~ tiro, i 4 ~e ~ ~o~de~d~ a ~ons~ e ~ ~ bete tb~ hereto c~ • rr ~ subje ~r n#ed hen. '~`r~ ~~1~+e re~~r~nons, a~ tole ~ ~e nor of the not f~il~r ~ ~ ~ ~ k oos of t ~t ~ p~eva~, ~ va~a in ~ ~ ~ ~ aid c~x~ns f o~ and o#~er doc~n~nt i~ t man ar ~ ~~c~o t r . ~'~aas ~T ~n~ ~Y~UO9 ~ ge'~ ~ - ~ r i~ f • } ~ - ~ / _ eau. ~ ~ ors y 4 f ~ vat~a~s sons d.~~s a~ ~ ~ ~r ~f va~vie~ d da n~~. o~ ' ~ ~ ~ ~ ~Y d~~o~ ~~n c~t~e spec ~ ~fthe s~ca~ aid ~ ~ 511 ~ ' . si~~ ~~ior~ ~ g~r~me~t~ ~c ttaf and pn~. ~r ~c' i ~e :i~ ~e~~ ` c~mpte~t j~~tic~~, ~h ~aldi ~ a~`t ~ va~~Z ~ #~e * , ~or~a~ de. ~ F j ~ ~ ~~~A~~1~ E 1 ~ • ~ ~ ~ I~a~~y, ~r I,,~O(~ vet ~ cov • ~ ~ ~ 1 ~4;~~~l5~~,~01$ ~ a ~SQ~ ~ L~q~o~ hip Li~bt~ f` ~v ' Y ~'op~ v~ere ~.h~l ~ be pv~~ ~d. r V ~d p~~~s } ~ aid r a P~~ . t~i.~ ~ y of ~ ~ 5~ . t i ~~11 ~~44 r ~iT~~': A~P~ ~ f L~: ~ . ~ ~1I~R ~A~,TER, r ~ i C~ ATT ~ r r ~ ~~II ~ l ~'p * r• f`` 1 ' `i 4 , ' 1 i.l.■ I i ' . ~ f h !Y ' i i - I~ f J ~ ~ I I. 1 , i f . ' T~B~ dm~ ~9 ~ Pie ~ I + - . ~ ~ 1 4 i ~ Exhibit A Tej St~r~rt~llin Aoition Tejo ~ory~e~ling ~e~}v~l contract Applicant ~ r PY~OO9 Budget ~ ADVERTISING Storytelling i Ne~rspaperlMaga~ine ~ 7,000 Marketing ~ ~ ~,OOO Billboards ~ , 500 Printing Pro~otion and piret Mail ,00~ ~ornmercial ~ ,ooh Radio f ,OOH Photography ~ MoD Internet 1lVebite ~ ,ooD 45,00 ART ' Storytelling Perfiorrr~er I ~,OOQ Site operations ,ooh ~~,~0~ f Tat~~ R~q ue~ $ } r s - _ ~ ~ } k AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: Transportation Operatio ACM: Howard Martin, 349-82 SUBJECT Consider an ordinance of the City of Denton, Texas authorizing the City Manager to execute on behalf of the City of Denton an Airport Project Participation Agreement with the Texas Department of Transportation relating to certain improvements at the Denton Municipal Airport; authorizing and directing the City Manager or his designee to expend funds as provided for in said agreement and to execute documents on behalf of the City of Denton in order to implement the project; and providing an effective date. (Airport Advisory Board recommends approval 6-0) BACKGROUND On November 18, 2004, the Texas Transportation Commission approved Phase I of the Denton Runway Extension Project approving for the land acquisition, design and environmental review of the proposed project for the Denton Municipal Airport. On January 4, 2005 the Denton City Council approved ordinance 2005-013 authorizing the City Manager to execute an Airport Project Participation Agreement (APPA), 90:10 grant, identified as SXXAV041 funding Phase I of the Runway Extension Project. This APPA or grant agreement for Phase I was in the amount of $905,000, $90,500 local, and provided funding to reimburse the City of Denton for local funds expended on land acquisition and provided for engineering and design services. This agreement also identified TxDOT as the City of Denton's agent for the project which authorizes TxDOT to provide oversight of engineering and design services, facilitate the remaining land acquisition and provide construction management services. As the City's agent on this project, TxDOT will also assist in the preparation of contract documents and specifications, and will manage the bid process. To date, TxDOT has expended $329,989 to reimburse the City of Denton for land previously acquired by the City of Denton in advance of the grant agreement. Additionally TxDOT has encumbered $403,672 for engineering services and an additional $23,029 for survey and appraisal services for the remaining real estate acquisitions. TxDOT is requesting that the City enter into a 90:10 grant agreement in the amount of $710,000 designated for land acquisition. The approval of the attached draft ordinance authorizing the proposed grant, 9XXAV006, in the amount of $710,000, will provide TxDOT the authority and local funding commitment to secure the remaining 23 acres and advance the Denton Airport Runway Extension Project. PRIOR ACTION/REVIEW The Airport Board Recommends approval of the grant agreement 6-0). The Denton City Council approved Ordinance 2004-309 in October 2004 certifying funding was in place for the Runway Extension Project and the Denton City Council approved Ordinance 2005-013 in January 2005 authorizing the City Manager to execute a formal grant agreement for land acquisition and engineering and design services for the Runway Extension Project. ESTIMATED SCHEDULE OF PROJECT Upon approval of the APPA by the City of Denton, TxDOT staff will initiate the final land acquisition phase for this project. Phase II will consist of a twelve (12) month construction phase and will require a second grant agreement prior to initiating construction activities. Phase II is currently targeted for Spring 2009. FISCAL INFORMATION This is a 90:10 match grant project. TxDOT, Aviation Division estimates the total real estate costs to be $710,000. The City's ten (10) percent share of this cost is estimated at $71,000. Funding for construction in Phase II is recommended to be funded through gas well CIP funds. TxDOT is currently estimating the overall runway extension project at approximately $8.7 million. EXHIBITS 1. Draft Ordinance and Grant 2. Draft Minutes, October 8, 2008 Airport Board Meeting Respectfully submitted: Mark Nelson, Transportation Director s:lo~r docur~er~sl~r~i~an~es1081txd~t grant ard.doc ORDINANCE NO, ~ ORDINANCE AUTHORI~IN THE CITY MANAGER, A DENTON' A~JTHORI~ED REPRESENTATIVE, TO ACCEPT ON BEHAEF OF THE CITY OF DENTON AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION ~TxDOT~ REL.ATINC~ TO A GRANT FOR CERTAIN INH~ROEMENT TO THE DENTON MUNICIPAL AIRPORT; CONFIRMING AGREEMENT TO PA.Y A PORTION OF THE TOTAL PROJECT COTS; AND PRO~IDINC~ AN EFFECTIVE DATE. . WHEREAS, the City of Dea~ton, Texas, intends to .ae certain improen~ents to the Denton Municipal Airport reitin to extension of the runway; and ~UHEREAS, the general description of the pro j eet i described ire Exhibit "A" which i attached hereto and made a part hereof far alI purposes; and WHEREAS, the City of Denton intends to request financial assistance from the Texas Department of Transportation ~TxDOT} for these iampro~rements; NO~V, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The City of Denton, Texas, hereby directs the City Manager to execute on behalf of the City of Denton, at the appropriate ti~.e, and with the appropriate authorl~ations of this overn~r~ body, all contracts and areen~ents with the State of Texas, represented by the Texas Department of Transportation ~TxDOT}, and such other parties a shali be necessary and appropriate for the implementation of the impro~cments to the Denton Municipal Airport referenced in Exhibit {;AF~~ SECTION This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ! day of , ~aa. MARK A. BURROI~HS, MAYOR ~ ATTESTS JENNIFER WALTERS, CITY SECRETARY BY; APPROEI] AS TO LEGAL FORM; ANITA BURC~ES S, CITY ATTORNEY BY: _ _ Exhibit A TEA D~PA~TMNT TRANF~I~TATION ~.~RP~RT ~~~JE'T ~A~TIIPATZ~N AREEIVI~NT Federally A~sis~ed A~rpo~ Develapent grant} TxDQT ~ No.: o~ 18~ENT~ T~i~~T Project loo.. AP DENT~1~ la TxD~T Contract No.: 9XAVOD~ Camm~ssion Approvat: August 28, 2008 Part I ~ Identi~cat~on of the ~~roject T~: The City of Denton, Texas FROM: The State of Texas, acting through the Texas Department of Transportation Thzs Agreement x made and entered into by and between the Texas Department of Transportation, ~here~nafter referred to as the "State"}, for and an behalf of the State of Texas, and the pity of Dentan, Texas, thereinafter referred to as the "Sponsor"}. The pansar desires to sponsor a project for the development of a public aviation facility, known ar to be designated as the Airport u~.der the Airport and Airway ~xnprove.ent Act of 1982, as repealed and recodr~ied ire Title 49 United Mates Code, ectinn 4710 et seg., thereinafter referred to as f'Tit~e 49 and Rules, Regulations and Procedures promulgated pursuant to; and under V.T.C.A. Transportation Cade, Title 3, Chapters 21-22, et seq. {Vernon and Verr~an Cupp}• The project is described as follows: acquire hand fair Runway extension, runway safety area and rnediun~ intensity approach lighting system with runway alignment indicator lights at the Dentan Municipal Airport. The ~pansar applies for federal financial assistance and desires the Mate to act a~ the sponsor°s agent 1n matters connected with. the project described above. The pasties, by this Agreement, da fix their respective responsibilities, with reference to each other, with reference to the accon~plxshment ofthe project and with reference to the United States. Pursuant to and far the purpose of carrying out the pravisioxts of Tithe 49 U.S.C., axed in consideration of ta} the pansarrs adoption and ratification of the representations and assurances contained in the Airport Project Participation. Agreement and its acceptance of this Offer as Page 1 of 28 i i provided, and fib} the benefits to accrue to the United States and the public 'orZi the accomplishment of the fro j ect and compliance with .e assuraa~ces and conditions provided, TIIE TEA DEPARTMENT TRANPRTATI~N, FDR AND ~N BEHAI~E DF TAE UNITED STATES, FEDERAL A~IATI~N ADMINITRATIDN HEREINAFTER REFERRED T~ THE 'rFAA"}, OFFERS AND AGREES to pay, as the United States share ~f the allowable costs incued in accQ~.pl~shin the project, ninety perce~tu~. of all allowable project costs. This grant is made an and subject to the ~011o~ng terms and candit~onsd Past II - Dff~r of Financ~a~ Assis~anee ~ . The allowable casts of the project sha11 not include any costs determined by the State to be ineligible for consideration as to allowability under Title 4 U,,., the ~.T,.A. Transportation bode, ~'itle 3, chapters 21-~~, et seq., Vernon and ~ernan Supp~, and the Airport honing Act, ~`ex. Loc . avt. bode Ann. ~ 241. 1 et seq. ~Vernan and Vernon upp~. 2. It is estimated that Rand acquisition pro ject costs ~vi~~ be appro~hnate~y X71 x,000 .Amount A}. It i further estimated that approximately 71 ~An~ount D} of the project costs wi11 be eligible for federal financial assistance, and that federal financial assistance wi11 be for ninety percent ~~0°Ia} of the eligible pra~ect costs. Final determination of federal eligibility oft~tal project costs wi11 be determined by the State in accordance with Federal guidelines following completion ofproject. In the event that federal funds are unavailable, this Agreement shall automatically be voided and become of na force and effect, except that unexpended or unencumbered moneys actually deposited by the Sponsor and held with the State for project purposes sha11 be returned to the Sponsor. 3. die maxirnun~ obligation of the united States payable under this offer sha11 be ~39,04~ ~Am,aunt This grant should not be construed as black grant funds for the Sponsor, but as a ant for funding of the scope items as listed an page one of this agreement. It is the intent of the State to provide funding to camp~ete the appxoved work items of this grant and not to amend the scope of work to include items outside of the current determined needs of this project. Scope of work inay be amended as necessary to fulfill the unforeseen needs of this specific development project within the spirit of the approved scope, subject to the avallab111ty state, federal, andlor local funds. 4. It iS estimated that the Sponsor's share of the total pra~ect costs will be $7 ~Arnaunt . I~}. The Sponsor specifically agrees that it shall pay any project cash, which exceed the sum of the federal share ~Anaount . It is further agreed that the Sponsor will reimburse the State far any payment ar payments Page 2 of 28 made by the State in behalf of the Spansar which are in excess of the federal percentage of financial participation ~ stated in Paragraph I~y2, The Mate sha~~ refund to the Sponsor, at the financial c~osuxe of the project} any excess funds provided by the Sponsor. 5. ~f there is an overrun zn the eligible project casts, the Mate may increase the grant to cover the amount of overrun not to exceed the statutory fifteen ~ I ~°Io} percent lim~tatlon, and will advise the Sponsor ~ by amendment of the increase. Upon receipt of the afarerrientioned amendment, the ~.aximun~ obligation of the United Mates is adjusted to the amount speei~ied and the Sponsor wi11 remit their share of the increased grant amount, . Participation in additional federally eligible costs nay require approval by the Texas T~ansportatior~ amrnission~ The Mate wi~~ not authari~e expenditures in excess of the dollar amounts identified in this Agreement and any amendments, without the cansent of the Sponsor. Payment of the United Mates share of the allowable project costs will be made in accordance with the provisions of such regulations and procedures as the State and the FAA, shall prescribe. Final determination of the United Mates share will be based upon the final audit of the total amount of allowable project casts and settlement wi11 be nude far any upward ar downward adjustments to the Federal share of costs. G, Sponsor's share of project costs Amount sha11 be paid initially in cash when requested by the State. At project closeout, Sponsor will be credited with cash payments made under this paragraph reimbursed far any credited aznaunts that exceed Sponsor's share. 7. Sponsor, by executing this Agrecn~ent certifies, and upon request, sha~1 furnish proof to the State that it has sufficient funds to meet its share of the casts. The Sponsor grants to the Mate and federal government the right, upon advance written request during reasonable and regular business hours, to audit any books and records of the Sponsor to verify said funds. In addition, the Sponsor sha11 disclose the source of all funds far the project and its ability to finance and operate the project. Following the execution of this Agreement and upon written demand by the State, the Sponsor's financial obligation Amount D} shall be due and payable to the State. State may request the sponsor's financial obligation in partiax payments, Should the Sponsor fall to pay file Obllga,an, either in whale or in part, within 3o days of written demand, the State nay exercise its rights under Paragraph ~-7, Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay sha11 be considered a breach and the Sponsor nay exercise any rights and rernedxes it has at law or equity. Page 3 of ~S i PART - Sponsor Respo~sl~i~lties ~ . in accepting the Agreement, the sponsor guarantees that: a. it wi11 comply with the Attachment A, Certicatian of Airport Fund, attached and made a part a~`this Agreement; and it will comply with the Attachment Airport Assurances ~31~o~5}State Modified 31~~~5), attached and: made part of this Ag~reen~ent; ar~d c. it wi11, in the operation of the facility, can~ply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas or the FAA in connection with the federal grant; and d. the Arrpart or navlgatlanal fac~llty which ~s the subject of this Agreement sha~~ be controlled far a period of at least ~a years, and irnprovernents made or acquired under this project shall be operated, reported and ~na~ntalned 1n a safe and serviceable manner far the useful fife of said in~provernents, not to exceed ~0 years; and e. consistent with safety and security requirements, it shall make the airport ax air navigational facility available to alb tYpes~ kinds and classes of aeronautical use without unjust discri~ninatior~ between such types, kinds and classes and shall pravfde adequate public access during the term of this Agreement; and f. it shall not grant or permit anyone to exercise an exclusive right fox the conduct of aeronautical activity on or about an airport landing area, Aeronautical activities Include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways ar landing strips, taxiways, parking aprons, roads, airport lighting and navlgat~anal olds; and g. it shall not permit non-aeronautical use of airport facilities, unless noted an an approved Airport Layout Flan, without prior approval of the StatelFAA; and h, it shall not eater into any agreement nor permit any aircraft to gain direct ground access to the Sponsor's ahpart franc private property adjacent to or ire the immediate area of the airport.: Further, Sponsor shall not allow aircraft direct ground access to private property. Sponsor shall be subject to this prohibition, comrrianly known as a'through-the-fence operation," unless an exception is granted ~n wr~ting the State due to extreme clrcun~stances; and i. it will acquire all property interests identified as needed for the purposes of this Page 4 of ~S i project and comply with all applicable state and federal laws, rotes, regulations} procedures, covenants and assurances required by the State of Texas or the FAA in connection with the federal grant in the acquisition of such property interests; and that airport property identified within the scope of this project and Attorney's ertifrcate of Airport pxoperty~fnterests shall be pledged to airport use and shall not be removed from such use without prior written approval of the State; and the Sponsor sha11 submit to the state annual statements of airport revenues and expelases as requested; and all fees collected far the use of an airport or navigational facility constructed with funds prodded under the program shall be reasonable and nandiscrin~inatory. The proceeds of such fees shall be used solely for the development, operation and maintenance of the Sponsor's system of airports} or navigational fcility~ites}. 1. an Airport Fund shall be established by resolution, order or ordinance in the treasury of the sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund shall be submitted .ta the State. Such fund nay be an account within ~ another fund, but must be accounted far in such a manner that all revenues, expenses, retained earnings, aid balances in the account are discernible from other types of moneys identified in the fund as a whole. A11 fees, charges, rents, and money from any source derived from airport operations must be deposited in said Airport Fund and shall not be diverted to the general revenue fund or any ~ other revenue fund of the Sponsor. A11 expenditures firorn the Airport Fund sha11 . be solely for airport or airport system purposes, Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subparagraph; and m. for federally funded projects any revenue from airport property mineral rights be Identified as airport revenue; deposited to the airport fund and used for airport operations; and n. the Sponsor shall operate runway lighting at least at low Intensity franc sunset to sunrise; and o. insofar as it is reasonable and Within its power, Sponsor sha11 adopt and enforce coning regulations to restrict the height of structures and use of land adjacent to ar in the immediate ~ricinity of the airport to heights and activities calnpatible with normal airport operations as provided in Tex. Loc. govt. bode Ann. ~ X41.001 et seq. Vernon and Vernon ~upp.~. Sponsor shall also acquire and retain aviation easements or other property interests in or rights to use of land ar airspace, unless Sponsor can show that acquisition and retention of such interests wi11 be Page 5 of 28 i s impractical or wi11 result in undue hardship to Sponsor. Sponsox sha11 be ineligible far a subsequent grant ar loan by the State unless pansy has, prior to such subsequent approval of a grant or loan, adopted and passed an airport hazard coning ordinance ox order approved by the State; and p. it will provide upon request of the State, the engineering or planning consultant, and the FAA copies of any reaps, plans, ar reports of the project site, applicable to or affecting the above pro ject; and q. after reasonable notice, it will permit the State, the FAA, and any consultants and contractors associated with this project, access to the project site, and will obtain permission. fox the State, the FAA, and consultants and contractors associated with this project, to enter private property far purposes necessary to this project; and r. all development of an airport constructed with program funds sha11 be consistent with the Airport Layout Plan approved by the State and maintained by the Sponsor. A reproducible cagy of such plan and all subsequent modifications, sha11 be led with the State far approval; and s. it shall take all steps, including litigation if necessary, to recover funds spent fraudulently, wastefully, ar in violation of Federal antitrust statutes, or rriisused in any other manner in any project upon which Federal and State funds have been expended, For the purposes of this grant agreement, the. term '"funds" means funds, however used ox disbursed by the Sponsor ox ,Agent that were originally paid pursuant to this ar any other grant agxeernent. It shall obtain the approval of the State as to any determination of the amount of such funds, It shall return the recovered share, including funds recovered by settlement, order ar jdgn~ent, to the State. It sha11 furnish to the State, upon request, all documents and records pertaining to the determination of the amount of the funds ar to any settlement, litigattan, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such funds shall be approved in advance by the State. The Sponsor certifies to the state that it wi11 have acquired clear title in fee simple to all property upon ~vh1ch can.struction work is to be performed, or have acquired a leasehold on such property far a term of not less than years, prior to the adveisernent for bids far such construction or procurement of facilities that are part of the abase project, and within the tune frame of the pra~ect, a sufficient interest easement or otherwise} in any other property which maybe affected by the project, 3 . The sponsor, to the extent of its legal authority to da o, sha11 save harmless the State, the State's agent, employees or contractors from all claims and liability due to activities of the sponsor, the Sponsor's agents or employees performed under this agreement. The Page ~ of~8 i Sponsor, to the extent of its legal authority to do so, shall also save harmless the Mate, the State's agents, employees ar contractors from any and ail expenses, including attorney fees which might be incurred by the Mate in litigation or otherwise resisting the claim or liabilities which might be unposed on the State as the result of such activities by the Sponsor, the sponsor's agents or employees. 4. The ponsar's acceptance of this offer and ratification and adoption of the Agreement incorporated shall be evidenced by execution of this instrrament by the Sponsor, and the Agreement shall co~.pxxse a contract, constituting the obligations and rights Qf the State of Texas and the Sponsor with respect to the accamplishn~ent of the pro j ect and the operation and maintenance of the airport. Such Agreement shall become effective upon execution of this instrument and shall remain in fu11 force and effect fvr a period of at least 2~ years. 5. The Sponsor and not the State shall, for all puzpvses, be the ~'ponso~" of the project identi#ied above as defined In Tithe 49 U.S.Q. Sponsor agrees to assume responsibility far operation of the facility xn compliance with all applicable state and federal requirements including any statutes, rues, regulations, assurances, procedures or any other directives before, during and after the completion of this project. The Sponsor shall have on file with the State a current and approved Attorney's certificate of Airport property Interests and Exhibit A property neap. 7. The sponsor sha11 have on file with the State, Attachment erti~icatian Regarding Drug-Free workplace Requirerrients, attached and made part of this agreement. Unless otherwise approved by the State, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or inanufactuxed products produced outside the United Mates to be used far any project for airport development ar noise cornpatibillty far which funds axe pxovided under this grant. The sponsor gill znc~ude in every contract provision implementing this special condition. Part I~~ Na~.lnation of the Agent 1. The Sponsor designates the State as e party to apply fox, receive and disburse all funds used, or to be used, in payment of the costs of the project, or in reiinbursen~ent to eithex of the parties for costs incurred. The State agrees to assume the responsibility to assure that all aspects of the grant are done in compliance with all applicable state and federal requirements including any Page 7 of ~S _ i statutes, rules, regulations, assurances, procedures or any other directives, except as otherwise specifically provided, . The State shall, far all purposes in connection with the project identified above, be the Agent of the Sponsor, The Sponsor grants the State a power of attorney to act as its agent to perform the fallowing services: Receiving Disbursing Agent. a. apply for, accept, receive, and deposit with the State Treasurer any and all project funds granted, allowed, and paid ar made available by the Mate andlor the united States under Title 49 U.S.Q. and congressional appropriation; ~ . b, receive, re~rlew, approve and process Sponsor's reirnburserrzent requests for approved project costs; and c. pay to the Sponsor, from granted funds, the portion of any approved reasonable and eligible project costs incurred by the Sponsor that are in excess of the Sponsor's share. Pying Ae~: d. receive, re~iev~, approve and pay invoices and payment requests for services and rnatcrials supplied in accordance with Mate executed contracts. ontr~~ting Agent: e. advertise for professional services for, but not 11m1ted to, the preparation of appraisals and surveys for the above project; negotiate professional services fees; a~ad execute, on behalf of the. Sponsor, services agreme~.t~ as related to this project; f. administer l~xsadvantage Business Enterprises ~~BE} andlar Historically Underutilized Business {I~UB~ Programs in accordance with state regulations. PART ~ - Recitals 1. The State and the Sponsor shall obtain an audit as required by federal or state regulations. The pansor, and not the Mate, shall. be the contractual party to all construction and professional service contracts entered into for the accomplishment of this project. The power of attorney, as granted by the sponsor to the State in Part iV - Non~lnatran of Agent, rs a 11n~ited payer to perform R acts in connection with airport irnpxaven~ents as specified ~n or necess1tated by this Agreement. Page 8 cf~$ 3 . The Sponsor agrees to pursue and enfaxce contract items, which ~ are required by federal andlox state regulations, laws and orders to insure satisfactory performance of contract vendors. Such items include, but are not limited to, bid bo~.ds, payment bands, and pexforzria~]Ce bands. Pursuit and enforcement of contract items may require litigation and other remedies of law. 4. The united States and the Mate of Texas sha~~ riot be responsible or 1iab~e far damage to property or injury to persons which may arise firom, or be incidental ta, compliance with 1s grant agreement. 5. This Agreement is executed for the sole benefit of the contracting parties and is not intended ar executed for the direct or incidenal bene.t of any third party, ~urtherrnore, the State shall not be a party to any other contract ar commitment, which the sponsor may enter into or assume, or have entexed into or ha~re assumed, in regard to the above pra~ect. G. ~f the Sponsor falls to comply with the conditions of the grant, the State ray, by written notice to the Spansor, suspend the grant in whale ar in part. The native of suspension shalt contain the fallowing: a~ The reasons far the supension and the corrective action necessary to lift the suspension; b. A date by which the corrective action must be taken; c. ~atificatian that consideration will be give~a to terminating the grant after the Corr~Ctlve actl0n date. In the case of suspension or terlninatian, the Sponsor may request the Mate to reconsider the suspension or ternainatian~ such request for reconsideration shall be made within 45 days after receipt of the nonce of suspension or termination. 7. This Agreement is subject to the applicable provisions of Title 49 U,S,., the ~.T,~.A. Transportation bode, Title , chapters ~l- et seq., Vernon and ~ernan Supp.~, and the Airport caning Act, Tex. Loc. Gait. fade Ann. ~ ~ 24 ~ .~o t et seq. {~ernon and Vernon Supp.}. Failure to comply with the terms of this Agreeiner~t or with the rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below. a. Qfprirr~ary importance to the State iS compliance With the terms and oond~~.ons of this Agreement. however, after all reasonable attempts to require compliance have failed, the State finds that sponsor is unwilXing andlor unabXe to comply with any of the terms and conditions of this Agreement, the state may pursue and of gage 9 of28 J dart VI - Acceptance of tb~e sponsor The qty of Denton, Texas, daes ratify and adopt ail statements, ~ resentat~ans 3 warranties, covenants and agreements canstitutxng the described project and incorporated materials referred to in the Agreement, and daes accept the offer, and agrees to all of the terms and conditions of the Agxeen~ent. ~x~c~t~d thls day of , . The i of Denton Texas punsor ~tness signature panor i atare I I.~ ~tness Title sponsor Title certificate of ponsor~s Attorney t I, ~ , acting as attorney fur ~ ~ Texas, da certify that Y have fu~~y examined the Agreement and the pruceeding~ taken by the sponsor rebating, and end that the manner of acceptance and execution, of the Agreement by the Sponsor, is in, accordance with the laws of the Mate of Texas. Dated at ~ Texas, this day of ~ ~Q, r ~tneS lgrl~t~ire Attorney lgnature ~ a P F 4 witness Title Page 11 of 2 S i ~art'~~~ - ~ccepta~.ce of the State . Executed h~ and approved far the Teas Transportation Commission far the purpose and effect aet~vatin and~or carrying out the orders, established policies or work programs and grants heretofore approved and authnri~ed b~ the Texas Transportation commission. STATE ~F TEXAS TEA DEPARTMENT TNSP~RTATI~N B~: Date: Page t~ of ~8 i I ~ ~ ~TT~~~~~T ~~~'TI~'I~ATIDN AIl~RT ~'~]ND The sponsor dues certify that an A~rpoxt Fund has been established fox the ponsax, and all fees, charges, rents, and money from any source derived from, airport operations v~ill be deposited far the benefit of the Airport fund and ~i11 not be divexted far ether general revenue fund expenditures or any other special fund of tb.e Sponsor and that all expenditures from the Fund ~v~ill be solely for airpoxt purposes. Such fund nay be an account as paxt of anathe~ fund, but must be accounted for in such a manner fiat all reveuues, expenses, retained earnings and balances in the account are discernible from other types of moneys identified in the fund as a whale. The Ci of Denton Texas ~Spansor} ~y: Title: Date: Page 1~ of2S i ATTACI~II~ENT B PART V Airport Sponsors (3y~Q05) A. General. 1, These assurances shall be complied with in the performance ofgrant agreements far airport develaprnent, airport planning, and noise compatibility grogram grants for airport sponsors. 2. These assurances are required to be submitted as part oftlxe projectAirport Project Participation Agreement {hereinafter referred to as "APPA"} by sponsors requesting funds under the previsions of Title 49, CJ.S.C., subtitle ~I, as amended. As used herein, the term "public agency sponsor" means a public agency with control. oi' a public-use airport;. the term "private sponsaz" means a private owner of apublic-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and beceme part ofthe grant agreement, B. Duration and Applicability. 1. Airport development or Noise Compxtiblli#y Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed er equipment acquired far an airport development or noise compatibility program project, oz throughout the useful life of the pmject items installed within a facility under a Noise compatibility program project, but in any eventnut to exceed twenty years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be na limit oz~ the duration of the assurances regarding Exclusive bights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, ~nditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration oft Civil bights assurance shall be specified in tlae assurances. A►irport Development or Noise Compatibility Projects [Indertal~en by a Frivate Sponsor. The preceding paragraph I also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life ofthe facilities developed oz equipment acquired under an airport development or noise compatibility grogram project sha~i be no less than ten [I4) years from the date ofacceptance of Federal aid for the project. 3, Airport Planning Undertaken by a S~wnsor, Unless othervu~ise specified in the grant agreement, only Assurances 1, 2, 3, 5, b,13,1 S, 3~, 32, 33, and 34 in section ~ apply to planning projects. The terms, conditions, ar~d assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: General Federal Requirements. It will comply with all applicable Federal Iaws, regulations, executive orders, policies, guidelines, and requirerner~~s as they relate to the application, acceptance and nse of Federat fonds for this project inctuding but nvt limited to the following: Federal l~egislatian a. Title 44, U.S.C., subtitle III, as amended. b. Davis-Bacon Act ~ 44 iJ.S.C, 276{a), et sea.' c. Federal Fair Labor Standards Act - 29 U.S.C. 241, et___ sea. d, Hatch Act - ~ U.S.C.1501, et secy.'- . e, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U,S.C. 4~4I, et set f National Historic Preservation Act of 196b -Section 10b -1 ~ U.S.C. 474(I}.' g. Archeological and Historic Preservation Act of 1974 -16 U.S.C. 4b9 through 4b9c,' h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3~DI, et_. seq. i. Clean Air Act, P.L. 94-148, as amended. j. Coastal bane Management Act, P.L. 93-2D5, as amended. k. Flood Disaster Protection Act of 1973 -Section 142{a} - 42 l;].S.C. 4412x.' 1. Title 49 ,i].S.C., Section 303, (formerly known as Section 4{f}) m. Rehabilitation Act of 1973 - 29 i~.S.C. 794. n. Civil Rights Act of 1964 - Title ~I - 42 U.S.C. 20404 through d-4. o. Age I.liscriminatian Act of 1975 - 42 U.S.C. 6141, et sop. p. American Indian Religious Freedoin.Act, P.L. 95341, as amended. q. Architectural Barriers Act of 1968 ~2 I].S.C. 4151, et__sea.~ gage 14 of 28 i r. Paver plant and 1r~dustrial Fuel Use Act of 1978 -Section 403- 2 U.S.C. 8373.1 s. Contact Work Hours and Safety Standards Act - 4{) U.S.C. 32?, et~1 t. Copeland Anti kickback Act ~ I8 U.S.C. $74.1 u. National Environmental Policy Act .af 1969 - 42 U.S.C. 4321, et sea.' v. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Single Audit Act of 1984 - 3 I U,S.C. 7541, et~'- x. Drug-Free Workplace ~Lct of 1988 - 41 U.S.C. 742 tl~raugh 706. ~xe~utive Orders Executive Order 11246 -Equal Employment Oppor~inity' Executive Order 11994 - Protection of Wetlands Executive Order 11998 ~ Flood Plain Management )executive Order 12372 - Intergovertunental Review of Federal Programs. Executive Order 1269 ~ Seismic Safety afFederal and Federally Assisted New Building Canstructio~n' Executive Qrder 12$98 -Environmental Justice Federal Regulations a. 14 CFR Part 13 - Ynvestigative and l;nfarcernent Procedures, b. 14 CFR Part Ib - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 154 -Airport noise compatibility planning. d. 29 CFR Part 1- Procedures far predetermination of wage rates.' e, 29 CFR Part 3 - Contractors and sul7cantractors on public building or public worl~ financed in whole ar part by loans or grants from the United States.' f. 29 CIiR Part 5 -Lobar standards provisions applicable to contracts covering federally ~rianced and assisted construction also labor standards provisions applicable tanon-car~structian contracts subject to tlxe Contract dark Hours and Safety Standards Act}.' g. 41 CFR Part 60 - Office of Federal Contract Campliar~ce Programs, Equal Employment Oppartxurity, Department of Labor (Federal and federally assisted contracting requ%retnents).1 h. 49 CFR Part 18 - Unifann administrative requirements for grants and cooperative agreements to state and local governments.3 i. 49 CFR Part 20 -New restrictions an lobbying. j. 49 CFR Part 21-Nondiscrimination infederally-assisted programs oftl~e Department ofTranspartation y effectuation of Title Vr of the Civil Rzghks Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 1. 49 Cl~R Part 24 - U'niforrn relocation assistance and real property acquisition for Federal and federally assisted programs. 12 rn. 4~ CFR Park 2b -Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.l o. 49 Cl~ R Part 29 -Government wide debarment and suspension (nonprocurernent} and government wide requirements far drug-free workplace grants}. p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services ofcauntries that deny procurement market access to U.. contractors, q. 49 CFR Park 41- Seismic safety of Federal and federally assisted nr regulated new building construction.l office of Nlanage~te►tt and Budget Oir~utars a. A-87 - Cast Principles Applicable to Grants and Contracts with State and Laval Governments. b A~I33 -Audits of States, Local Governments, and Non-Profit Organizations ' These laws do not apply to airport planning sponsors. z These laws do not apply to private sponsors. s 49 CFR Part 18 and OIVII~ Circular A-87 contain requirements for Stake and Local Gavernnnents receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular slzaII also be applicable to private sponsors receiving Federal assistance under Title 49, United Mates Cade. Specific assurances required to be included in, grant agreements by any of the above laws, regulakians or circulars are it~corparated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Fublic Agency Sponsor: It leas legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adapted ar passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing arrd authorizing the person identified as the af~cial representative ofthe applicant to act in carnection with the application and to provide such additional information as maybe required. b. Privy#e Spanson; It has leg,l authority to apply forthe grant and to finance and carry out the proposed project and comply with all terms, cnnditior~s, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this applieatiat~; and to provide such additional information as maybe required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project casts which are not to be paid by the United States. It has sufficient funds available to assure operation and rr~aintenance of items funded under the grant agreement which it will own or control. 4, Load Tide. a. Yt, a public agency arthe Federal gavernrne~nt, holds goad title, satisfactory to the Secretary, to the landing area of the airport ar site thereof, ar will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out an the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended ar will give assurance to the Secretary that gaol title will be obtained. 5, Preserving Rights and Powers. a. It will not take of permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval ofthe Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims ofright of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will oat sell, lease, encumber, pr otherwise transferor dispose of any part of its title or other interests in the property shown vn Exhibit A to this applicakan ar, far a noise compatilility programproject, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurr2tnnces in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title United States Code, to assume the obligations of tlxe grant agreement and to have the power, authority, and ~rrancial resources to carry out all such obligations, the spansar shall insert in the contract ar document transferring or disposing of the sponsor's interest, and tnalce binding upon the transferee all of the terms, conditions, anal assurances cor~ained in this grant agreement. . c. Far all noise compatibility program projects which are to be carried out by another unit of local government ar are on property awned by a unit of local overnrrrent other tI the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility programpraject.That agreement and changes thereto must he satisfactory to the Secretary. lit will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms ofthe agreement. d. Far noise compatibility program projects to be carved out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-cotnplianee wide the terra ofthe agreement, e. Ifthe spansar is a private spansar, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances far the duration of these assr~`ances. If an arrangerrient is made far management and operation of the airport by any agency nr person other than the sponsor or an employee ofthe sponsor, the sponsor will reserve sufficient tights and authority to insure that the airport will be operated and maintained in accordance Title 4~, C~nited States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. Consistency with Local Plans. The project is reasonably consistent with plans ~existirrg at the tune of submission of this application} of public agencies drat are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Considersrtion ofLncal ~uterest. It has given fair consideration to the interest ofconununities in or near where the project maybe located. 8. Consultation with Users. In making a decision. to undertake any airport develogmen# project under Title 49, CJnited States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. Page 1G uf~8 I ~ IS. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications sirr~ilarly approved. b. It will furnish the Secretary with such periodic reports as required pertait~ir~g to the planning project and planning work activities. c. It wi]1 include in all published material prepared in, connection with the planing project a notice that the material was prepared under a grant provided by the United States. d. It will make such naterial available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to capyr~glrt ire the United States or any other country. e. It will give the Secretary unres~icted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the spor~sar's employment of specific consultants and their subcantra~ctors to do all or any part ofthis project as well as the right to disapprove the proposed scope and cost of professional services. . g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to da all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant ar the Secretary's approval of any planning material developed as park of this grant does not constitute or imply any assurance or commitment an the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronaudcal users of the airport, other than facilities awned or controlled by the United Mates, shall be operated at all tithes in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies far maintenance sod operation. It will not cause or permit any activity or action thereon which would interfere with its use far airport purposes. it will suitably operate and maintain the airport and a]I facilities thereon ar connected therervitla, with due regard to climatic and flood conditions. Any proposal to terr~porat ily close the airport for non-aeronautical purposes must first be approved by t}~e Seaetary. In furtherance of this assurance, the sponsor will have in effect arrangements for- {l~ operating the airport's aeronautical facilities wheneverre~uired; ~2} Promptly marking and lighting hazards resulting from airport conditian5, including temporary conditions; and (3) Promptly notifying airrr~n ofany condition affecting aeronautical use ofthe airport. nothing contained herein shall be car~tr~ed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement ofany structure or facility which is substantially damaged or destroyed due to an act of God ar other condition or circumstance beyond the control of the sponsor. b. It will suitably operate a.nd maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended.. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment ar creation of future airport hazards. 21. Cam~attible Land Ilse. It will take appropriate a.~ian, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of khe airport to activities and purposes compatible with normal airport operations, . including ]wading and takeoff of aircra. In addition, ifthe project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the a,irpart, of the noise compatibility program measures upon which Federal funds have been expended. Economic ltlondiscriminai~on. a. It will make the airport available as an airport for public use on reasonable terms and without unjust dis~'inunation to all types, kinds and classes of aeronautical activities, including canrrtrercial aeronautical activities offering services to the public at the airport. Page ~ S of 28 _ i i In any agreement, con#ract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct ar to engage in any aeronautical activity far furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor ta- ~1) famish said Services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and ~2) charge reasonable, and not unjustly discrirninatary, prices far each unit ar service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, er other similar types of price reductions to volurrae purchasers. c, Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other ~x,ed-based operators making the same ar simi~at' uses of such airport and u#ilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself er to use any fixed~baa5ed operator that is authorized or pemutted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport {whether as a tenant, non tenant, or subtenant of another air carrier tenant) shad be subject to such trondiscriminatory a>xd substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make sirni]ar use of such airport and utYlize similar facilities, subject to reasonable ciassificationssuch as tenants or rxon tenants and signatory carriers and non signatory carriers. Classifcatian or status as tenant or signatory shall oat be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to #hase already unposed an air carriers in such classification or status. f It will not exercise or grant any right or privilege ~hicla operates to prevent any person, firm, or corporation operating aircraft an the airport from performing any services on its awn aircraft with its own err~Ioyees [including, but not limited to rnainter~ance, repair, and fueling] that it may choose to perfamr, g. In the event the Sponsor itself exercises any oftlae rights and privileges referred to in dais assurance, the services involved will be provided an the same conditions as would apply to the famishing of such services by commercial aeronautical service providers authorized by the sponsor under these previsions, h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient opera.#ian of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the Safe operation of the airport or necessary to serve the civil aviation needs of the public. 2~3. Exclusive nights. It wi] l permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public, p'or purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall oat be construed as an occlusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for mere than one ftxed-based operator to provide such services, and b. If allowing more than one fixed-based operator to provide such services would require the reduction of Space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will oat, either directly or indirectly, grant or permit any person, arm, or corporation, #.he exclusive right at the airport to conduct any aeronautical activities, including, but not lirrtited to charter flights, pilot train~g, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier aperatiorr5, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and tr~intenance of aircraft, sale of aircraft parts, and any other actrvrtres which because aftheir darectrelation5hip to the operation of aircraft can be regarded a5 arl aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport be#'are the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport whiclt will make the airport asself=sustaining aS passible under the circumstances existing at the particular airport, taking iota account such factors as the volume of trafftc and economy of collection. No part ofthe 1~'ederal share of an airport development, airport planning or noise cotr~atr~bility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 19'~~ shall be included in the rate basis in establishing fees, rates, and charges far users of that asrpart. 2S~ Airpori t Revenges. a. AlI revenues generated by the airport and any local taxes on aviation fuel established after December 3,1987, will be expended by it far the capital or operating casts ofthe airport; the local airport system; or other local facilities which are owned or operated by the owner or operator ofthe airport and which are directly and substantially related to the actual air tran5partatian of passengers or property; ar for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before ~epternber 3,19$2, by the owner or operator of Pale 19 Df ~8 i i I i the airport, ar provisions enacted before September 3,1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport Owner or operator's general debt obligations or other facilities, then this limitation on the use ofall revenues generated by airport hand, in the case of a public airport, local taxes on aviation fuel} shall oat apply. b. As part ofthe annual audit required under the Single Audit Act of 19$4, the sponsor will direct thatthe audit will review, and the resulting audit report gill provide an opinion concerning, the use of airport revenue and taxes iz~ paragraph ~a}, and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Cade and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be innpased fur violation of this assurance in accordance with the provisions of Section ~71D7 of Title 49, Ctnited States Code. ~G. Reports end ~~spectinns. It will: a, submit to the Secretary such annual or special financial and operations reports as t>~e Secretary may reasonably request and make such reports available to the public; make available.to the public at reasonable times and places a report of the airport budget in a format prescribed'by the 5ecretat'y; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secreta~'y upon reasonable request; c. far noise compatibility program projects, make rer~rds and documents relating to the project and continued compliance with the terms, conditions, ar~d assurances ofthe grant agreement including deeds, leases, agreez~nents, regulations, and other instruments, available far inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and tune prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: ~i} all amaut~ts paid by the airport to any other snit of government and the purposes for which each such payment was made; and iii) all services and property provided by the airport to other units of government and the amount of compensation received far provision of each such service and property. 27. Use by Gavernmer~t ,~lrcraft It will make available all of the facilities of the airport developed with Federal f nancial assistance and all those usable for landing and takeoff of aircraft to the United States far use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cast of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion ofthe Secretary, would unduly interfere with use of'the landing areas by other authorized aircraft, or during any calendar manththat - . a. Ft've (S) or more Crovernment aircraft are regularly based at the airpet-t or on land adjacent there#a; or b. The total number of movements ~co~nting each landing as a movement} of Government aircraft is 3D~ or mare, or the gross accumulative weight afGovenunent aircraft using the airport (the fatal movement ofCovemment aircraft rrtultiplied by grass weights ofsuch aircraft) is ire excess affive million pounds. ~8. Land €or Federal Facilatfes, It wi11 furnish without cost to the Federal Government far use in connection with any air traffic control or air navigation activities, orweather-reporting and coIrmiunicatian activities related. to air traffic control, any areas of land ar water, or estate therein, or rights in, buildings of the sponsor as the Secretary considers necessary ar desirable far r~onsttuctian, operation, a.nd maintenance at Federal expense of space ar facilities far such purposes. Such areas ar any portion thereof will be made available as provided k~erein within four months alder nviceipt of a written request from the Secretary. 29. Alrpart Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing ~I} bo~mdaries of the airport and all proposed additions thereto, together with the boundaries of all affsite areas owned ar can~'olled 6y the sponsor for airport purposes and proposed additions thereto; (2}the location and na#ure of all existing and proposed airport facilities and strictures such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and ~3}the location of all existing and proposed nonaviatian areas and of all existing improvements thereon, Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary an the face of the airport layoutplan, The sponsor will notmake ur permit any changes or i alteration in the airport ar any afits facilities which are oat in confor7rrity with the airport layout plan as approved by the Secretary and which might, in the opinion ofthe Secretary, adversely affect the safety, utility ar efficiency of the airport. b. if a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or fended property an ar off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owneror operator will, if requested, by the Secretary ~ l }eliminate such adverse effect in a manner approved by the Secretary; or (2}bear all costs of relocating such Property {or replacement thereaf~ to a site acceptable to the Secretary and all casts of restoring such property for replacerrrent thereof} to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport ar i~ facilities, 30. Civil Righls. It will comply with such rules as are promulgated to assure that no person shall, on the grounds ofrace, ~ creed, color, national origin, sex, age, or handicap be excluded fronn participating ire any activity conducted with ar benefiting from funds received from this grant. This assurance obligates the spar~sar for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property ar real property ar irrterest therein or structures or improverr~ents thereon in which case the assurance obligates the sponsor or any transferee far the longer of the following periods: ~a} the period during which the property is used far a purpose for which Federal financial assistance is extended, or far another purpose involving the provision of similar services or benefits, or the eriod Burin which the s onsor retains ownerslti or ossessian of the ra P g p p P P PertY• 31. Disposal ofLarrd. a. For land purchased under a grant for airport noise compatibility purposes, it will disease oftlre land, when the land is na longer needed for such Purposes, at fair market value, at the earliest practicable time. Ttrat portion of the proceeds of such drspos~trotr which rs proportranate to the United States share afacqu~srtran of such land will, at the discretion afthe Secretary, (1) be paid to the Secretary for deposit irl the Trust F'urtd, ar ~2) be reinvested in an approved nurse compatibility project a5 prescribedby the Secretary, including the purchase ofnonre5identiai buildings or property in the vicinity of residential huilding~ or property previously purchased by the airport as part of a noise compatibility program. b. far land purchased under a grant for airport development purposes bother than Noise compatibility), it will, when the land is na longer needed far airport purposes, dispose of such land at fair market value or make available to the secretary an amount equal to the United States' prapartiar~ate share of the fair market value of the land, That portion of the Proceeds of such disposition which is proportionate to the united States' share ofthe cast of acquisition of such land will, ~1) upon application to the Secretary, be reinvested in another eligible airport improvement project ar prajeG#~ approved by the Secretary at that airport ar within the national airport system, or ~2) be paid to tl~e Secretary far deposit in the Trust Fund if no eligible project exists. c. Land stroll lae considered to be neededfar airport purposes under this assurance if {1} it may be needed for aeronautical purposes (including runway protection zones} ar serve as noise buffer land, and ~2} the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport b'ut•ther, land purchased with a grant received by an airport operator orowner before December 31,1987, will be considered to be needed for airport purposes if the Secretary or l~aderal agency making such grant before December 31,1987, was notified by the operator ar owner of the uses of such land, did riot object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15,1989. d. Disposition of such land under ~a~ (b} or (c} will be subject to the retention or reservatiarr of any interest ar right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services, It will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the pra,~ct in the same rrranner as a contract for architectural and engineering services is negotiated under Title I~ of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for ar by the sponsor afthe airport. 33, ForeEgn Marke# Restrictions. It will not allow Funds prawrided under this grant to be used to fund any project which uses arty product or service of a foreign country during the period in which such foreign Gauntry is listed by the United States Trade Representative as denying fair and equitable market opportunities far products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specific~rtions, It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but oat limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated ~ and included in this grant, ar~d in accordance with applicable state policies, standards, and sPeci~cations approved by the Secretary. Page 2 I o£ 2. S i 35. Relocation and Real Prngerty Ac~ulsltian. 1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 4~ CFR Part 24 and will pay or reimburse properk~r or~mers far necessary expenses as specified in Subpart B. (2} It will provide a relocation assistanceprogram offering the services described in ~nbpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 .CFR Part 24. ~3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced person in accordance with Subpart E of 49 CFR Part ~4. . 3G, Access By intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buns or other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity buses or for athermades oftransportation. 37~ Disadvantaged Business Enterprises. The recipient shah not discrinunate on the basis ofrace, color, national origin or sex in the award and perfomaance of any D4T-assisted contract or in the administration of its DBE program ar the requirements of 49 CFR Part 2~6. The Recipient shall take all necessary and reasonable steps under ~9 CFR Part 2G to ensure non discrimination in the award and administration ofDOT-assisted contracts. The recipient's DICE program, as required by CFR Part fib, and as approved by DOT, is incorporated by reference in this agreement. Inapletnentatian ofthis program is alegal obligation and failure to carry out its terms shall be treated as a viola~on of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 2b and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C.1001 andlar the Program Fraud Civil Remedies Act of 198h ~3 I S.C. 3 S01 3$. ~angaX construction. If the airport Dourer or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircrai~ at the aircraft owner's expense, the airport owner ar operator will grant to the a~craft owner far the j hangar a bong term tease that is subject to such tens and conditions an the hangar as the airport owner or operator may impose. 3~. Compe#if~ve Access. a. if the airport owner or operator of amedium or large hub airport (as defined in sectzan 47102 oftitle 4~, IJ.S,C.} has been unable to accanamadate one ar mare requests by an air carrier far access to gates ar other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner ar operator sha11 transmit a report to the secretary that- 1. Describes the request; 2. Provides arr explanation as to why the requests could not be accommodated; and 3. Provides a titre frame within which, ifat~y, the airport will be able to accommodate the requests. b. Such report shall be due an either h'ebruary 1 or August I of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. Page ~2 of 2S i I ">i~:. :sw~w~.fri.. ~~C .;f~~?1:i{-%.:':,',, _ 4::x ~~;''fie~ ~r~' _ ax.: ^ T: e"d E~4' : ~ ':.S Q~ ' r 'i A N._~.. r'... u.: ..:r,._ n.: ..w , _ _ _ _.;;r~. 1 ~0~5~~0-22A Engineered Materiels Arresting Systems ~EMA}for Aircraft overruns 1~0~300-13 and Airport Design Changes ~ throng h ~ 0 ~ 5o~~3DO-14 and Design of Aircra~ Deicing Facilities Changes 1 through ~ 15D~~300-15 General Guidance and Specifications for Aerona~atic~l Surveys; Establishment of Geodetic Control and submission to the National Geodetio Survey gage ~4 0~' ZS i ~5a1530a-11 General Guidance and Specifications far Aeronautical Survey Airport Imagery Acquisition and Submission to the National Geodetic Survey ~ 5D~5~gg-~ 8 General Guidance and Specifications far Subrnission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System {GIS} ~ Standards ~~4f5~2g-~B Airport Drainage 15a153~0-6D and Airport Pavement Design and Evafuatian Changes ~ through 4 ~ 5a152g-1 Measurement, Construction, and ll~aintenance of Skid Resistant Airport end Changes ~ Pavement Surfaces through S ~ 50152D-14 Airport Landscaping far Noise Control Purposes ~ ~0~3~~-~ ~ and Management of Airport industrial VlJaste Change 1 ~ 5g15~2~-4B Runway Length Requirements for Airport Design 150~533~-~A Standardised Method of Reporting Pavement Strength PCN ~ ~aJ~340-~ J Standards for Airport Markings ~ 5g15340_~g and Segmented Circle Airport Marker System Change 1 ~ 5DI~340~~ D Standards far Airport sign Syster~s ~50~5340-3~8 Design and Installation Deteils for Airport Visua! Ards ~ 501545-~~ Specifcation for LBO Panels for Control of Airport Lighting ~ ~~~~~~~-JB CI~CUIt Selector SWItCh 15a1545-~~ Specification for L824 Underground electrical Cable for Airport Lighting circuits ~5a15345-1QF Specifcatian for Constanfi Current Reg~,lators Regulator Monitors 15a1534~-'! 2E Specification far Airport and Heliport Beeson 15a15~45-13A specification far L84~ Auxiliary Relay Cabinet Assembly fvr Pilot Control of Airport Lighting Circuits ~ 50~534~-2GC Specification for LSD Plug and Receptacle, Cable Connectors ~ ~01534~-27D Specification far 1Nind Cane Asserr~blies X5015345-28F Precision Approach Path Indicator ~PAPI} Systems . ~ 5Q15345-39C FAA Specification ~85~, Runway and Taxiway Retroreflective Markers 95015345-42F Specifcatian for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories ~ 5015345-4~i= Specifcatian for Obstruction Lighting equipment ~ 5x15345-440 Specification far Taxiway end Runway Signs . Page ~5 0~ 28 i 15015345,458 Low~lmpact Resistant ~LIR~ ~ructures 150{5345-45C pecificatian for Runway and Taxiway Light Fixtures 15a~5345-47B specification for series to series Isolation Transformers far Airpart Lighting stems 15015345498 specification L854, Radio Cantrai Equipment 15015345-54A pecificatian for Portable Runway and Taxiway Lights 154{5345~5tA Bpecificatian for Discharge-Type Flasher Equipment .15015345-5~ Generic Visual Glideslape Indicators ~GVG1~ ~ 5015345-53C Airport Lighting Equipment Cer~if~catian Program 15015345-54A pecifrcatian for L-1884 Power and Canfiral Unit far Land ar~d I-Ial and Chan e 1 d harfi 15015345-55 Lighted Visual Aid to Indicate Temporary Runway Closure 1501585.55 pecificatian far L-890 Airport Lighting Control and Monitoring ysfiem ALCM 150153fi4-9 Planning and Design of Airport Terminal Facilities at NanHub Locations 15415350-1 ~D Airport Bigning and Graphics 150#5380^1 ~ and Planning and Design Guidance far Air art ~`erminal Facilities Chan e 1 p 15015370-~E ~peratianal Safety on Airports During Construction 15015370-10B Standards for Specifying Construction of Airports 15D15374-11A Use of Nondestructive Testing devices in the Evaluation of Airport Pavement 15015380-GA Guidelines and Procedures far Maintenance of Airport Pavements ~ 5015390-28 Heliport Design 15015390-3 Vertipart Design 150!5395-1 Seaplane Bases THE F~LL~IN~N ADD~TIGNA!_ APPLY to A1P PRDJE~T~ ONLY Dated: 3{21{~00T . - - ~4 ::f::~: ..~>j: r.~:. ~ ~ _ - - _ _ T""S"~~ ~ ~ ~ '„'c- ~•s~. ~^i~`S.,F.,`,.:~A}'y e ~ Y~cti:..~.~'r 1~.m~' ! ;~6>. - ~ ~ 'i. , i. pFx": ~,.w~~~ .a-~.sy ~;:s,tiz::... ~,°w~~.•v. ~ :'f.~-~ '~~...~.r'y'.".%~'," ~,i~T'3e~'Tf ~~„r~e~ i 4~ ~r ' r,.~ . - i •::.8'....'..: ; ~ r, . _ ~ ~ ,wc view. - .r~~~ _ r n r . . . .....~,ay:. P 154#5104-14D Architectural En ineerin.2. and I'Iannin 9 g, g Consultant Services for A~rpart Grant Projects 15015100-15A Civil Rights Requirements for the Airport Impravernent Program 15Df5140-17 and Land Acquisition and Relacafian Assistance for Airport In~pravement Program Changes ~ Assisted Projects ~hraugh 5 Page Z~ of 28 ~ ~a~~~oa-~7 Introduction to safety Management ysterras ~M}for Airport operators ~ 5D~5~gD-'15 Use of Value Engineering for Engineering Design of Airports ~~ant Projects ~ 505324-~ 7 Airfield Pavement surface Evaluation and Rating ~PAER~ Manuals ~5Dl53~4-GB anstructian Progress and cnpection Report-Airport rent Program ~ ~~153~a-~ ~ A Use on Nondestructive Testing Devices in the Evacuation of Airport Pavements ~ 505370-~ 2 duality ontral of construction for Airport grant Projects 1505370-~ 3A 4ffp~eak ~anstruction of Airport Pavements Using Hot-Mix Asphalt ~ 5015380-7A ~irpark Pavement M~nagerr~ent system 15D15380-5 Handl~aak for Identifcation of Alkali-silica Reactivity in Airfield Pavements TWE FOLL~VrIINC ADD~T~aNAt. APP~.Y to PAC PR~,~E~T ONLY Dated: 3~2~1200~ .;;4~r,.ti~:~B,r,~ ~ J- - +'~af'_~#"_~.;:t'+c.::. ,~,Stir~."k.y„4t^.':~Raa. , . ,.v..:....~ - „;.~..~-'"1?4;:;-. _ - ~ sA`r -(..itw~'.~.::.. ~,wa'.1ktr~G.~-.}~w~:.,..-. ;:c:: . - d:s.;: {rte w. .~4. ~.YY.Y- _ xiri%~vro~Fr - - ...,.,ti. ~ 50150D0-~ ~ Announcement of Availa~ility~Passenger I=acflity herge ~PF~ Application FAA Form 55001 } ATTAC~l1~ENT C CERTI~'ICATI~N ItE~ARDIN~ I~Rf1-FRED ~'I~RKPLACE QU'IREI4~ENT A. The grantee cer~if es that it will or will continue to provide adrug-free workplace by: ~a} Publishing a statement notlfying employees that the unlawful manufacture, distribution, dispensing, possession, ar use of a controlled substance is prohibited in the grantee's workplace and specifying the aotions that wi11 be taken against employees for ~ioiation of-such prohibition: ~b}Establishing an ongoing drug-free awareness program to int'orrn employees about- ~ t ~ The dangers of drug abuse in the workplace; The grantee's policy ofmaintaining adrug-free workplace; ~3}Any available drug counseling, rehabilitation, and employee assistance ~prograrns; and (4} The penalties that maybe imposed upon employees for drug abuse violations occurring in the workplace; ~e~ baking it a requirement that each employee to be engaged in the performance of the grant be given a copy of the staterr~ent required by paragraph (a}; Page 27 of Z$ ~d} Notifying the employee in the statement required by paragraph ~a}that, as a condition of employment under the grant, the emplayee will- . ~1} Abide by the terms of the statement; and ~2}Notify the employer in writing afhis or her conviction far a violation of a criminal drug statute occurring in the workplace na later than eve calendar days after such conviction; fie} Notifying the agency in writing, within ten calendar days after receiving notice under paragraph ~d~~~} from an employee or otherwise receiving actual notice of such conviction. >lmplayers of convicted employees must provide Notice, Ynclud1ng position t1tle, to every grant ol'~cer ar other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include tl~e identification nuxnber~s} of each affected grant; ~f} Taking one afthe following actions, within ~ calendar days of receiving notice under paragraph ~d}~2}, with respect to any employee who is so convicted- ~1}Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements ofthe ~ehabilitatian Act of 1973, as amended; or Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a l~'ederal, Mate, or local health, law enforcement, or other appropriate agency; fig} 11~aking a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs ~a}, (c}, {d}, ~e~, and (f}, B. The grantee may insert in the space provided below the sites} for the performance of work done in connection with the specific grant; Place of Performance ~~treet address, city, county, state, zip code} 5~~~ Airpo~'t ~~ad Denton, Denton ~au~t~~ Texas 7207 check if there are workplaces on ale that are not identified here. signed: dated: Typed Name and Title of sponsor Representative Page 28 of 2$ 1 DRAFT MINUTES 2 AIRPORT ADVISORY BOARD 3 OCTOBER 8, 2008 4 5 After determining that a quorum was present, the Airport Advisory Board convened for a Regular Meeting on 6 Wednesday, October 8, 2008 at 5:30 p.m. in the Denton Airport Terminal Building at the Denton Airport at 7 5000 Airport Road, Denton, Texas. 8 9 BOARD MEMBERS PRESENT: Chairman Mr. Woolfolk, Vice Chairman, Dr. Smith, Mr. Brown, Mr. Clark, 10 and Mr. Eames and Dr. Kristoferson arrived at 5:34 P.M. 11 12 BOARD MEMBERS ABSENT: Absent Mr. Brewer 13 14 STAFF MEMBERS PRESENT: Mark Nelson, Director of Transportation 15 Julie Mullins, Administrative Assistant. 16 17 PUBLIC PRESENT: Jeff Soules, US Aviation Group, Mike Sykes, US Aviation Group, Damon Ward, 18 Business Air Center, Bill Lindsey, Business Air Center, Mike Nebrig, Nebrig and Associates. 19 20 ITEMS FOR INDIVIDUAL CONSIDERATION 21 22 VI. Consider the recommendation on an ordinance of the City of Denton, Texas authorizing the City Manager 23 to execute on behalf of the City of Denton an Airport Project Participation Agreement with the Texas 24 Department of Transportation relating to certain improvements at the Denton Municipal Airport; 25 authorizing and directing the City Manager or his designee to expend funds as provided for in said 26 agreement and to execute documents on behalf of the City of Denton in order to implement the project; and 27 providing an effective date. 28 29 Chairman Woolfolk needs clarification on this item. Mr. Nelson presented indicating this was a grant for 30 land acquisition for 23 acres generally located at the southwest corner of Jim Cristal and Masch Branch 31 Road area. The grant is associated with the Runway Extension Project and the land is needed for the 32 approach area for the extended runway. Mr. Nelson reviewed previous land acquisition efforts stating the 3 3 City of Denton had already bought the land on the east side of Jim Cristal and Marsch Branch Road and 34 was reimbursed by TxDOT for a majority of the expenses related to that property acquisition in 2005. 35 3 6 Dr. Smith made a motion to approve the Airport Project Participation Agreement with the Texas 37 Department of Transportation relating to a Grant for certain improvements to the Denton Municipal 38 Airport. Mr. Eames seconded the motion. 39 40 Motion carried 5-0 41 AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams 349-8487 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of octagonal manholes for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4166-Annual Contract for the Purchase of Precast Concrete Octagonal Manholes awarded to the lowest responsible bidder meeting specification, Wesco Distribution, in the annual estimated amount of $109,096). (The Public Utilities Board approved this item by a vote of 5-0). BID INFORMATION This bid is for the purchase of pre-cast concrete manholes to be used by Denton Municipal Electric (DME) to provide a subsurface enclosure in which DME can pull, route, splice, connect and terminate primary underground electrical cables. Subsurface manholes range in size from the smaller two-way unit that is 7' 11" wide by 11' 11" long by 8' 6" deep to the larger four-way unit that is 11' 11" square by 8' 6" deep. Manholes are commonly utilized by DME in locations where above-ground primary connection cabinets cannot be used, such as where they will be subject to vehicular traffic. Manholes are also used in locations where multiple conduit banks intersect and where cables must be terminated and connected. Manholes will also be used at the RD Wells Interchange, Fort Worth Substation and Bonnie Brae Substation. This bid required that delivery be included in the price. DME prepares the excavation for the manhole and coordinates delivery. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its October 13, 2008 meeting. RECOMMENDATION Award to the lowest responsible bidder meeting specification, Wesco Distribution, in the estimated annual amount of $109,096. PRINCIPAL PLACE OF BUSINESS Wesco Distribution Haltom City, TX Agenda Information Sheet October 21, 2008 Page 2 ESTIMATED SCHEDULE OF PROJECT This price agreement will be in effect for a period of one year from the date of award and maybe extended for additional one-year periods if agreed to by both parties with all terms and conditions remaining the same. FISCAL INFORMATION The manholes will be funded from individual project accounts as needed. EXHIBITS Exhibit 1: Bid Tabulation Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-4166 BID #4166 Exhibit 1 DATE: 10/02/08 PRECAST CONCRETE OCTAGONAL MANHOLES N0. QTY UOM DESCRIPTION Vendor Vendor HD Supply Utilities Wesco Distribution Principle Place of Business: Corinth, TX Haltom City, Tx 1 3 EA 2-Way Octagonal Concrete Manhole $8,750.00 $6,650.00 Manufacturer Oldcastle Precast Oldcastle Catalog # 2 3 EA 3-Way Octagonal Concrete Manhole $10,030.00 $9,630.00 Manufacturer Oldcastle Precast Oldcastle Catalog # 3 7 EA 4-Way Octagonal Concrete Manhole $11,315.00 $8,608.00 Manufacturer Oldcastle Precast Oldcastle Catalog # DELIVERY 0 - 14 days Bidder's comments See Bid ORDINANCE N0. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF OCTAGONAL MANHOLES FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4166-ANNUAL CONTRACT FOR THE PURCHASE OF PRECAST CONCRETE OCTAGONAL MANHOLES AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, WESCO DISTRIBUTION, IN THE ANNUAL ESTIMATED AMOUNT OF $109,096). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 4166 1-3 Wesco Distribution Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2008. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r ~ 5 ~ , ~ BY: 3-ORD-BID 4166 BID #4166 Exhibit A DATE: 10/02/08 PRECAST CONCRETE OCTAGONAL MANHOLES N0. QTY UOM DESCRIPTION Vendor Wesco Distribution Principle Place of Business: Haltom City, Tx 1 3 EA 2-Way Octagonal Concrete Manhole $6,650.00 Manufacturer Oldcastle Catalog # 2 3 EA 3-Way Octagonal Concrete Manhole $9,630.00 Manufacturer Oldcastle Catalog # 3 7 EA 4-Way Octagonal Concrete Manhole $8,608.00 Manufacturer Oldcastle Catalog # DELIVERY 0 - 14 days Bidder's comments See Bid 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 October 13, 2008 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board convened into a Open Meeting on Monday, 7 October 13, 2008 at 9:00 a.m. in the Service Center Training Room, City of Denton Service 8 Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, and Bill Grubbs 11 12 Absent: John Baines and Randy Robinson, both excused 13 14 Ex Officio Members: 15 George C. Campbell, excused 16 Howard Martin, ACM Utilities 17 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 The Public Utilities Board has received background information, staff's recommendations, and 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 5) Consider approval of the unit prices in Bid No. 4166 from Wesco Distribution, 1705 Cypress 25 Street, Haltom City, TX 76117 to enter an annual agreement for purchase of pre-cast 26 concrete manholes in the estimated annual amount of $109,096. 27 28 Board Member Phil Gallivan moved to approve Item 5 with a second from Board Member 29 Bill Cheek. The motion was approved by a 5-0 vote. 30 31 The meeting was adjourned by consensus at 9:50 a.m. 32 AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 Questions concerning this acquisition maybe directed DEPARTMENT: Materials Management to Bruce Henington 349-8134 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City Council authorizing the City Manager or his designee to execute an agreement for design/build services for the renovation of an existing building and construction of a new 6,000 square foot building for the City of Denton Facilities Management Department; providing for the expenditure of funds therefore; and providing an effective date (RFP 4061-Design/Build New Facilities Management Building, in an amount not to exceed $1,462,371 awarded to Tim Beaty Builders, Inc.). RFP INFORMATION In February 2009 Denton County Transportation Authority (DCTA) will acquire the existing Facilities Management building, located at 604 E. Hickory Street, for use as part of their future plans for service in Denton. This will require that Facilities Management relocate their operations in a relatively short time frame. Facilities Management was able to purchase property located at 869 Woodrow Lane for their new facility. This request for sealed proposals is for the renovation of an 8,000 square- foot building located on the Woodrow Lane property and construction of a new 1,575 square-foot office complex and an approximately 6000 square foot shop building. Amore detailed description of the scope of service is included in the proposal from Tim Beaty Builders, Inc. listed as Exhibit 1. The contractor selected, Tim Beaty Builders, Inc., was chosen through the design/build competitive proposal process. Phase One involved the selection of a design/build team consisting of an architect and construction contractor. Four proposals were received (Exhibit 2). After proposal review and interviews with all of the respondents, the selection group chose the team of Tim Beaty Builders, Inc. and Kirkpatrick Architecture Studio as the highest ranked (Exhibit 3). Phase II involved direct negotiation with the general contractor, Tim Beaty Builders. The final proposal included as Exhibit 1 is in the amount of $1,462,371 and meets or exceeds the criteria listed in the request for proposals. Included is a $75,000 betterment allowance to be expended only with City approval. RECOMMENDATION Award to Tim Beaty Builders, Inc. in an amount not to exceed $1,462,371 including a $75,000 betterment allowance. Agenda Information Sheet October 21, 2008 Page 2 PRINCIPAL PLACE OF BUSINESS Tim Beaty Builders, Inc. Kirkpatrick Architecture Studio Denton, TX Denton, TX ESTIMATED SCHEDULE OF PROJECT This project is scheduled for completion in May 2009. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council Executive Session May 2008. City Council Regular Session July 15, 2008 FISCAL INFORMATION This contract falls within the budget estimated by staff as presented to City Council. This project will be funded from account 100136454.1365.40100. Requisition #89660 has been entered in the Purchasing software system. EXHIBITS Exhibit l :Proposal from Tim Beaty Builders, Inc. Exhibit 2: List of Respondents Exhibit 3: Evaluation Score Sheet Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-4061 Exhibit 1 S t S 1 } V ti September DDB Ilr. Tam Shave pity of Denton -Purchasing Department 9g~-B Texas Street Denton, TIC R~: ~roposa~ far New ~acflfes ~1ar~agemerr~ Bt~i~dfng woo~lrow S~ree~, ~err~orr, texas Dear llJlr. Shaw: Tirn Beaty Builders, lnc. ~ pleased to submit this preliminary proposal to provide labor, materials, and equipment for the Renovation and Addltlan the i=ac~l~t~es Management Bulld~ng ~n Denton, Texas per the preliminary plans dated 9~~~108 prepared by ~Cirkpatr~ck Architect Studio and Tim Beaty Builders, Inc. and the specifications a described herein. The total construction cost for this project is T~T~~ D~SINI~U~~D ~T~ # ~ r~~ Betterment Allowance TS,~~O.DO TOTAL PRDP~A~: ~ ~42,~~ .0~ Any alteration or deviation from the specifications} v~hich involves extra cost veil! be executed only upon wrien orders and will became n additional charge to tl~e original st~mate. Any chap a-to these specifcations can and vvili affect any agreements regarding estimated date of 9 completion far this project. All agreements are contingent upon strikes, accidents ar delays be and our antral, Tim Beaty Builders, Inc. carries a ,~O~,aO. general Liability policy and y , vUorkers orr~penatior~ insurance far your pratectlon during construction. Thank ou far the opportunity to submit this proposal. Please feel fee to contact me for Y clarification vn any point or with any questions you may have. Respectfully, t - . ~ _ Tim Beaty TBldr~ v. DENT~~I, T~~AS 7b~4~ ~~4~~ ~S7-Z7~ ~A~ ~~44} $~-~4~1 I CITY OF DENTQN FACILITIES MAN►~GEMENT SIC SPECIFICATIONS E~ITIhI SK BUI~DINC Demolition -Selective demo of interior wally and partitions; demolition of exterior wally at wept side of building; selective demolition of paving to improve drainage on west side of building; removal of roof-mounted exhaust fans; rernQVal of overhead doors on east side of building; selective demolition to accommodate storefront plumbing changes Site Preparation -prepare far installation of drainage improvements on west side of building Flatwork -modify concrete flatwork far changes to entry and ADA considerations Rough Carpentry replacement of exterior wails at west side of building; infill overhead door openings; interior wall framing; installation of blocking for wall-mounted devices; Canopy ~ Misc Steel - fabrication and installation of exterior canapkes; linteks Plaster -installation of Portland plaster finish system at exterior walls at west side of building Masonry ~ installation of faux stone wainscot on west and south side of building Acoustical Tile Ceiling -installation of suspended acoustical file Ceiling throughout Finished Carpentry -millwork, casework and wood trim in public areas at main entry Vvaterproof~Caulking -caulking and sealing, as repaired Resilient Flooring - vinyl composition file and rubber cove base Insulation-wall and ceiling insulation at building envelopet and sound attenuation at interiorwalls Doors, Frames & Hardware -hollow metal door frames, preifinished, solid-cure woad doors Storefront & Glazing -Storefront systems and aluminum windows where indicated Drywal l Ceramic Tile -Public entry floors; restroom floors and walks Carpet ALL~wANCE: ~O.gD1s.y. installed Painting -tape, bed, texture and paint drywall; paint door frames: stain millwork and wood trim; and vinyl wall covering at wainscot in public entry Fire Extinguisher Cabinets - in accordance with local and national fire codes Toilet Accessories -toilet tissue dispensers, paper towel dispensers, mirrors, grab bars, and soap dispensers Toilet Partitions ~ painted enamel toilet partitions in public restrooms ID Devices - ADA signage at restroorns, electrical and mechanical rooms and janitor closets HVAC - gas~fred heatinglelectriccool~ng direct-expansion split systems serving spaces as designated Plumbing Fire Sprinkler - in accordance vuith NFPA and local codes Appliances-refrigerator, dishwasher, microwave and disposal in break roam Projector Screens -installation of two projector screens {~-large conference room and 1~small conference room} Flag Poles - installation of three 25~ft. tapered pules Electrical - as required by local and national codes, energy code and fre code Generator - ~5Kw generator for basic services in the Tech area and Director's office suite Fire Alarm -as required in RFP Security - as required in RI=P Access Control - as required in RFP HousekeepinglMake-Ready ~i~~~ t~~ - ~~ci~iie E - i~~ ~ IVEw BIII~DINC Site Preparation -Excavation, recondition of in situ material to depth of ~4", impart of select fill to prepare pad for building foundation Soil Poisoning application of termite preventative Foundation -based on piers at building columns, perimeter beams and slab, with vapor barrier under floors planned far floor covering Metal Building - pre~engineered symmetrical-gable metal building approximately 3' x 4~' x ~Z'-save, with ~ :1 roof slope, with R-panel walls and standing-seam metal roof t standard color Building Erection Rough Carpentry -interior wall framing; installation of blocking for well-mounted devices; Plaster -installation of Portland plaster finish system at exterior wall at south side of building Masonry ~ installation of faux stone wainscot on south side of building Acoustical Tile Ceiling -installation of suspended acoustical the ceiling throughout Finished Carpentry -millwork and casework in Tech Room Insulation - vuall and ceiling insulation at building envelope, and sound attenuation at interior walls Doors, Frames ~ Hardware ~-hollow meta! door frames, pre-finished, solid-core wood doors Storefront & dazing - Storefront systems and aluminum windovtir where indicated Drywall Ceramic Tile -tile in shower room Painting -tape, bed, texture and paint drywall; paint door frames} stain millwork end wood trim; and vinyl wall covering at wainscot in public entry Fire Extinguisher Cabinets - in accordance with local and national fire codes Resilient Flooring vUaterprooflCau Iking Carpet - ALLDINANCE; ~g.g~ls.y. installed Toilet Accessories -toilet tissue dispensers, paper towel dispensers, mirrors, grab bars, and soap dispensers lD Devices ~ ADA signage at restroorns, electrical and mechanical rooms and ~anitar closets HVAC -gas-f red heatinglelectriccooBng direct-expansion split systems serving spaces as designated Plumbing Fire Bprinkker - kn accordance with NFPA and Local codes Appliances -washer and dryer in utility room Electrical - as required ~y Local and national codes, energy code and fire code Fire Alarm as required in RFP security - as required in RFP Access Control ~ as required in RFP H cruse keepi nglMa ke-Ready ~ - A~i~~~~i~ N~wHGP BUILDING Site Preparation -Excavation, recondition of in situ material to depth of ~4", import of select fill to prepare pad far building foundation Soil Poisoning ~-application of termite preventative Foundation -based on piers at building columns, perimeter beams and slab, with vapor barrier under floors planned for floor covering Metal Building -pre-engineered symmetrical-gable metal building {approximately ~ 20' x x 1 eave, with ~ : ~ ~ roof slope, with R-panel walls and standing~seam metal roof, standard color Building Erection Misc Steel Personnel Doors, Hardware -Hollow metal doors and frames, painted overhead Doors -five ~ 0'x 1 sectional overhead doors with operators Cutters & Dovunspouts Fire Extinguisher Cabinets ~ in accordance with local and national fire codes HVAC ~-gas-fired heating~electric coaling direct-expansion split sy#ems serving spaces as designated Plumbing Fire Sprinkler ~ in accordance with NFPA and local codes Appliances -washer and dryer in utility room Electrical - required by local and national codes, energy code and fro code Fire Alarm - as required in RFP Security ~ as required in RFP Access Control - as required in RFP H ou sekeep i nglMaice-Ready Demolition --selective demolition of existing pavement, curb and sidewalk to accornmadate installation of new paving and flatwork; demolition of existing dumpster revetment to accommodate installation of new one to code standards Bite Preparation - treatment of substrate as required for installation of nevu paving and flatwork Erpsion Control - BMP's as engineered in accordance with texas Commission on Environmental C~uality Perimeter Fence - ~-ft. chain-link fence at perimeter of rear storage yard, with automated gate with electric operator Dempster Revetment -installation of new revetment in accordance with City of Denton standards Concrete Paving -installation of concrete paving in accordance with City of Denton standards Pavement Marking & Signage ~ installs#ion of pavement marking and ADA signage Site t.ltilities ^ installation of water, sewer, gas and storm water irnpravements Landscaping {ALLOWANCE; ~gr000~ ~ - t~~~ P~~ ~ ~ ~ trim Be~lty Builder InC. ~iiy of Denton • facilities ' ~ Attached ti SCHEDULE OE VALUES Descrl Lion Amount EJ~ISTING 8K BUILDING Demolition 18,785 Site Preparation x.,885 FlatworlC 4,500 Rough Carpentry 31,252 Canopy & Mist Steel 12,8fi2 Plaster 11,5fi0 Masonry 12,3~~ Acoustical Tile Ceiling 2Q,Q15 Finished Carpentry 11,525 1~Iaterprovf~C.a ull<i ng 2,700 Resilient Flooring 4,890 insulation 11,152 Doors, Frames & Hardware 15,D00 Storefront ~ Glaring 12,358 Drywall 16,642 Ceramic Tile 5,455 Carpet Pa i nt i rig 30,978 Fire Extinguisher Cabinets 417 Toilet Accessories 1,Q90 Toilet Partitions 2,600 ID Devices 196 HVAC 58,500 Plumbing 17,6Q0 Fire Sprinkler 23,550 Appliances 1,400 Projector Screens 3,300 Flag Poles 7,50 Electrical 47,100 Generator, 75K1N 43,575 Fi re Ala rm 9,513 security 5,888 Access Control 15,7Q0 Housekeeping~MalCe-Ready 9,813 General Conditions 19,45 Architecture Fees 4~,50~ Engineering Fees 23,000 Overhead 50,Q14 Profit 33,342 ~UB~'QTAL, EDITING 81C 658,5ifi 9~~2 f X008 ~ i ,Tim B~a~y B~ilde~, Inc, City ~f Denton - Facilities Attached SCHEDUI~ OF VALUES ' Desri ion Amount NEIIV TECH BUILDING Site Preparation 4,033 Soil Poisoning 394 Foundation 12,713 Metal Building ~1,72~ building Erection 3,38 Rough Carpentry 8,477 Plaster 3,570 Masonry 77~ Acoustical Tile Ceiling 4,016 Finished Carpentry 5,450 insulation 3,086 Doors, Frarnes & Hardware 5,7fiQ Storefront & Glaaing 792 Drywa ~ ~ 4,180 Ceramic Tile 1,387 Painting 8,398 Resilient Flooring 2,~6~4 INaterproof~Ca~alking 1,125 Carpet 1,520 Toilet Accessories 970 Fire %xting~isher Cabinets 139 iD Devices 195 HVAC 12,375 Plumbing 11,$00 Fire Sprinkler 4,725 Appliances 1,400 Electrical 9,450 Fire Alarm 1,969 curity 1,181 Access Control 3,150 Housekeeping~Make-Ready 1,969 General Conditions 5,682 Architecture Fees 12,50 Engineering Fees 6,730 ~verhea d 14,600 profit 9,740 SUBTOTAL, NEW TECH BUII,D~NG i~t,~6~ 9~~~~~~~8 2 i ,Tim ~eat~ Builders, Inc. pity of Denton ~ Facilities Attached SCHEDULE DE VALUES , De~cri Ion Amount MEIN SHDP BI~fLDING Site Preparation 12,775 Soli Poisoning 1,500 foundation 47,G1~ Metal Building 63,840 Building Erection X5,000 Mist Steel 7,50 Personnel Doors, Hardware Overhead Doors 12,000 Gutters Downspouts - 1,920 Fire Extinguisher Cabinets 417 HVAC 4,5~ Fire 5prinlfler ~.8,~00 5peciaities: Jib Crane 4,500 Electrical 35,000 Fire Alarm 7,500 Security 4,500 Access Control 12,000 HousekeepingJMake-Ready 7,500 General Conditions 10,283 Architecture Fees 22,600 Engineering Fees 12,200 Overhead 26,441 Profit 11,27 SUBTOTAL, NEW SHDP 348,138 SITE demolition 15,390 Site Preparation 900 Erosion Control i,2z5 Perimeter Fence 13,990 Dempster Revetment 2,794 Concrete Paving 36,14 Pavement Marking & 5ignage 1,575 Site utilities 33,800 Landscaping ~Af~~OtiIIIANCE} 20,000 Ho~sel<eeping~MalCe-Ready 1,500 General Conditions 5,047 Architecture Fees 11,OD0 Engineering Fees x,000 Overhead 12,979 Profit 8,652 SUBTOTAL, SATE 17Q,97b TOTAL x,359,999 Payment/Per~Ormance Bond i7r37~ GRAND TOTAL ~ 1,387,371 9J~~J~a08 3 1 W ~ZZ Z WZ~~ X W LLO~v ~ Z ^ ~ ~ ~ Z ~ = 0 a Z fJ~ W~Z~ WG W Z Z ~ Q ~ o ~ ^ Q J U UW Z ~ ~ ~ X W ~ ~ a ~ H Z W W a W Z 0 00~~~ ~ N N H V1 N~~= W ~ ~m\~ ~ ~a z ~ ~ ~ a~ ~ ~ W V=ZH I D ~H~W OG 0 HQZ~ ~ a ~ ~ w = 3 ~ w a~3~ H oc ~ ~ Q ~ ~ m LL N ~ Q ~ ~ _ ~ ~ ~ ~ ~ ~ ~ W ~ W J ~ ~ ~ ~ ~ ~ W Z Z~ ~ ~ _ ~ Q W U W a ~ W ~ ~ 0 0 ~ ~ ga ~ 0 ~ V V ~ ~ ~ Z ~ m Z o 00 ~ ~ _ a m a~ O ~ o ~ ~ °C o Nm ~ ~ o = W fUC c~ ~ - ~ rl d o ~ ~ o ~ ~ ~ ,a ~ ~D ~ ~ ~ p ~ ' ~i ~ ~ ~ a a~ a W v, ~ ~ W was ~ ocoa " O O O O O O O O O O O O i Q1 L1~ M O ~ O ~ I~ I~ ~ l0 O ~ c-I r-I N rl ~ ~ V1 I~ I~ I~ I~ U L 0 U 00 0 0 0 0 0 0 0 0 0 0 0 0 p~ ~ ~ ~ ~ p0 rn ~o m m o 00 ~ rl r-I N N 00 00 00 00 Ol Ol 00 v m Z J_ ~ m o W W ~ ~ = W a ~ LL M ~ ~ ~ 0 0 0 0 0 0 0 0 0 0 0 o m ~ O a L 00 ~ ~ 00 O1 ~ l0 l0 ~ u1 t0 l0 ~ X V LL ~ W ~ ~ ~ m J ~ ~ Z Z ~ ~ LL ~ ~ ~ ~ ~ ~ 0 a ~ z m 0 0 0 0 0 a 0 0 0 0 0 0 ° 01 u~ I~ ~ O u~ O ~n ~ o~ m ~n ~ rl N N I~ 00 I~ I~ lD I~ I~ ~ a 0 ~ .X m Q a~ n~ a 0 0 N N o~ rlNm~~np v L L L L L L~ L O o v v v v v u a~ v ~ ~ ~ ~ ~ ~ ~ ~ i ~ ~ v 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ o v v v v v v o~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ u ~ a L o u O U Q v L~ v v~~ v~ ~ o ~ N ~ ~ ~ j U ~ ~i ~ ~ ~ ~ L U a L to 0 ~ ~ ~ ~ ~ ~ ~ v ~ ~ ~ v ~ ~ ~ ~ ~ ~ ~ GJ ~ o ~ r~ v~ 0~ 0 0 0 0 0 p o a s ~7 U~~ u U V U U UQ u ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT FOR DESIGN/BUILD SERVICES FOR THE RENOVATION OF AN EXISTING BUILDING AND CONSTRUCTION OF A NEW 6,000 SQUARE FOOT BUILDING FOR THE CITY OF DENTON FACILITIES MANAGEMENT DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 4061-DESIGN/BUILD NEW FACILITIES MANAGEMENT BUILDING, IN AN AMOUNT NOT TO EXCEED $1,462,371 AWARDED TO TIM BEATY BUILDERS, INC.). WHEREAS, the City is desirous of renovating an existing building and constructing a new Facilities Management building; and WHEREAS, pursuant to authority delegated by City ordinance, prior to advertisement for Design/Build Services to construct the Project, the purchasing Agent, determined that the Design/Build procurement method for the Proj ect provides the best value to the City; and WHEREAS, the Purchasing Agent has fully complied with all of the procedural steps for the Design/Build procurement as required by Subchapter H,Chapter 271 of the Local Government Code as well as all city ordinances, regulations and the City Charter; and WHEREAS, the City Council finds that Tim Beaty Builders, Inc. (the "Contractor") in conjunction with Kirkpatrick Architecture Studio (the "Architect/Engineer") as a Design/BuildTeam submitted the proposal offering the best value to the City on the basis of the selection criteria; and WHEREAS, the City has successfully negotiated an Agreement for Design/Build Services with the Contractor which will be substantially in the form of the instrument a copy of which is attached hereto and made apart hereof by reference (the "Design/Build Agreement"); and WHEREAS, the City Council finds that the Design/Build Agreement is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The City Council hereby approves the Design/Build Agreement. The City Manager or his designee is authorized to sign the Design/Build Agreement on behalf of the City and to exercise the City's rights and duties thereunder, including without limitation the expenditure of funds provided for in the Design/Build Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2008. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r r• ' pl 5 i F BY: 3-ORD-RFP 4061 AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Vance Kemler 349-8044 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance authorizing the City Manager to execute a Professional Services Agreement with Solutient Geosciences, Inc. for performing professional hydrogeological consulting and analytical services regarding the City of Denton, Texas Municipal Landfill (MSW Permit No. 1590-A); authorizing the expenditure of funds therefor; providing for retroactive ratification and approval thereof; and providing an effective date (File 4182 in an amount not to exceed $110,000). (The Public Utilities Board approved this item by a vote of (5-0). FILE INFORMATION The Landfill is required to perform a variety of groundwater sampling events and submit ground water monitoring results of the Landfill's groundwater monitoring wells and two leachate sumps on asemi-annual basis to the Texas Commission on Environmental Quality (TCEQ). Leslie Jeske, of Solutient Geosciences, Inc., is familiar with Demon's hydrogeological site conditions, and possesses staff capable of monitoring and accurately interpreting Demon's groundwater data, having supervised Demon's landfill groundwater monitoring program since 1999. Demon's groundwater monitoring service requirements performed by Solutient Geosciences, Inc. include well sampling, data review, statistical analyses, consultation, regulatory reporting, and general geological and hydro geological services for the landfill site. The FY2008 budgeted amount was $193,555 to cover routine permit monitoring and ground water assessment of volatile organics along the southern perimeter. Actual expenditures recorded in FY2008 for these services were $127,320. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its October 13, 2008 meeting. PRINCIPAL PLACE OF BUSINESS Solutient Geosciences, Inc. Tyler, TX Agenda Information Sheet October 21, 2008 Page 2 ESTIMATED SCHEDULE OF PROJECT This agreement will be retroactive October 1, 2008 and is for consulting and ground water monitoring services for the 2009 fiscal year. FISCAL INFORMATION This item will be funded from account 660300.7855. Requisition #89717 has been entered in the Purchasing software system. Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4182 ORDINANCE N0.2008- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SOLUTIENT GEOSCIENCES, INC. FOR PERFORMING PROFESSIONAL HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES REGARDING THE CITY OF DENTON, TEXAS MUNICIPAL LANDFILL (MSW PERMIT N0. 1590-A); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE RATIFICATION AND APPROVAL THEREOF; AND PROVIDING AN EFFECTIVE DATE (FILE 4182 IN AN AMOUNT NOT TO EXCEED $110,000). WHEREAS, the City Council deems that it is in the public interest to continue to engage Solutient Geosciences, Inc., a Corporation, of Tyler, Texas ("SGI"), to provide professional hydrogeological consulting and analytical services for the City pertaining to the City of Denton Landfill (MSW Permit No. 1590A); the City Council has engaged SGI for a number of consecutive years to perform these professional services, and has been satisfied as to the quality and reasonable price of their work; and WHEREAS, the city staff has reported to the City Council that there is a substantial need for the above-referenced professional consulting and hydrogeological services, and that limited City staff cannot adequately perform the specialized services and tasks with its own personnel; and WHEREAS, it is necessary for the professional services provided by SGI to begin on October 1, 2008, and the timing involved in the contract approval process dictates that this ordinance be ratified and approved effective as of October 1, 2008, which continues the professional services contracted by the City with SGI for similar services for the City's landfill, without interruption; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION l: The City Manager is hereby authorized to execute a Professional Services Agreement with Solutient Geosciences, Inc., a Corporation, of Tyler, Texas, in an amount not-to-exceed $110,000.00 for hydrogeological and analytical professional services, pertaining to the city of Denton Landfill (MSW Permit No. 1590A); in substantially the form of the Professional Services Agreement attached hereto as Exhibit "A" and incorporated herewith by reference. SECTION 2: The award of this Agreement by the City is on the basis of the continued demonstrated competence, knowledge, and qualifications of SGI and the continued demonstrated ability of SGI to perform the services needed by the City for a fair and reasonable price. SECTION 3: The expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. SECTION 4: The effective date of the Professional Services Agreement approved hereby, is hereby ratified, confirmed, and made effective as of the 1St day of October, 2008. SECTION 5: Otherwise, except as stated in Section 4 hereinabove, this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2008. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER VVALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r r= 5 BY: r i ~ ~ STATE ~ TEXAS ~~UNT~ DENTIN ~ P~DFSSI~NAL SERVIBS Axl~I~IENT FAR PERF~RIl~1 I~YDIDB~L~IAL ~NSULTIN~ AND ANAL~T'IAL S~~vI~S PE~TAINI T~ T`~E CITY DF DENTIN LANDFILL TICS AC~R~~II~NT is made and entered into an this tha day of ~aa8, by and between the pity df Denton, Texas, ~ Texas 1Vlunicipal arparation, with its principal a~'ices at ~ 1 ~ fast McKinney Streets Denton, Texas 7G~ 1 ~hereina~er "D~~"}; and Saluti~nt eoSciences~ Inc., a orparatian, with its corporate aff~ce at 8aa Paluxy Drive? Suite ~~a} Tyler, Texas 7'~7a~ ~hereina~er "~NS~ILTANT"}~ the parties acting herein by and through they respective duly~authari~ed representa~.ves and afcers~ wITN~SSETI~~ that in canidera~an of the covenants and agreements herein contained, the parties hereto da mutually AGREE as fallow AR'L~ I EFLD~NT ~F ~~S~LTAT The DwNER hereby contracts with ~NS~TLTANT, as a~ independent contractar~ and the ~OI~SULTAT hereby agrees to perform the services herein in connection with the Pray ect as stated i~ the Articles to fallaw~ with diligence and in accordance with the professional standards customarily obtained ~~r such services in the State of Texas, The professional services set forth herein are i cannecdan with the following described project the ~`~ro~ect"}; ~erorn~ing thQSe professional services described in ~IVSIJLTANT'S Proposal - aaS~ ~4~~ Landfill I~ydragaelogical ~ansulting and Analytical Services" letter issued an September 8, 2aa8 to ~wN~~S representative, David bugger, which is attached hereto as Exhibit and which is incorporated by reference herein, to include without linaitatian: I~ydrogeological ansulting Services; Analytical Services; and Satas far round water Maintenance Agreement. AR.TILE II S~~PE DF S~vi~S The ~NSI~LTANT shall perform the fallowing Basic Services in a professional manner: Deference is hereby made to exhibit "A" attached hereto and incorporated herewith by reference, being the same reference as that contained i~ Aicle I hereinabave. ARTILY ~ ADDI'~NAL SERIF Any Additional Services to be performed by ~NS~JLTANT, if authari~ed by ~wNER, Page l of 1 l i which are not included as Basic services the abnve~described cape of services, set Earth in Ardale II above, shall be later agreed~upon by and ~~NULTA~T, ha shall determine; in writing, the scope of such Additional services, the amount can~pensation far such additlanal services, and other essential terms pertaining to the provision of such Additional services by ~l~IlTA1~T. ATILE ~V The parties hereby agree that in ~y event} this Agreement shall be ratified, confirmed and approved retraactlvely from and aver October ~ ~ a4S. mark shall commence upon the issuance of a na~ce to proceed to ~NTANT by the This Agreement shad rerr~ain in farce for the period that may reasonably be re~uixed far the completion of the Pra j ect, including Add~~ona1 erv1ces, if rya and any required extensions approved by the ar urlti~ eptenrber 3~, a09, whichever evert shall first occur. This A~reen~er~t rrray be sooner terminated i~ accordance v~ith the provisions hereof, True ~ of the essence in the perfarrrlance of this Agreement, ~NULTAI~T shall male all reasonable e~arts to complete the services set forth herein as epedi~au~sly as passible and to meet the schedules} reasonably established by the ~~R, acting through its general Manager of valid haste ar his designee. ARTI~E ~NIPA.Tl~~1 ~1'SAT~~N TERM: "~ixect Nan~Labar Expense" is defrned as that expense jother than `per diem" epense~, based upan actual cast plus been ~l S~I~} percent, far any aut~al=pacl~et expense reasonably incurred by the NSULTANT related to its performance of this Agreement, far long distance telephone charges, telecapy charges messenger services, printg and reproduction expenses, out-of~pocet expenses far purchased computer tirnc, prudently incurred travel expenses related to die ~rark on the Project and similar incidental expenses incurred in connection with the Prajcct~ ~ii.lii~ } ~ i A~i 1~f ~'or and in consideration of e professional services to be performed by ~I~ULTANT herein? agrees to pay C~NL~TA~T, based upan the satxsfacta~y carnpletian of the Basic Services tasl~s set Earth in the cape of services as sham in Article II abave~ as follows: 1. ~I~ULTANT shall perform its a~l~ on this Project an an hourly fee basis3 plus reimbursement far all reasonably incurred out-af-packet expenses, billed monthly, ar far longer periods of time, ~NULTANT shall bill from tune sheets in minimum '/a hour increments of time, at the rates and subject to the terms set Earth in ~l~LTANT's "Probable fast Estimate} dated September a~8, which is contained as pages ~ and ~ of Exhibit "A" hereto, which is incorporated by reference herein. Page ~ of 1 l shah pay to ~bSULTANT for its professional services performed, and for its out-of pacl~et expenses incurred ~ the Fro~ect, a total mount not to exceed X11 a,4~a. Partial payments to the ~NSULTANT will be made monthly used on the percent of actual completion of the Basic Services, rendered to and approved by e through its Director of Solid waste ar his designee. However, under no circumstances shall any monthly statement for services exceed the value of the worl~ performed at the time a statement is rendered, The may withhold the final five ~S~~o} percent of the above nat~to-exceed amount un~l sa~sfactory completion of the Fra~ect by ~bSLTAbT. bathing contained ire this Article shall require the ~ to pay for any worl~ that is not submitted in compliance with the terms of this Agreement. ~wNE~ shall not be required to male any payments to ~bSULTANT at any time when ~S~]LTAbT is in default under this Agreement, It is specifically understood and agreed that the ~NS~JLTANT shall not be ar~tharized to undertal~e any work pursuant to this Agreement which would require addi~ianal payments ~ the for any charge, expense or reimbursement above the not-to-exceed amount as stated hereinabove, without first having obtained the prior written authori~a~an of the ~bSL1LTANT shall not proceed to perform any services to be later prodded for under Article "Additional Services" without first ohtainirig prior written authorization from the ~wNER. ADDITI~bAI~ SERIF: Far Additional Services authorized in writing by the DwbER in Article I~, hereinabove, ~bS~JLTANT shall be paid used on a to-be~ agreed~upon Schedule of charges, Payments far Addi~onal Services shall be due and payable upon sub~nissian by the ~NITANT, and shah he in accordance with Exhibit attached hereto, and Article .B, hereinabove. Statements far Basic Services and any Additional Services shall be submitted to no mare frequently Sian once monthly. D. PANT; If the fails to tnae payments due the ~bStII~TAbT for serdces and expenses within thirty a~ days after receipt of the ~NITAI~T's undisputed statement thereof} the amounts due the ~NUI~TAbT will be increased by the rate of one percent ~ 1 ~Io~ per month from and aver the said thirtieth ~ ath~ day, and in addition, therea~er, the ~NS~JLTbT may, aver giving ten ~r a days written nonce to the ~wbER, suspend services under this Agreement until the ~bSLTANT has been paid in foil far all amounts then due and owing, and not disputed by DwbER, far services, expenses and charges, Provided, however, nothing herein shall require the ~'NER to pay the late charge of one percent ~l °~o} per month as set forth herein, if the ~wNE reasonably determines that the ~NSLTLTAbT's ~uarl is not submitted in accordance with the terms of this Agreement, in accordance with Aicle . of this Agreement, and OwNEI has promptly notified ~bSULTAbT ofthat fact in writing. Page ~ of 11 ARTI~L~ V~ ~~I~ATI~N ANA RED ~F 'T'om The ~NULTANT mill exercise reasonable care and due diligence in discovering and promptly reporting to the ~~R any defects or deficiencies in the orl~ of ~NULTANT, AT~~LE ~II ~NER~ OF DQU~NT All documents prepared or rnished by the DNL~LTANT pursuant to this Agreement are instruments of service and shall become the property of the ~NER upon the termination of this Agreerr~ent, The ~N~JLTANT is en~tled to retain copies of all such documents, The documents prepared and furnished by the ~NLTA~NT axe intended only to be applicable to this project and ~NER's use ol* these documents in other projects shall be at OCR's sale risl~ and expense, In the event the ~NEI uses the Agreerrient in another praj ect or for other purposes than specifiied herein any of the information or materials developed pursuant to this Agreement, OON~LTANT is released Pram any and all liability relating to their use in that project. ARTICLE VIII Il~DEP~~NT CONTRACTOR CONI~LTANT shall pra~ide services to O~VN~R as an independent eon~actar, not as an employee of the OONULTANT shall not have or claim any right arising from employee status. ARTICLE Ix II~IT~ AREEIVIENT The CONSULTANT shall indemnify and sage and bald harmless the and its officials officers agents, attorneys and employees from and against any and all liability, claixn~ demands, damages, lasses and expenses, including but not limited to court casts and reasonable attorney fees incurred by the OAR, and including ithor~t lin~itafion damages for bodily and personal injury death, or property damagc~ resulting from die negligent acts or omissions of the ~N~JLTANT or its affi.cers, sharehalder~ agents, attorneys and employees in the execution operatian~ or performance ofthis Agreement, Nothing in this Agreement shall be construed to create a liability to any person ~vho is not a party to this Agreement and nothing herein shall rare any of the party's defenses both at lam or equity to any claim} cause of action or litigafi.on filed by anyone not a party to this Agreerr~nt, including the defense of governmental immunity} which defenses are hereby expressly reserved, gage 4 of 11 ATILE J1 y ~L y During the performance oI` the er~rices under this Agreement, DNULTANT shall maintain the following insurance with an insurance company licensed to do business in the Mate of Texas by the Mate Insurance Board or any successor agency, that has a rating with I, lest ate farriers of at least an ar above. A. comprehensive general Liability Insurance with bodily injury limits of not less than I,ooo~~~o for each occurrence and not less than $1,00,000 ~ the aggregate and v~rith properly damage limits of not less fan 1 for each occurrence and not less than 100,000 i~ the aggregate. B~ Automobile Liability insurance with bodily in~ur~ limits of not less than $1 for each person and not less than l,o~o,ooo fox each accident and with property damage limits for not less than $1 for each accident, orl~er's compensation Insurance in accordance with statutory requixements, and Employer s Liability Insurance with limits of not less than 100,000 for each accident. D, Professional Liab~ity Durance or appropriate Errors ~mYSSlons Insurance nth limits ofnot less than $1,000,000 annual aggregate DNULTANT shall furnish insurance certificates or insurance policies at the DNER's request to evidence such coverages, The insurance policies shall narne the ~R a an additional insured on all such policies to the extent that is legally possible, and shall contain a provision that such i.nssruance shall not be cancelled or modified ithout thirty days prior mitten notice to DINER and ~NULTANT~ In such event, the ~~NULTANT shah, prior to the effec~ve date of the change or cancella~on of coverage, deliver copies of any such substitute policies furnishing at least the same policy baits and coverage, to ~NEI. A'~LE ~ ARBITRATION AND ALTERNATE DIP~JTE I~EDLI~TI~N The parties mill n~a1~e efforts to settle any disputes arising under this Agreement by subm~tt~ng the dispute to arbY#ra~.on o~ other ~1eal~ ~ alternate dispute resolution such as mediation. I~ov~ever~ no arbitration or other form of alternate dispute resolution arising out af, or relating to this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approvai~ AITILE ~I TERMINATION OF AREEENT A, Notwithstanding any other provision of this Agreement, either party may terminate this Page 5 of 11 t r , Agreement by providing thirty ~~4} days advance written natrce to the other party. B, This Agreement alternatively be teraminated in whole or in part in the event of either party ubstan~ally failing to fulfill its obligations under this Agreement. No such terlnina~an will be effected unless the other party is given ~1~ written nonce delivered by certified mail, return receipt requested} of intent to terminate and setting forth tha reasons specifying the nanperfarmance or other reasons}, and not less than thirty a calendar days to cure the failure} anal an opportunity for consultation with the terminating party prior to termina~on. If the Agreement is terminated prior to ca~nple~an of the services to be provided hereunder, ~NL~LTANT sha11 1~ediately cease all services upon receipt of the written notice of termiuatian frau~ ~wN~, and shall render a fnaal hill for services to the within twenty days aver the date of tertrLination. The OwN~. shall pay C~N~JLTANT far all services properly rendered and satisfactorily pcrfarrned, and for reimbursable expenses prior to notice of termination being received by ~NITANT, in accordance with Article . o this Agreement. should the awl subsequently contract with a new consultant far the continuation of services on the Pro~cct, CDNL~LTANT shall cooperate iu providing infarmadan to the DER and to the new consultant. If applicable, ~wNER shall allow ONULTANT a reasonable time to ~ansit%an and to turn aver tho Project to a new consultant. ~NULTANT shall turn over all documents prepared or famished by ~NULTANT pursuant to this Agreement to the an ar before the date of terrninatian, but may maintain copies afi such documents far its files, ATI.~~ REPDNIB~LIT~ FAR LAIIVI AND ~l~T Approval o~ the work by the ~N~ shall not cans~tute nor be deemed a release o the responsibility and liability of the DNULTANTa its ocers, employees, ar agents, far the accuracy and carnpetency of their worl~ performed pursuant to this Agreement; nor shall such approval ~y the be deemed as an asump~an of such responsibility by the for any defect in the warp prepared by the ~NULTANT, its principals, officers, employees, and agents i ARTICLE N~TI~E All natives, com~municatiori, are reports required or permitted under this Agreen~er~t shall be personally delivered ta; ar telecopied ta; ar mailed to the respec~ve parries by depositing sane in the l~nited Mates mail at the addresses shaven below} postage prepaid, eertif~ed mail} return receipt requested unless otherwise specified herein. Page ~ of 1 ~ T'a ~~I~ULTAI~T: To ~w~R: alutient Ceociences, Inc. pity of~enton, Texas Leslie A, Jeske, P,x, Gorge . ~atnpbell, City Manager ~ 8~~ Paluxy 1~rive~ quite 15 fast Money feet Tyler, Tees 7703 Denton, Texas 7~~41 Phone: ~90~} ~S~-44~ Fax: ~94~~ 3~4~8~ Fax ~9~~} SSA-~~9 and David Dugger, Land~11 Manager pity aflentan~ Texas ~ 1 Pnster Road Dentan, Texas 7G~DS Phoney ~9~0~ ~4~~~D~ A11 natlces under this Agreement shall be effective upon ~eix actual receipt ~ ~e party to whom such notice is given, or three days aver mailing of the notice, whichever event shall first o ccur, ARTICLE ~ EN'Tl A~RR~IENT This Agreement consisting of eleven ~ ~ 1 }pages and t~vo ~xhlbits hereto, said exhibits constitute tae complete and final expression of the Agreement of the parties and is intended as ~ complete and exclusive statement of the terms of they agreements, and supersedes all prior conterriparaneous affers, prornises, representations, nego~iati.ons, discussions, camn~nnicatians, understandings, and agreements which may have been made in connec~on wi#h the sub jest matter of this Agreement. ARTI~E ~I EERA~~~TY ~ any provision ofthis Agreement is found or deemed by court of competent juxidictian to be Invalid ar unenfarceab~c, it shah be considered severable from the remainder of this Agreement, and shall not cause the remainder to be invalid or unenforceable, In such event, the parties shah reform this Agreement, to the extent reasonably possible, to replace such s~-icl~en provision with a valid and enforceable provision which camel as close as possible to expressing the original intentions of the parties respecting any such stricken provision, ART~I~ ~ ~MPI~~AN~ wITII Aw DNU~TANT shah carnply with all federal, state, local laws, rules, rcgula~ans, and ordinances applicable to the ward performed by DN~JL~TAT hereunder, as they may now read or as they nay herea~er be amended, Page ~ of 1 ~ read ar as they may herea~er amended. A1~TI~I~E ~ l]i~AT~~N PR~ITED perfor~mi~g the services required hereunder, ~~~TAI~'T shall not discrimate against any person on the basis of race, color, religion, see, national origin or ancestry, age, or physical handicap. A1~T~~ ~ PER ~NIE~ ~~NULTANT represents that it has or will secure at its awn expense all personnel requixed to perform all the services required under this Agreement, such personnel shall not he employees or a'icers of, nor have any contractual relations with the ~wI~ER. ~I~TANT shall irn.ediately inform the wER in writing of any convict of interest or potential convict of interest that ~N~ULTANT may discover, or which may arise during the term ofthis Agreement B. ~wN~R requires that ~1~TANT carefully safeguard all documents, data and informa~on pra~ided by ~wNEI to ~~N~ULTANT incident to this engagement, ~ULTANT recognizes that such documents} data; and information; involve sensitive, cornpetive issues; in some cases, conhidentiai infarmation~ and in same cases proprietary information; and the disclosure of such infonna~an by ~I~ITAI~T to any third party, without the express written consent of ~w~ is expressly prohibited by and would likely cause economic loss and detriment to ~wER. Any such unauthorised disclosure of information by ~NULTANT shall constitute an act of default respecting this Agreement. ~~LTANT represents to ~wN~~ that it will safegrd ~w~E's infaratian and will, upon wNER' reasonable request provide ~wER with ~NULTAI~iT' pallcles regarding its procedures far ~dentlfying canihcts of mterest~ and its procedures and safeguards which are in place which would apply to ~NLTA~1T' treaent and handling of ~wNE~~ dacurnents, data, and information during this engagement. All services required hereunder will ~e pearmed by ~~NULTANT ar under its direct supervision, All personnel engaged in perfanning the warp provided for in this Agreement, shall be qualified, and shall be authorised and permitted under applicable state and loyal laws to perform such services. AR"TTI~E ~ ~INAB~iT The ~NSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement whether by assignment, nova~an ar otherise~ withar~t the prior written consent of the wNE. N~TLTANT shall promptly na~fy ~wE of any change ~f 1tS name as 4~Vell a5 of any ~nater~al change m rts corporate structure, lts location, and~or ~n 1ts Page S of 1 ~ operations ARTiL~ NiDD~'~ATIDN bo waiver or modification of this Agreement or of any covenant, condition limita~on herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. bo evidence of any waiver or n~odif~caon shad be offered or received in evidence in any proceeding arming between the parties hereto out of or affecting this Agreement} or the rights or obligations of e pales hexeunder, unless rich waiver ar adi~.cation is in writing, duly executed. The pares fi~r~her agree that the provisions of this .~ticle will not be waived unless as herein set forth. ART~LE III 11~SLLAN~I~S A. DNSULTAbT agrees that ~wb~R shah, until the expixa~on o~ dive years after the final payrnent made b wbER under this Agreement have access to and the right to examine any directly pertinent books, dacuments~ papers and records of the ~NSLT1~bT involving t~ansac~ons relating to this Agreement, ~~NSULTAbT agrees that DwbER shall have access during normal working hours to all necessary ~bS~LTANT facilities and shall be provided adequate and appropriate working space in order to conduct examinations or audits in compliance with this ~icle. ~wb~~ shall give DSLILTAbT reasonable advance notice a~` all intended eu~n~ons ar audits. venue of any suit ar cause of action under this Agreement shall lie exclusively in Denton Jaunty, Texas. This l~greernent shall be governed by and construed in accordance with the laws ofthe State ofTexas, Par purposes of this ~greernent, the parties agree that Leslie A, Jeske ~~`~eske"}, shall serve as the Project IVlanager for ~bULTAbT respecting this engagement. This agreement has been entered into with the understanding that Jeske shall serve as the DbSDLTAbT's project 1Vianager and will be the ley person serving the on this Project, A.ny proposed changes requested by ~DbSULTAbT, respecting Jeske sung as the Project 1Vlanager an the Project shall be subject to the approval of the Dwb~R, which approval the shall not unreasonably withhold. bathing herein sha111in~it ~bSLTAbT f~o~ using other qualified and competent members of its ~ to perform the other services required herein, under its supervision or control. D. DNSULTAbT shall cornrnence, carry on~ and complete its worl~ an the Project with all applicable dispatch, and in a sound, economical} effiicient manner, and in accordance with the provisions hereof. accomplishing the Project, ~bI~LTA~bT shall take such steps as are appropriate to ensure that the work involved is properly coordinated wx related worl~ being carried on by the DwbER, The DwbER shall assist and fully cooperate wY DNStJLTAbT by placing at the Page ~ of l l r ~~TANT's dispasal a1~ avai~ah~e infarr~ati~n pertinent #a the Pray ect~ including pre~iaus reports, any ether data rela~~e to the ~'roject and arranging for the access #o~ and nuke ail pra~isians far the ~ULTANT to enter in or upon, public and private property as required far the ~~N~J~LTAT to perform prafessianal services under this Agreement. ~wNE~ and ONULTANT agree that ~ULTANT rs en~.tled to rely upon backgraund inf`ornaatian furnished to it by without ~e need der inquiry or in~esgation into such infarma~on, F. The captions of this Agreement arc far informational purposes aniy and shall not in any way affect tae substnti~e terms or conditions of this Agreement, I wIT wI~RE~F, the pity afDenton~ Teas has executed this Agreement i~ four original counterparts, by and through its duly authorized pity Manager; and ~~IJLTANT has executed this Agreement by and through its duly authorized undersigned officer, an this the day of , ~a~8, but to be ratified, canned and effective as of the day of~ctober, ~4D8, ;~~~~a CITY ~F lETN, TEAS A Municipal arpara~on ESE ~ CAMPBELL, pity Manager ATTEST: JENN~FE wA.~TER~ ~IT~ ERETA~ APPROVED A T~ LE~JAL FARM; JDI M. ~T~ INTERIM CITE ATTIRE Ey: ` ~`~~ULTAT'} DLIJT~NT E~~NE, Ili. A Texas orparatian * , ~i rrJ~~ l Page 14 of ~ 1 r I~~ ATTEST: r ~c~er Pay 11 oI' I I S f S ~ ~~u~1~1~~ C1~~~, 1C. 3 8 a a Palu.y Drl~e, dui#e ~a Tyler, Texas ~57a ~s~-~~~o t~l ~~o~~ ss~~~~9 ~ epteher S, ~~08 Da~rld Dogger Land~il uperlntendent City of Denton ~ 1 Foster load Denton, T~. 7Ga8 ~ ~ ~ropaaal ~a0~~~aa Landfill ydroeological ~onsulting anal nalytieai services ~lty ofDenton Landfill ~ Permit Nv.19a.} Denton ~Dentan bounty}, Texas Dear r. Dogger: In accordance v~ith your recent regne~t, olo#ient eoclences, Ioc. ~"olu~ent"} is pleased #o suhnlit the follo~.ng proposal far providing hydrogea~og~cal con~olting and analytical er~lees at the pity of Denton ~"it"s Iand~ll for a one-year period commencing October 1, ~a$, olutient wild sere a e pity's profe~s1onal services consultant relatl~e to alI land~.11 ground~rter rnoni#oring7 data review} reporting, and general geological and hydrogealogical ser~iCes, where needed, Scope ~f services As ire understand it, the worl~ iII can~lst ofcondocting aluarterly and semiWannnai groondv~ater moni#oring e~e~#~ a~ r~part~g in aceardance i tie existing Te~a~ onssion on ~n~vironn~ental duality ~`iT~"~ approved raundv~ater Sapi~ng and Analysis plan ~~`SAP~'~ at the above~referenced faculty. The foliov~ng discussion provides a de#aued e~pZar~a~cn of the ser~rices provided. • ydrogeological consulting - includes genera~on and on-going maintenance of existing groundv~ater analytical data hare, management and direct supervision of groundwater n~onitoring events, 3~ review of analytlca~ data preparation of annual ground rater monitoring repar~a including groundwater contour naps and sei,annuai statistical e~raluatinns, e~raluation and submittal of ite,appropriate ~#a~stical analysis method~s~, and } correspondence with TE regarding groundwater issues. The pity i11 be continually informed of R ~ Mr~ David Dogger, pity of Dcntan epte~ber 8, ~a~8 Page ~ al.l monitoring results and provided an~goin recommendations and opln~ons regarding necessary action, if needed, • Anal~rtical services -includes sapling and analysis of groundwater samples collected at landfill facility in accordance with the TE~approved wAP. ~ total of morlitaring wells, which comprise the facility ~Mw Permit Ida. 1 ~9~A~ groundwater rnonitoring system consisting of existing and new wells has per the o~-foot minimum spacing regoirernent~, ~ be gauged, p~rrged, and sampled using dedicated, low~~law pumps and a well wizard n~icropurge s~rstem, The existing we11s will be sampled semi-annually for the current Table 5-1 constituents, and the new wells will be sampled for the proposed new Table ~-1 cons~tuents, In addition, two quarterly bacl~ground events will be performed for the 3 new webs for which gra~~rtdwater sa~npie will be collected and analyzed far the proposed new Table I constituents. Also, a leachate samples wi11 be collected and analyzed far necessary pre~treatrnent constituents as required by the waste water treatrnent plant All analyses will be performed using EPA~approved methods by Ana,Lab corporation, Also included in the work is a provision for up to two verification re- samplinglassessment monitoring events at up to 3 monitoaring wells. Assessment samples would be analyzed far 4a Part S 8, Appendix II constituents. anitasT~ for ground water Maintenance A.gree~nent - provides for annual upgrades and software support of anitas~'~, a statistical analysis software package used to perform statistical evaluation of groundwater quality data. All services provided will be coordinated and performed under the direct supervision of Mr, Leslie . Ceske} P,,, Hydrogcolagist. Mr. Jeske has served as the primary groundwater consultant at the facility since 19~, Low~~ow purging and sampling activities wi11 be conducted using instruments and equipment awned and maintained by the pity, In the event the instruments are found in need of repair, the it will be promptly notified to insure minimal delays in completing the scheduled monitoring events. The pity will be responsible far all casts associated with repairs and ongoing maintenance. host ~stlmate used upon the above scope of services and our understanding afthe pra~ect, we have r. David ~ugger~ pity of ~entnn September S, ~aa8 Page 3 prepared the attached Probable host estimate which shows the esti~rnated quan~~es afwork and unit fees. It is estimated that the total amount of this contract far ~ctaber 1, aaS September should not exceed I ~ a~a~a,aa. the event additional services are required beyond those detailed in this ca~traet, such will be pe'orn~ed an a time and materials basis. you will be natlfied ifunforeseen ca~dition axe eneou~tered or there is a necessity t~ change the scope afworl~. Additional war will not be perf~r~aed without first obtaining your approval afthe additional costs, invaice will be submitted an a monthly basis far the percent of worl~ completed for each event. It will be based upon the actual wor1~ performed and the unit prices sham in the attached Probable fast estimate, if you have any questions after reviewing this praposala please o not hesitate to contact me at ~~D~} 5~ 1,4~~~. A~ always, we loop forward to wag with the pity in this endeavor. fiery truly yours, olutient eaciences~ lnc. ~ ~ f Y{ ~eSl1e Jee, P,~, ydxageologist Attach: Probable host Estate cc: IViil~e Copeland, City o~ Denton PRODABLE C~S'C ESTIMATE September 8, ~QQI; ~~It~-~OII9 Landfill Hydrogealogical CansnItin~ and AnalytfcaI Scrvie~ City a~peatun LanditlI {1V1SW Permit lea, ~59UA~ Denton {peatnn Cannty~, Terms Item uanti Unit Unit Rate Cast Sanitas far Groundwater Saflware Annual Mainteoar~ce A cement cast X15°t° 1 i,S $ 3~Q.QQ ~ ~~q.~Q Subtotal. ~ 3~d.~It eremher ~u~rter~y Bacl~gruu~rr~ ~erlJieatlorr ~e-s~mp~ir~rg, ~C ~#ss~ssmejr[ ~Ilant~ur~r~g,t'v~l: Statistiaal evaluation and Re ortin [VerilicatianlAssessment Manitarir~ } ~ wells ~ I~Q.QQ ~ 57D.QQ Groundwater Chemis Review Data Hale U date, Anpl ica! Data Evalnatiar~ Chccklis Gmt~ndwater Car~taur Ma , and Re ar# Iar~ motion; H dra ealo t 10 haur ~ I35,QQ ~ 1,~~~.~Q CARD ~ stator ~ hour $ ~Q.OQ ~ 1 ~Q,4Q lnvironmental Technician 38 haur ~ ~~,QQ ~ ~,4~6.QQ 5ubsi5tence ~ da $ ~S.QQ ~ 1~D.QQ Sam tin vehicle 3 da ~ S~.QQ $ 1G~.Q0 Miles a 32~ mile $ Q.75 ~ ~4~,~~ urhidi Meter ~ da ~ ~Q.QQ ~ 150.QQ nal ical Services: ~ dated Table ~~I G~VSAP Constituents ~3 wells ~ 3 ~ sam les ~ sash ~ ~~~.QQ ~ 1,9~~.U0 ~erificationlAssessment A endix lI Corstituents wells & ~ QC snm les 5 each ~ 1.337,0 ~ ~,687.~Q Snb#n#al; S 15,~~4.~~ urrh ~0~9 S~rntr ~4r~nuu~ Delectlar~IBurl~graur~d h~ur~~tnrdug Event: Statistical ~valuntian and Re actin ~Q wells $ 1 ~q.OQ $ 3,80Q,0Q Groundwater Chemis review Data Base U date, Anal ica! Data Evaluation Checklist, Groundwater Cantnur Ma ,and Re art Pre station: H dra Bola t l8 haur ~ 135.0 ~,43Q,0Q CARD ❑ erntor 3 hour ~ ~0.fl0 ~ I ~~.0q Environmental Technician ~Il hour ~.~.0p ~ ~,S~Q.OD 5ul~sister~ce 4 dk ~ 95,00 ~ 380,0Q Sam lin vehicle 5 da ~ 55,00 $ ~75.gIa Miles a mile ~ 0.75 ~ 23.75 Turhidi hriater 5 da ~ 50.00 $ 250,Q0 Ana! ieal Services: 'table ~-I GWSAP Cot~StitUent5 ~ wells 9 ~C Sam les, & ~ leachate sum les 3Q each ~ 515.00 ~ 15,50.00 U dated Table ~-l G~SAp Car~stitucr,ts wells} ~ each $ 33~.OQ ~ 996,00 AsSessmet~t ~TGCs assessment afcnrreetiva measures wells ~ each ~ 138,00 ~ 414,I~0 Assessment A endix Il Constituents MW-~U & 1 QC earn lei ~ each $ 1,33'T.50 ~ 2,~75.~~ haste Water Pre-Treatment Cor~titucnts I~ leachate som leS ~ each $ 210.5 ~ X21,00 Su~tatal: ~ 33,~3~.75 urge ~~09 ~tlarter~y ~a~l~graur~d, I~erl,~ea[~an ~~sump~~~rg, ~issessrneut Mart~~nrFng ~`veu~: Statistical evaluation And Re artin 1~arifc~tianfAssessment Monitorin 3 ~vells ~ 190.00 ~ 570,00 Groundwater Chemis Review Data $ase U date, Anal ical Dais Evaluation Checklist, Groundwater Cantaur Ma , ttnd Re art Fre arntion: H dra ealo t 1 Q haur $ 135.00 ~ 1.35{}A0 CARD D eratar 3 haur $ 60,00 ~ 180A0 lnvironmental Technician hour $ 92,00 $ ~,49~,~II Subsistence ~ da S X5.00 $ I ~1~.OIa Sam tin l~ahicle 3 da $ ~ 165,00 Milett a 325 mile ~ 0.75 S 23,75 urhidi INoter 3 da S 50,00 $ 150,I~D Anal icaI Services; U dated Table ~-1 GW5AP Constituents welIs & 3 ~C earn 1es ~ each 3~~.OI~ S 1,992,00 Verifict~tinnlAssessment A endix R Constituents 3 wells & ~ C SE#~!1 less ~ each ~ l 337.50 $ ~ 687,50 Subtats~l: ~ 15,0~4.~5 eptertt~er ~~~5 Se1rt~ ~1ttr~ua~ ~etect~~nlBackgt~aur~d M~r~~~ar~r~g Event: StAtl5tical evaluation and Re ortin 2a ~vells ~ 19Q.00 ~ $00.Q0 Groundwater Chemis Review Data Hose U data, Anal ical Data Evaluatinr~ Checklist, Groundwater Cantaur a , and Re art Pre aratian: H dra Bala t 18 haur ~ 13S.Qq ~ ~,g30.OQ CApI] G stator 3 hour $ 6I}.OD $ lBD,OQ Environmental Technician 6Q haur S 9~,Q0 $ 5,520.OQ Subsistence 4 do ~ 95.Q0 38I~.~11 Sam lin vehicle ~ da $ 55.QD $ 275.D0 I1~ilaa ~ mils ~ 0,75 ~ 243.25 urhidi IVieter ~ da $ 50,00 ~ ~5~.~1~ Rage 1 of f i PROBABLE C0~'I' E~TIMATC September 8, X408 ~~OS-20Q9 Landfill HydragetilQgica! Consulting and AnaIytlca! ~er'vic~ City of Dentr~n Landfill (II~iS'Vlr Permit No. I~~QA} Denton ~De~tan Oaant~~, Teas Anal ical services: ~'ahle S~l GWSAP Canstitueat~ ~1~ wells 9 IBC sin lcs, & ~ leacl~ate sarn les ~U eflch ~ S15.pI~ 15,454,40 U dated Table 5-1 ~V~SAP Constituents 3 wells 3 each ~ 33,00 $ 9~b,Q0 ASSessmer~t A endix II Constituents {IViW-~ & 1 C sam 1~ 2 each ~ 1.337.5 ~ ~,6?5,40 Waste Water Pre-Treatment Canstituer~ts Ieuchat~ sam les ~ eucl~ $ ~14.SA ~ 41.40 ubto#al: ~ 3~,G~Q~7a C'~rtt~r~g~rtcy Ftrr~ds 1 Is ~ 13,946.OU ~ I3r946.4I1 Subtotal; ~ I3,~4b,40 ~'OTAL: ~ 1 ~4,44p,4Q Notes, 1. ScapE of work based an asst~mpticn that new monitoring wells required by 644-feat downdient minimum spacing permit modification will be Approved by TC~~ and }yells installed by 13ecember ~OQB. Updated Tah1e 5-1 ~VUSAP constituent list includes ~~Cs and tote! metals as per permit mcdifr~tion awAiting TCE~ approval. 'his madi~cation is required lay new IVIS rules dated Larch 27, ~44Ii. Additinr~al work will be performed upon authorization by tl3e City of I]entan ntiIixing the fnIlnwing fee schedule. Hydr~geolagist - X135.00 pet hour Geologist - ~1~S,~I~ per Maur environmental Technician - ~9~.4D per hour CARD ~perntar - ~6Q.44 per Maur Field ~ehicIe - ~55.4p per day Mileage - X0,75 per mile aufi~ide 5erviGes {i,e,, map reproduction, color phatccopies, etc.} -cost+] 5~/4 Additional Expcnses {i.e,, meals lodging, etc.) ~ cost+15~1~ Page ~ ~f ~ 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 October 13, 2008 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, and after convening an Open Meeting, the Chair of the Public Utilities Board convened 7 into a Closed Meeting on Monday, October 13, 2008 at 9:00 a.m. in the Service Center Training 8 Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, and Bill Grubbs 11 12 Absent: John Baines and Randy Robinson, both excused 13 14 Ex Officio Members: 15 George C. Campbell, excused 16 Howard Martin, ACM Utilities 17 18 OPEN MEETING: 19 20 ITEMS FOR INDIVIDUAL CONSIDERATION: 21 22 9) Consider recommending approval of a Professional Services Agreement with Solutient 23 GeoSciences, Inc., of Tyler, Texas, for hydro geological and analytical services regarding the 24 city's landfill in an amount not to exceed $110,000. 25 26 ACM Howard Martin called on Vance Kemler, Director of Solid Waste, to present. Kemler 27 stated that each year there are permit requirements to monitor and sample the ground water 28 around the landfill to ensure compliance and no contamination that surrounds the area. The 29 landfill currently has twenty monitoring wells and due to a change in a rule last year, the spacing 30 of monitoring wells cannot exceed 600 feet. Kemler stated there are a couple of wells that are 31 613 feet and 605 feet which is unacceptable. Staff has submitted a new ground water sampling 32 plan to locate and change three wells. Once those wells are finished, there will be additional 33 samples taken to establish baselines. The proposal for services includes sampling oftwenty- 34 three monitoring wells during this fiscal year. Kemler stated the request for the not to exceed 3 5 amount of $110,000 for annual services includes contingency money should a problem be 36 discovered in the ground water sample and that this is a reduction from the previous year's 37 amount of $193,000. 38 39 Board Member Bill Grubbs moved to approve Item 9 with a second from Board Member 40 Phil Gallivan. The motion was approved by a 5-0 vote. 41 42 The meeting was adjourned by consensus at 9:50 a.m. 43 AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams 349-8487 ACM. Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the construction of the 13 8kV transmission lines for Denton Municipal Electric; providing for the expenditure of funds therefore; and providing an effective date (Bid 4152- 13 8kV Transmission Line Construction 2009 for Denton Municipal Electric awarded to the lowest responsible bidder meeting specification, Chain Electric Company in the amount of $3,629,189.25). (The Public Utilities Board approved this item by a vote of (5-0). BID INFORMATION This bid is for the construction of five transmission line projects for Denton Municipal Electric. A complete description of the projects is included in the attached Public Utilities Board Agenda Information Sheet (Exhibit 1). Also included as Exhibit 3 is a summary of the budget amounts for these projects and a projection of the total project costs using the information included in this bid. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its October 13, 2008 meeting. RECOMMENDATION Award to Chain Electric Company in the amount of $3,629,189.25. PRINCIPAL PLACE OF BUSINESS Chain Electric Company Hattiesburg, MS Agenda Information Sheet October 21, 2008 Page 2 ESTIMATED SCHEDULE OF PROJECT Construction of the transmission lines is scheduled to begin in November 2008. Completion will likely be in the spring of 2010. Projects 14 and 15 must be completed in the lower load times of the year (generally late October through March). The need to complete projects 16, 17, and 18 before May 2009 in order to get the RD Wells Interchange and Substation on line will likely preclude the contractor's being able to proceed with work on Project 14 until at least late October 2009. FISCAL INFORMATION The five projects listed in this bid will be funded from the following bond fund accounts: 600129488.1360.3550 $1,312,305.65 600130489.1360.3550 $ 899,129.35 600774489.1360.3550 $ 93,303.00 600775489.1360.3550 $ 980,922.75 601124489.1360.3550 $ 343,528.50 $3,629,189.25 Requisition# 90092 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Public Utilities Board Agenda Information Sheet without Exhibits Exhibit 2: Bid Tabulation Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 4152 Exhibit 1 PUBLIC UTILITIES BOARD AGENDA ITEM #2 AGENDA INFORMATION SHEET AGENDA DATE: October 13, 2008 DEPARTMENT: Utilities ACM: Howard Martin, Utilities, 349-8232 SUBJECT: Consider recommending approval of Bid #4152 for award of a contract for construction of five transmission line projects to Chain Electric Company, Hattiesburg, Mississippi, in the expenditure amount of $3,629,189.25. BACKGROUND: Denton Municipal Electric (DME) is undertaking five transmission line construction projects. This construction must be done by contract both because of the scope of the projects and the equipment that must be used for construction. The projects are: Project 14: Hickory Substation to US 380 69kV Transmission Line (30 poles,1.21 miles) Project 15: Replace Five Poles in the Hickory to Locust 69kV Transmission Line (5 poles, 0.25 miles) Project 16: RD Wells Interchange to Hickory Substation 69kV Transmission Line (33 poles,1.72 miles) Project 17: Denton West Interchange to RD Wells Interchange 13 8kV Transmission Line (67 poles, 4.47 miles) Project 18: Denton West Interchange to Denton North Interchange 13 8kV Transmission Line (9 poles, 0.66 miles) All five of these projects have been approved as a part of the GIP. A proj ect location map has been included as Exhibit 1. Project 14 is for reconstruction of the south half of the 69kV transmission line from Hickory Substation to North Lakes Substation and is being undertaken because of age, the need to increase line capacity to meet ERGOT performance criteria, and to construct the tie-into the new Bonnie Brae Substation. The north half of the line was reconstructed in May 2003 after nearly all of the poles from near University to North Lakes Substation was broken in a wind storm. The section of transmission line from the Hickory Substation north to the third structure north of US3 80/University Drive will be reconstructed. Project 15 is for replacement of five ageing poles in the Hickory Substation to Locust Substation 69kV transmission line. The move one structure further east at the intersection of Bonnie Brae and Stella. Project 16 is for construction of a new transmission line from the RD Wells Interchange to the Hickory Substation. Project 17 is for construction of a new 13 8kV transmission line from the Denton West Interchange to the new RD Wells Interchange. Project 18 is a new line section being constructed to move the Denton North transmission line off of existing double circuit structures for the first half mile out of Denton AIS -PUB Agenda Item #2 October 13, 2008 Page 2 of 4 West and reconfigure the transmission lines around the station to allow the RD Wells transmission line and other future lines to be constructed into the station. This proj ect is being done for TMPA, and DME will be reimbursed for the work. Projects 16,17, and 18 are required to provide the transmission line construction necessary to serve the new RD Wells Interchange and Substation and to provide a third transmission source into the existing 69kV transmission loop at the Hickory Substation. With this third source of power, any two of the three sources for the 69kV transmission loop will be capable of carrying the entire 69kV summer peak load. The 13 8kV to 69kV step-down transformer will be located in the RD Wells Interchange. There will also be three 13 8kV to 13.2/7.62kV, 25 megawatt distribution power transformers in this station. Exhibit 2 is a map showing the areas of distribution under build. Exhibit 3 contains two drawings showing the existing and planned arrangements near the Denton West Interchange. All transmission lines will be constructed as 138kV even though projects 14,15, and 16 will be operated at 69kV. This provides better lightning performance and will facilitate conversion to 138kV in the future for lines that should be in place for 50 years or more. Galvanized steel transmission poles for these projects were purchased in August 2008. The total number of galvanized steel structures required for the five projects is 144. Standard City of Denton purchasing procedures were used, and bid packages were provided to 26 prospective bidders. Five companies attended the rebid meeting. One bid and two no-bids were received at bid opening. One additional no-bid was received via email prior to bid opening from a contractor headquartered along the Gulf coast. The three no-bid responses indicated that their present workload would not allow them to entertain additional work at this time. DME proposes to accept the bid from Chain Electric Company for the following reasons. Anecdotal information about the present market place indicates that many contractors have opportunities for more work than they can do (such as construction to support active wind generation projects, transmission construction within the ERGOT and surrounding regions to keep up with load and generation growth, projects that are underway to mitigate congestion in anticipation of the nodal market, and responses to the recent hurricane). Secondly, Chain Electric Company's bid price appears to be in line with what would be reasonable. From discussions with other utilities and contractors over the past year, DME expected bids to be between $500,000 and $1,000,000 per mile for construction labor alone. The range in cost is due to the differences in work required for the different projects. As an example, Project 14 is along Bonnie Brae and distribution circuits must be kept energized to provide power to customers during the construction. Project 17, on the other hand, will be largely de-energized construction in open areas with very few customers affected and approximately two miles with no distribution under build. The average cost for Project 17 would be lower. Thirdly, it is critical that the RD Wells Interchange and Substation be in service by June 2009 and that Project 18 be completed by May 2009. RD Wells will provide the transformer capacity in the western part of the system to aid in insuring reliability. Project 18 is required to resolve ERGOT system operational AIS -PUB Agenda Item #2 October 13, 2008 Page 3 of 4 contingencies that have the potential to require mandatory load-shed actions that will affect Denton in the event of certain transmission outages. Fourthly, DME does do not believe that rebidding will result in a lower price. Rebidding would delay the start of construction into at least January thus j eopardizing on-time completions of critical projects. Fifth, because a number of "smaller" contractors have been acquired by maj or nationwide contracting firms, there are fewer bidders than in the past. Sixth, construction of the maj or proj ects that have been identified as part of the Competitive Renewable Energy Zone (CREZ) transmission line construction need will absorb significant amounts of construction resources in the near future, placing additional upward pressure oncosts, and further limiting construction crew availability. The estimated CREZ construction need at this time is in the range of $3 billion in the Texas area. Finally, with a bid amount revealed, two circumstances must be considered before a decision is made to rebid. If future bids (from contractors that declined to participate in the first bid) would not be lower than the current bid, there would be little incentive for contractors to submit bids that would not likely be competitive especially considering that the amount of the bid bond required will be high. The first bid has likely established a floor for future bids. With low participation in the first round of bidding, and a floor established, it is quite possible that the bid price could increase. With the reasonable bid cost available at present, DME recommends acceptance. The following tabulation is a summary of bid information by proj ect: Project 14 $ 980,922.75 ($810,680 per mile) Project 15 $ 93,303.00 ($373,212 per mile) Project 16 $ 899,129.35 ($522,750 per mile) Project 17 $1,312,305.65 ($293,581 per mile) Project 18 $ 343,528.50 ($520,498 per mile Total $3,629,189.25 ($436,726 average cost per mile, all projects) OPTIONS: 1. Recommend award of a contract to Chain Electric Company, Hattiesburg, Mississippi, for construction of the transmission lines. 2. Not recommend approval of the proposed contract and direct that other actions be taken. RECOMMENDATION: DME recommends approval of Bid #4152 from Chain Electric Company, Hattiesburg, Mississippi, and award of a contract for construction of the transmission lines in the amount of $3,629,189.25. ESTIMATED SCHEDULE OF PROJECT: Construction of the transmission lines is scheduled to begin in November 2008. Completion will likely be in the spring of 2010. Projects 14 and 15 must be completed in the lower load times of the year (generally late October through March). The need to complete projects 16,17, and 18 before May 2009 in order to get the RD Wells Interchange and Substation online will likely preclude the contractor's being able to proceed with work on Project 14 until at least late October 2009. AIS -PUB Agenda Item #2 October 13, 2008 Page 4 of 4 PRIOR ACTION/REVIEW (Council, Boards, Commissions): None FISCAL INFORMATION: The total expenditure for the proposed transmission line construction will be $3,629,189.25. The projects will be funded with bond funds as accumulated to the five project accounts 600129488, 600130489, 600774489, 600775489, and 601124489. TMPA will provide reimbursement for Project 18. BID INFORMATION: The bid information is summarized on the previous page. DATE SCHEDULED FOR COUNCIL APPROVAL: October 21, 2008 EXHIBITS: 1. Project Location Map 2. Location Map for Distribution Under build 3. Planned Transmission Line Configurations near Denton West Respectfully submitted: Phil Williams General Manager of Electric Utilities Denton Municipal Electric Prepared by: ~ d~ ' ~ ~ Chuck Sears Engineering Division Manager Denton Municipal Electric Exhibit 2 Bid # 4152 Date 10/2/08 1381cV Transmission Line Construction 2009 for DME Item DESCRIPTION Vendor Chain Electric Company Principle Place of Business: Hattiesburg, MS 1 Project 14 $980,922.75 2 Project 15 $93,303.00 3 Project 16 $899,129.35 4 Project 17 $1,312,305.65 5 Project 18 $343,528.50 Total Bid Price for All Projects $3,629,189.25 Bid Bond Yes Addendum #1 Yes 4~ ~ r..i ~ ~ ~ `U r- ~ ~ N ~ crl c+l ~ N ~ ~ ~ ~ ~ ~ ~ ~ V~ W ~ ~ ~ O pVq ~ 04 ~ N M S~} 04 _ ~ S~ ff} ff} FA {f} N N~ ~ ~W ~ 'o ~ ~ ~Q y c~ ~ a~ • ~ ° 00 000 00 ~ oo ~ ~ ~ v-~ ~ ~ N o ~ ~ ~ ~ ~ ~ ~ ~ o O o~° U ~ C/1 ~ j ' ~ ~ ~ ~ ,0 ~ N o N N ~ ~ ~ ~ ~ V 0 N ~ p ~ ~ U ~ 000 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ oo c~ ~ N N ~ U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . 4~ V1 0 ~ ~ ~ 0 ~ ~ ~ w ~ ~ 0 V ~ , ~ ~l ~n c~ ~ ~o ~ ~ v N N ~ ~ ~ ~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q 0 ~ ~ ~ .~°w~ ~ ~ Q ~ ~ 0 ~ c~ ~ r ~ v ~ ~ ~ ~ ~ o ~ ~ Z ~ ~ W ~ o ~ ~ ~ ~ ~ o ~ 0 Q 4~ ~ ~ ~ ~ ~ ~0 ~ ~ U ~ Q ~ ~ ~ ~ ~ r% ~ 0 ~ ~ ~ U N ~ ~ Cd M ~ ~ ~ a~ v ~ ~ 0 ~ ~ ~ ~ ~ ~ ~ 3 'o ~ o ~ ~ ~ ~ ~ ~ ~ a ~ ~ ~ ~ ~ o 0 ~ v ~ Q v v ~ x x ~ Q Q ~ ~ ~ ~ ~ a~ a~ a~ a~ a~ 'o 'o 'o 'o 'o ~ a a a a 0. ORDINANCE N0. CONSIDER ADOPTION OF AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE 138KV TRANSMISSION LINES FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4152-138KV TRANSMISSION LINE CONSTRUCTION 2009 FOR DENTON MUNICIPAL ELECTRIC AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, CHAIN ELECTRIC COMPANY IN THE AMOUNT OF $3,629,189.25). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 4152 Chain Electric Company $3,629,189.25 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2008. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r i - - , BY: 4-ORD-Bid 4152 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 October 13, 2008 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, and after convening an Open Meeting, the Chair of the Public Utilities Board convened 7 into a Closed Meeting on Monday, October 13, 2008 at 9:00 a.m. in the Service Center Training 8 Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, and Bill Grubbs 11 12 Absent: John Baines and Randy Robinson, both excused 13 14 Ex Officio Members: 15 George C. Campbell, excused 16 Howard Martin, ACM Utilities 17 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 The Public Utilities Board has received background information, staff's recommendations, and 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 ITEMS FOR INDIVIDUAL CONSIDERATION: 25 26 8) Consider recommending approval of Bid No. 4152 for award of a contract for construction of 27 five transmission line projects to Chain Electric Company, Hattiesburg, Mississippi, in the 28 expenditure amount of $3,629,189.25. 29 30 Howard Martin, ACM, called on Chuck Sears, Engineering Division Manager, to present. Sears 31 stated that he would provide a brief background and approach the question of why the bid should 32 be accepted as presented. The process for construction of these five transmission lines began in 33 the budget year 2001 with the planning as far back as 1999. One should note that DME is a 34 small utility in terms of transmission lines and these projects, although difficult, are relatively 35 small in size compared to what most construction companies like to do. Sears then gave a brief 36 description of the five projects. 37 3 8 The first proj ect is construction on Bonnie Brae Street and is being done due to age and because 39 the capacity needs to be upgraded. The second project, a small section, is the replacement of five 40 existing transmission poles due to age and, when doing work in the substation at Hickory, the 41 pole that is part of that line needs replacing. There is also a pole closer to Bonnie Brae than it 42 should be and will be moved back to improve traffic visibility. The maj or portion of the project, 43 and the most expensive, is the construction of the transmission line from west Denton to RD 44 Wells to the Hickory Substation, and the reconstruction of a small piece at the Denton West 45 Substation. 46 47 Sears next stated that the range in cost is due to the differences in work required for the different 48 projects. As an example, transmission lines along Bonnie Brae, and distribution circuits, must be 49 kept energized to provide power to customers during the construction. The Denton West Project 50 will be a largely de-energized construction in open areas, with very few customers affected, and Public Utilities Board Agenda October 13, 2008 Page 2 of 2 1 will be approximately two miles with no distribution under build. The average cost for that 2 proj ect is lower. 3 4 Sears stated that it is critical that the RD Wells Interchange and Substation be in service by June 5 2009 and that the Denton West to Denton north project be completed by May 2009. RD Wells 6 will provide the transformer capacity in the western part of the system to aid in insuring 7 reliability. This project is required to resolve ERGOT system operational contingencies that 8 have the potential to require mandatory load-shed actions that will affect Denton in the event of 9 certain transmission outages. 10 11 Sears also stated that DME does do not believe that rebidding will result in a lower price and that 12 it would delay the start of construction into at least January, thus j eopardizing on-time 13 completions of critical projects. Also, with a bid amount revealed, two circumstances must be 14 considered before a decision is made to rebid. If future bids (from contractors that declined to 15 participate in the first bid) would not be lower than the current bid, there would be little incentive 16 for contractors to submit bids that would not likely be competitive especially considering that the 17 amount of the bid bond required will be high. The first bid has likely established a floor for 18 future bids. With low participation in the first round of bidding, and a floor established, it is 19 quite possible that the bid price could increase. With the reasonable bid cost available at present, 20 DME recommends approval. 21 22 Board Member Bill Cheek asked what the estimated and actual cost was and suggested that 23 backup material submitted to the Council include columns for actual versus estimate costs. Sears 24 stated that the total projected cost estimate is $3,629,189, including material and labor and was 25 still a little under budget. 26 27 Board Member Phil Gallivan asked if there was any price relief anticipated in the future. Sears 28 replied none was anticipated. 29 30 Board Member Bill Cheek motioned to approve Item 8 with a second from Board Member 31 Dick Smith. The motion was approved by a 5-0 vote. 32 33 The meeting was adjourned by consensus at 9:50 a.m. 34 AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Frank Payne 349-8946 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the purchase of precast concrete box culverts for the Duncan Street drainage project; providing for the expenditure of funds therefor; and providing an effective date (Bid 4159-Duncan Street Precast Concrete Box Culverts awarded to the lowest responsible bidder meeting specification, Rinker Materials, Ltd., in an amount not to exceed 100,208.88). (The Public Utilities Board approved this item by a vote of (5-0). BID INFORMATION The Duncan Street Drainage project consists of the installation of three 7' x 4' concrete box culverts under Duncan Street. The construction will be performed by the City's Drainage Department. The project is required to relieve flooding in and adjacent to Duncan Street between Smith Street and Teasley Lane due to insufficient capacity in the existing drainage channel and culvert. Exhibit 1 shows the location of the project. The City has an annual contract for the purchase of drainage pipe and culverts, however, the culvert sizes for this project were not typical sizes and were not covered under that contract. As a result, the City had to bid the culverts independently to obtain pricing. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its October 13, 2008 meeting. STAFF ESTIMATE The engineer's estimate for the project was $110,000. RECOMMENDATION Award to Rinker Materials, Ltd. in an amount not to exceed $100,208.88. PRINCIPAL PLACE OF BUSINESS Rinker Materials, Ltd. Roanoke, TX Agenda Information Sheet October 21, 2008 Page 2 ESTIMATED SCHEDULE OF PROJECT Shipment of the box culverts can be made within 45 days of receipt of an order. The installation of the culverts is estimated to be completed by the end of December. FISCAL INFORMATION This item will be funded from Drainage account 650037562.1360.40100. EXHIBITS Exhibit l :Project Location Map Exhibit 2: Bid Tabulation Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 4159 Exhibit 1 Project Location Project Location 7~ BID #4159 Exhibit2 DATE : 09/ 18/08 DUNCAN ST. PRECAST CONCRETE BOX CULVERTS N0. QTY UOM DESCRIPTION Vendor Vendor Hanson Pipe & Rinker Materials Precast Ltd. Principle Place of Business: Grand Prairie, TX Roanoke, TX 1 459 LF x 4' Box Culvert, NCTCOG 501.6.2, $258.00 $218.32 TxDOT Standard Details TOTAL $118,422.00 $100,208.88 SHIPMENT 45 days 10 days ORDINANCE N0. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF PRECAST CONCRETE BOX CULVERTS FOR THE DUNCAN STREET DRAINAGE PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4159-DUNCAN STREET PRECAST CONCRETE BOX CULVERTS AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, RINKER MATERIALS, LTD., IN AN AMOUNT NOT TO EXCEED 100,208.88). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted 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 THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 4159 Rinker Materials, Ltd. $100,208.88 SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2008. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r i - - , BY: 4-ORD-4159 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 October 13, 2008 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board convened into a Open Meeting on Monday, 7 October 13, 2008 at 9:00 a.m. in the Service Center Training Room, City of Denton Service 8 Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, and Bill Grubbs 11 12 Absent: John Baines and Randy Robinson, both excused 13 14 Ex Officio Members: 15 George C. Campbell, excused 16 Howard Martin, ACM Utilities 17 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 The Public Utilities Board has received background information, staff's recommendations, and 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 6) Consider recommending approval of Bid No. 4159 to Rinker Materials, Ltd. for the 25 manufacture and delivery of reinforced precast concrete box culverts for the Duncan Street 26 Drainage project, in an amount not to exceed $100,208.88. 27 28 Board Member Phil Gallivan moved to approve Item 6 with a second from Board Member 29 Bill Cheek. The motion was approved by a 5-0 vote. 30 31 The meeting was adjourned by consensus at 9:50 a.m. 32 AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: Transportation Operations ACM: Howard Martin, 349-8230 SUBJECT Consider adoption of an ordinance approving an assignment of leasehold interest in a commercial operator airport lease agreement at Denton Municipal Airport from Charles N. Davis, III, to Nebrig Properties, L.P. located at 4650 John Carrell Drive at the Denton Municipal Airport and providing lessee to conduct flight training and fueling operations on the leasehold; and providing an effective date. (Airport Advisory Board recommends approval 6-0). BACKGROUND Mr. Charles N. Davis, III has requested the City of Denton authorize the assignment of his commercial operator airport lease agreement located 4650 John Carrell Road on the Denton Airport to Mr. Mike Nebrig, Nebrig Properties, L.P., an existing Denton Airport tenant having primary offices located at 4801 John Carrell Road on the Denton Airport. The assignment is being requested as a condition to Article XI of the existing lease, attached as Exhibit 3. Mr. Nebrig requested that the lease agreement state that Flight Training be listed under Section V, Rights and Obligations of Lessee, Paragraph A -Use of Lease Premises. The lease currently allows for "aviation related activities" which includes flight training operations, however, the proposed lessee is requesting the right to conduct flight operations be specifically stated in the lease agreement. Furthermore, Mr. Nebrig is requesting that the right and obligation of fueling afforded to the Nebrig Properties, L.P. primary lease premises generally located at 4801 John Carrell also be permitted on the leased premises located at 4650 John Carrell Road (Assigned Leasehold). As a condition to the assignment, Mr. Nebrig has agreed to the standard assignment language requiring a $500 transfer fee and has agreed to pay any administrative costs associated with processing the proposed assignment. ESTIMATED SCHEDULE OF PROJECT If the ordinance is approved by Council, it would be made effective of immediately and continue through the term of the lease, last day of April 2036. PRIOR ACTION/REVIEW Airport Advisory Board recommends approval 6-0. The City Attorney has reviewed/approved the lease assignment and amendment and staff recommends approval of the ordinance. 1 FISCAL INFORMATION A $500 transfer fee will be required and an additional administrative fee for reasonable attorney's fees and staff time may also be required. EXHIBITS 1. Draft Ordinance and Amendment 2. Davis-Nebrig Assignment 3. Davis Lease Agreement, Ord 2006-020 4. Draft Minutes, October 8, 2008 Airport Board Respectfully submitted: Mark Nelson Transportation Director 2 s:lour docurr~elordinaulces1081nebr~g assignmen~.doc ~RDfN.ANE N~. AN ORDINANCE APPRDVIN AN A INMENT A LEAEH~LD INTE~ET ~N A DM~V[ERCIAL ~PERATO~ AIR-~~RT LEASE AI~EEENT AT ~]ENT~N L~NICIP~L AIRP~T F~ CHARLIE N. DAIS, ~~I TD NEBRI~r PR~PEI~TIE, L.P. L~ATED AT 4G50 ~~HN CARRELL DRIVE AT THE DENTIN MUNICIPAL A~RPOR.T AND PRQVID~NC LESSEE T~ INDUCT FL~HT TRAINING AND ~'UEL~NC ON THE LEAEH~LD~ AND P~~DINx AN E~'k'ECT~VE DATE. wHEREA, Charlie N~ Dav~i~, Y~I has requested that his Airport Lease Agreement Com.ercial ~peratar at 450 John CarreiX Drive dated Aprii 4, 20~ 1 and amended on January ~ 7, 200 be assigned to Nebrig ~raper~ies, L~P., and wHEREA, the Airport Board has approved the Aigntnent and Lease Amendment; and WHEREAS, the arty ouncii deems 1t in the public interest to approve this Assignment and the amendment to extend the Lease; N~, THEREFORE, THE COUNCIL ~F' THE CITY ~F DENTDN ~IEREBY DRAINS; SECTION 1. The City Manager, or his designee is hereby authorized to execute an Assi ent of a leasehold lnterest in an Airport Lease Agreement omn~ercia~ operator at the ~ . Denton unici al Airport from Charlie N. Davis, II to Nebr~g Properties, L.P. ~n substatit~ally the form of the Assignment attached to and made a part of this Ordinance far .l purposes, to evidence the City's consent to the Assignment, SECTION 2. The City Manager, or his designee, is hereby authorised to execute an An~end~ment to the Commercial Qperator Airport Lease with Charlie 1~. Davis, Inc. that permits the lessee to conduct fight training operations and conduct fueling on the leasehold, in subst~.ntiall the farm of the Amenchnent attached to and made a part of this Ordinance- far all purposes. SECT~N 3. This ordinance shah become effective inn-ediate~y upon its passage and approval. PASSED AND APPI~~VED this the day of _ _ 2005. MARS A. B'l~RROIJCxHS, MAYOR. i A ! TEST. JE~~~'ER ALTER, CITY' ERETAR~Y B~: APPI~VED A T~ ~,E~xAL ,NITA~ BURCE~, QTY ATT~RN~EY f - Page ~ of 4.11 1 s:laur d~curr~et~slcontra~tsl~Slne~ri~ ~davis 2nd amendm~nt.doc SECOND A.~N~I~NT T~ A~~1~PO~T LEASE AREEMEI~T [~Ml1~IER~AL ~~ERAT~ THE STATE TExAS ~ § ~Ow ALL l1~EN B~ THESE PRESENTS ~O~T~ OF I~ENTON § This second Amendment to that certain Airport Lease ,Agreement on~mercial Operator which was made and executed on April 17, 2aa 1 at Denton, Texas, by and between the pity of Benton, Texas, a rnunictpal corporation, hereinafter referred to as "Lessor," and ll~r, John ~rowr~ President, Trxangie Aviation, Inc, having principal offices t ~ 15a5 Airway Boulevard, RaanolCe, Texas 7~G~, hereinafter referred to as "Lessee" which was assigned to 1VIr, Charles Davis, III on January 17, ~a0~ and which lease is simultaneously with this Amendrraent being assigned to Nebrig Properties, L.P. "Assignee"~ wITNES SETH: wHERE.AS, the Assignee and the Lessee has requested that right of Flight Traia~ing and ,Aviation Fueiin ~ eratlons be authar~zed as part of the Lease and the City tanager and the Airport Advisory Board support the expanded rights ofthe Lease; NOw, THEREFORE, in consideration of the promises and the mutual. covenants contained in this Agreement, the parties agree as fal~ows: SECTION 1. Section hts and Obligations of Lessee" is hereby amended to g provide for the followi~a: ~ Fli ht Trainin - tv perform aircraft andlor helicopter flight training, rovided such trainrng meets all appropriate FAA regulations. 7 Fuelin - so long as the prerra~ses described within this lease, Section I~ "Lease Preruises" remains In the ownership of Nebrig Property, L.P., this leasehold shall enjoy the fueling rights outlined in the Nebri Property, L.P. lease dated October 1 ~9~ established by Ordinance 9-~ 7~ aid amended by Ordia~ance OOO'29~ dated September aaa. E~TZON Save and except as amended hereby, all the remaining clauses, sentences, ara ra hs, sections and subsections of the Lease shall remain in full force and effect. p g P IN w~T~ES w~EREOF, the parties have executed this Agreement as of the day and year above first written. VEV1~V11 ~~~~~~L ~xTY N~A►~A~ ATTEST. J~~iN~~~R A.~TERS, CITY E~ETAY BY: A.~P~4~~ A. TO ~EA~ ANIT~ BL~~C~E ITS ATT~R~Y F B~~ r ~a„1iJJJ. ~lt i , 1'1 ~~j 1~'~,+Cll y ~V ~1 `I U ~~3.i~T~~~ ~ i TTE T~~A ~L~NTY D~NT~N This instrument v~ acknowle~~ before me on the ~ d~ of 20~, b~ Mike ebri. SE.~L~ Notary Public, Mate of Tea i ~ i My omm~s~on ~xplres for ~ot~ ta~r~.p} STATE TES C~U~TY ~F DE~T~1~ This in~trume~t way aekno~eded before one on the ~ dad of _ ~0 , b eor e a~npbe~l, its Manger beh~~f the C~ of Benton, Texas, a ~nunicipa~ eor~oration. i [~AL] Notary Public, Mate of Texas M~ ~o~n~niss~on ExpYres for rotary tarnp} Page 3 of 3 i LEASE ASSIGNMENT OF COMMERCIAL OPERATORS LEASE AT DENTON MUNICIPAL AIRPORT DATE: September 1, 2008 ASSIGNOR: Charles N, Davis, III ASSIGNEE: Nebrig .Property, LP LEASE: Date: April 17, 2001 Landlord: City of Denton, Teas Tenant: Charles N. Davis, III Premises: The property located at 4650 John Carrel Road, Denton, Texas 75207 and more fally described in the Attachment A and B Which . is made part of this Assignment for all purposes. Assignor assigns to Assignee Tenant's interest in the lease.- .A. Assignee Agrees To: 1. Assume Tenant's Obligations under the Lease. 2. Accept the premises in their present "as is"condition. 3. Complete all obligations of purchase from Assignor prior to this Assignment becoming effective. Landlord consents to this assignment, Landlord agrees to notify Assignor within 30 days of any Assignee default. B. Assignor agrees as a condition ~f Landlord's consent to this Assignment that: 1, Assignor Will remain liable on the Lease should Assignee default on the Lease. 2. Assignor wi11 pay or will have the Assignee pay the Landlord a $500 transfer fee. 3. Assignor will pay or will hate the Assignee pay all the Landlord's. a~strative costs of handling and processing this assignment, including, without limitation, all Landlord's reasonable attorneys' fees and. Landlord's staff time associated with this assignment. PREVIOUS ASSIGNMENTS: Triangle Aviation, Inc. to Charles Davis, IIT, dated January 17, 2Ua6. . CSignature Page P'ollos~ DAL:716197.1 t CHARLES N. DAV S, I, Assignor NEBRIG PROPERTY, LP, Assignee By: Name: ~ ~ Title: CITY OF DEN~'4N, Landlord By~ Name: Title: Attest: City Secretary By• Approved as to Legal Form: .City Attorney By• 2 DAL:716197.1 Ax'TA~,'EII~ENT rt~rr t A5t'xA~T t 7~►xtwa Y t t 34' TAXIWAY QRAtNJIC,~, ~1;J ( UY~,1Tv ~ASEI~ENT I 1 1 _ E _ ~ ~ fz"tRF $ 88"~41'OB" ~ 00.00' 1RS CAP S 68'36' fl ~ 913.34' f.~ _ ~ _ I i { .O.B t J ~ rn~ I I I w ~ • c~ o t o co ~ ~ ~ x.41 ACRD ~ I to : ~ I i ~ ~ ~ N a ~ l ~ r >aOS~' WESYERl,Y SOU'~i~ST I CpRh~ dF t_OT' 1, 8(.4CK t ~ I l ~ ETe bR I ~ _i SIR N BS'3T34'W ~ 0~.0~' s/~AF~ ' ' . - - JOF~1 CARREL 2.5~ Asphalt t7ovd Z G NO . Kc • K+~x. o~au++o ec~ . w~c~ t~tc+~t Hsu air • ear aao ro~ro ro► • rt toga cost t.~ • t~tMn t*s e.l. ~ a1KQ~K'r 1?~, V.G ~ IltRtfl CI~iMl1lJ ~.IA~. + PUIUC ~Y CABS of - a~ut t,~3t~xr ~c ~ ~~,r,~na~ ~stWt ~ • ~atrkoNt Eck it - tu[MhC ~SE~ Mews - [ltC'tUAC ~1++~#'0~ yr - o0~p R ax - ro+t d' cur P,p,t. ~ roMt 0► IIOM~ ►.D. - ►~pt~► 0~ Cp~tiIIM~ O - q~~..11~'~D {f1IlIt1' •-t+tr-- • CSC ri ~ • OttCT7GC tM t... t~hIQ~4 tai ~J.1ti.L~1,`.t ~i~ll FfEtD NO'i'ES to alt that certain tract ar parcel o(tand tying and bang srtuated ir<the VVtttiam Nei Survey. Abstract Numt~er 970 in the t~ly of Denton, Destilon County, ~'axas and being a part of La1 1, Block 1 of the SauTheasl Airport Addition, an addition irr the Ci#y of Menton, Oenton County, Texas, accardng to the piat thereat re~carded in Dabinet Page X95 n~ ti~a Plat Reoards of aenfan t;auniy. Texas, and being more partia►tarly destyibed as follows; . COMMENCING at the most Vllesterly Southwest Cort~t of saki Lot 1, Block THENCE North 08 Degrees 36 Minutes 21 Secor+d5 East with West Gne of said Lot 1, ~ distance of 93fi,ZZ reef; rNENCE South 138 Degrees l~linvtes 10 Seconds Eas{, a distance of 9i3,3d feet to a ~/2 Inch !ton Rod Found at the Northwest comet of the herein descrit~ed tract in the South Gne of a i 30 foot Taxiway, drainage, ar~d ttiity easement: ~"~E.~CE South 88 Degrees A 1 Minutes 08 Seconds East with the North line of the subject trod and the SaUth Gne of said ~3D (cyol easement, a dis#ar~ce of ~OO.OD feet tQ a 1fZ lrtiCh Capped trop ,r Rod Set far khe Northeast corner of the herein described troll; THENCESouth 01 Degrees 2Z i~Enu~es Seconds West wf~th the East kne of the subject Uad, a distance of 180.00 feet to 1f~ Inch upped Iran Rad Set for t~ Sartheastco~nerof She herein described tract; . THENCE Nodh 88 Degrees 37 Minutes 343 Seconds Vest with the South line of the sul~ect tract, a distance o11fl0.0a feet !o a i~ lnch lt8n Rud Found fOr the Sacrthwes! corner of the herein described tract; TNEI~ICE llQrtt~ 01 Degrees ~2 tvti Hulas 17 Seconds E~►st with the West Gne of the subject tract, a dist~i~Ce of 179.90 feet 1o the Point-ol:8eginning, and aontair~ng in a~ 0.41 oiran aae of iarxl, more or less. Yhese field na}es with the accompanying sketch wire prepared from an on~lhe-~raurtd survey made under mY direc{ion and supervisia~ on p3-1~-Oi. ~t~0 STAT~~IENT; t have examined the F.E.iVt.A. Fto«i Insurance ~Zate Map ioc the pity oS . ~ i?ortder, 02nton County, Yexas, Camrnunity Panci No. ~8019~, effective date ~-30-98 and that . map indicates that this property is in done X which is defined as'Areas determinoti to be outside of the SQa year T3cx~i" as st►o~n on Fanet Q355 E of said maQ. ~ ~ N ate ~ 's• ~ • J.~. THD~+IPSO~ R..L.S. X857 Date ~ • r 'i S •1 ' ~ r~j~ • ►s S t' . ~ • • • . ~ ~ S:IOur Documen~sl0rdinances10d1Assignment of pad site Triange-Davis.doc ORDINANCE N0. AN ORDINANCE APPROVING AN ASSIGNMENT OF A LEASEHOLD INTEREST IN A CONhVIERCIAL OPERATOR AIRPORT LEASE AGREEMENT AT DENTON N[UNICIPAL AIRPORT FROM TRIANGLE AVIATION, INC. TO CUES N. DAVIS, III, LOCATED AT 4650 TORN CARRELL ROAD AT THE DENTON NCCJ~TICIPAL AIRPORT AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT EXTENDING THE TERM OF THE LEASE; AND PROVIDING AN EFFECTNE DATE. WHEREAS, Triangle Aviation, Inc. has requested that its Airport Lease Agreement Commercial Operator at 4650 John Carrell Road dated April 4, 2001 be assigned to Charles N. Davis III; and WHEREAS, Mr. Davis has requested that the Lease be amended to extend the term for five years and the City Manager recommends an increase in the rental for this period; and U~►~I-IEREAS, the Airport Board has approved the Assignment and Lease Amendment; and ~4rHEREAS, the City Council deems it in the public interest to approve this Assignment and the amendment to extend the Lease; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee is hereby authorized to execute an Assignment of a leasehold interest in an Airport Lease Agreement Commercial Operator at the Denton Municipal Airport from Triangle Aviation Inc. to Charles N. Davis III, in substantially the form of the Assignment attached to and made a part of this Ordinance for all purposes, to evidence the City's consent to the Assignment. SECTION 2. The City Manager, or his designee, is hereby authorized to execute an Amendment to the Commercial Operator Airport Lease With Triangle Aviation, Inc. that extends the terra of the Lease for five years and increases the rental, in substantially the form of the Amendment attached to and made a part of this Ordinance for all purposes. SECTION 3. This Ordinance shall become effective immediatel u on its assa e and Y p p g approval. PASSED AND APPROVED this the day of , 2006, i EULINE BROCK, MAYOR ' ` ~ ~ ` S:IOur Documentsl0rdinances1061Assignment of pad site Triange-Davis.doc ATTEST: TEI~fNIFER ~A.LTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ED~17N M. SNYDER, CITY ATTORNEY BY: Page 2 of 2 v S:laur DocumentslContra~tslOGlTriangte Aviation-Davis Assignment.dac LEASE ASSIGNIN~NT ~P C~N~RCIAL OPERATORS LEASE AT DENTOIV NJ[jJNICIPAL AIRPaRT DATE: January 1 2006 A5 S1GN~R: Triangle Aviation, Inc. . ~ ASSIGNEE: Charles N. Davis, III LEASE: Bate: Apri117, 2001 Landlord: City of Denton, Texas . Tenant: Triangle Aviation, Inc. Premises: The property located at 4450 John Carrel Road, I}enton, Texas 7207 and more filly described in the Attachment A and B which is made a part of this Assignment for all purposes. Assignor assigns to Assignee Tenant's interest in the lease, A. Assignee Agrees To: 1. Assume Tenant's Obligations under the Lease. 2. Accept the premises in their present "as is"condition. 3. Complete all obligations of purchase from Assignor prior to this Assignment becoming effective. Landlord consents to this assignment. Landlord agrees to notify Assignor within . 30 days of any Assignee default. Assignor agrees as a condition of Landlord's consent to this Assignment that: . 1. Assignor will remain liable on the Lease should Assignee default on the Lease. 2. Assignor will pay or will have the Assignee pay the Landlord a $500 transfer fee. 3. Assi or will ay or will have the Assignee pay all the Landlord's ~ P administrative costs of handling and processing this assignment, including without limitation, all Landlord's reasonable attorneys fees and Landlord's stuff time associated with this assignment PREVIOUS ASSIGNMENTS: None Far Trian Aviation, Inc. John Frown, President, Assignor F S,lOur DocumentslC~ntractslOblTraingle Aviation-Davis Assignment.doc For Chars s N. Davis, III, Assignee r Charles N. Davis, III City of Denton, Landlord toward Martin, Interim sty Manager Attest: Je~lni.fer wafters, City Secretary } ; ~ Y ~ Approved as to Legal Farm: Edwin M, Snyder, City Attorney By~ STATE OF TEXAS COUNTY OF DENTON r~ This instrument was acknowledged before me on the ~ day o 4 20 0~, b John Brown, President of Triangle Aviation, Inc,, a State of exas c+~rporatia n y behalf of said carporatian, ai~,,~rp,~ JOAN M. DAVi~ l' ~ ; + MY COMMISSION E}(PIRES ~No public State of Texas SEAL May 16, 2005 Commrss~an Expires far Notary Stamp Rage 2 of 3 i S:~dur DacumentslContr~cactsl~6~Traingle Aviation-Davis Assignmont.dac STATE OF TEAS COUNTY OF DENTON - This ~strument was acknaw~e~.ged before me an the day of ~ 2Q_ap , by Charles N. Davis, III. - r 11 - eN01°~4 - JOAN M. DAViS ~ i ~ ~ f SEAL MY coMMISS10~1 a(PIR~S Not public, State of Texas - ~ Ma 16 2046 . ",,oN~,,~ Y ~ aI~llSS10n Expire ~ r ~ {or Notary Stamp STATE OF TEAS COUNTY OF DENTON This znsirument was acknowledged before me on the ~ ~ `day of ZQ , by Howard Martin, Interim City Monager on behalf the City of enton, Texa , a municipal corporation. SEAL ~`p,~~,~YPt1A~/~,rr JANE ~~~HARDSON N t Public, State of Texas ~ Notary P~bC~~, State of Texas . ~N,;►, • ;~y,; My Commfs5~on Expires M Conll~l.1S51~~1 Ex. lreS ~~hy~'F ti~~`' June 21, 2009 y p ' - - _ {or Notary Stamp) Page 3 of 3 i r ~ ATTA~I~iENfi T'A`B ~n I 30' aSAHA~,i" ~AXIWA Y f 130' f+41~IWAY, DRAtNA~E. pN~~ UY~I.IT'i ~AS~~I~EMT f $ 88'36' ~D E 913.34' I~sr~~ ~ - ~ _ ~ .Q.H 1 I 1~ ~ ~ f . c, C 1'- ~ o ~ 1° ~ ° r ~ 4.41 ACRE ~ ~ f . t~ ~ E ~v ~ ~ r r • ~ ~ r~y~~~' 4 ~ I ~ ~ ~ ~ I MOST wEST~R X 501t'~HWEST co~w~R of ~~r ~ . B~apc ~ i i; 1 ~ ~1~~R ~ ~ ~ e~ Ej0 ~OHht CAR~E~, 22.5 As~hali Ro~~ GENp r . rr.wta noa NG ~ M►1UkAL CNOI~fi - Iu~K~ at ~ ~K~ IM~~=C M~Orf NOi4 IQV! ~a' ~ ~ t AKA ~ t w~CN L ~ ~~1yMr~~,( ■ ~~I~M44MGM7 ~~u[. ~ PU9tJC p'egTT [A3~YCRi ~.L ~ OA~MIA~ 6a3D+~11i R9n~ • COYMJM~CAt10p E ~ ~ ~rws • "q°` ~Rr . ~ 1A,wStpR~Ett • ua+r aa~ .aw, - qtr cr xr►r P a , ra►rt or KcMn~c --c~zv~.... cwt r ~a ~_,.c... Inc csu 38 ~ 90 -t-- ~ ~tICPNd[ i~ r i i i 4 ~ ~ i ATTACHMENT "B" F1EL(~ NDTES to all that certain tract or parceE a((and tying and beirEg stluated in ~e t,Ntt(iam Neil Survey, Abstract Number g70 in the City of Denton, Denton County, Texas and bejn~ a Pad Qt Lot Brock 1 of the S4utt~east Airpntt Addition, an addition in the City of Cenlan, Oenton County, Texas, accordng to the plat tlzereot recorded ire Cabinet G, Page ~~5 jai thQ Plat Records of Deniort County, Texas, and befog mare particulary described as tallaws: _ COMMENCING at the most ~Ilesteriy Southwest Corner ofsaid t.ot 1, 81odc THENCE North 0$ Degrees 3~ Mingles ~1 Seconds Ea~stwith ti}e 1~Iest line pisald Lot a distance vl 938.2 feet; THENCE South 88 Degrees 36 Minutes 10 Seconds hest, a distance of 913,~d fee! to a 11'~ Inch - Iron Rod Found at the No►thwest corner or the f~erein described tract in the South line of a 13U roof taxiway, drainage, and utility easement; . ~ - WHENCE South B6 i~egrees 41 Minutes 08 Seconds Last wrth the North true of the sut~d tract arrd the South one Qt said t3Q foot sasQmertt, a distance of ~~.OQ (eet to a 1f~ inch Capped Iron ~ Rod Se! for the Northeast comer of the herein described tract; E , T>-tENCE South Ot Degrees ~ Minutes 17 Seconds West with the Last tine of the subject tract, a distance of i ~~,00 feet l01f~ inch Capped Iron Rod Set far the Southeast comer of the herein described tract; . . TH~NC~ forth 88 Degrees 3? (~inutes 343 Seconds West with the South rrte at the subject tract. a distance o~ 140.t3~ feet to a 11Z Inch Iran ~tod Found for the Southwest tamer of the herein described tract; THENCE North Q1 Degrees 22 t+Jtirt~rtes 17 Seconds East with the West rte at'the subject tract, a distance of 1~9.9q feet to the Point-of•Bef}inning, and containing in air a,4t rtap acre Orland, more ar less. These field Hates with the accompanying sScetch wire prepared scam an on-the-grotmd survey made under my direction and supervision on 03.19-0f . ` FLUCD STATEMENT: t have examined the P.E.f1rt.A. Flood lnsur$nce Rate Map far the City of Ponder, Denton County, texas, Community Panel No. 48Qi94, e#fect,`ve date 3.30~~8 aril chat map indicates that this property is irc Zone X which isdefined as'Areas deterrnirted to be auls'rde of the 50a yeac ti4od" as sharer} on f~nei X355 E flf said rr~ap, 4 V rr M+~~W~ ar ~,y ytiK ~i J.E. THOMPS~~1 R..l.,S, d8~7 Dare - ~r~~ ~ K r ! ~ r ~ ~ . .~l ~ - , 1'• ' ~ ~ • ~ r ;r• ~ J ~ f t S:IOur DocumerEtslContracts1061Triangle First A.me~dment.doc FIRST AMEND1ViENT TO ~ AIRPORT LEASE AGREEI~IENT Cf11Vl~~IER+CIAL 4PERATC~R THE STATE OF TEXAS § § I~Ow ALL MEN BY THESE PRESS COUNTY OF DENTIN § This First Amendment to that certain Airport Lease Agreement Commercial Operator which was made and executed an April 17, 20D 1 at Denton, Texas, by and between the City of Denton, Texas, a municipal corporation, hereinafter referred to as "Lessor," and IVir. John Brawn, President, Triangle Aviation, Inc. having principal offices at 11505 Airway Boulevard, Roanoke, Texas ~626Z, hereinafter referred. to as "Lessee" which lease is simultaneously with this Amendment being assigned to Charles N. Davis, III "Assignee''. V~IZTNES SETH: wTIEREAS, the Assignee and the Lessee has requested an extension of the Lease for five years and the City Manager and the Airport Advisory Board support the extension of the Lease; NOw, THEREFORE, in consideration of the promises and the mutual covenants contained in this Agreement, the parties agree as follows: SECTION 1 ~ Section III. "Term" is hereby amended to read as follows: III. Term. The term of this Agreerent shall be extended for a period of five ~5) years, commencing on the i 5t day of May 20~ 1, and continuing through the last day of April 203 G, in addition tai the initial term of thirty ~3 d) years from ll~ay 1, 2401 through the last day of April, 203 I, unless earlier terminated under the provisions of the Agreement. Any attempt by Lessee to renegotiate this Lease shall be in writing addressed to the City Manager or his designee at least one hundred eighty (180} days before the expira.~.on of the stated term of this Lease, and at least 1$0 days before the expiration of any additional renegotiated period. Lessee has the option. to renew far two (2) additional ten X10} year terms. The rental and terms to be negotiated shall be zeasonable and consistent with the then value, rentals and tern~.s of similar property an the airport. SECTION 2. Section Iv. "payments, Rentals and Fees" is hereby amended by adding the following paragraph which sha11 read as follows: A. Beginning May 1, 2031 through the end of the term of the Lease, the rental will be increased by $0.05 per square foot aver the then adjusted yearly rental as determined by Section N.C, hereof. Lessee has the option to pay annual rentals and fees in whale on or i S:10ur DocumentslContract5~06~Triangle First Amendmen~doc before the 15t day of October, at the begirming of the City's fiscal year, each and every year of this lease. SEOTZON Z. Save and except as amended hereby, ail the remaining clauses, sentences, paragraphs, sections anal subsections of the Lease shall remain ~in full force and effect, but the notarization should be for Charles N. Davis, III as opposed to Triangle Aviation. IN ~WT~'NESS WI-IEREOF, the parties have executed this Agreement as of the day and year above first written. BY LESSOR: A -~u~ HOARD MARTIN INTERIM CI'T`Y MANAGER ATTEST: JENNIFER. WALTERS, CrTY SECRETARY A, t ~1 Z Y p p, xxx BY: 777 7 t r^ ~ _ ` r APPROVED AS TQ LEGAL FORM; EDWIN M. SNYDER, CITY' ATTORNEY BY: BY LESS E: i~ ~ f i ~ J E CHA]~I,ES N. DA S, III. i i Page ~ of 3 ~:1Qur DocumentslContracts10b1Trianglc First Amendmentdoc ~I STATE ~F TEXAS C aUNT~' aF DENTIN Th1s instrument was acknowled ed before ~.e an the day of , 20 ~ , by Charles N. Davis, III. t JOAN M, DAViS ~ ~ . ~SEA.IJ~ MY COMMISSION EXPIRES of Public, State Qf Texas ~ti;?~~' May 16, 20Q6 r y Comnussion Expire - - ~ ~O b (or Notary Stamp} STATE ~F TEXAS C AUNTY CAF DE~TTON This instrument was acknowled ed before me on the f ~ ~ da of ~ Y Z~ by Howard Martin, Interim City Manager an behalf the City of enton, Texas, a mnni.czpal corporation. SE JANE E ~ICHARDSON N t Publi t ~ Ail P~~;~ ~ ~ ary c, Sta e of Teas Notary Public, State of Texas ; y My Commission Expires My CommiSSi4~ Expires June 21, 200' for Notary Stamp) Page 3 of 3 i S:10w Docnmentsl0rdinances1011Triangle Aviation Ordinan~ 3rown).doc oRDINANCE No. ~ - ~ - AN ORDINANCE APPROVING A COMMERCIAL OPERATOR AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND TRIANGLE AVIATION, INC.; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager or his- designee is hereby authorized to execute a airport lease agreement for .commercial operator between the City of Denton and John Brown, in substantially the form of the Airport Lease Agreement which is attached to and made a part of ....this ordinance for all purposes. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. 4 A.PPR VED this the ~ ~ da of 2001. PASSED AND 0 y ~ , EULINE BROCK, MAYOR ATTEST: JEI~MFER WALTERS, CITY SECRETARY 3 R i BY: ,f APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ~,a BY: AIRPORT LEASE AGREEMENT COMMERCIAL OPERATOR THE STATE OF TEXAS ~ ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ~ This lease is made and executed this ~ day of 2001, at Denton, Texas, by and between the City of Denton, Texas, a municipal corporation, hereinafter ref erred to as "Lessor" , and Mr. John Brown, President, Triangle Aviation, Inc. having principal offices at 11505 Airway Boulevard, Roanoke, Texas 76262, hereinafter referred to as "Lessee". WITNESSETH: WHEREAS, Lessor now owns, controls and operates the Municipal Airport Airport} in the City of Denton, County of Denton, State o f Texas ; and WHEREAS, Lessee desires to lease certain premises on said airport and construct and maintain an aircraf t hangar and related aviation facilities thereon; and NOW, THEREFORE, for and in consideration of the promises and the mutual covenants contained in this Agreement, the parties agree as follows: I. CONDITIONS OF AGREEMENT NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING. A. PRINCIPLES OF OPERATIONS. The right to conduct aero- nautical and related activities for furnishing services to the public is granted to Lessee subject to Lessee agreeing: 1. To furnish said services on a fair, equal and not unjustly discriminatory basis to all users thereof; and 2. To charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. B. NON-DISCRIMINATION: Lessee, for himself, his personal representatives, successors and interests, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: l..No person on the grounds of race, religion, color, sex, or national origin. shall be excluded from participation in, denied the benefits of , or be otherwise subjected to discrimination in the use of said facilities; 2. In ..the- construction of .any improvements on, over, or under. such ..Land and the .furnishings of services thereon, no person on the grounds of race, religion, color, sex, or national .origin shall be excluded -from participation in, denied the benefits of , or otherwise be subjected to discrimination; 3. Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 2l, Nondiscrimination in Federally assisted programs of the Department of Transportation - Effectual of Title VI of the Civil Rights Act of 1.964, as said Regulations may be amended. C. RIGHT OF INDIVIDUALS TO MAINTAIN AIRCRAFT. It is clearly ...understood by Lessee .that no right or privilege has been granted which would operate to prevent any person, firm or corporation . operating aircraf t on the airport from performing any services on its own aircraft with its own regular employees including, but not limited to, maintenance and repair} that it may choose to perform. D. NON-EXCLUSIVE RIGHT. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Title 49 U.S.C. Appendix X1349. E. PUBLIC AREAS. 1. Lessor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or views of Lessee, and without interference or hindrance. 2. Lessor shall be obligated to maintain and keep in good repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of Lessee in this regard. 3. During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or BRAWN LEASE AGREEMENT.DOC - Page 2 t naval use, and, if such lease is executed, the provisions of this instrument insofar as they are ..inconsistent with the provisions of the lease to the ..Government, shall be suspended. 4. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of .the airport against obstruction, together with the right to prevent Lessee. from erecting, or permitting to be~ erected, any building or other structure on or adjacent to the airport which, in the opinion of Lessor, would limit the usefulness or safety of the airport or constitute a hazard to aircraft or to aircraft navigation. 5. This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof, relative to the operation or maintenance of the airport. II. LEASED PREMISES Lessor, for and in consideration of the covenants and agree- menus herein contained, to be kept by Lessee, does hereby demise and :.lease unto. Lessee, and Lessee does hereby hire and take from ..Lessor, the following described land situated in Denton County, Texas: A. Land. A tract of land, being approximately 18,000 square feet, or 0.413 acres, drawn and outlined on Attachment "A", and legally described in Attachment "B," such attachments being incorporated herein by reference. Together with the right of ingress and egress to said proper- ty; and the right in common with others so authorized of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton and such rights shall extend to Lessee's employees, passengers, patrons and invitees. For purposes of this agreement, the term "Premises" shall mean all property located within the metes and bounds described and identified within Attachment "B", including leasehold improvements constructed by the Lessee, but not including certain easements or property owned and/or controlled by the Lessor. B, IMPROVEMENTS PROVIDED BY LESSOR: NONE: There will be no improvements provided by Lessor, except as set forth in Article II.E. "Access to Utilities" below. For the purpose of this Agreement, the term "Lessor improve- ments" shall mean those things on or adjacent to the Premises belonging to, constructed by, or to be constructed by the Lessor, which enhance or increase, the value or quality of the leased land BROWN LEASE AGREEMENT.DOC - Page 3 4 t M.,..T - or property. Unless otherwise noted herein, all Lessor improvements are and will remain the property of Lessor. All Lessor improvements must be described in detail above, or above referenced and attached to this Agreement in an exhibit approved by Lessor. C. IMPROVEMENTS PROVIDED BY LESSEE. On described lot, Lessee shall construct a hangar facility not less than 5,000 square feet with taxiway access and appropriate culverts or drainage as required by City ordinances in the utility right of way south and north of the proposed hangar as well as other improvements as determined necessary by City ordinances. Said improvements shall be completed not less than 365 days from the date of this agreement. Within two years of the date of this agreement, Lessee shall construct an office and shop not less than 1,000 square feet. Said improvements will be made to the south side of the then existing structure to compliment the proposed commercial activities of the lease improvement. D. EA~SEMFNTS. Lessor and Lessee by mutual agreement may establish, on the leased premises, easements for public access on roads and taxiways. E. ACCESS TO UTILITIES. Lessor represents that there are water and 3-phase electricity lines within three hundred feet (300'} of the leased premises available to "tap-in" by Lessee, and that the same are sufficient for usual and customary service on the leased premises. Lessee will be required to connect to the sewer line located approximately fifty (60} feet south of said lot. III. TERM The term of this Agreement shall be for a period of thirty (30) years, commencing on the 1st day of May, 2001, and continuing through the last day of April, 2031, unless earlier terminated under the provisions of the Agreement. Any attempt by Lessee to renegotiate this Lease shall be in writing addressed to the City Manager or his designee at least one hundred eighty (180) days before the expiration of the stated term of this lease, and at least 180 days before the expiration of any additional renegotiated period. Lessee has the option to renew for two (2} additional ten (10} year terms. The rental and terms to be negotiated shall be reasonable and consistent with the then value, rentals and terms of similar property on the airport. I V . PAYMENTS , RENTALS AND FEE S Lessee covenants and agrees to pay Lessor, as consideration for this lease, the following payments, rentals and fees: A. LAND RENTAL shall be due and payable in the sum of $0.15 BROWN LEASE AGREEMENT.DOC - Page 4 per square foot or Two Thousand Seven Hundred Dollars ($2,700.00) per year, payable in twelve (12) equal monthly installments in the sum of Two Hundred Twenty Five Dollars ($225.00.) in advance, on or before the.lst.day of each and every month during the term of this agreement. Lessee has the_ option to pay. annual rentals and fees in whole an or before the lst day of October, at the beginning of the .City's fiscal ..year, each. and every year of this lease . .Notwithstanding....the..foregoing, the annual lease rental to be :reduced by the current lease rate per square foot, as adjusted by ,..the .CFI --U referenced in ..Section IV. D . , times the number of square feet comprising all easements established in accordance with Article II (C) . B. LESSOR IMPROVEMENTS RENTALS. NONE: There are no Lessor improvements on the leased premises. C. PAYMENT, PENALTY, ADJUSTMENTS. All payments due Lessor from Lessee shall be made to Lessor at the offices of the Finance Department of the City of Denton, Accounts .Receivable, 601 East Hickory, Denton, Texas, unless otherwise designated in writing by the. Lessor. If payments are not received on or before the 15th, a five (5) percent penalty will be due as of the 16th. If payments are not received by the 1st of the subsequent month, an additional .penalty of one (1) percent of the unpaid rental/fee amount will be .due. A one (1) percent charge will be added on the 1st of each ...subsequent month until the unpaid rental/fee payment is made. Failure to pay the rent or penalty amounts on delinquent rent shall constitute an event of default of this lease. The yearly rental for land and improvements herein leased shall be readjusted at the end of each one (1 } year period during the term of this lease on the basis of the proportion that the then current United States Consumer Price Index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics bears to the applicable index at the execution of this lease. The original land rental amount is based upon the formulae set forth in Section IV.A. for the land herein leased. Each rental adjustment, if any, shall occur on the 1st day of April, beginning 2002, anal every other year thereafter on such date. The adjustments in the yearly rent shall be determined by multiplying the minimum yearly rent as set forth in Section IV.A. by a fraction, the numerator of which is the index number for the last month prior to the adjustment, and the denominator of which is the index number applicable at the execution of this lease. If the product of this multiplication is greater than the minimum yearly rent as set forth in Section IV.A., Lessee shall pay this greater amount as the yearly rent until the time of the next rental adjustment as called for in this section. If the product of this multiplication is less than the minimum yearly rent of as BROWN LEASE AGREEMENT.DOC - Page 5 set forth in Section IV.A., there shall be no adjustment in the annual rent at that time, .and .Lessee shall pay the previous year's. annual. rent until the time of the next rental adjustment as called .for in this .section. In no event shall any rental adjustment called for in this section result in an annual rent . .less than the previous year's annual rent. The adjustment shall . be limited so that the annual. rental.. payment determined for any given year shall not. exceed the .annual rental payment calculated :.for the previous year by more than twenty (20} percent. I f the ..consumer ,price . index for .all urban consumers (CPI -U} far the Dallas-Fort Worth geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics, is discontinued during the term of this lease, the remaining rental adjustments called for in this section shall be made using the formula set forth in Subsection (a} above, but substituting the index numbers for the Consumer Price Index-Seasonally Adjusted U.S. City Average For All Items For All Urban Consumers (CPI-U} for the index numbers for the CPI-U applicable to the Dallas-Fort .Worth geographical. .region. If both the CPI-U for the Dallas-Fort Worth .geographical region and the U.S. City Average are ...discontinued during the term of this lease, the remaining rental adjustments called. for in this section shall be made using the _statistics of the Bureau of Labor Statistics of the United States Department of .Labor that are most nearly comparable to the CPI-U applicable to the Dallas-Fort Worth geographical region. If the Bureau of Labor Statistics of the United States Department of Labor ceases to exist or ceases to publish statistics concerning the purchasing power of-the consumer dollar during the term of this lease, the remaining rental adjustments called for in this section shall be made using the most nearly comparable statistics published by a recognized financial authority selected by Lessor. V. RIGHTS AND OBLIGATIONS OF LESSEE A. USE OF LEASED PREMISES. Lessee is granted the non- exclusive privilege to engage in or provide the following: 1. Hangar Leases and Rental. The rental or lease of hangars and hangar space and related facilities upon the leased premises. 2. Office Space Lease or Rental. The rental or lease of office space in or adjoining Lessee's hangars. 3. Aircraft and Storage. To provide storage of both Lessee's and sublessees' aircraft and aviation related equipment and supplies upon or within the leased premises. 4. Aircraft Maintenance. To perform aircraft maintenance on BROWN LEASE AGREEMENT.DOC - Page 6 Lessee's and General Aviation aircraft upon the leased premises. 5. 135 Air Taxi Operation. To perform 135 Air Taxi .Operations with Lessee's aircraft. Lessee, his .tenants and. sublessees shall not be authorized to conduct .any .services not specifically listed in this agreement. The. use of the ...leased .premises of Lessee, .his tenants or sublessees shall be limited to only those private, commercial, .retail or industrial ..activities having to do with or related to airports and aviation. No person, business or corporation may operate a commercial, retail or industrial business upon the premises of Lessee or upon the Airport without a lease or license from Lessor authorizing such commercial, retail or industrial activity. The Lessor shall not unreasonably withhold authorization to conduct aeronautical or related services. B, STANDARDS. Lessee shall meet or exceed the following standards: .l. Address. .Lessee shall file with the Airport Manager and keep current.. his. mailing addresses, telephone numbers and ..contacts where he can be reached in an emergency. 2. List. Lessee shall file with the Airport Manager and keep .current a list of his tenants and sublessees. 3. Conduct. Lessee shall contractually require his employees and sublessees hand sublessee's invitees} to abide by the terms of this agreement. Lessee shall promptly enforce his contractual rights in the event of a default of such covenants. 4. Utilities, Taxes and Fees. Lessee shall meet all expenses and payments in connection with the use of the Premises and the rights and privileges herein granted, including the timely payment of utilities, taxes, permit fees, license fees and assessments lawfully levied or assessed. 5. Laws. Lessee shall comply with all current and future federal, state and local laws, rules and regulations Which may apply to the conduct of business contemplated, including rules, regulations and ordinances promulgated by Lessor, and Lessee shall keep in effect and post in a prominent place all necessary and/or required licenses or permits. 6. Maintenance of Property. Lessee shall be responsible for the maintenance, repair and upkeep of all property, buildings, structures and improvements, including the mowing or elimination of grass and other vegetation on BRAWN LEASE AGREEMENT.DOC - Page 7 the Premises, and shall keep said Premises neat, clean and in respectable condition, free from any objectional matter or thing. Lessee agrees not to utilize or permit ..others to utilize areas on the leased premises which are located on the outside of any hangar or building for the storage of wrecked or permanently disabled aircraft, aircraft .parts, automobiles, vehicles of any type, or any other equipment or items which would distract from the appearance of the leased premises. .Lessee agrees that at no time shall the leased premises be used for a flea market type sales operation. 7. Painting of Buildings. During the original term of this Lease and during each extension, Lessor shall have the right to require, not more than once every five years, that the metal exterior of hangar (s } or building (s } located on the premises be reviewed by the Airport Advisory Board for the purpose of determining whether painting of the exteriors of such buildings or hangars is necessary. If the Airport Advisory Board determines painting is necessary, it shall furnish a recommendation to this effect to the City Council. The Council, may, upon the Board's recommendation, require Lessee to repaint said exteriors according to Lessors specifications (to specify color of paint, quality of workmanship and the year and month in which the hangar(s) or building (s} are to be painted, if needed. } Lessee shall complete the painting in accordance with such specifications within one (1} year of receipt of notice from lessor. Lessee agrees to pay all costs and expense involved in the hangar or building painting process. Failure of Lessee to complete the painting required by Lessor's City Council within one (1} year period shall constitute Lessee's default under this Lease. 8. Unauthorized use of premises. Lessee may not use any of the leased land or premises for the operation of a motel, hotel, restaurant, private club or bar, apartment house, or for industrial, commercial or retail purposes, except as authorized herein. 9. Dwellings. It is expressly understood and agreed that no permanent dwelling or domicile may be built, moved to or established on or within the leased premises nor may lessee, his tenants, invitees, or guests be permitted to reside or remain as a resident on or within the leased premises or other airport premises. lO.Quit Possession. Lessee shall quit possession of all premises leased herein at the end of the primary term of this lease or any renewal or extension thereof, and BROWN LEASE AGREEMENT.DOC - Page 8 ~.<.y, deliver up the premises to Lessor in as good condition as existed when possession was taken by Lessee,. reasonable wear and tear excepted. 11.Hold Harmless. Lessee shall indemnify and hold harmless ...Lessor from and ..against all loss and damages, including ...death., personal injury, loss of property or other damages,. arising or resulting from the operation of Lessee's business in .and upon the leased premises, 12 ..Chemicals. Lessee agrees to properly store, collect and dispose of all chemicals and chemical residues; to properly store, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint products; and to comply with all Local, State and Federal regulations governing the storage, handling or disposal of such chemicals and paints. 13.Hazardous Activities. Should Lessee violate any law, rule,. restriction or regulation of the City of Denton or .the Federal Aviation Administration, or should the Lessee engage in or permit other persons or agents to engage in activities which .could .produce hazards or obstruction to air navigation, obstructions to visibility or interference with .any aircraft navigational aid station or device, whether airborne or on the ground, then Lessor shall state such violation in writing and deliver written notice to Lessee or Lessee's agent on the leased premises, or to the persons} on the leased premises who are causing said violation(s), and upon delivery of such written notice, Lessor shall have the right to demand that the person (s } responsible f or the violation (s } cease and desist from all such activity creating the violations}. In such event, Lessor shall have the right to demand that corrective action, as required, be commenced immediately to restore the leased premises into conformance with the particular law, rule or aeronautical regulation being violated. Should Lessee, Lessee's agent , or the person (s ~ responsible for the violation (s ) fail to cease and desist from said violations} and to immediately commence correcting the violations}, and to complete said corrections within twenty-four (24} hours following written notification, then Lessor shall have the right to enter onto the leased premises and correct the violations}, and Lessor shall not be responsible for any damages incurred to any improvements on the leased premises as a result of the corrective action process. C. SIGNS. During the term of this Agreement, Lessee shall have the right, at its own expense, to place in or on the leased Premises signs identifying Lessee. Said signs shall be of a size, shape and design, and at a location or locations, approved BROWN LEASE AGREEMENT.DOC - Page 9 by the Lessor and in conformance with any overall directional graphics. or sign program established by Lessor for the Airport. .Lessor's approval shall not be withheld unreasonably. Said signs shall be maintained in good repair throughout the term of this agreement. Notwithstanding any other provision of this .agreement, said signs shall remain the property of Lessee. Lessee shall remove, at its expense, all lettering, signs and .placards so erected on the premises at the expiration of the term of this Agreement or extensions thereof. VI. COVENANTS BY LESSOR Lessor hereby agrees as follows: A. PEACEFUL ENJOYMENT. That on payment of rent, fees, and performance of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all rights and privileges herein granted; B. COMPLIANCE. Lessor warrants and represents that in the establishment, construction and operation of said Denton Municipal Airport, that Lessor has heretofore and at this time is complying with all existing rules, regulations, and criteria distributed by the Federal Aviation Administration, or any other governmental authority relating to and including, but not limited to, noise abatement, air rights and easements over adjoining and contiguous areas, over-flight in landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations of adjoining property in the course of normal take-off and landing procedures from said Denton Municipal Airport; Lessor further warrants and represents that at all times during the term hereof, or any renewal or extension of same, that it will continue to comply with the foregoing . VII. SPECIAL CONDITIONS It is expressly understood and agreed by and between Lessor and Lessee that this lease agreement is subject to the following special terms and conditions. A. RUNWAYS AND TAXIWAYS. That because of the present thirty thousand ~30,000~ pound continuous use weight bearing capacity of the runway and taxiways of the Airport, Lessee herein agrees to limit all aeronautical activity including landing, take-off and taxiing, to aircraft having an actual weight, including the weight of its fuel, of thirty thousand X30, 000} , until such time that the runway and designated taxiways on the Airport have been improved to handle aircraft of such excessive weights. It is further agreed that, based on qualified engineering studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and that Lessee agrees to abide by any such changes or BROWN LEASE AGREEMENT.DOC - Page 10 revisions as such studies may dictate. "Aeronautical Activity" referred to in this clause shall include that activity of the Lessee or its agents or subcontractors, and its customers and invitees, but shall not include those activities over which it has no solicitory part or control, such as an unsolicited or ..-.unscheduled or emergency landing. A pattern of negligent disregard of the provisions of this section shall be sufficient to cause the immediate termination of this entire Agreement and subject Lessee to liability for any damages to the Airport that might result. VIII. LEASEHOLD IMPROVEMENTS A. REQUIREMENTS: Before commencing the construction of any improvements upon the premises, Lessee shall submit: 1. Documentation, specifications, or design work, to be approved by the Lessor, which shall establish that the improvements to be built or constructed upon the leased premises are in conformance with the overall size, shape, color, quality and design, in appearance and structure of the program established by Lessor on the Airport. 2. All plans and specifications showing the location upon the premises of the proposed construction; 3. The estimated cost of such construction. No construction may commence until Lessor, acting by its City Council, has approved the plans and specifications and the location of the improvements, the estimated costs of such construction and the agreed estimated life of the building or structure. Approval by the City Council shall not be unreasonably withheld; should the Council fail to deny Lessee's plans and specifications within sixty (60} days of submission thereof to the Council, such plans and specifications shall be deemed approved. Documentary evidence of the actual cost of construction on public areas only (such as taxiways) shall be delivered by Lessee to Lessor's City Manager or his designee from time to time as such costs are paid by Lessee, and Lessor's City Manager or his designee is hereby authorized to endorse upon a copy of this lease filed with the City Secretary of Lessor such actual amounts as he shall have found to have been paid by Lessee, and the findings of the City Manager when endorsed by him upon said contract shall be conclusive upon all parties for all purposes of this agreement. BR04~I~T LEASE AGREEMENT , DOC - Page 11 B. ADDITIONAL CONSTRUCTION OR IMPROVEMENTS: Lessee is hereby authorized to construct upon the land herein .eased, at his own cost and expense,~buildings, hangars, and structures, that Lessor andLessee mutually agree are necessary for use in connection with the operations authorized by this lease, provided however, before . ~~commencing the construction~~of any improvements upon the premises, .Lessee shall submit plans and specifications for approval by Lessor as specified in Article VIII.A., above. C. OWNERSHIP OF IMPROVEMENTS: All buildings and improvements constructed upon the premises by Lessee shall remain the property of Lessee unless said property becomes the property of Lessor under the following conditions, terms and provisions: 1. Removal of Buildings. No building or permanent fixture may be removed from the premises. 2. Assumption. All buildings and improvements of whatever nature remaining upon the leased premises at the end of the primary term, or~any extension thereof, of this lease shall automatically become the property of Lessor absolutely in fee without any cost to Lessor. 3. Building Life. It is agreed that the life of the building to be constructed by Lessee on the property herein leased i s thirty (3 0 7 years . 4e Cancellation. Should this lease be cancelled for any reason before the end of the thirty ( 3 0 ~ year expected building life, it is especially understood and agreed that Lessor reserves the right to purchase all buildings,. structures and improvements then existing upon the premises by tendering to Lessee one thirtieth (130) of the undepreciated value of such building for each gear remaining on the agreed life of such building. The undepreciated value of all improvements is to be determined by having such improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessee and one appointed by the two appraisers. IX. SUBROGATION QF MORTGAGEE A, Any person, corporation or institution that lends money to Lessee. for construction of any hangar, structure, building or improvement and retains a security interest in said hangar, structure, building or improvement shall, upon default of Lessee's obligations to said mortgagee, have the right to enter upon said leased premises and operate or manage said hangar, structure, building ar improvement according to the terms of this Agreement, for a period not to exceed the term of the mortgage with Lessee, or until the loan is paid in full, whichever comes BROWN LEASE AGREEMENT.DOC - Page 12 v first, but in no event longer than the term of this lease. zt is expressly understood and agreed that the right of the mortgagee referred to herein is limited and restricted to those .improvements constructed with funds borrowed from mortgagee, those improvements purchased with the borrowed funds, and those improvements pledged to secure the refinancing of the improvements. B. Lessee shall have the right to place a first mortgage lien upon the. leasehold in an amount not to exceed eighty-five percent X85%} of the construction cost or current market value of the leasehold improvements. X. RIGHT OF EASEMENT Lessor shall have the right to establish easements, at no cost to Lessee, upon the leased ground space for the purpose of providing underground utility services to, from or across the airport property or for the construction of public facilities on .the Airport.. However, any such easements shall not interfere with Lessee's use of the leased premises and Lessor shall restore the property to original condition upon the installation of any utility services on, in, over or under any such easement or the conclusion of such construction. Construction in or at the easement shall be completed within a reasonable time. XI. ASSIGNMENT OF LEASE Lessee expressly covenants that it will not assign this lease, convey more than ten percent (1007 of the interest in his business, through the sale of stock or otherwise, transfer, license, nor sublet the whole or any part of the said premises for any purpose, except for rental of hangar space or tie-down space, without. the written consent of Lessor. Lessor agrees that it will not unreasonably withhold its approval of such sale, sublease, transfer, license, or assignment of the facilities for the airport related purposes; provided however, that no such assignment, sublease, transfer, license, sale or otherwise shall be approved if the rental, fees or payments, received or charged are in excess of the rental or fees paid by Lessee to Lessor under the terms of this lease, for such portion of the premises proposed to be assigned, subleased., transferred, licensed, or otherwise. The provisions of this lease shall remain binding upon the assignees, if any, of Lessee . XII. INSURANCE A. REQUIRED INSURANCE: Lessee shall maintain continuously in effect at all times during the term of this agreement, at Lessee's expense, the following insurance coverage: 1. Comprehensive general liability covering the leased BROWN LEASE AGREEMENT.DOC - Page 13 f s^+.. +t /`~~e premises, the Lessee or its company, its personnel, and its operations on the airport. 2. Aircraft liability to .cover all flight operations of Lessee. 3. Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the Lessee subsequent to this agreement. 4. Liability insurance limits shall be in the following minimum amounts: Bodily Injury and Property Damage: One Million Dollars ($1,000,000} combined single limits on a per occurrence basis. 5. All policies shall name the City of Denton as an .additional named insured and provide for a minimum of ..thirty (30} days written notice to the City prior to the effective date of any cancellation or lapse of such policy. 6. All policies must be approved by the Lessor. 7. The Lessor shall be provided with a copy of all such policies and renewal certificates. During the term of this lease, Lessor herein reserves the right to adjust or increase the liability insurance amounts required of the Lessee, and to require any additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor; provided however, that any requirements shall be commensu- rate Wlth insurance requirements at other public use airports similar to the Denton Municipal Airport in size and in scope of aviation activities, located in the southwestern region of the United States. Lessee herein agrees to comply with all increased or adjusted insurance requirements that may be required by the Lessor throughout the original or extended term of this lease, including types of insurance and monetary amounts or limits of insurance, and to comply with said insurance requirements within sixty (60} days following the receipt of a notice in writing from Lessor stating the increased or adjusted insurance requirements. Lessee shall have the right to maintain in force both types of insurance and amounts of insurance, which exceed Lessor's minimum insurance requirements. In the event that State law should be amended to require types of insurance and/or insurance amounts which exceed those of like BROWN LEASE AGREEMENT.DOC - Page 14 r-°~,. or similar public use airports in the southwestern region of the United States of America, then in such event, Lessor shall have the right to require that Lessee maintain in force types of insurance and/or amount of insurance as specified by State law. Failure of Lessee to comply with the minimum specified amounts or types of insurance as required by Lessor shall constitute .Lessee's default of this Lease. XIII. CANCELLATION BY LESSOR In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act, or Lessee shall be divested of its estate herein by other operation of law; or Lessee shall fail to perform, keep and observe any of the terms, covenants, or conditions herein contained, or on its part to be performed, the Lessor may give Lessee written notice to correct such condition or cure such default and, if any condition or default shall continue for thirty ~ 3 0 } days after the receipt of such notice. by Lessee, then Lessor may terminate this lease by written notice to Lessee. In the event of default, Lessor has the right to purchase any or all structures on the leased premises .under the provisions of Section VIII Paragraph C.4. (Cancellation} hereof . XIV. CANCELLATION BY LESSEE Lessee may cancel this Agreement, in whole or part, and termi- Hate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events: (1) issuance by any court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of said airport or any part thereof for airport purposes ; ( 2 } the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of ninety (90} days after receipt of a written notice of the existence of such breach; (3} the inability of Lessee to use said premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regulation of any appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, earthquake or other casualty; or (4) the assumption or recapture by the United States Government, or any authorized agency thereof, of the maintenance and operation of said airport and facilities or any substantial part or parts thereof . Upon the happening of any of the four events .listed in the BROWN LEASE AGREEMENT.DOC - Page 15 preceding paragraph, such that the leased premises cannot be used for aviation purposes, then the Lessee may cancel this lease as aforesaid, or may elect to continue this lease under its terms, except, however, that the use of the leased premises shall not be limited to aviation purposes, their use being only limited by such laws .and ordinances as may be applicable at that time. XV. MISCELLANEOUS PROVISIONS A. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the parties and as of its effective date supersedes all prior or independent Agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. B. BINDING EFFECT. All covenants, stipulations and agreements herein shall extend to, bind and inure to the benefit of the legal representatives, successors and assigns of the respective parties hereto. C. SEVERABILITY. If a provision hereof shall be finally declared void or illegal by any court or administrative agency .having jurisdiction, the entire Agreement shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. D. NOTICE. Any notice given by one party to the other in connection with this agreement shall be in writing and shall be sent by registered mail, return receipt requested, with postage and registration fees prepaid as follows: 1. If to Lessor, addressed to: City Manager City of Denton 215 E. McKinney Street Denton, Texas 76201 2 . If to Lessee, addressed to Mr. John Brown, President Triangle Aviation, Inc. 11505 Airway Boulevard Roanoke, TX 76262 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. E. HEADINGS. The headings used in this Agreement are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Agreement. BROWN LEASE AGREEMENT.DOC - Page 16 F. GOVERNING LAW. This Agreement is to be construed in accordance with the laws of the State of Texas. G. MEDIATION. Prior to instituting suit in a court of competent jurisdiction, the parties shall, in good faith attempt to settle any controversy or claim by any party hereto arising out of or relating to this Agreement by mediation in accordance with the laws and rules, then obtaining, of the State of Texas and the State Bar of Texas. H. NO WAIVER. No waiver by Lessor or Lessee of any default or breach of covenant or term of this lease may be treated as a waiver of any subsequent default or breach of the same or any other covenant or term of this Agreement. I. INDEPENDENT CONTRACTOR. During all times that this Lease is in effect, the parties agree that Lessee is and shall be deemed to be an independent contractor and operator and not an agent or employee of the Lessor with respect to their acts or omissions hereunder. For all the purposes hereunder, Lessee is and shall be deemed an independent contractor and it is mutually agreed that nothing contained herein shall be deemed or construed to constitute a partnership or joint venture between the parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY OF DENTON, TEXAS, LESSOR BY: HOWARD MARTIN, ~ TERIM CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS BY ~ BROWN LEASE AGREEMENT.DOC - Page 17 4 J ="~'~'""h. APPROVED AS To LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY CITY OF DENTON, TEXAS BY: TRIANGLE AVIATION, INC. ~ TITLE : ~ t THE STATE OF TEXAS ~ COUNTY OF DENTON ~ ti This instrument was acknowledged before me on they- day of , 2001 by LESSEE. ~p~~RYP~B`/~ ~~AN~TTE SCOTT ~ ~ ~ NOTARY PUBLIC N T RY PUBLIC , S TAT OF TEXAS q STATE 4~ TEXAS ~FO~+ My ~amrniSsion ~~pir~~ ~~F~1-~~01 My Commission Expires : ~ f BROWN LEASE AGREEMENT.DOC -Page 18 ATTACHMENT "A" I 1 " = 30' I 30~ ASPHALT ~ TAXIWAY 130 1AXIWAY, DRAINAGE, kN~~ I UTILITY EASEMENT I I - - _ _ 1 /2hIRF S 88'41'08"E 100.00 IRS/CAP S 88 3610E 913.34 - - - _ _ _ l ~ ~ P.O.B I I fN .N ~ (0 rn I W o ~ J 1 N 0} o co I ~ ~ ~ o W 0.41 ACRE ~ t\ ~ I i~ N I ~ N N o R J~•{ cv I ~ Z 5~ g10 0 ~ PCB ~ ~ ~ ~ 05~R P ~ MOST WESTERLY SOUTHWEST ~ CORNER OF LOT 1, BLOCK 1 E .O.C. . ~ _ ~FH ETo ~R ~ -1 /2 IRF awv _ ~ N 88'37'34"W 100.00' S/CAP - - JOHN CARREL 22.5' Aspholt Road EGEND FF - ~INISr+ED FLOOR NG = NATURAL GROUND BER -BURIED ELECTRIC RISER IRF IRON ROp FOUND IRS/CAP z 1/'IRON ROO SET W/CAP FCP FENCE CORNER POST P.l. -PROPERTY LINE B.L. = BUILDING LINE U.E. - UT1Un EASEMENT P.U.E -PUBLIC UT~ITY EASEMENT D E. - DRAINAGE EASEMENT CGS ESMT, COuMUrnCAT10N EA;EuEN M11 ~ WATER uETER TR - TELEPHONE RISER ER -ELECTRIC RISER TAAhS -ELECTRIC TRANSFORMER PP - POM,ER POLE lP . LICNT POLE R.O. k - RICNT OF WAY P.0 B. ~ PpNT OF BEGudNING P.O i. ■ POINT Of COµMENCtNG --c~ - .O ABLE TV LNE ITY 30 0 30 60 90 --E- - -ELECTRIC LwE - - T- - TELEPHONE LINE ATTACHMENT "B" FIELD NOTES to all That certain tract or parcel of land tying and being situated in the William Neif . Survey, Abstract Number 970 in the City of Denton, Denton County, Texas and being a part of Lot Block 1 of the Southeast Airport Addition, an addition in the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet G, Page 295 of the Piat Records of Denton County, Texas, and being more particularly described as follows: . COMMENCING at the moll Westerly Southwest Corner of said Lot 1, Black 1; THENCE North 08 Degrees 36 f~linutes 21 Seconds Eastwith the West Line of said Lot 1, a distance of 936.22 feet; - THENCE South 88 Degrees 36 Minutes 10 Seconds East, a distance of 913.34 feet to a 112 Inch Iron Rod Found at the Northwest corner of the herein described Tract in the South line of a 130 foot taxiway, drainage, and Utility easement; - - THENCE South 88 Degrees 41 Minutes 08 Seconds East with the North line of the subject tract ~ and the South line of said 130 foot easement, a distance of 100.00 feet to a 112 Inch Capped Iron ~ Rod Set for the Northeast corner of the herein described tract; THENCE South 01 Degrees 22 Minutes 17 Seconds West with the East line of the subject tr~cl, a distance of 180.00 feet to 112 Inch Capped Iron Rod Set for the Southeast corner of the herein described tract; THENCE North 88 Degrees 37 Minutes 343 Seconds West with the South line of the subject tract, a distance of 100.00 feet to a 112 Inch Iron Rod Found for the Southwest corner of the herein described tract; THENCE North 01 Degrees 22 Minutes 17 Seconds East with the West line of the subject tract, a distance of 179.90 feet to the Point-of-Beginning, and containing in a110.41 of an acre of land. more or less. These Held notes with the accompanying sketch were prepared from an on-the-ground survey made under my direction and supervision on 03-19-01. FLOOD STATEMENT: I have examined the F.E.N1.A. Flood Insurance Rate Map for the City of Ponder, Denton County, Texas, Community Panel No. 480194, effective date 3--30-98 and that map indicates that this property is in Zone X which is defined as "Areas determined to be outside of the 500 year flood" as shown on Panel 0355 E of said map. r ~ i ^L . ~ . - J.E. THOMPSON R. .L.S. 4857 Date ' ~ '1 • ~ ~ .t ` ~ , ' , . • ~ , - - 't' ~ - 20 1 DRAFT MINUTES 2 AIRPORT ADVISORY BOARD 3 OCTOBER 8, 2008 4 5 After determining that a quorum was present, the Airport Advisory Board convened for a Regular Meeting on 6 Wednesday, October 8, 2008 at 5:30 p.m. in the Denton Airport Terminal Building at the Denton Airport at 7 5000 Airport Road, Denton, Texas. 8 9 BOARD MEMBERS PRESENT: Chairman Mr. Woolfolk, Vice Chairman, Dr. Smith, Mr. Brown, Mr. Clark, 10 and Mr. Eames and Dr. Kristoferson arrived at 5:34 P.M. 11 12 BOARD MEMBERS ABSENT: Absent Mr. Brewer 13 14 STAFF MEMBERS PRESENT: Mark Nelson, Director of Transportation 15 Julie Mullins, Administrative Assistant. 16 17 PUBLIC PRESENT: Jeff Soules, US Aviation Group, Mike Sykes, US Aviation Group, Damon Ward, 18 Business Air Center, Bill Lindsey, Business Air Center, Mike Nebrig, Nebrig and Associates. 19 20 ITEMS FOR INDIVIDUAL CONSIDERATION 21 22 V. Consider the recommendation of an ordinance approving an assignment of leasehold interest in a 23 commercial operator airport lease agreement at Denton Municipal Airport from Charles N. Davis, 24 III, to Nebrig ~ Associates located at 4650 John Carrell Road at the Denton Municipal Airport 25 and authorizing Nebrig to conduct flight training and fueling operations on the leasehold; and 26 providing an effective date. 27 28 Mr. Nelson provided background on the lease and 80 foot x 80 foot facility located at 4650 John Carrell 29 Road on the Denton Airport. Mr. Nebrig is requesting that the lease be assigned to Nebrig Properties, 30 L.P. and is requesting that flight training operations be allowed on the leasehold and that fueling rights 31 from his primary lease be extended to the Davis leasehold. No extension of the lease is being 32 considered. 33 34 Dr. Smith asked is there any standard practice for flight school on the Airport and no one has ever 3 5 thought there would be a flight school in Nebrig Leasehold, Mr. Nelson responded by saying there is no 36 rules or standard procedures on where a flight school can be located on the Airfield. 37 3 8 Chairman Woolfolk requested a letter sent to the Tower and Risk Management with the City of Denton 39 on helicopter flight procedures in that area of the hangar. Mr. Nelson told the Board that he will get 40 with the Tower Manager and ask if there are any problems with helicopter operations from that location. 41 42 Mr. Ward raised concerns relating to the self fueling ordinance and the mobile fueling unit Mr. Nebrig's 43 lessee is using. Nelson commented that the self fueling ordinance related to total fuel volume and fuel 44 farm equipment, not mobile refueling equipment or ramp trucks. The ordinance requires self fueling 45 operators to have 10,000 gallon tanks and use a minimum of 96,000 gallons per year. Mr. Nelson went 46 on to explain how Longhorn Aviation is fueling the helicopter and has had the Fire Marshal's office 47 conduct the requisite inspections. 48 49 Mr. Nebrig stated to have the Tenant at 4650 John Carrell Road buy fuel from Nebrig and Associates 50 like his other tenants. 51 AIRPORT ADVISORY BOARD MINUTES OCTOBER 8, 2008 PAGE 2 1 Chairman Woolfolk issued concern about aircraft parking in the taxiway right of way. Mr. Nelson 2 commented that this issue is a management issue and he will take care of it. The right of way extends 65 3 feet from the center line of the taxiway. 4 5 6 Chairman Woolfolk commented that there is maintenance being completed on the helicopters. Can they 7 work on their helicopters or hire someone to complete the maintenance. Mr. Nelson said that if the 8 flight school has an employee that is an AMP, they can work on the helicopter according to their lease, 9 they have the right to work on their own aircraft. If they work on a non-flight school aircraft, then they 10 are providing a commercial service that is not permitted in their lease agreement. 11 12 Mr. Brown made a motion to approve the assignment of leasehold interest in a commercial operator 13 airport lease agreement from Charles Davis, III to Nebrig & Associates located at 4650 John Carrell 14 Road. Mr. Eames seconded the motion. 15 16 Chairman Woolfolk asked is there any questions to the motion. Dr. Smith asked a question on the 17 fueling the standards will need to be maintained by mobile fueling. Mr. Eames understands the rights to 18 have Nebrig tenants to get fuel; there will need to be standards on self fueling from Nebrig fuel farm. 19 20 Board Members expressed concerns on the transporting of the fuel and it needs to have some direction 21 on minimum standards. 22 23 Chairman Woolfolk clarification of the motion is to approve the assignment of leasehold interest in a 24 Commercial Operator Airport Lease Agreement from Charles Davis, III to Nebrig & Associates located 25 at 4650 John Carrell Road allowing the flight training and fueling. 26 27 Chairman Woolfolk would like the Board to bring the transporting fuel on the Denton Airport back at 28 another meeting and also talk about the aircraft movement area. 29 30 31 Motion carried 6-0 32 33 AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: Transportation Operations ACM: Howard Martin, 349-8230 SUBJECT Consider a recommendation of an ordinance of the City of Denton, Texas approving and authorizing the Denton Air Fair, Inc. to hold an air show at the Denton Municipal Airport on June 20, 2009 and at fund raising events conducted in conjunction with and prior to the airshow on such dates as are recommended by the Airport Advisory Board and approved by the City Manager or his designee, authorizing the concession to Metzler's Food and Beverage, Inc to sell alcoholic beverages at designated locations during the 2009 Air Fair events, upon certain conditions; and providing an effective date. (Airport Board recommends approval 6-0). BACKGROUND The Denton Air Fair Committee (Committee) modified the format of organizing and promoting the 2008 Denton Air Fair. The Committee worked with an event planner, David Shultz Air Shows, LLC, in 2008 to provide turnkey services for the airside component of the event. The Committee will once again work with David Shultz to produce the 2009 Air Fair. Shultz will secure military and civilian aerobatic acts, static displays, provide ground control services, aerial coordination services (Air Boss), coordinate with the Federal Aviation Administration on all permits and Shultz will also assist in event promotions as well as participate in overall event planning. Shultz will assist with the clean up trash, removal of temporary structures at the site and shall comply with all local, state, and federal rules, regulations and guidelines. The Committee will be responsible for ticket sales, concession sales, merchandise sales, event volunteers, provision of ground vehicle parking services, security and will coordinate and plan hosting logistics at the Airport through City of Denton staff. Similar to the 2006 and 2008 Air Fair event, the Denton Air Fair Committee is requesting permission to sell alcohol as part of the event. The Committee has contacted airport management, the city of Denton Risk Manager, the Police Department and the Parks Department to identify what steps and/or actions may be necessary to facilitate this activity on Airport/City property. Risk Management advised the Committee that the insurance policy must include a liquor liability clause to address the sale of alcohol and indemnify the City of Denton and hold the City of Denton harmless. The Committee understands that each server will be required to receive training for serving alcoholic beverages through the Texas Alcoholic and Beverage Commission (TABC). Based on past recommendations by the Denton Police Department, the Committee will have one additional officer to provide security for each point of sale. 1 The Committee developed a plan that will limit the sale of alcoholic beverages from 12:00 p.m. to 4:00 p.m. of the event and shall be restricted to specific locations identified for open containers. The plan identified a limited access chalet area where security personnel and event staff will monitor alcohol sales and prevent alcoholic beverages from being introduced to other locations on the airfield. The Committee will also hire additional event security personnel and the Air Fair Concessionaire, Metzler's, will secure all required licenses and permits for the distribution of alcohol. The proposed ordinance will grant permission to the Denton Air Fair Committee to utilize the Denton Airport for the June 20, 2009 Denton Air Fair event and provide Metzler's the concession to sell alcoholic beverages during the 2009 Denton Air Fair and promotiona events. PRIOR ACTION/REVIEW Airport Advisory Board recommends approval 6-0. The Airport Advisory Board and the City Council approved alcohol sales for the 2006 and 2008 Air Fair events. FISCAL INFORMATION The Denton Air Fair Committee and Metzler's will be responsible for the cost of permits required by the TABC and the City of Denton. Airport Management has agreed that revenue sharing with the Airport will not be considered for either the event or the sale of alcohol. However in-kind services in the form of marketing exposure and community relations are anticipated. EXHIBITS 1. Ordinance 2. Draft Minutes, October 8, 2008 Airport Advisory Board Respectfully submitted: Mark Nelson Transportation Director 2 s:lour do~ur~en~slordinanc~s1~81dentnr~ air fair a~coh~l se~12409.doc designee and ~n compliance nth applicable pravis1an of the City Cade and all other applicable laws. 3. 1~Ietzler's shall provide Canap~rehensive General Laaballty Insurance nth bodily injury limits of not less than $~~a,aa0 for each occurrence and not less than ' Saa,a~a in the aggregate, and nth property damage limits of not Tess than ~ a~,aa0 far each occurrence and not less than $1 ~D,000 in the aggregate ~ required and approved by the City Manager ar his designee and in compliance with applicable provisions of the City Cade and all other applicable laws including the Texas Alcoholic Beverage Cade. 4, Denton Air Fair, Inc. shall obtain and pay for all licenses and permits required to conduct the Zaa9 Denton Airsha~. 5. etz~er's shall obtain and pay far all licenses and permits required to sell alcoholic beverages at the X009 Denton Airsha~v including those required by the Texas Alcoholic beverage Commission and the City, let~ler's shall provide a true and correct copy of their liquor liability insurance policy to the City prior to serving any alcoholic be~e~ages pursuant to this or ~nance. 7. Denton Air Fair, Inc. shall agree to indemnify, hold harmless and defend the City against any liability relating to the 2009 Denton Airsha and name the City as an additional insured on all insurance policies. 8. 1~Ietzler's shall agree to indemnify, bald lawless and defend theCity against any l~abtlity relating to the sale of alcoholic beverages at the 209 Denton Airsho and name the City as an additional insured on all insurance pal~c~es. ETI~1~ 3, This Grdinance shall became effective immediately upon its passage and approval. pA. SEA ADD AFPRGVFID this the day of 2008. MAC A. BUIDUGH, II~AY~~ ATTEST: JEI~T~VIFER AI1TE~, CITY C~ETAIY BY: APPROVED A T~ LECxAf, FGRNI; ANITA BURGER , CITY ATTGR.NEY BY; ~ , rr, ~ ~r Faye 2 of 2 6-1 1 1 DRAFT MINUTES 2 AIRPORT ADVISORY BOARD 3 OCTOBER 8, 2008 4 5 After determining that a quorum was present, the Airport Advisory Board convened for a Regular Meeting on 6 Wednesday, October 8, 2008 at 5:30 p.m. in the Denton Airport Terminal Building at the Denton Airport at 7 5000 Airport Road, Denton, Texas. 8 9 BOARD MEMBERS PRESENT: Chairman Mr. Woolfolk, Vice Chairman, Dr. Smith, Mr. Brown, Mr. Clark, 10 and Mr. Eames and Dr. Kristoferson arrived at 5:34 P.M. 11 12 BOARD MEMBERS ABSENT: Absent Mr. Brewer 13 14 STAFF MEMBERS PRESENT: Mark Nelson, Director of Transportation 15 Julie Mullins, Administrative Assistant. 16 17 PUBLIC PRESENT: Jeff Soules, US Aviation Group, Mike Sykes, US Aviation Group, Damon Ward, 18 Business Air Center, Bill Lindsey, Business Air Center, Mike Nebrig, Nebrig and Associates. 19 20 ITEMS FOR INDIVIDUAL CONSIDERATION 21 22 VII. Consider the recommendation of an ordinance of the City of Denton, Texas authorizing the Denton Air 23 Fair, Inc. to hold an airshow at the Denton Municipal Airport on June 20, 2009 and authorizing the 24 concession to Metzler's Food and Beverage, Inc to sell alcoholic beverages at designated locations 25 during the 2009 Airshow events, upon certain conditions; and providing an effective date. 26 27 Mr. Eames made a motion to approve the Air Show on June 20, 2009 and authorizing the concession to 28 Metzler's Food and Beverage, Inc. to sell alcoholic beverages at designated locations during the 2009 29 Airshow event. Mr. Clark seconded the motion. 30 31 Motion carried 6-0. 32 AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: Water Utilities ACM: Howard Martin, Utilities, 349-8232 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute a real estate contract between the City of Denton, Texas and Keira Franklin, as the sole heir-at-law of Randy C. Snider, deceased, together with any other documents and conveyances that are necessary to acquire an approximate 0.257 acre tract of land situated in the Gideon Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas; and being that same parcel of land conveyed to Randy C. Snider, by deed recorded under County Clerk's File Number 96-R0016095, Real Property Records, Denton County, Texas; authorizing the expenditure of funds therefor; providing an effective date. The Public Utilities Board Recommends approval (5-0). BACKGROUND This 0.257 acre tract is located at the northwest corner of intersection of Edwards Road (east/west), and Old Edwards Road (north/south). The tract is necessary for several different municipal public utility improvement projects slated by the Solid Waste, Water, and Wastewater Departments, along with Denton Municipal Electric. Solid Waste will utilize a portion of the subj ect tract for an additional access road to and from the Landfill. The Water Department will utilize a portion of the subject acquisition tract, along the Edwards Road frontage, to locate pressure reducing mechanisms (valve works) and the related protective infrastructure (underground vault) that are essential to the ongoing operation of the water system in this service area. The Wastewater Department will utilize a portion of the subject acquisition tract for the replacement and relocation of the State School Interceptor I sanitary sewer facilities, which will increase their capacity for service, and provide for sanitary sewer flow requirements up to the year 2030. Denton Municipal Electric will also utilize the entirety of the subject acquisition tract for electric power transmission line use. The acquisition of the subject 0.257 acre tract will provide for better pole alignment, optimal pole spacing and a potential reduction in pole quantity in respect to their plans to connect their Pockrus Substation to their Spencer Interchange. Staff has had many discussions with Mr. Snider over the course of the last two years in our efforts to come to terms on this acquisition. There are no traditional residential structures located on the property, although there are several assemblages of various building materials, and other items that had been used for shelter. Mr. Snider occupied the tract from time to time, without conveniences. The subj ect tract is located within an unincorporated area of Denton County. City Council approved an Ordinance authorizing this acquisition via eminent domain in May of 2007. Staff was in the process of delivering the final offer required to proceed with eminent domain, however, Mr. Snider passed away on July 26, 2008. His daughter, Keira Franklin, is the only surviving heir to his estate. Staff has negotiated acceptable terms for the acquisition of the tract with Ms. Franklin. The purchase price for this acquisition has been negotiated at $30,000, under provisions of administrative settlement. Staff recommends approval of the Real Estate contract. OPTIONS 1. Recommend that the City Council approve the proposed Ordinance. 2. Not recommend that the City Council approve the proposed Ordinance. 3. Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Public Utilities Board April 23, 2007 City Council May 15, 2007 - Ordinance No. 2007-104 Public Utilities Board October 13, 2008 FISCAL INFORMATION Purchase price $30,000, standard closing costs are estimated to be $1,500. The acquisition costs will be prorated evenly between the Solid Waste, Water, Wastewater Departments, and Denton Municipal Electric. BID INFORMATION None EXHIBITS 1. Location Map 2. Ordinance 3. PUB Minutes Respectfully submitted, - Jimmy D. Coulter, Director Water Utilities Prepared by, - 1 I 1Y I } ~ A4 h li Pamela G. 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'rte' ',~'a~~'~' ~ y ~ `a'Fa~4~i !11! Sls'` } ~ ~ "tea -K;,' ~ - + ~ ~ , . _ ~ ' r* ~ - - +~Ll~a ~F l'' `aye _ ~ W ~ ~~r a ~ y y ~ Fa. , c a ' 1 yr' r'"" 4{ y - ~ e k Syr. ~ ~ _ a" r< . fir' ::is ~ 1 v l b ids ~ "aa ~ -p6L .'i '."4 _ ~ - ~F T~ . - . - .a c . - a <,a - r ~ . . ~ `fir ~#Y sss n~11S Ja sa ~ } 4"'' t cam, 1"#i * ~`r ~ y~.~ 5~. F rr' r .,~+Fk ~ ~1°r 'wt .'~ti~~r.:~~+ i FV +~~i. ~ '1., z Lg ~ 1 ~ " ~ ` LY"r { ~ a ~yl""~s 9~r~~d p # a P' o a ^ ~ ¢ ~ i r ; ~ ' ~S `'#~e, ~ a' t ati ~x,.z~ _ ~ ~ ~ / r k ~t"111,B131 a• ice! L 5 ~j ~ t 5s#i. , ~ ' ailw°.x~^~'k rf1:.>. ;'''1~~ i.6 r l1 ~ ..~r~. ~ ~ ~ ~--"~s-d'S~~'+~rr 1~~ ~ ~"l " . ~I:~ ~ ~ a , ~~a . ORDINANCE N0.2008- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND KEIRA FRANKLIN, AS THE SOLE HEIR-AT-LAW OF RANDY C. SNIDER, DECEASED, TOGETHER WITH ANY OTHER DOCUMENTS AND CONVEYANCES THAT ARE NECESSARY TO ACQUIRE AN APPROXIMATE 0.257 ACRE TRACT OF LAND SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT N0.1330, CITY OF DENTON, DENTON COUNTY, TEXAS; AND BEING THAT SAME PARCEL OF LAND CONVEYED TO RANDY C. SNIDER, BY DEED RECORDED UNDER COUNTY CLERK' S FILE NUMBER 96-R0016095, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute a Real Estate Contract between the City of Denton, Texas, as Purchaser and Keira Franklin, as Seller, that is attached hereto and made a part hereof as Exhibit "A" (the "Contract"), and any other documents necessary for the acquisition of an approximate 0.257 acre tract of land, as described in the caption above. The land is being acquired for municipal purposes, including street, public utilities, and related appurtenances. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2008. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: REAL E STATE C UNTRACT THE STATE OF TEXAS § COUNTY OF DENTUN § .THIS .CONTRACT OF SALE is made by KEIRA FRANKLIN, as the sole heir to Randy C. Snider, (hereinafter referred to as "Seller"} and CITY 4F DENTUN, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. I. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tracts, lots or parcels of land described and illustrated in "EXHIBIT A", attached herein, being an approximate 0.257 acres of land described in a deed to Randy C. Snider, recorded under County Clerk's File Number 9b-80016095, Real Property Records, Denton County, Texas, -with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. The consideration herein to be paid to Seller at closing represents the total purchase price for the purchase of said 0.257 acre property tract. Any remaining personal property still located on the property on the date of Closing shall be deemed abandoned personal property and shall be disposed of at the sole discretion of the City of Denton. The Seller hereby agrees to release, acquit and forever discharge the Purchaser and any other persons, firms or corporations of and from any and all actions, causes of action, claims, demands, damages, costs, lass of service, expenses, and compensation, on account of or in any way growing out of, any and all known and unknown personal injuries and property damages resulting or to result from the City taking possession of the Property. II, PURCHASE PRICE 1. Amount of Purchase Price. The total purchase price for the Property shall be the sum of Thirty Thousand Dollars and No Cents ($30,000.°°) (the "Purchase Price"}. ~ i 2. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. III. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing: 1. Prelinunary Title Report. ~Uithin ten (10) business days after the date hereof, Purchaser, at Purchaser's ,sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owner's policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights~of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) business days after Purchaser receives the Commitment that the condition of title as -set forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) business days after receipt of written notice, Purchaser, at its option may elect to terminate this Agreement (in which event this Agreement shall be null and void}, grant Seller additional time to cure, or proceed to closing. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the commitment. 2. SurveX. Purchaser, at Purchaser's sole cost and expense, has obtained a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to .Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) business days after all parties, to review and approve the survey, have executed this contract of sale. In the event the survey is unacceptable, then Purchaser shall within the ten { 10) business day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) business days after receipt of written notice, Purchaser, at its option may elect to terminate this Agreement (in which event this Agreement shall be null and void), grant Seller additional time to cure, or proceed to closing. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3, Seller's Compliance. Seller shall have performed, observed, and complied with all of the 2 Lo >a covenants, agreements, and conditions required by this .Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. N. REPRESENTATIONSAND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: 1. Property to be sold in "AS IS" condition; however nothing herein shall be construed to release, discharge or hold harmless, any of Seller's predecessors in title. 2. PURCHASER ACKNOWLEDGES THAT EXCEPT FOR ANY EXPRESS WARRANTIES AND REPRESENTATIONS CONTAINED IN THIS CONTRACT AND SELLER'S SPECIAL W TY OF TITLE CONTAINED IN THE DEED, PURCHASER IS NOT RELYING ON ANY WRITTEN, ORAL, IMPLIED OR OTHER REPRESENTATIONS, STATEMENTS OR WARRANTIES BY SELLER OR ANY AGENT OF SELLER OR ANY REAL ESTATE BROKER OR SALESMAN. ALL PREVIOUS WRITTEN, ORAL, IMPLIED OR OTHER STATEMENTS, REPRESENTATIONS, WARRANTIES OR AGREEMENTS, IF ANY, ARE MERGED IN THIS CONTRACT. EXCEPT AS EXPRESSLY SET FORTH HEREIN SELLER SHALL HAVE NO LIABILITY TO PURCHASER, AND PURCHASER HEREBY RELEASES SELLER FROM ANY LIABILITY (INCLUDING CONTRACTUAL ANDIOR STATUTORY ACTIONS FOR CONTRIBUTION OR INDEMNITY}, FOR, CONCERNING OR REGARDING ~ 1 } THE NATURE AND CONDITION OF THE PROPERTY, INCLUDING THE SUITABILITY THEREOF FOR ANY ACTIVITY OR USE; (2) ANY IMPROVEMENTS OR SUBSTANCES LOCATED THEREON; OR (3} THE COMPLIANCE OF THE PROPERTY WITH ANY LAWS, RULES, ORDINANCES, 0R REGULATIONS OF ANY GOVERNMENT OR OTHER BODY. THE FOREGOING INCLUDES A RELEASE OF SELLER FROM CLAIMS BASED ON SELLER' S NEGLIGENCE IN WHOLE OR IN PART AND CLAIMS BASED ON STRICK LIABILITY. SELLER HAS NOT MADE, DOES NOT MAKE AND EXPRESSLY DISCLAIMS, ANY W TIES, REPRESENTATIONS, COVENANTS 0R GUARANTEES, MERCHANTABILITY, HABITABILITY, QUANTITY, QUALITY, OR ENVIRONMENTAL CONDITION OF THE PROPERTY OR ITS SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. PURCHASER AFFIRMS THAT PRIOR TO CLOSING PURCHASER SHALL HAVE (i} INVESTIGATED AND INSPECTED THE PROPERTY TO ITS SATISFACTION AND BECOME FANRLIAR AND SATISFIED WITH THE CONDITION OF THE PROPERTY, AND (ii} MADE ITS OWN DETERMINATION AS TO (a} THE MERCHANTABILITY, QUANTITY, QUALITY AND CONDITION OF THE PROPERTY, INCLUDING THE POSSIBLE PRESENCE OF TOXIC OR HAZARDOUS SUBSTANCES, MATERIALS OR WASTES OR OTHER ACTUAL OR 3 LM a POTENTIAL ENVIRONN~NTAL CONTAMINATES, AND (b) THE PROPERTY' S SUITABILITY OR FITNESS FOR ANY PARTICUALR PURPOSE OR USE. PURCHASER HEREBY ACCEPTS THE PROPERTY IN ITS PRESENT CONDITION ON AN "AS IS", "WHERE IS" AND "WITH ALL FAULTS", INCLUDING ENVIRONMENTAL BASIS AND ACKNOWLEDGES THAT WITHOUT THIS ACCEPTANCE, THIS SALE WOULD NOT BE MADE, AND (ii} THAT SELLER SHALL BE UNDER NO OBLIGATION WHATSOEVER TO UNDERTAKE ANY REPAIR, ALTERATION, REMEDIATION OR OTHER WORK OF ANY KIND WITH RESPECT TO ANY PORTION OF THE PROPERTY. IF THE CLOSING OCCURS, PURCHASER AND ITS SUCCESSORS AND ASSIGNS HAVE, AND SHALL BE DEEMED TO HAVE, ASStJNIED ALL RISK AND LIABILITY WITH RESPECT TO THE PRESENCE OF TOXIC OR HAZARDOUS SUBSTANCES, MATERIALS OR WASTES OR OTHER ACTUAL OR POTENTIAL ENVIRONMENTAL CONTAMINATES ON WITHIN OR UNDER THE SURFACE OF THE PROPERTY, WHETHER KNOWN OR UNKNOWN, APPARENT, NON-APPARENT OR LATENT, AND WHETHER EXISTING PRIOR T0, AT OR SUBSEQUENT TO TRANSER OF THE PROPERTY TO PURCHASER. SELLER IS HEREBY RELEASED BY PURCHASER AND ITS SUCCESSORS AND ASSIGNS OF AND FROM ANY AND ALL RESPONSIBILITY, LIABILITY, OBLIGATIONS, AND CLAIMS, KNOWN OR .UNKNOWN, INCLUDING ~ 1) ANY OBLIGATION TO TAKE THE PROPERTY BACK OR REDUCE THE PRICE, OR (2} ACTIONS FOR CONTRIBUTION OR INDEN~IITY, THAT PURCHASER OR ITS SUCCESSORS AND ASSIGNS MAY HAVE AGAINST SELLER OR THAT MAY ARISE IN THE FUTURE, BASED IN WHOLE OR IN PART UPON THE PRESENCE OF TOXIC OR HAZARDOUS SUBSTANCES, MATERIALS OR WASTES OR OTHER ACTUAL OR POTENTIAL .ENVIRONMENTAL CONTAMINATES ON, WITHIN, OR UNDER THE SURFACE OF THE PROPERTY, INCLUDING ALL RESPONSIBILITY, LIABILITY, OBLIGATIONS, AND CLAIMS THAT MAY ARISE .UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT, AS AN~NDED 42 U.S.C. 9601 ET SEQ. PURCHASER FURTHER ACKNOWLEDGES THAT THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY EXPLAINED TO PURCHASER AND THAT PURCHASER FULLY UNDERSTANDS AND ACCEPTS THE SAME. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE CLOSING AND SHALL BE INCLUDED IN THE DEED. 3. Seller is duly and legally authorized to enter into this Contract and to carry out and perform all covenants to be performed by it hereunder, and its right to execute this Contract is not limited by the existence of any other contracts or agreements Whatsoever. The joinder of no person or entity other than Seller will be necessary to convey the Property fully and completely to Purchaser at Closing. Seller is duly authorized and qualified to conduct business in the State of Texas. V. 4 LM 1 CLOSING .The closing shall be held at the office of Sendera Title Com , 2540 Lillian Miller Parkwa ,Suite 11 S, Denton, Texas 762 ~ 0 on or before Novembe~~ , 200 S, or at such title ~-''~y Y company, time, date, and place as Seller and Purchaser may mutually agree upon- (which date is herein referred to as the "closing date"). vI. CLOSING REQUIREMENTS 1. Seller's Re uirements. At the closing Seller shall: a. Deliver to the City of Denton a duly executed and acknowledged Special Warranty Deed in the form attached and incorporated herein as "EXHIBIT B" conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, .leases, encumbrances, conditions, assessments, and restrictions, except for the following: b. General real estate taxes for the year of closing, all prior years, and subsequent years not yet due and payable; c. Any exceptions approved by Purchaser pursuant to Purchaser's Obli atg ions hereof; and d. Any exceptions approved by Purchaser in writing. e. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by Sendera Title Company, Denton, Texas, (the "Title ,Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase price, insuring fee simple title for the City of Denton to the Property subject only to those title exceptions listed in Closin~quirements hereof, such other exceptions as maybe approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however: i. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with it shall be borne by Purchaser; u. The exception as to restrictive covenants shall be endorsed "None of Record"; 5 1 . ~ 7 ~i. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and iv. The exception as to liens encumbering the Property shall be endorsed "None of Record". f. Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser's Requirements. At the closing Purchaser shall; a. .Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. b. Purchaser shall pay all taxes assessed by any tax collection authority through the date of Closing. All other customary and standard costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by the Purchaser, except each party will be responsible for its own attorney fees. VII. REAL ESTATE CUMMISSI4N Seller and Purchaser represent and warrant to each other that neither has retained a broker for this transaction and that there are no brokers or real estate fees due as a result of the consummation of this contract. VIII, BREACH BY SELLER If Seller fails to fully and timely perform any of its obligations under this Contract or fails to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may enforce specific performance of this Contract. 6 LM J lA. BREACH BY PURCHASER In the event Buyer fails to consummate the purchase of the Property, if Seller is not in default under this Contract, Seller will have the right to enforce specific performance of this Contract. X. MISCELLANEOUS 1. Assignment of A ~eement. Purchaser may assign this Agreement without the express written consent of Seller. 2. Notices. Any notice, demand or other communication required to be given or to be served upon any party hereunder shall be void and of no effect unless given in accordance with the provisions of this section. All notices, demands or other communications must be in writing and delivered to the person to whom it is directed, either (i) in person or (ii} delivered by a reputable delivery service that provides a delivery receipt, or by fax. Any notice, demand or other communication shall be deemed to have been given and received when delivered to the below stated address of the party to wham it is addressed. All notices, demands and other communications shall be given to the parties hereto at the following addresses: 3. Seller:Keira Franklin c/o Gray Shelton Shelton & Reecer, LLP 400 W. Oak Street, Suite 201 Denton, TX 76201 Fax: 940-383-9650 E-Mail: gshelton@sheltonreecer.com 4. Purchaser: City of Denton Real Estate and Capital Support 901-A Texas Street Second Floor Denton, Texas 76201 Attn: Pamela England Fax No. (940) 349-8951 E-mail: Pamela,england@cityofdenton.com 7 Lo with copy to: Scott W. Hickey Kelsey Kelsey Collister & Hickey 2225 E McKinney Street Denton, TX 76209 Fax No. (940) 387-9553 E-mail: shickey@dentontexaslawyers.com Any party entitled to receive notices hereunder may change the address for notice specified above by giving the other party ten days' advance written notice of such change of address. S. Survival. All covenants in this Contract providing for performance after the Closing shall survive the Closing. 6. Binding _Contract, Law. This Contract shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns. 7. Interpretation and Applicable Law and venue. THIS CONTRACT SHALL BE CONSTRUED AND INTERPRETED TN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. This contract is fully performable in Denton County, Texas. Exclusive venue for any action to enforce or interpret this contract shall be in a Denton County court of competent jurisdiction. Where required for proper interpretation, words in the singular shall include the plural, and the masculine gender shall include the neuter and the feminine, and vice versa. The descriptive headings of the articles, sections and paragraphs contained in this Contract are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. The term "including," and compounds of the word "include," when preceding a list shall be deemed to mean "including but not limited to." 8. Attorne~ sy 'Fees. In the event either party files a lawsuit in connection with this Contract or any provisions contained herein,. then the party that prevails in such action shall be entitled to recover from the non-prevailing party, in addition to all other remedies or damages a~s limited herein, reasonable attorneys' fees and casts of court incurred in such lawsuit. This covenant shall survive the Closing or termination of this Contract. 9. Entire Agreement. This Contract ~ constitutes the entire agreement between the .parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties in connection therewith. Unless set forth in this Contract, no representations, warranties, covenants, agreements or conditions shall be binding upon the parties hereto or shall affect or be effective to interpret, change or restrict the provisions of this Contract. 8 LM i 10, Multiple _Counterparts. This Contract may be executed in two or more separate counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures on counterparts of this Contract that are transmitted by fax shall be deemed effective for all purposes. 11. Dates. If, pursuant ~o this Contract, any date indicated herein falls on a holiday or a Saturday or Sunday, the date so indicated shall mean the next business day following such date. The term "holiday" shall mean any day on which state or national banks are not open for business in the State of Texas. The "Effective Date" of this Contract shall be the date on which it is fully executed by the last of .Seller or Purchaser to do so. 12. Invalidi In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 13. Time of Essence. Purchaser and Seller acknowledge that time is of the essence in this Contract. IN WITNESS WHEREUF, Seller and Purchaser have executed this contract as follows: S R: E IN S SULE I~IR ~F RANDY C. SNIDER Date: 4 PURCHASER; CITY 4F DENTON BY: GEURGE C. CAMPBELL CITY MANAGER Date: 9 i i ACKNOWLEDGEMENT STATE OF TEXAS . COUNTY OF DENTON Before me the undersigned authority on this day personally appeared George C. Campbell, City Manager, City of Denton Texas, known to me to be the person whose name is subscribed hereto and after being duly sworn, acknowledged that he executed the. abawe document for the purposes and consideration therein stated and far the purpose therein stated on behalf of and for the City of Denton, Texas. Witness my hand and seal of office this the day of , 2008. Notary Public in and far State of Texas Printed Name of Notary My commission expires ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF DENTON Before me the undersigned authority on this day personally appeared Keira Franklin, as sole heir of Randy C. Snider, known to me to be the person whose name is subscribed hereto and after being duly sworn, acknowledged that she is authorized and has executed the above document for the purposes and consideration herein stated. Witness m hand and seal of office this the Jr da of Y Y 2005. ~a i i s ~ • r Notary Public in and or State of Texas Printed Not ~0~ ~r a; , MY b ~In~~~~~~1{1 ~~I ~.yry ~yfy~P~i~i11~ ~tii ~~O My CO TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT The Title Company acknowledges receipt of the fully executed Contract on day of , 2008. TITLE COMPANY: Sendara Title 2540 Lillian Miller Parkway, Suite 115 Denton, Texas 7b210 Telephone: 940-3 $2-75 5 5 Fax: 940-382-7557 Email: Sholbert@senderatitle.com ~y~ Printed Name: Title: 11 LM ' ' S ~ _ ~ J ; - . r I • ~ • ~?5WG • ,a191os ~ P~iGE • ~ ~ ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED ~I THE GIDEON WALKER SURVEY, ABSTRACT NUMBER 9330, . DENTON COUNTY, TEXAS, AND BEING A PART OF A TRACT DESCRIBED Ihl A DEED TO RANDY C. SNIDER, RECORDED UNDER COUNTY CLERICS FILE NUMBER 9fi-RODi f09S, RFAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTIGUTARLY DESCRIBED AS FOLLOiI~fS: BEGINNING AT A 1 ~ INCH IRON PlN FOUND AT THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO TRANCONTINENTAL REALTY INVESTOR5, INC., RECORDED IN DEED NUMBER 2005-151994, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, SAID PIN ALSO BEING ON THE NORTH LINE OF EDWARDS ROAD AND THE WEST LINE OF SAID SNIDER TRACT BEING NOET»I 03 DEGREES 08 MINUTES 53 SECOND EAST, A DISTANCE OF 35.Oi FEET FROM THE SOUTH1fItEST CORNER OF SAID SNIDER TRACT;; THENCE NORTH 03 DEGREES 08 MINUTES 53 SECONDS EAST WITH THE WEST LIwE OF SAID SNIDER TRACT AND THE EAST LENS OF SAID TRANSCONTINENTAL TRAOT, ADISTANCE OF349.98 FEET TO A 112 INCH IRON •PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" SET AT THE NORTH CORNER OF SAID SNIDER TRACT ON THE EAST UNE OF SAID TRANCONTiNENTAL TRACT; THENCE SOUTH 07 DEGREES 11 MINUTES 44 SECONDS EAST WITH THE EAST LINE OF SAID SNIDER TRACT, A DISTANCE OF 355.91 FEET TO A FENCE CORNER POST FOUND ON THE EAST LINE OF SAID SNIDER TRACT ON THE NORTH LINE OF EDWARDS ROAD, AND BEING NORTH 07 DEGREES 11 MINUTES 44 SECONDS WEST, A DISTANCE OF 33.8T FEET FROM THE SOUTHEAST CORNER OF SAID SN{DER TRACT;; . THENCE NORTH ~ DEGREES 43 MINUTES 32 SECONDS WEST WITH THE NORTH SINE OF EDWARdS ROAD, A DISTANC~~OF 63.90 FEET TO THE POINT OF BEGINNING AND CONTAINING ~ ALL 0.251 ACRES OF LAND. NoTI~s: EASEMENTS SHOWN HEREON AREAS LISTED IN THE FIRST AMERICAN TITLE COMMITINENT GF Na. 46R33635 DE9, EFFECTIVE DATE AUGUST24, 2006. 1 O.a. EASEMENT GRANTED BY RI•#. TURNBULL AND WIFE, VIOLET Tt~RNBU1,1, TO CITY OF DENT'ON COUNTY, T'E)fAS, DATED 1212111964, FILED 02!02!1961, RECORDED IN VOLUME 464, PAGE 197, REAL. PROPERTY RECORDS OF DENTON COUNTY,'~EXAS, DOES AFFECT AS SHOWN. tab. EASEMENT GRANTED BY T. GERALD SLIDER, JR. TO CITY OF DENTON, TEXAS, DATED 1111911981, FILED 1111911981, RECORDED IN VOLUME 1113, PAGE 30, REAL PROPERTY RECORDS OF DENTON COUNTY,'TF.•XA~S, DOES AFFECT AS SHOWN. BEARINGS OF {NORTH $6 DEGREES 43 MINUTES 2fi SECONDS WEST} BASED ON THE NORTH LINEOF EDWARDS RbAD AS DESCRIBED IN THE STREET RIGHT-OF~AY DEEP TO CETY OF DENTON RECORDED IN 1/OLUME 493G, PAGE i 8410E THE REAL PROPERTY RECOi~DS OF DENTON COUNTY, TEXAS. THIS SURVEY iNAS PERFORIUED WITHOUT THE BENEFIT OF A TITLE GOMMITMENT. THERE MAY BE EASEMENTS NOT SHOWN THAT AFFECT THE SUBJECT PROPERTY. • 8Y GRAPHIC PLOTTING ONLY, THIS PROPERTY IS WITHIN ZONE AREAS DETERMINED TO BE OUTSIDE OF A DESIGNATED 100 YEAR OR 5Q~ YEAR FLOOD.PLAIN AS SHOWN BY FIRM MAP COMMUNITY-PANEL NUMBER 48121C03$7 E, DATED APRIL 2,1991. NO SURVEYING WAS DONE TO DETERMINE THIS FLOOD ZONE. sURVEYOR'S CERTIFICATE • I, BRAD G. SHELTON, DO HEREBY CERTIFY THAT A SURVEY WAS MADE ON THE GROUND~TfIIS 19th DAY Of= OCTOBER, 2006 OF THE PROPERTY DESCRIBED HEREON AND THERE ARE NO (VISIBE.E) ENCROACHMENTS, PROTRUSIO ROVE I OF VEMENTS, EXCEPTAS SHOWN HEREON. ~ ~ ~ ~ . ~ T ~ REGISTERED PROFESSIONAL LAND SURVEYOR w..,,,.~.....~•~*M~•`"~•" I STATE OF TEXAS N0.5451 ~~A~~~Y S~F.~.TON . ~+~~'ry~rHra VV~wv ~4r 0~, tC r ~~s ~ ~ ~ ~ . su~+ t~l'""V~ i~ .~1~. ~4Q-38?-~50fi 223 W. HICKaRY, DEN'~ON, TEXAS 7~20~ ~nf~me ~exsl~nreying.com • ~v. cam. s~~ D~~ cos r~0. ~ R~ 'I ~~'1 ~1~~ w.....f..3w....:.. w•.w. r ,t,.. s... n. .1~.. •.w ~s...:.:;.1sS.• 1..~ti...t~.••i••i?L+:':s.:~7G.'t~ } riS.fiu~.r~~i•~`r:1si.:'~"tLSpi i i f w I3 ~ ~ ~ ~ ' .1 ~ ~ I~ ~ ~ ` ~ ~ ~ . SET 1~2~ ~ ~ ~ SAGE ~ ~F ~ IRON PAN ~ ~ ~ ~ . ~ ~ . ` ~ ~ . . ~1 ~ r~ T 't ~ t ~ s~ ~ ~ ~ ~ ~ o ~ y a ~ 1 ~ ~ ° ~ ~ ~ ~ ~ ~ ` ~ ~ ~ ti ~ ~ \ ~ ~ ~ r . ~ y ~ ~ ~ ~ ~ i ~ . ~ ~ ~ a . ~ . w ~ . . ~ ~ ~ w OD ~ ~ ~ ~ ~ ~ . ~ ~ cmr O~ ~ . ~ ~ ~ ~ cLOS~ EDWARQS' RD. z ~ W CALE.EQ Z.2.9 ~ 8 ACRE BRACT ~ ~ ~°o ~ BLUE WAR LAND ~ LP., ET AL TRANSCONTINENFAL ~ o ~ ~ VOLUME 537, PAGE 5243 READY 11~11E,STORS, iNC. ~ DN 2045-~ 5194 v ~ ~ ~ RPR RPR ~ a ~ ~ ~ ~ , ~ ~ ~ 26' 26 SEWER EASEMENT . CITY OF DENTON TEXAS ~ ~ 3' ~ 3' VOLUME 464, PAGE ~ 9l P0~{1~T OF DR ~~Ca1NN~N~a ~ . ~ Pow l ~ FENC REFER~~ UN~ F~1Np ~ COR ER CRHCRET ~ IRON PIN OS HEADWAL . ' ~ ~ ~ ~ 1 ~1 ~~.~0 ! Y ~ 940-381-05D6 223 W. HICKORY, DENTON, TEXAS lfi2D~ Inf~rne~ exsunr~ying.cam ~N, CAD. SCAM n. ~ DATE - JCB HO. .?~,.K 1.rrN• ..i.. .R.S.. w • ...,t . : s : .+:'r:. .1 . :L ...f • w ti .k'ri ~ ~ r..i...... .k w•• Lat. i•.~ A:.1f*~"aF+C~w~C~/MS.~. ti~ ~tt~ ~ ~ ~ , ~~u~7ist.M.~1ta~:1.: ~ i r~ i EXHIBIT B to REAL ESTATE CONTRACT SPECIAL ~V TY DEED THE STATE OF TEXAS § COUNTY OF DENTON § THAT, ^ , , a ("Grantor"), for and in consideration of the sum of $10.00 cash in hand paid by THE CITY OF DENTON, TEXAS ("Grantee"), whose address is , ,Denton, Texas ,and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor, has GRANTED, BARGAINED, SOLD and CONVEYED and by these presents does GRANT, BARGAIN, SELL and CONVEY unto Grantee that certain tract of real property situated in Denton County, Texas, and described in Exhibit "A" attached hereto and made a part hereof for all purposes, together with all and singular the rights, privileges, hereditaments, and appurtenances pertaining to such real property, including any and all improvements and fixtures currently attached to and located thereon (the "Pro e This conveyance is being made by Grantor and accepted by Grantee subject to all easements, restrictions, rights, reservations, encumbrances and other matters described in Exhibit "B", attached hereto and incorporated herein by reference (collectively, the "Permitted E, xc motions"). TO HAVE AND TO HOLD the Property, together with, all and singular, the rights and appurtenances thereto in anywise belonging, to Grantee and Grantee's successors and assigns forever; and subject to the Permitted Exceptions, Grantor does hereby bind Grantor and Grantor's successors and assigns to warrant and forever defend, all and singular, the Property unto the Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof by, through or under Grantor, but not otherwise, subject to the Permitted Exceptions. LM v. 1 ExECUTED to be effective the day of , 2008. GRANTOR: THE STATE 4F TExAS § COUNTY 4F § This instrument was acknowledged before me on , 2008, by of , a , , on behalf of said Notary Public, State of Texas My Commission Expires: Printed/Typed Name ~ i • EXHIBIT A to Special Warranty Deed "Legal Description" LM s♦ 1? ExHIBIT B to Special Warranty Deed Permitted Exceptions: l . .The lien for ad valorem taxes not yet due and payable. 2. Permitted Exceptions as established under this Contract. C LM ~"►,~r , m,s t . 1 ~ ~k-S~ ~ ~ f~ 4 ' r Ha+ Y,~ 4 ~ , {l 1 ~.a~ _ ~ '4; - '.rJ ~ "S Y° I "~a a~: :'~Yr 7~', ~ °A"~ "~S ~ ~I Ak ~ , - Nom, ~ ~ ~ ~ ~ ~ a~. ~ w 3 ~ ~4~~° ~ _ ~ ~ V• ~ + y 9 Fw I~ ` F jyy, ~ ~ W ~ ■F - N r + V ~ _ a r aN r ~ ~ ~ ~ ~Ty .a ~ u~ I _ LL y ° r .u' y } 1' I r _ F H a a 1 - ~ " ~ c .-'1' . `3 v ~ } ~ ~i, ~ Saar of 9 ~ _ _ ~ _ ` a s. W r ~i 5 .!W 4e- iit~~s.v .e~',~i~K~~ ~ 4U ' ~ , § _ t w" a~ " y S. e, - e ra i ~syl - _ ~ n„'°' ae. ya ''t+ a-f.; :'~~`u~, ki L _ ~ rabid ~•~~~AI,aF.e~hr*` _ - p A i4 - tl - r + ~ -7M ~ I.L ~ i ~n ~eaY ~ ;ilk J- a~-~ ~ . ,a . _ " ~.a""yam., . ' FR'1 s. 71 _ ~ - - . i ~ , s - ~ - - ~ ~ F~ a ~ ~ . ~ ri ~ ° ~ ~ ' X55 ~ e s M ~ _Y~. ..rµ 4 R 'h Y ,.9ryY.~ x ''~4t`»" uY~6 X~ " .rte r L~' ra ~ t : s k,r' . 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'rte' ',~'a~~'~' ~ y ~ `a'Fa~4~i !11! Sls'` } ~ ~ "tea -K;,' ~ - + ~ ~ , . _ ~ ' r* ~ - - +~Ll~a ~F l'' `aye _ ~ W ~ ~~r a ~ y y ~ Fa. , c a ' 1 yr' r'"" 4{ y - ~ e k Syr. ~ ~ _ a" r< . fir' ::is ~ 1 v l b ids ~ "aa ~ -p6L .'i '."4 _ ~ - ~F T~ . - . - .a c . - a <,a - r ~ . . ~ `fir ~#Y sss n~11S Ja sa ~ } 4"'' t cam, 1"#i * ~`r ~ y~.~ 5~. F rr' r .,~+Fk ~ ~1°r 'wt .'~ti~~r.:~~+ i FV +~~i. ~ '1., z Lg ~ 1 ~ " ~ ` LY"r { ~ a ~yl""~s 9~r~~d p # a P' o a ^ ~ ¢ ~ i r ; ~ ' ~S `'#~e, ~ a' t ati ~x,.z~ _ ~ ~ ~ / r k ~t"111,B131 a• ice! L 5 ~j ~ t 5s#i. , ~ ' ailw°.x~^~'k rf1:.>. ;'''1~~ i.6 r l1 ~ ..~r~. ~ ~ ~ ~--"~s-d'S~~'+~rr 1~~ ~ ~"l " . ~I:~ ~ ~ a , ~~a . 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 October 13, 2008 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, and after convening an Open Meeting, the Chair of the Public Utilities Board convened 7 into a Closed Meeting on Monday, October 13, 2008 at 9:00 a.m. in the Service Center Training 8 Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, and Bill Grubbs 11 12 Absent: John Baines and Randy Robinson, both excused 13 14 Ex Officio Members: 15 George C. Campbell, excused 16 Howard Martin, ACM Ut111t1eS 17 18 Chair Charldean Newell announced that a quorum was present and convened into a closed 19 meeting at 9:00 a.m. to consider the following under the provision of §551.072 of the Texas 20 Government Code. 21 22 At 9:11 a.m., the Chair declared the closed meeting ended and announced that the Public 23 Utilities Board was thereafter in open session. 24 25 OPEN MEETING: 26 27 CONSENT AGENDA: 28 The Public Utilities Board has received background information, staff's recommendations, and 29 has had an opportunity to raise questions regarding these items prior to consideration. 30 31 32 1) Consider recommending approval of an ordinance authorizing the City Manager or his 33 designee to execute a Real Estate Contract between the City of Denton and Keira Franklin, 34 and any other documents necessary to acquire an approximate 0.257 acre tract of land located 3 5 in the Gideon Walker Survey, Abstract Number 13 3 0, Denton County Texas and being the 36 remainder of a parcel of land conveyed to Randy C. Snider, by deed recorded under County 37 Clerk's File Number 96-R0016095, Real Property Records, Denton County, Texas. 38 39 2) Consider a recommendation of approval of an Ordinance authorizing the City Manager or his 40 designee to execute an Easement Purchase Agreement between the City of Denton and South 41 Stemmons Property Group, Ltd., and any other documents necessary to acquire easements of 42 approximate 0.526, 0.253, 0.089, 0.128, and 0.128 acre tracts of land located in the Robert 43 Beaumont Survey, Abstract Number 3 1, Denton County Texas, said tracts being part of a 44 parcel of land conveyed by Margaret Porter to South Stemmons Property Group Ltd., by 45 deed recorded under County Clerk's File Number 2002-R0145810, Real Property Records, 46 Denton County, Texas. 47 48 3) Consider a recommendation of approval for the City Council to adopt an ordinance of the 49 City of Denton, Texas approving Bid No. 4115 for the sale of approximately .6887 acres of 50 land situated in the R. Beaumont Survey, Abstract Number 3 1, Tract 115, which real 51 property was conveyed to the City of Denton, Texas on December 19,1944 by deed recorded Public Utilities Board Agenda October 13, 2008 Page 2 of 2 1 in Volume 31 1, Page 115, Deed Records, Denton County, Texas; providing the City 2 Manager with authority to execute a deed to Eagle Farms, Inc., the successful bidder, 3 together with any other documents necessary to sell and convey said real property. 4 5 4) Consider a recommendation of approval to the City Council of an ordinance authorizing the 6 City Manager or his designee to execute Easement Purchase Agreement(s) by and between 7 the City of Denton, Texas and South Stemmons Property Group, Ltd., together with any 8 other documents necessary to acquire easements of five tracts of land, being approximately 9 0.526, 0.253, 0.089, 0.128, and 0.128 acre tracts of land located in the Robert Beaumont 10 Survey, Abstract No. 3 1, City of Denton, Denton County Texas; said tracts being part of a 11 parcel of land conveyed by Margaret Porter to South Stemmons Property Group Ltd., by 12 deed recorded under County Clerk's File Number 2002-R0145810, Real Property Records, 13 Denton County, Texas. 14 15 5) Consider approval of the unit prices in Bid No. 4166 from Wesco Distribution, 1705 Cypress 16 Street, Haltom City, TX 76117 to enter an annual agreement for purchase ofpre-cast 17 concrete manholes in the estimated annual amount of $109,096. 18 19 6) Consider recommending approval of Bid No. 4159 to Rinker Materials, Ltd. for the 20 manufacture and delivery of reinforced precast concrete box culverts for the Duncan Street 21 Drainage project, in an amount not to exceed $100,208.88. 22 23 Board Member Phil Gallivan moved to approve Items 1, 3, 4, 5 and 6 with a second from 24 Board Member Bill Cheek. The motion was approved by a 5-0 vote. 25 AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: Water ACM: Howard Martin, Utilities 349-8232 SUBJECT Consider adoption of an ordinance finding that a necessity exists to acquire easements and temporary construction easements and authorizing the acquisition through agreement or eminent domain of approximate twenty-five foot wide utility easements and approximate twenty-five foot wide temporary construction easements on various hereinafter described parcels of real property for the relocation and installation of municipal utilities relating to the "U.S. Highway 380 Utility Relocation, Bonnie Brae to Elm Street Project"; providing a severability clause; providing an effective date. The Public Utilities Board recommends approval (5-0). BACKGROUND The US HWY 380 Utility Relocation Project consists of the replacement and relocation of existing water and sewer lines on US HWY 380, in conjunction with the upcoming State Highway expansion of US HWY 380 from Bonnie Brae Street to Elm Street. There are a total of 46 property owners (transactions), some of which own several of the easement tracts needed to complete the US HWY 3 80 Utility Relocation project. Staff has successfully negotiated terms for 29 of these transactions to date. Of the remaining 17 transactions (12 Permanent Utility Easements, and 15 Temporary Construction Easements), we are estimating that 10 - 12 transactions that will actually require full eminent domain proceedings to acquire. The City has contracted with the law firm of Burford & Ryburn, L.L.P. to facilitate the eminent domain process on our behalf. Staff recommends the Public Utility Board endorsement for City Council to approve an Ordinance authorizing the use of eminent domain if needed to finalize these easement acquisitions. OPTIONS 1. Recommend that the City Council approve the proposed Ordinance. 2. Not recommend that the City Council approve the proposed Ordinance. 3. Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Executive Sessions - US HWY 380 Utility Relocation Easement Acquisitions, Public Utility Board July 15, and City Council August 5, 2008. Public Utilities Board, October 13, 2008. FISCAL INFORMATION These utility projects are both being constructed with revenue and utility bond funds. BID INFORMATION The US HWY 3 8o Utility Relocation proj ect will be bid in late 2008. Construction for the project is estimated to begin shortly thereafter. EXHIBITS 1. Location Map and Property Ownership Roster 2. Ordinance Respectfully submitted, - Jimmy D. Coulter Director of Water/Wastewater Water Administration Prepared by, - 1 I 1Y I } ~ A4 h li Pamela G. England Real Estate Specialist ~ .BONNIE BRAE ' ~~I( ' ~i Ii ~ i~ ' ' ' CP ECTOR ~I N i (TAB llK~VI-, 1'R1111ROSF. ~ ~ w W ~ ~'Q W o c~ ~ ~ ~ ~ GE( RC~ETOIVN N 000 m ~ ' ~ ~ ~ ~ 0 0 ~ ~ N ~ ~ ~ ~ ~ N N ~ u~ 0 V1 MALO NF ~ ~ N ~ ~ ~C ~ ~ ~ ~ CORNELL N ' i, 1 a u~ HINKLE i~ ii ,L ' i r FULTON z m ~ ~ cD ~ o~ r r■■r • y ~ A~~cE ~ G th c~ o o ~ ''J r..r. I~ ~ ~ ~ ' ~ CARROLL BLVD. V 1 ~ ' AN1~r1 DENISON ST. I ~ ~ ~ ~ x O BOLIVAR ~ oo x ~ m ' I■■r • .ELM ST. \1 ORDINANCE N0.2008- AN ORDINANCE FINDING THAT A NECESSITY EXISTS TO ACQUIRE EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS AND AUTHORIZING THE ACQUISITION THROUGH AGREEMENT OR EMINENT DOMAIN OF APPROXIMATE TWENTY-FIVE FOOT WIDE UTILITY EASEMENTS AND APPROXIMATE TWENTY- FIVE FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS ON VARIOUS HEREINAFTER DESCRIBED PARCELS OF REAL PROPERTY FOR THE RELOCATION AND INSTALLATION OF MUNICIPAL UTILITIES RELATING TO THE "U.S. HIGHWAY 3 80 UTILITY RELOCATION, BONNIE BRAE TO ELM STREET PROJECT"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, after due consideration of the public interest and the use and benefit to accrue to the City of Denton, Texas; NOW THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Council finds that a public necessity exists, and that the public welfare and convenience require, and the City of Denton, Texas does hereby exercise its home- rule and statutory authority to acquire by agreement or through eminent domain, approximate 25-foot wide permanent and perpetual utility easements; and approximate 25-foot wide temporary construction easements, over, under, and across the subject tracts described in Exhibit "A" attached hereto and made a part hereof by reference (hereafter the "Easements"). The project is referred to as the "US Hwy 3 80 Utility Relocation, Bonnie Brae to Elm St Project." The City Council hereby finds and determines that the acquisition of the Easements through agreement or eminent domain is for a public purpose to provide public utilities, to serve the public and the citizens of the City of Denton, Texas. SECTION 2. The City Attorney, or her designee, shall have the authority to do all things necessary and appropriate to acquire the Easements through agreement or eminent domain. The City Council delegates to the City Attorney, or her designee, the details of accomplishing this objective including, but not limited to, obtaining final surveys, title insurance, engineering matters, title search, formulating and presenting offers, proper documentation, and filing and prosecuting eminent domain proceedings. SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2008. MARK A. BURROUGHS, MAYOR ATTESTED: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: EXHIBIT A US HWY 380 Elm to 1-35 Utility Relocate Project Property Ownership Roster /Possible Eminent Domain Cases Tract # OwneNDCAD Parcel 1 UE-10 Bill Deber /156938 TCE-10 Bill Deberry/156938 2 UE-14 Stephen LMartin/40102 3 UE-17 Nantucket Enterprises IncJ40117 4 UE-18 Weldon Glen McBride/40110 TCE-18 Weldon Glen McBride/40110 5 UE-21A L 8~ G Ca ital Investments, LtdJ33817 UE-21B L 8~ G Capital Investments, LtdJ33817 6 UE-22 Tommy L. Caruthers, Sr./33816 7 UE-27 National Mills Plaza Ltd./219005 8 UE-28 EIm/Bolivar Ltd./34116 TCE-28 ElmlBolivar Ltd./34116 9 UE-29 RPI Denton Center Ltd./34507 10 TCE-32 Dobson Prop PS/39373 11 TCE-33 William E. & Jill D. Trantham/39375 12 TCE 35 Taco Bell Corp/171001 13 UE-36 M Douglas Adkins & Lee Roy Mitchell/34297 TCE-36 M Douglas Adkins & Lee Ro Mitchell/34297 14 TCE-37 LQA lnv. Inc./34588 15 UE-40A Peter Kern/131328 UE-40B Peter Kem/131328 TCE-40 Peter Kem/131328 16 TCE-42 Jimmy D. McLeod/27666 17 UE-46 Custom Designs TCE-46 Custom Desi ns EXHIBR A ur ~a LM ~ t~ ~ ~ .~~o.~essxoa~~.,~ ~ ~e~rors P.~. Box 54 ~ Lewisville, Texas 75067 office: (972} 221-939 Fax: (972} 221-4675 2~~ F~ASF.~~~NT 0.092 ACRF~ CITE ~F I~ENT~N, TI~NTON COUP+ITY, TES ~~IN~ ah that certaio.lvt, tract or parcel of land sitnat~. in the Hobert Beau.©~t Survey, Abstract Number 31 in the City of Denton, Denton County, Texas, and bein a ~ part- of Lot 1 of ~cClendan Properties Subd~vislan, an adchtian to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 4 P e 2~ of the Plat ~ecards of Dentin County, ~'exas, and being more particularly ~descr~~ed as folios: ~3~~Il~NING at a I/~ inch iron rod found at the northeast corner of said Lot 1 and the .northwest corner of Lot 1, Block 1 of devised Roberts Addition, an addition to the C' ~y ©f Denton, Denton County, Texas, uc~rding to the p ther~eo~rocarded in V~~e 3~4f, Pale 4ofi of the ~eec~ ~ecvrds o~ Denton County, Texas, said. paint a~sv heir in the g south lme of Um~ers~tyy Dn~e (U.S. Hwy. 380} having a variable width Right-of-gay; -South ~eg~ees Z9 mutes SS seconds west, nth the west line of said ~evi~sed ~oherts Add~on, a distance of 20.04 t to a paint for corner; T~NCE North 89 degrees 15 minutes 07 seconds west, over, throe and across said Lot 1, a distance of 199.86 feet to a point for corner in the east line of Lot 2 of said i~cClendon Properties ~ubdivisivn; TI~NCE North 44 degrees 31 minutes 0i second fast, with the east -line of said Lat 2, a distance of X4.00 feet to a ~/2 inch iron rod found at the northeast corner thereof and being m. the south line of said University Drive; TNCE South 89 degrees i 5 minutes 07 seconds East, with the south line of said University Drive, a distance of 199.85 feet to the PINT QF BEGIN~IP~~, and containing 4.492 -acres of land, more or less. "rk' • v wry. 7~ ~l\ a 1 ~t 1f Mf.•gf Sf!f ~ 2. ..l ~I . T.t.. ~ in r1r. . crs~af!.~1 r. _,.rr!fr.c.. r~i P. tcr.fr' ) F~ A ~ Sa 1 ~ 11 : ~ 1 l~ . ~ • ~ .Y ~ t `M t. `Y h ~ f tj !t ~.t ~U~f t~ A :1 I f ~ ~1 f/ t:; F. •F .,f=~et:t~ .r. SEEP ti; h~1 ~►y_~ f~.;f,~ e:120471projectslcod~wy 380 util re~acate-630Q43517,G4QQ35537~dacslesmtb.dac EXHIBIT A ~ nF ~a Y V ~ iY TES ~1 , P.O. Box 54 ~ Lewisville, Texas 7~4b7 Ol~ce: (972) 221-9439 ~ Fax: (972} 22t-4675 20' '1']~11~IP~~ ~D~1STI~UCTID~ ESMT. 0.92 ACRES CITE I~~NTQ~, D~~1TQ~ T~~:AS B~Il~G alI that certain lot, tract or parcel of Land situated ~ the R©bert Beaumont Survey, Abstract Number 31 in .the C~ of Denton, Denton Gaunt Texas and ' y, bung a part of Lot 1 of McClendon Properties Subdivision, .an addition to the C of Dent~o~ Deuton Counter, Texas, according to e plat thereof recorded in volume 4, P e 26 of h t e Plat Records of Denton County, Texas, and being more particularly described as follows. 8~~~~~ a post in the east e of said Lot ~ and the west line of L©t 1 ~ioc~ 1 of R~~ Robes Ad ' 'ou, an add~tlan to the ~ of Denton, Denton Co ~ Texas according to the plat thereof recorded in volume 346, Page 40~ of the Deed Records of Denton County, Texas, from which the northeast corner thereof bears Forth 00 de ees 29 •minutes 5 - ~ 5 seconds East at a d~~stance of 2~.~~ feet g m the south hne ~of Dn~ersity Drive hwy. 3$~~ having a variable vvid#h -of-w.a . Right THE~C~ South 04 degrees 29 minutes 5~ seconds hest with t ' he west line of sold Revised Roberts Addition, a distance of 20.00 feet to a point for corner; T~~C~ North 89 degrees 15 minutes o7 seconds west, over, trough and across said Lot 1, a da~stance of ~ X9.$7 feet to a point for corner in the east line of Lot 2 of said McClendon Properties Subdivision; T~~C~ North degrees 3 ~ n~nutes ~ ~ second East, with the east line of said Lot 2 .a distance of 20.0 feet to a paint for corner; T~~I~CE South 89 degrees l ~ minutes 07 seconds East, aver, throe h and across said g Lot 2, a chstance of 199.86 to the P~n~T B~~Il~+I1~NG, and containin 0.092 acres g of land, ire Qr less. . _ - ~~h 'L~'... ~ 1T ~ ' ~ 1 .t r w ~ 1~ r+ ti ]4 t ~ r t': jir s.0...■r...t..r►~r.e.sie.ete.r.~;i ti Eii.~;;.1 i~ ~~;~ILws1 f . r.l ••~rt tSt.iCrtrrr..esr....r.t.~..yarrr.r~~~ w ! i t~l I'M l~ L.t~J i ~'o ~r' :f~ •Yr,r r ''fi'r ;:Y' ?'i ~ ~ S?;a '<~~'iT c:120471~rojectslcadlhury 384 ~t~ relocate-630043S1T,~44035537~docslesmtb.doc EKHIBIT A L 3 OF 26 ' ~ ~1E~ ~ .~'xofe~~.~ox~~ ~'~~ox~ P.~. Box 54 ~ Lewisville, Texas 75067 ~~ce: X972} 221-939 ~ Fax: (972} 221-4675 14' UTILITY EASEMENT 0.037 ACRES CITY OF DENTON, DENTON COUNTY, TExAS BEING all that certain lot, tract or parcel of land situated in the Rob ert Beaumont Survey, Abstract Number 31 in the City of Denton, Denton County, Texas, and bein a g part of Block A of Westchester Park Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 2, P e 13b of the Fiat Records of Denton County,- Texas and bung apart- of that certain tract of -land described in deed to Stephen L. Martin. and Gary L. Martin, recorded under Document Number 96- R0044277 of the Real Property Records of Denton Coup Texas and bein tY~ ~ g more particularly described as follows: BEGIr~NIlVG at a i/Z inch iron rod found at the northeast corner of Lot 1 Block 2 . of Revised Roberts Additlan, an addi~on to the City of Denton, Denton Coup Texas tY, according to the plat thereof recorded in Volume 344, Page 407 of the Deed Records of Denton County, Texas, and the northwest corner of said Martin trot sam ' . t, e bung m the south line of Unwers~fiy Drive ICJ. S. Hwy. 3 80} having a 100 foot wide Ri t-of-wa • ~ Y~ THENCE with the south line of said Universi Drive and the north 1' ' tY a.ne of said Marten tract the fallowing two (2} courses: South 89 degrees 12 minutes 11 seconds East, a distance of 106.95 feet to a found Texas Department of Transportation monument (TxDot. Mon.}; South 4S degrees S 3 minutes I b seconds East, a distance of 21.64 feet to ' a point for corner from which a 1/2 inch iron rod found in the west line of Prinnrose Lane having a 50 foot wide Right-of-way bears South 48 de ees 53 minutes 1 gr 6 seconds at a, distance of 2.98 feet; THENCE North 89 degrees 12 minutes 11 seconds west, over, through and across said Martin tract, a distance of 123.31 feet to a point in the east line of said Lot 1; THENCE North 00 degrees 14 minutes 44 seconds East, with the east line of said Lot 1 a distance of 14.00 feet to the POINT OF BEGIlVNIl~IG, and containing 0.037 acres of ` land, more or less. ~ ~ M A I ~ QED e }r ~3 t f • . r E4 ' t ► ' r' ~ L~ +L.~ V , f • c:l2DD?lcodllzv+ry 38D util relocate-G300~3517,6400355371docslesmtl0 revised 2.doc ~j~ ~ ~ i ~ _ ~ ~ jam; ~,,,Y~. EXHIBIT A A /'1C 7R Y VI LY 6m l~E~ ~ i' a .~xof~ssio. L~ ~e,~oxs P.O. Box 54 ~ Lewisville, Texas 7~Ob7 ~f~ice: (972) 22I-9439 ~ Fax: (972) 221-4675 Zo' UT'H•ITY EASEIVgENT . a.~~~ ACRES CITY OF DENTON, DENTON COUNTY, TEAS BEING all that certain tat, tract or parcel of land situated in the Robert Be aumont Survey, Abstract Number 31, in the City of Denton, Denton Coup ,Texas and be' a ~ part of Block B of Westchester Park Addition, an addition to the City of Denton Denton County, Texas, according to the plat thereof recorded in Volume 2, Pa e 136 of the Piat g Records ofDenton County, Texas and being a part of that certain tract of land described in deed to Nantucket Enterprises, Inc., recorded in ~Tolume 688, Pa a 581 of the Deed • g Records of Denton County, ~'exas and being more particularly descrl~ed as follows: BEGIl'+1111ING at a % inch iron rod set w~h ca stain ed "~4RTHUR P p SURVE'YI~VG C~~P~Y" at the northwest corner of said Nantucket tract and the northeast comer of that certain tract of land described in deed to Ralph L. Masan Revocable Trust recorded under Instrument Number 2006-13?428 of the Real Property Records ofDenton Coon . tY~ Texas and bung in the south linne of University Drive (U.S. Hwy 380) havin a 150 foot . g wide Right-of-way; - fiHENCE South $9 degrees 10 minutes i 5 seconds East with the south line of said University. Drive, a distance of 1 x0.18 feet to a % inch iron rod set with ca stain ed P P ARTHUR SURIlEYI1UG C4~1I~'ANY" at the northeast corner of said Nantucket tract and the northwest corner of that certain tract of land described in deed to Weldon Glen McBride and wife Ellen A. McBride, recorded under Document Number 94-R00$6~94 of the Rea? Property Records ofDenton County, Texas; THENCE South 00 degrees 15 minutes 27 seconds west with the west Tine of said McBride tract, a distance of20.00 feet to a point far corner; 'HENCE North 89 degrees 10 minutes 15 seconds East, aver, through and across said Nantucket tract, a distance of 1x0.21 feet to a point in the east line of said Mason tract• THENCE North 00 degrees 20 minutes 13 seconds East,. with the east -line of said Mason..... . . tract, a distance of 20.00 feet to the POINT OF BEGIl~~tG, and containin 0 acres of land, more or less. ~ r. ~ rr-y ~ , jf t1 / ~~i ~T . ! 1 • . 4~.+ 6 a I ~ '~f <<1 4. j ,Ci`~ .y r ~ . i ~ J S~at~,.: c:120a71codlhwy 380 util relocate-b30Q43517,6400355371~docslesmtl3 revised.doc ~ ~ EXHIBIT A _ ~ o yr co LM 4 ~E ~ P.O. Box 54 ~ Lewisville, Texas 75067 Office: X972} 221-9439 ~ Fax: (972) 221-4675 ~4! ITTIL ~ASEI~NT 0.045 ACAS C o~ o~~vTO~v, oENTO~v CoU~T~g ~r~xA~ B~Il~G all that certain lot, tract or parcel of land situated in the R~abert Beaumont Survey, Abstract Number 31 in the City of Denton, Denton Count ,Texas, and bein a y g part of Block B of Westchester Park Addition, an. addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in volume 2, Page 136 of tie Plat Records of Denton County, Texas and being a part of that certain tract of land described in deed to Weldon glen IVIcBride and wife Ellen A. ~c$ride, recorded under Document Num~r 94-80086694 of the Real Property Records of Denton County, Texas and being more particularly described as follows: ~~GI1~IIl~G at a %2 inch iron rod set with cap st ed "AR~'.F~UR ~UI~VEY~G CD.MI'" at the northwest corner of said Mc~ride tract the northeast corner of that certain tract of land descn`bed in deed to Nantucket Enterprises, Inc., recorded in Volume 688, Page 581 of the Deed Records of Denton County, Texas, and being in the south line of University Drive ~[.LS. Hwy 380} having a ISO foot wide Right-of-way; THE~tCE South 89 degrees 10 minutes l5 seconds East, with the south line of said University Drive, a distance of 97.04 feet to a 'lz inch iron rod set with cap stamped "A.~T~~IR SURT~YIhjG C'G~A11~'" at the northeast corner of said I4~cBride tract and the northwest corner of that certain tract of land described in deed to Robert w. Beli and wife Rosemary Bell, recorded under Document Number 94-80079225 of the Real Property Records of Denton County, Texas; 'I,]~l~C~ South 01 degree 16 minutes 29 seconds Vest, with the west line of said Bell tract, a distance of 20.00 feet to a point for corner; '1"~~I~CE North ~9 degrees 10 minutes 15 seconds west, over, through and across said I14cBride bract, a distance of 9G.69 feet to a point in the west line thereof and the east line of said Nantucket tract; 'SCE North 00 degrees 15 mEinutes 27 seconds East, with the east line of said Nantucket tract, a distance of 20.00 feet to the PoIl~T o~ B~GDd1~TIl~G, and containing 0.045 acres of land, more or less. f 1.~~ ~~R t;:-~. 1 4, t t •ayk r` r ~ `n, i~ ti~i . • r S ~;`f ;•1 ~;t _1`~~i Rqr~ ti~ ~ r~r ~ ; , i1 c:120071prajoctsicadlhwy 380 util relacatc-~30U43517,6~00355371docslcsmtl4.doc ;;,a ~ , ,,~~ju, ~t+ j~ •T~ivI F~ ~t ~f fit? C EXHIBIT A Q yr co LM ~ TE~B .~xo~ess~ox~~ .~r~ ~~,~oars P.C~. Box S4 ~ Lewisville, Texas 750b7 Qf~ice: (972} 221-9439 N Fax: (972} 221-4b7~ ZO' TE1~ItGARY CDNSTRt1CTI(~N EASEMENT a.a~~ AC~Es CITY OF DENTCIN, I~ENT(}N C0~1NTY, T~xAS BEING all that certain lot, tract or parcel of land situated in the Robert Beaumont Survey, Abstract Number 31 in the City of Denton, Denton County, Texas, and bung a part afBlock B of Westchester Park Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereofrecorded in ~Tolume 2, Page 136 of the Plat Records of Denton County, Texas and being a part of that certain tract of land described in deed to Weldon Glens McBride and wife Ellen A. McBride, recorded under Document Number 94-R008bb94 of the Real Praperty Records o f Denton Counter, Texas and bein g mare particularly described as follows: BEGIl'~IYING at a point in the west line thereof and the east sine ofthat certain tract of sand described in deed to Nantucket Enterprises, Inc., recorded in Volume 68S Pa a S81 } g of .the Deed Records of Denton County, Texas from which the northwest corner thereof bears North Qd degrees 15 minutes 27 seconds East at a distance of 20,00 feet being in the south line of University Drive (U.S. flwy. 3S0} having a 1S0 foot wide Ri ht-of-wa • g Y~ 7CEtENCE South $9 degrees 14 minutes 1 S seconds East, aver, through and across said McBride tract, a distance of 96.b9 feet to a point in the east line thereof and the west line of that certain tract of land described in deed to Robert Bch and wife Rosemary Bell, recorded under Document number 94-R0079225 of the Real Property Retards of Denton County, Texas; THENCE South O1 degree ~6 mutes 29 seconds vest, with the west lute of said Bell tract, a distance of 20.04 feet to a point for corner; TT~ENCE North ~~9 degrees 10 minutes 15 seconds west, aver, through and across said McBride tract, a distance of 94.33 feet to a point in the west Tine thereof and the east line of said Nantucket tract; TIiENCE --North OO degrees ~ S minutes 27 seconds East,- with. the. -west -line of -said Nantucket tract, a distance of 20.00 feet to the FQIlVT D~ BEGIl'~NG, and containing 0.044 acres of land, more or less. ~~gi ~.x _ r.~ .Y % ~4.~ 't ~.1„ r .et.~`-~ . F~ `+,r i r. :t. i ~f. r t i t'. t' •t 1. ~..ar.f. •..r. a..t Cff~f.ft at7t ..w .fr~~ 4 ~ v ~ h! 4 f y~. t . t ~t. t~ f'. ~ ~ E e:\20071pFOjectslcodll~wy 380 util relocate-630Q43517,C~0035537~docslesmtl4.doc `~';~rj~t'`'t=.,~•`'. ~r:~` EXHIBIT A ~ n~ ~c 1 ~/1 LV 5 ~E2°~ A ~x~~essiox~~ ~ax~c~ ire ~x~ P.O. Box 54 ~ Lewisville, Texas 7507 Office: (972) 221-9439 ~ Fax: (972} 22I -4b75 24' UTILITY EASEMENT 0.067 ACitES CITY OF DENTON, DENTON COUNTY, TEAS BEING all that certain lot, tract or parcel of Land situated in the Robert Beaumont Surve y, Abstract Number 31 in the City of Denton, Denton County, Texas and being a part of that certain tract of land described in deed to Dean C. Layh, D.V.M., recorded in Volume 2531, Page 968 of the Deed Records of Denton County, Texas, and being more particularly described as follows; BEGIr~NIlVG at a'/2 inch iron rod set with cap stamped "~?'.F~IR SURVEYING ~'aMP~4NY" at the northwest corner of said Layh tract and the northeast corner of that certain tract ~ of land described in deed to MasonlRenfro Denton, LLC, recorded under Instrument Number 2007- 12322 of the Real Property Records of Denton County, Texas being the most earth northeast corner of Block B of Westchester Park Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 2, Page 136 of the Plat Records of Denton County, Texas being in the south line of University Drive ~IJ.S. Hwy. 380} haven a 150 foot wide Ri t-of-wa • ~ g ~ Y~ THENCE South 89 degrees 10 minutes I S seconds East, with the south Tine of said University Drive, adistance of 146.25 feet to a %z inch iron rod set with cap stain ed "~#.RT'~IUR SU.RY~YI11lG COMP~l11~Y" at p . the northwest corner of that certain tract of land described in deed to Tommy Lee Caruthers, recorded under County Clerk's File Number 93-R0051859 of the Real Property Records of Denton County, Texas; THENCE South O1 degree 51 minutes 57 seconds West, with the west Iine of said Caruthers tract, a distance of 20.40 feet to a point for corner thereof; THENCE North 89 degrees 10 minutes 15 seconds West, over, through and across said La h tract, a distance of 145.8$ feet to a oint for carne ' Y p r in the east line of said Mason/Renfro tract; THENCE North 00 degrees 48 minutes 09 seconds East, with the east Tine of said MasonlRenfro tract, a distance of 20.00 feet to the POINT OF BEGINN.~G, and containing 0.067 acres of land, more or less. ~ ~ ~ ~ s . . i 1_ e c1~i ; r •-♦•3a r.. lt•1, >t'If R..~.Ll. i.}{.11.0 f. f. s :Ii:i k t . `t~ ~ r~~ ~[F ~ J~ ' 1y[CCCF~ r L4~, rr e`~ ~...r a ~~t c:1200?leodlhwy 380 ~ti! relocate-630043517,6400355371docslesmtl7 revise~.doc EXHIBIT A U LG LM . I ~ UE~`~ ..~'ro.~esszor~~ ~.~c~ ~'~x~~r~~rox~s P.O. Box 54 ~ Lewisville, Texas 75067 office: (972) 221-9439 ~ Fax: (972) 221-4675 fib' UTILITY EASEMENT 0.03 ACRES CITY DF DENTUN, DENTUN CUIJNTY, TEXAS BEING all that certain lof, tract or parcel of land situated in the Robert Beaumont Survey, Abstract Number 31 in the City of Denton, Denton Counfiy, Texas and being a part of that certain tract of land described indeed to Dean C. Layh, D.V.M., recorded in Volume 2531, Pa a 968 of g the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGII~~G at a % inch iron rod found at the southeast corner of said Layh tract and a west comer of that certain tract of land described in deed to Custom Designs, Inc., recorded under Document Number 20Q2-R01 ~ 3 ~ 52 of the Real Property Records of Denton County, Texas; THENCE North 89 degrees 33 minutes 51 seconds West, with a north line of Block B of Westchester Park Addition, an addition to the City of Denton, Denton County, Texas, accordin g to the plat thereof recorded in Volume 2, Page 136 of the Plat Records of Denton County, Texas, a distance of 143.00 feet to a ~h inch iron rod set with cap stamped "ARTHUR SURVEYIlVG COMPANY" at the southwest corner of said Layh tract and being in the north line of Lot 13 of said Block B; THENCE North 00 degrees. 48 minutes 0~ seconds East, with the east line of Block B, a distance of ~ 6.00 feet to a point for corner; THENCE South 89 degrees 33 minutes S 1 seconds East, over, across and through said Layh tract, a distance of 143.30 feet to a point for corner in the west line of said Custom Designs tract; THENCE South 01 degree S 1 minutes 57 seconds West, with the west line of said Custom Designs tract, a distance of 16.00 feet to the PAINT OF BEGINNIl~TG, and containing 0.053 acres of land, more or less. ~ ".J ~ ±i °s ~TL, ' ~ ~ ~JM~ f I ~i r~E ~ :~~~j ~ 4.`i.. ~ r ~ f` i f'. ~ _ y { 1 'Z F~ ~ i F YY ,j c:120471codlhwy 3$Q utiE relocate-63da43517,b40035537~docslesmtlT revised.dac . EXHIBIT A o nr ~a 6m UE~~ .Px~.~es~.~o~z~ ,5'~r~ey~r~ P.O. Box 54 ~ Lewisville, Texas 75067 Office: (972} 221-9439 ~ Fax: (972} 221-475 20' UTII~~'f Y EASEMENT 0.036 ACRES CITY OF DENT4N, DENTON COUNTY, TExAS BEIl~G all that certain lot, tract or parcel of land situated in the Robert Beaumont Surve Y~ Abstract Number 31 in the City of Denton, Denton County, Texas, and being a part of that certazn tract of land described in deed to Tommy Lee Caruthers, recorded under County Clerk's File Number 93-R~051859 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGIl'~NIl~TG at a ~h inch iron rod set with cap stamped "ARTHUR SURT~Y.ING C01~'AN~" at the northwest corner of said Caruthers tract and the northeast corner of that certain tract of land described in deed to Dean C. Layh, • D.V.M., recorded in Volume 2531, Page 968 of the Deed Records of Denton County, Texas, being in the south line of University Drive (U.S. Hwy. 380 . ) having a ISO footwideRight-of-way; THENCE South 89 degrees 10 minutes I5 seconds East, with the south Line of said Universi tY Drive, a distance of 68.91 feet to a j/ inch iron rod set with cap stamped " SURVEYING C011~'AIUY" at the west corner of that certain tract of land described in deed to the State of Texas, recorded in ~Tolume 4136, Page 1936 of the Real. Property Records of Denton County, Texas; THENCE South 44 degrees 54 minutes 52 seconds East, with the southwest line of said State of Texas tract, a distance of 28.66 feet to a point for corner; THENCE North 89 degrees 10 minutes 15 seconds west, over, through and across said Caruthers tract, a distance of 89.80 feet to a point for corner in the east line of said Layh tract; THENCE North 01 degree 51 minutes 57 seconds Fast, with the east line of said Layh tract, a distance of 20.00 feet to the PUINT OF BEGINNING, and containing 0.036 acres of land, more or less. + • . . Y 1 J.` ~ ~ •S - 111 .►r afstarr~.*ss.arr.►ra~•ar.. e~ •s k ~ • IF ~1 ; ± ash.c~f•t•~rr..+~sr.ra~a~•.~l{t• r~r, ~ 1~,~ ~j iQ~ ~ ` 'i'~ •1 S~i SJ ~ 1i S t i c:120071cod1hwy 380 util relocate-630043517,6Q00355371docslesmtl8 revised.doc EXHIBIT A n n~ av v1 46 UP LM ~ ~E27 .a ~'~o.~ess~ox~a.~ sa~yoxs P.O. Box 54 ~-Lewisville, Texas 750b7 0#tice: X972} 2219439 ~ Fax: X972} 22 t -4b75 l.b' PUBLIC UTILI'T'Y EASEMENT O.Q76 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the B.B.B. & C.R.R. Survey, Abstract Number 185, City of Denton, Denton County, Texas and being a 16 foot- Public Utility Easement, being a part of Lot 17 of Cool Crest .Addition, an addition to the City of Denton, Denton County, Texas, according to the map thereof recorded in Book Z, Page 261 of the District Court Minutes of Denton County, Texas, and being more particularly described as follows: BEGIl'r1NING at a point for corner in the south line of University Drive also known as Highway 3 S0, being at the northeast corner of said Lot 17 and the northwest corner of Lot 7R of Cool Crest Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet D, Page $3 of the Plat Records of Denton County, Texas; THENCE South 00 degrees 19 minutes 25 seconds west, along the west line of said Lot 7R, a distance of 16.00 feet to a point for corner; THENCE over, through and across said Lot 17 the following two (2) courses: North 89 degrees 45 minutes 57 seconds west, a distance of 172.22 feet to a paint for corner; South 48 degrees 26 minutes 53 seconds West, a distance of 35.00 feet to a point for corner in the east line of Bolivar Street from which a 518 inch iron rod found bears South a1 degree 53 minutes 45 seconds west at a distance of 184.71 feet; THENCE North OI degree 54 minutes 4I seconds East, along the east line of said Bolivar Street, a distance of 22.04 feet to a point for corner in the south line of said University Drive; THENCE continuing along the south line of said University Drive the following two (2} courses: North 48 degrees 26 minutes 53 seconds East, a distance of 25.94 feet to an "X" found in concrete; South 89 degrees 45 minutes 57 seconds East, a distance of 175.36 feet to the POINT OF BEGII~NIlVG, and containing 0.076 acres of land, more or less. . , , AEI k' ~ y~+..sa...►• ~ r r '.f i,~ ~ : T ~ i s '4 ! _ Li~. s.l.rY. tr ,.t ~ 1 • [ • ~f 1•~ I v rr s~ iV• s . ~ c:120411cod1hwy 384 util relovate-b30443517,6400355371dcxs116' pie south.dQC ~ ~t~ `-r; t~ 'r~`~ EXHIBIT A 110E 26 1 I E~~ ~ .~'x~a~es~ia.~~ .~~ec~ ~e~or~ P.O. Box 54 ~ Lewisville, Texas 75067 ~f~ice: (972} 221-9439 ~ Fax: (972} 221-4675 16' PUBLIC UTIIIITY EASEMENT 0.070 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot; tract or parcel of land situated in the N. H.1Vleisenheimer Surve Abstract Number $11 in the City of Denton, Denton County, Texas and being a 16 foot Public Utility Easement, being a part of that certain tract of land described in deed to ElmBoliver LTD. recorded under Instrument Number 94-80020533 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point for corner in the east Tine of Bolivar Street, said point being North 00 degrees 17 minutes 52 seconds East at a distance of 72.93 feet from the southwest corner of said EIm/Bolivar tract; THENCE North 00 degrees 17 minutes 52 seconds Easy, along the east line of said Bolivar Street, a distance of 16.00 feet to a point for corner, THENCE over, through and across said ElmlBolivar tract the following two {2) courses: South 89 degrees 36 minutes 41 seconds East, a distance of 91.27 feet to a oint for p corner; South 49 degrees 35 minutes OS seconds East, a distance of 99.36 feet to a aint for p corner in the west line of Lot 1, Block 1 of Elm-University Addition, an addition to the City of Denton, Denton County, Texas, according to the pint thereof recorded in Cabinet I, Page 230 of the Plat Records of Denton County, Texas; THENCE South 00 degrees 18 minutes 06 seconds West, along the west line of said Lot 1 a .distance of 20.92 feet to a point for corner from which a Texas Department of Trans ortation P monument bears South 00 degrees 18 minutes 06 seconds East at a distance of 1$.66 feet; THENCE through and across said EIm/Bolivar tract the following two {2) courses: North 49 degrees 35 minutes OS seconds West, a distance of 107.01 .feet to a aint far P corner; North 89 degrees 36 minutes 41 seconds west, a distance of 85.42 feet to the POINT OF BEGINNING, and containing 0.070 acres of land, more or less. • 4~ e e. e...4ee.~~ a A, r i ; ..s •n...}.. •e e ~~s ~~~tt p ~ 4 ~ t ~ ti ~ ' { ~....s sr► • •e~..• a . • • f c:~20071codlhwy 380 utilrelocate-63004351?,b400355371docs1l6' pt~e north.doc v~ ~ ~ EXH1BiT A ~2 of zs Lo I ~ TCE28 , ~'x-o~essio~z~ .~,a,~c~ se,~ax~s P.D. Bax 54 ~ Lewisville, Texas 7567 office: X972) 22t-9439 ~ Fax: (972) 221-4b75 TEMPORARY CONSTRUCTION EASEMENT 0.063 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain Iot, tract or parcel of land situated in the N. H. Meisenheimer Surve , Y Abstract Number 811 m the City of Denton, Denton County, Texas and being a 16 foot Public Utility Easement, being a part of that certain tract of land described in deed to ElmBoliver LTD., recorded under Instrument Number 94-80020533 of the Reai Property Records of Denton County, Texas, and being more particularly described as follows: BEGIItINIlVG at a point for corner in the east Line of Bolivar Stree said oint bein North ~ p g 00 degrees 17 minutes 52 seconds East at a distance of 88.3 feet from the southwest corner of said ElmlBolivar tract; THENCE North 00 degrees 17 minutes 52 seconds East, with the east line of said Boliver Street, a distance of 30.00 feet to a point for corner; THENCE over, across and through said ElmlBoliver tract the foilowin three 3 courses: g South 89 degrees 36 minutes 41 seconds East, a distance of 91.32 feet to a point for corner, South 00 degrees 23 minutes 19 seconds 'Nest, a distance of 30.00 feet to a oint for P corner; North 89 degrees 37 minutes 37 seconds west, a distance of 91.27 feet to the POINT OF BEGINNIlVG, and containing 0.063 acres of land, more or less. r~~,~•'~c~~sr~~~•~.~. E~ I • ss..........s.r.r~.6.• rst e' •.o!►. s►f... .....a. •~A. • ~ . 1 '.q {/a ~ i; L • . -~J . L ••y~~ F~i~afA A.• i - Fl ~ c:124471co~wy 38b util re[acate-630Q43517,b40Q355371docs~I6' pue north.doc EXHIBF ~ V YI ~ UE29 , ~'~ro~~ssio .~~al ~~+~,~oz~s P.a. Box 54 ~ Lewisville, Texas 75Q67 Office: (972) 221-9439 ~ Fax: (972) 22t-4675 10 'UTILITY EASEMENT O,a58 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lat, tract or parcel of land situated in the Robert Beaumont Surve~~. Abstract Number 31, Ciri~ of Denton. Denton Count<~, Texas and being a art of Denton Center • - p Phase Il, an addition to the City- of Denton. Denton Countc~a Texas. according to the plat thereof recorded in Volume Page of the Plat Records of Denton Count~~, T~esas. and bein more anti 1 ~ ~ p cu arl~ described as follo~~s. CON[MENCING at a % inch iron rod found at the most southerly- southwest corner of said Denton Center - Phase H addition and the southeast corner of that certain tract of land described in deed to First Presbyterian Church, recorded in ~lolume 935, Page 36~ of the Deed Records of Denton Count~~, Texas being in the north line of University- Drive ~U.S. H~~- 380) having a i00 foot ~~~ide Right-of-~~~a~~; THENCE in a northeasterly direction with a cun~e to the left having a radius of 3769.72 feet an arc length of 10.34 feet ~~=ith a delta angle of 00 degrees 09 minutes 26 seconds whose chord bears North 76 degrees OZ minutes 28 seconds East at a distance of 10.34 feet to the POINT OF BEGIl'JNING and being at the southeast corner of a 10 foot wide Utility Easement as sho`~~ on Volume Page 41: THENCE over, through and across said Denton Center - Fhase II addition the follo~~~ing three ~3}courses: North 00 degrees 40 minutes 43 s~onds East, with the east line of said 10 foot Utility Easement, a distance of ZS3.88 feet to a point for corner; South 89 degrees 19 minutes 1? seconds East, a distance of 10.00 feet to a point for corner; South 00 degrees 40 minutes 43 seconds West, a distance of 251.25 feet to a point in the north line of said University Drive and being at the beginning of anon-tangent curve to the right having a radius of 3769.72 feet; THENCE with said curve an arc length of 10.34 feet with a delta angle of 00 degrees 09 minutes 26 seconds whose chord bears South 75 degrees 53 minutes 02 seconds west at a distance of 10.34 feet to the POINT OF BEGINNING, and containing 0.058 acres of land more or less. ~ Asa' h. ~ 1y '~Y.a♦l..~ fy~ q ~/y 1/ ? 4 ~ k 1 f;t' . E ~ ~;f ~ ~t76~t+~ 0 k•tk.k Y• 1~S +'•t I~ ,I y.. Y.y .J E tr~..~ ' * u ` AYE ki./!••1 •tl r y ~ ~s d .lk~t a.' . c:12007tcodlh~ary 380 an7 relocate-630043517,6400355371docs12$01149.doc ~ ~ ~ E~ ~ ~Y~.~,- EXHIBIT A 14 OF 2G L_ I T~E~2 METES AND BDUNDS DESCRIPTION BEING a ~ 086 acre tract of land situated in the R. Beaumont Survey, Abstract Number 31, Denfon County, Texas, in the Cify of Denfon, being a portion of Lof 2, Dobson Addifion, according to fhe plot recorded in Volume 16, Page 16, Plot Records of Denton Counfy, Texas, also being a porfion of the tract of land described in fhe deed to Dobson Properties recorded in Volume 2085, Poge 667, Deed Records of Den ton Counfy, Texas said 0.086 acre trod of loud being more porficulorly described os follows: COMMENCING of the intersection of fhe northerly right-of--way line of West University Drive (U. S Highway 380, a variable width righf-of-woy) and the westerly righf-of-way line of Malone Drive ~(a 60' wide righf-of-way) for the beginning of •a non-tangent curve to the righf, fhe radius point of soid curve being situated South 89'28 '36" East a distance of 1,123.53 feet from said intersection point; THENCE with fhe westerly righf-of--way line of Malone Drive Northeasterly along said curve through o central angle of 04'48'57" an arc distance of 16.00 feef with a chord bearing of North 00'55'53" East and o chord disfonce of 16.00 feef to fhe northeasterly comer of a 16 foot wide ufilify easement occording fo fhe plat of said tot 2, Dobson Addifion far fhe POINT OF BEGINNING; THENCE with the northerly line of said 16 foot wide ufilify easement Narfh 89'28'36" Wesf a disfonce of 188.07 feef fo a point in fhe easterly line of Lot 1, said Dobson Addition; THENCE departing the northerly line of said )6 foot wide utility easement with the eosterly line of -said l.of 1, Dobson Addition North 00'40'24" Easf a disfonce of 20.00 feef to o point for corner; THENCE departing the eosferly line of said Lot 1, Dobson Addifion 20 feef north of and parallel wifh fhe northerly tine of said 16 foot wide utility easement South 89'28'36" East a distance of 188.48 feef to a point in fhe westerly righf-off woy line of Malone Drive in anon-tangent curve to the left, fhe radius point of said curve being situated South 88'39 '38" Eosf o disfonce of 1,123.53 feef from soid point; THENCE with the westerly righf-of--way line of Malone Drive Southwesterly along said curve through o central angle of 01'01'13" an arc distance of 20.0) feet with o chord bearing of South 01'50'58" Wesf and a chord distance of 20.01 feef to the POINT OF BEGINNING; CONTAINING o computed area of 0.086 ocres (3, 765 square feet) of loud. NOTE: The beorings recited herein ore based upon the Texas Coordinate Sysfem of 1983, North Cenfrol Zone. f r ~ = x tr' • • ~ ' - E it ~i t - f• r ! ~tif~ k s v s'{Y~ , 1 ~ ~ ~ u ~ +c. I! 1 ~ 3"4 Page 1 of 2 20' WIDE TEMPORARY CONSTRUCTION EASEMENT ~~o~ c~aa ~ sine goo ~ Fo~twalh, nc ~6~07 PORTION OF t~: e~ ~ s~6•~ ~ z~ ~ r~ e~ 7-ss~-~as~ LOT 2 A plat of even date accompanies DOBSON ADDITION this metes and bounds descri Lion VOLUME 1fi, PAGE 1G P CITY OF DENTON August 20, 2007 DENTON COUNTY, TEXAS 2~~6~Zg EXHIBITA 15 OF 26 1 ~ ~ T~ E3 METES AND BOUNDS DESCRIP pON BEING a a 043 acre tract of land sifuoted in the R. Beaumont Survey, Abstract Number 31, Denton Counfy, Texas, in fhe City of Denfon, being o portion of Lat 1, Dobson Addition, according fo the plaf recorded in volume 16, Page lfi, Plat Records of Denfon County, Texas, also being a portion of the Tract of land described in fhe deed to Williom E. Tran tham recorded in volume 4390, Page 2436, Deed Records of Den ton County, Texas said 0.043 acre Tract of land being mare particularly described as follows: COMMENCING at a point in the northerly right-of-wQy line of West University Drive (U. S. Highway 380, a varioble width right-of way) for the southwesterly corner of Lot 2, said Dobson Addition; THENCE with the westerly line of said Lof 2, Dobson Addition North 00'40'24" Easf a distance of 16.00 feet to a point in fhe northerly line of a 16 foot wide utility easement according fo the plat of Dobson Addition for fhe POINT OF BEGINNING; THENCE with the northerly line of said 16 foot wide utility easement North 59'28'36" West a distance of 94.05 feet to a point in the easterly line of the trod of land described in fhe deed to Raynor Investments, Ltd recorded in Document Number 2006-33433, Deed Records of Den ton Counfy, Texas; THENCE departing the northerly fine of said 16 foot wide ufilify easement with the easterly line of said Rayzar Investments, Ltd tract North 00'40'24" Easf a distance of 20.00 feet tv a point for corner; THENCE departing the easterly line of said Raynor Investments, Ltd trod 20 feet north of and parallel with fhe northerly line of said 1fi foot wide ufilify easement South 89'28'36" Easf a distance of 94.05 feet to a point in the westerly line of said Lof 2, Dobson Addition; THENCE with fhe westerly line of said Lot 2, Dobson Addifion South 00'40'24" West a distance of 20.00 feef to fhe POINT OF BEGINNING; CONTAINING a computed area of 0.043 ocres (1,881 square feet) of loud. NOTE• The bearings recited herein ore based upon The Texas Coordinate System of 1983, North Cenfrol Zone. . 1~ ~ .I 'Grs_ r, ly.~t~AJ r ° '1 :'i F ~r n ~,.`'f P 'arm. ~ ~r ~ f i~ t 4"J t'~~ Y Page ~ of 2 20' WIDE TEMPORARY CONSTRUCTION EASEMENT ~~o~ Merrfmoc circle ~ s~1+e too ~ Fo~wrorlh, tx ~b~o~ PORTION OF tel: a~ 7-ss~•~ > zi ~ t~ e~ i-~saas~ LOT 1 A plat of even date occompanies DOBSON ADDITION this metes and bounds descri Lion VOLUME 1 fi, PAGE 16 P CITY OF DENTON Auqust 20, 2007 DENTON COUNTY, TEXAS ~ooso29 ' EXHIBIT A 16 Of 2fi 6m ~2 TES METES AND BOUNDS DESCRIP 170N BEING o 0.051 vcre tract of land situated in the R. Beoumonf Survey, Abstract Number 31, Denfon County, Texas, in the City of Denton, being o portion of Lof 1, Block 1, M, D. Adkins Addition, according to fhe plot recorded in Cabinet 1, Page 312, Plvt Records of Denton County, Texas, also being a portion of the tract of lend described in fhe deed to Toco Bell Of Americo recorded in Volume 4171, Page 728, Deed Records of Denfon County, Texas said 0.051 vcre tract of land being more particularly described as follows: COMMENCING of v point in the northerly right-of--way line of West Universify Drive (U. S Highwvy 380, a variable width .right--of wvy) for fhe southwesterly corner of svid Lof 1, Block 1, M. D. Adkins Addifian; THENCE with the easterly line of sold Lot 1, Block 1, M. D. Adkins Addition North 00'4704" East o distance of 20.00 feet to the northwesterly corner of v 20 foot wide utility easement according to fhe p/a~ of said Lot 1, Block 1, M. D. Adkins Addition for the POINT OF BEGINNING; THENCE continuing with the easterly line of said Lof 1, Block 1, M. D. Adkins Addition North 00'47'04" Evsf a distance of 20.00 feet fo a poin t for corner; THENCE departing fhe easterly line of said Lot 1, Block 1, M. D. Adkins Addition 20 feef norfh of and parvllel with fhe northerly line of said 20 foot wide ufility eosement South 89'28'36" Evsf v distance of 110.00 feef to a point in o westerly line of said 20 foot wide ufility eosement; THENCE with fhe westerly line of said 20 foot wide ufility eosement South 00'47'04" West a distance of 20.00 feef to a point in fhe northerly line of sold 20 foot wide ufility easement; THENCE departing the westerly line of svid 20 foot wide ufility eosement with the northerly line of said 20 foot wide utility easement North 89'28'3fi" West a distance of 110.00 feet fo the POINT OF BEGINNING; CONTAINING a computed vreo of 0.051 acres (2,200 square feet) of land. NOTE. The beorings recited herein are bused upon the Texas Coordinate Sysfem of 1983, North Genfral Zone. ~g ~ ~ r -a.. ~ } Y ' iS r: ~ r F ~ r ` / f I ! ~ i:~ir';,}~f: r_fr ti is f-:~(i i:L►.~~a + ~E.LII~i,;`+.~4lE! ~f ~ R.a~sii~~ ~ w _ fit~{ ; ~ ~ 1 1 :i : ~ ' ~ 8 a,o~~ s ~ '1 `ix ` ~ . ,ter f,r Page 1 of 2 2O' WIDE TEMPORARY CONSTRUCTION EASEMENT ~so~ Merrimac t~rde ~ s~ rod;w~orm, Tx ~6~01 PORTION OF Tel: a»-sss-i~z~ ~ ~ $»-ssb-~as~ LOT 1, BLACK ~ A play of even date accompanies M• D. ADKINS ADDITION this metes and bounds descri Lion CABINET I, PAGE 312 A CITY OF DENTON August 20, 2007 DENTON COUNTY, TEXAS 2006029 EXHIBIT A 17~JF26 I I ~3 UE3~ METES AND BOUNDS DESCR1PT/0N BEING a 0.315 acre froct of land situated in the R. Beaumont Survey Abstract Number 31, Denton County, Texas, in the City of Denton, being o portion of fhe tract of land described in the deed to M. Douglos Adkins and Lee Roy Mi#chell recorded in Document Number 93-22220, Deed Records of Den ton County, Texas said 0.315 acre trac# of fond being more particularly described as follows: BEGINNING at the intersection of the northerly righf-of--way line of West Universify Drive (U. S Highwoy 380, a voriable width right-of-way and the easterly right-of--way line of Gay Drive (0 50' wide .right-of-woy) for the southwesterly corner of said Adkins and Mitchell tract; THENCE with fhe easterly right-of--way line of Gay Drive Norfh 00')7'24" Eost o distance of 20.00 feet to o point for corner; THENCE deporting the easterly right-of-woy line of Gay Drive South 89'28'36" East a distance of 496.12 feet to a poin t for corner; THENCE North 45'47'04" East o distance of 71.04 feet to o poin f for corner, THENCE South 89'28'36" East o distance of 68.42 feet fo a point in the westerly line of Lot 1, Block 1, M. D. Adkins Addition, an addition to the Cify of Denton according to fhe plat recorded in Cobinef 1, Poge 312, Plot records of Denton County, Texos for the northwesterly corner of o 20 foot wide utility easement according to sold Lot 1, Block 1, M. D. Adkins Addition; THENCE with the westerly line of said Lof 1, Block 1, M. D. Adkins Addition and fhe westerly line of sold 20 foot wide utility eosement South DD'4T04" West a distance of 20.00 feet fo a point in fhe northerly right-of--way line of West University Drive for the southwesterly comer of said Lot 1, Block 1, M. D. Adkins Addition; THENCE departing. the westerly line of Lot 1, Block M. D. Adkins Addition and the westerly line of said 20 foot wide utility eosement with the northerly right-of woy line of West Universify Drive fhe following: .North 89'28'36" Wesf a distance of 64.99 feet. to a poin t for comer; South 00'4704" West a distance of 50.00 feet to a point for corner; North 89'28'36" West a distance of 549.60 feet to the POINT OF BEGINNING; CONTAINING a computed area of 0.3)5 ocres (13,721 square feet) of land. NOTE: The bearin recited herein are bused upon fhe Texas Coordinate System of 1983, Norfh Central Zone. ~f`~•=~~`~ C~~~ ~~~~j~~^ o E~; ~ ~ ~ ~y ~ ~ti bi~~S~QF.~340'.!C&L4j~al~ft~`:c4J 1 0ot~ se3eooraa4;:c~:u~;,a ~lt t ~ e ' a t~~ ~ tit>' e ~ r a r ^ ~i ~ .,~,t't "a ~ z°~crcac 't~,t J -f, Lam' , 1,~ VARIABLE WIDTH UTILITY EASEMENT ~~o~ McMrnac aide • ~Ita too • kxtw►orm, tx ~b~o~ PORTION OF tee; e»-3sb-~t21 • Faoc 81]-336~1~9~ M. DOUGLAS ADKINS A plaf of even dote accompanies & LEE ROY MITCHELL this metes and bounds descri fion DOCUMENT NUMBER 93--22224 P CITY OF DENTON May 22, 2008 DENTON COUNTY, TEXAS 2oosa29 EXHIBIT A ~ u n~ ~a ~ V V~ f.V LM ®zs ~ 3 T E~ METES AND BOUNDS DESCRIPTION BEING a 0.292 tract of loud sifuofed in the R. Beaumont Survey, Abstract Number 31, Den ton County, Texas, in fhe City of Denton, being a portion of ~ the tract of fond described in the deed to M. Douglas Adkins and Lee Roy Mitchell recorded in Document Number 93-22220, Deed Records of Denton County, Texos sold 0.292 acre tract of land being more porficulorly described as follows: COMMENCING of the intersection of the northerly righf-of--way line of West University Drive ~U. S. Highwoy 380, o variable width right-af--way} and the easterly right-of-woy line of Gay Drive (0 50' wide righf-of-way} for the southwesterly corner of said Adkins and M►tcheli trod; THENCE with the easterly righf--of--woy line of Goy Drive North DO'~7'24" Easf a distonce of 20.00 feet to the POINT OF BEGINNING; THENCE continuing with the easterly right-of--way line of Gay Drive North 00'1 T24" Easf o disfonce of 20.00 feet to a poin f for corner; THENCE departing fhe eesferly righf-of--way line of Gay Drive Soufh 89'28'36" Eosf o distance of 487,97 feet fo a poin t for corner; THENCE North 45'4704" East o distance of 71.04 feef fo o poin t for corner; THENCE South 89'28'36" Easf a distonce of 76.75 feef to a point in fhe wesferly line of Lof 1, Block 1, M. D. Adkins Addition according fo fhe plot recorded in Cabinet 1, Page 312, Plaf Records of Denton County, Texas; THENCE with the westerly line of said Lof Block 1, M. D. Adkins Addition Soufh 00'47'04" Wesf a distance of 20.00 feef to a, poin t in fhe northerly righf--of-wQy line of Wesf University Drive for fhe northwesferly corner of o 20 foot wide ufrlrfy eosemenf according to sord Lof 1, Block 1, M. D. Adkins Addifion; THENCE departing fhe wesferly Line of soid Lof 1, 81ock 1, M. ~D. Adkins Addifion with fhe northerly righf-of woy line of Wesf University Drive North .89'28'36" Wesf a distance of 68.42 feet fo a point for corner; THENCE .Soufh 45'47'04" Wesf a distance of 71.04 feef to a point for corner; THENCE North 89'28'36" West o distonce of 496.12 feet fo the POINT OF BEGINNING; CONTAINING a computed area of 0.292 acres X12,712 square feef) of land. NOTE.• The bearin s recited herein are based upon fhe Texas Coordinate System of 1983, North Central Zone. r ~;EST~~~ ~`d~,Yi rs R ~t ~ ~ ~ ~ ~ o i, ~ ~ $~oas~rstee~3saaasa~ea~f AGbfi 6a&eac;cocsa4roEE~~ao ~t ~ i;v`i. r Ga ~ ~.f 4~ a ~~~~4~~i>a e •.3 ~ ~y•~ ~ 1 20 WIDE TEMPORARY CONSTRUCTION EASEMENT 1601 Merrlrnac tie • see 100 • Fatw~orth, >x 76107 PORTION OF Tei: 817-336-1121 • ~c 817.336.7497 M. DOUGLAS ADKINS A plat of even dale accompanies & LEE ROY MITCHELL phis metes and bounds description DOCUMENT NUMBER 93-22220 CITY OF DENTON May 22, 2~D8 DENTON COUNTY, TEXAS 2006029 ExHia~T a 19 QF 26 i i ~4 T~E3~ ~ C;t~r ~r ~~~o~ ~i} e p~~ s~~ toy ~ ~~~urfl~ I~,. ~fo ~ Ric-a~~ .P~ T~ o t~'r~~ ~ #r~ . ~ ~~~~r }`Q.x~~ said 0 d~tr a~x`~ trod o~ ~ o~o~'o p~~l~~ d~~,~ ~s f~tf~ i+. ~ n~ Q ~n~# ~ the ~f ~ ~ ~ o ~vid~h right-gf-~r~Y~ t`r~,r ~p.~~h~~~ ~~'~t' of ~ ~r~mt ~ t~ ~#y trrto of t~ ~ ~ ► if ~ o~sorr~d ~ # ~r~t rd~ ~ >~o~~ ! i~fi~~~~"' canf~rc►:~r~ +~if~ tie ~as~~~ cif ~f t ~ o oI ~f~t ' f~# to ~ ~~~t C4m~t~ ~ ~~~f~~ ~r~e s¢~f t~~~ t~ ~c~l~~ ~d~~~t~~ t ~ cif ,rr~~ ~ ~~r~~r1~ a,'n~r of t$ Imo; ur~r#y ~c~r~~i d dt.~~x~c~ ~~5~ ~o ~ f ~ tt;,~ ►~~.st~:l~ r1~t~QfT~,~ t~rr~ t~~ ~ ~~t~ ~D3~ol~ ~ ~r~-~a~-~~~~: `~~Ct` ~ff~ ttr~ ~~f~l~ rr'~I►~#--~t-~~~q~ t~~.' ~ $o~il~~? ~ ~ d~'~G~~ o.~ 1~~ ~ t~ tt~~ rrt~h~sferfy ~cor~~t ~f 1~ f ~ ~~1~r1t~ ~q~int; ~~par~ fl~~ ►~s~~y r~~fi#-:off-~a~ rah ~ t~ f ,~~~1~ s~~~' ~ ~ ~og~~~~ ~~r#h CSC ~ ifs#~~ ~ t i$ ".h~'~ . i 1 • ~ ~ i A` f . J( ! is ~ r 1 191. fC ;~i•n{;L j s •i • =~~•;l.•~f~+!-std ~ l'l s r {j # a4 ~.3 a~~ } ~ F ~ i•~ r i ' 4,yY . . ~ ` ~ , 3l''~ t: r ~r r = ~ tf J`;~~ r - j~ ' ~ •1 IM i i ~ ~~T - . ~t t - ~ E~HIBiT A zo aF Zs i i ~ ~ U E4~ METES AND BOUNDS DESCRIPTION BEING a 0.004 acre tract of fond situated in fhe R. Beaumont Survey, Abstract Number 31, Denton County, Texas, in fhe City of Denton, being a portion of Lof 1, Block 1, P.I.A./F. T.M. Subdivision, according to fhe plot recorded in Cabinet F, Page 251, Plat Records of Denton Counfy, Texas, also being a portion of fhe tract of fond described in the deed to Peter C. Kern recorded in Document Number 96-0034116, Deed Records of Denton County, Texas said 0.105 acre tract of land being more particularly described ,as follows: BEGINNING at a point in the northerly right-of--way line of West University Drive ~U. S. Highway 380, a variable , width right-of--way) for the southeasterly corner of the tract of land described in the deed to Goodwill Industries Of Fort Worth ~ recorded in ~ holurne 3030, Page 682, Deed Records of Den tan County, Texas; THENCE with the easferly line of said Goodwill Industries Of Fort Worth tract North 00'47'31 " East a distance of 20.00 feet to o point for corner; THENCE departing fhe easterly line of said Goodwill Industries Of Fort Worth tract South 89'06'43" Easf a distance of 8.26 feet fo a point in the westerly line of a utility/access easement according to the plot of said Lot 1, Block 1, P.I.A./F. T.M. Subdivision; THENCE with the westerly line of said utility/access easement South 00'47'31 " West o distance of 20.00 feet to a point in the northerly right-of--way line of West University Drive; THENCE departing the westerly line of said utility/access easement with the northerly right-of--way line of West University Drive North 89'06'43" West a distance of 8.26 feet to the POINT OF BEGINNING; C4NTA1NING a computed ores of 0.004 acres X165 square feet) of land. NOTE: The bearings recited herein are based upon the Texas Coordinate System of 1983, North Central done. T oars*ee " ~iSTFR ~Oa~~~ ~op~c~~ ~ ° e t ~ ` 4~trAtrtsR6lrt1300~9~Qri0~DC ca~ooaa~aceaaaeoasaosc• ~ a e ~ ~ 4 ~~51 QR►,e o a ~ r ~ `e ~~ss+a~. a°0° ~ ~U ~t Page 1 of 2 ~ 20' WIDE UTILITY EASEM NT E PORTION OF 1601 Mettlrrtac Cb~de ~ Sulte ~ 00 ~ Fott Worth, TX 76107 T~: ei7-sa6•ii~j ~ ~ eel-s~~.l~sl LOT 1, BLOCK 1 P.I.A./F.T.M. SUBDIVISION A plat of even dale accompanies CABINET F, PAGE 251 this metes and bounds description CITY OF DENTON October 2, 2x07 DENTON COUNTY, TEXAS 2006029 EXHIBIT A 21 QF 2fi i i ~ ~ ~ E4~ ~ METES AND BOUNDS DESCRIPTION BEING a 0.086 ocre tract of land situated in the R. Beaumont Survey, Abstract Number 31, Denton County, Texos, in the City of Denton, being a portion of Lof 1, Block 1, P.LA./F. T.M. Subdivision, according to the plot recorded in Cabinet F, Page 251, Plaf Records of Denton County, Texos, also being a portion of the tract of land described in the deed to Peter C Kern recorded in Document Number 96--0034116, Deed Records of Den ton County, Texas soid 0.086 acre tract of land being more particulorly described as follows: BEGINNING of the point of intersection of the norfherly right-of way line of West Universify Drive (U. S Highway 380, a vorioble .width, right-of-woy) and with the westerly line of Lot 1, Block 1, Ace Addition, occording to the plat recorded in Cabinet C, Page 330, Plof Records of Denton County, Texos for fhe southeasterly corner of said Lof 1, Block 1, P.LA./F. T.M. Subdivision; THENCE with fhe northerly right-of-woy tine of West University Drive North 89'06'43" West a distance of 85,50 feet fo the southeasterly corner of 1fi foot wide utility easement according to the plat of said Lot 1, Block 1, P.I.A./F. T.M. Subdivision; THENCE deporting the northerly right-of. way line of West University Drive with the easterly line of soid 16 foot wide utility eosemenf North 01'35'19" East o distance of 16.00 feet to the northeasterly corner of said 16 foot wide utility easement; THENCE deporting the eosterly line of said 16 foot wide utility eosement with the northerly line of said 16 foot wide utility easement North 89'06'43" West a distance of 16.00 feet to the northwesterly corner of said 16 foot wide utility easement; THENCE departing the northerly line of soid 16 foot wide utility evsemenf with the westerly line of said 16 foof wide utility easement South 01'35'19" West a distance of 16.00 feet to a point in the northerly right-of--woy line of West Universify Drive for fhe southwesterly corner of said 16 foot wide utility easement; THENCE deporting the westerly line of said 16 foof wide utility eosement with the northerly right-of-way line of West University Drive North 89'06'43" West a distance of 97.95 feet to the southeasterly comer of a ufilify/occess easement according to the plat of said Lot 1, Block 1, P.LA./F. T.M. Subdivision; THENCE departing the with the northerly right-of--way line of West University Drive with the easterly fine of said utility/occess easement North 00'4T31" East a distance of 20.00 feet to a point for corner; THENCE deporfing the easterly line of soid ufilify/occess eosement South 89'06'43" East a distance of 199.44 . feet fo o point in the westerly line of said Lot 1, Bock 1, Ace Addition; THENCE with the westerly line of said Lot 1, Bock 1, Ace Addition South 00'47'31 " West o distance of 20.00 feet fo the POINT OF BEGINNING; CONTAINING a compu fed area of 0.086 acres (3, 733 square feet) of land. NOTF• The bearings recited herein ore based upon the Texas Coordinate System of 1983, North Central .Zone. Page 1 of 2 20' 1NIDE UTILIT Y EASEMENT PORTION OF 1601 Meriirrrac C~cte • State 100 • ~ottWkxm, TX 76107 T~: 617 ss6-1121 • ~ e»•9s6aas7 LOT 1, BLOCK 1 P.I.A./F.T.M. SUBDIVISION A plat of even date accompanies CABINET F, PAGE 251 this metes and bounds description CITY OF DENTON September 7, 2007 DENTON COUNTY, TEXAS 2006029 EXHIBIT A 22 aF 2& i i . ~ ~ TE4~ METES AND BOUNDS DESCRIPTION BEING o 0.1 D5 acre frocf of land situof ed in the R. Beaumont Survey, Abstract Number 3f, Den ton County, Texas, in fhe City of Denton, being a portion of Lot 1, Block 1, P.LA./F. T.M. Subdivision, according fo fhe plaf recorded in Cobinet F, Page 251, Plot Records of Denton Counfy, Texas, olso being a porfion of fhe frocf of land described in fhe deed to Peter C. Kern recorded in Documen f Number 96--0034116, Deed Records of Den ton Counfy, Texas said 0.105 acre frocf of land being more particularly described os follows: COMMENCING of a point in fhe northerly right-of--way line of West University Drive (U. S Highway 380, a varioble width right-of way) for the southeasterly corner of the tract of land described in the deed to Goodwill Industries Of Forf Worth recorded in Volume 3030, Page 682, Deed Records of Denton Counfy, Texas; THENCE with the easterly -line of said Goodwill Industries Of Fort Worfh frocf North 00'47'31 " East o distance of 20.00 feet fo the POINT OF BEGINNING; THENCE continuing with fhe easterly line of said Goodwill Industries Of Forf Worth frocf Norfh 00'47'31" Easf a .distance of 20.00 feet fo a point for corner; THENCE departing fhe easterly line of said Goodwill Industries Of Forf Worfh frocf South 89'06'43" East a distance of 227.70 feet fo a point in the wesferly line of Lof 1, Block 1, Ace Addition, occording to the plat recorded in Cobinet C, Page 330, Plaf Records of Denton County, Texas; THENCE fhe wesferly line of said Lot 1, Block 1, Ace Addition South 00'47'31 " Wesf o distance of 20.00 feet to a point for corner; THENCE deparfing fhe westerly line of said Lof 1, Block 1, Ace Addition North 89'06'43" West a distance of 227.70 feet to fhe POINT OF BEGINNING; CONTAINING a computed area of 0.105 acres (4,554 square feet) of land. NOTE The bearings recited herein are based .upon the Texas Coordinate System of 1983, Norfh Central Zone. g~ t_ ~ ~ .:i~ rfc'" 8 4X ~ L•~ ~ R i r 4 ' 1': tit ~ F.i cc.,.~:kc.~c:::~~aecHK,~aQ .~'f' 1 i t r. . i 1 ti 0~V1~ `F o ti -`4 `•.t ~ ~ ~ sew ~ ~jy `ti..~~ rf ~tr'/ P .Page 1 of 2 ~ ~ , '1r 20 WIDE TEMPORARY CONSTRUCTION EASEMENT 1601 Merrkrtiac c;~cle ~ Stdf~e►100 ~ F~rtworlh, Tx 16101 PORTION OF Tel' st r-~s6~~ X21 ~ ~c 8~ ~~~s~-~a~~ LOT 1, BLOCK 1 A p1Qt of even dote accomponies P•I.A./F.T.M. SUBDIVISION this metes and bounds description CABINET F, PAGE 251 CITY OF DENTON August 20, 2407 DENTON COUNTY, TEXAS 2006029 EXIiIBIT A 13 QF 26 L I v T~E4~ METES AND BOUNDS DESCRIPTION BEING o 0.046 acre tract of land situated in the R. Beaumont Survey, Abstract Number 31, Denton County, Texas, in the City of Denton, being a portion of Lot 1, J. H. Briscoe Addition, occording to the plat recorded in Volume 16, Page 35, Plot Records of Denton County, Texas, also being a portion of fhe trod of land described in the deed to Jimmy D. McLeod recorded in Volume 1531, Page 945, Deed Records of Denton County, Texas said 0.046 acre tract of land being .more particularly described as follows: COMMENCING of a point in the northerly right-of--way line of West University Drive (U. S Highwoy 380, a voriab/e width right-of-woy) for the soufheosterly corner of the fracf of fond described in fhe deed to David Fulton, Trustee recorded in Document Number 2006-58344, Deed Records of Den ton .Coon ty, Texas; THENCE with the easterly line of said David R. Fulfon, Trustee fracf North 00'47'31" East a disfance of 16.10 feet to a point in fhe norfherly line of o 16.10 foot wide ufilify easement described in fhe instrument recorded in Volume 803, Page 95, Deed Records of Denfon County, Texas for fhe POINT OF BEGINNING; THENCE continuing with fhe easterly line of said David R. Fulton, Trustee fracf North 00'47'31 " Easf o disfance of 20. DO feet to o poin t for corner; THENCE departing the eosferly line of said David R. Fulfon, Trustee tract, 20 feet north of and parallel with the norfherly line of soid 16.10 foot wide utility easement South 89'06.'43" Easf a distonce of 100.00 feet to o point in a .westerly line of the tract of land described in the deed to Goodwill Industries Of Fort Worth recorded in Volume 3030, Page 682, Deed Records of Denfon Counfy, Texas; THENCE with the westerly tine of said Goodwill Industries Of Fort Worth fracf South 00'47'31 " Wesf a disfance of 20.00 feet to the northeasterly corner of said 16.10 foot wide ufilify easement; THENCE departing the westerly line of said Goodwill Industries 0f Fort Worth fracf with the norfherly line of soid 16.10 foot wide ufilify easement North 89'06'43" West a disfance of 100.00 feet fo the POINT OF BEGINNING; CONTAINING a computed areo of 0.046 acres (2,000 square feet of land. NOTE.• The bearings recited herein are based upon the Texas Coordinate System of 1983, North Cenfral Zone. ~ ~ N~ ~ a e o n `r:. 1~ ~ ~ ~ f`~ ~f~ Q ~F 1i ~t ~ e ~i 'f ~ ~ ~ i 0 ~ ~ s ~ 4 ~ e~au~•eno~~ac.~e4~e:s~~2 @ a ~E~~~~~ f l~~►s`~~~~ ~ 6EQ~P~:8~,~~~~e8v4f~^5d~0A ~ E 41i.~ ~ , d f ~r ~ecac~ 'aT~'+ Ef M 'L. Y . Page 1 of 2 ' 24 WIDE TEMPORARY CONSTRUCTION EASEMENT trot r~eRr,nac c~cie • surr~ too • Fortw~orih, tx ~6to~ PORTION OF t'el: 8t 7-33b-t 121 • f~c 811.396-1431 LOT i A plat of even date accompanies J. H. BRISCOE ADDITION this metes and bounds description VOLUME 1fi, PAGE 35 CITY OF DENTON August 20, 2007 DENTON COUNTY, TEXAS ~oo6ozg EXHIBIT A 24 QF 26 L ~l UE~~ , ~ro~essio~nt~ .~G~c~ ~u~reyoxs P.4. Box 54 ~ Lewisville, Texas 75Q67 office: X972) 221-9439 ~ Fax: ~972~ 221-4675 ~0' UTIL,ITY EASEMENT 0.425 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Robert Beaumont Surve , Abstract Number 3 I Ci of Denton Denton Coun y tY ty, Texas, and being a part of that certain tract of land described in deed to Custom Designs,lnc., recorded under Document Number 2002- R0113152 of the Real Property Records of Denton County, Texas, and being more particularl Y described as follows: BEGIl'+1NIhtG at a %2 inch iron rod set with cap stamped "ART BUR SU~VEYI11 ~G COMP~iNy" at the northeast corner of Lot 15, Block B of Westchester Park Addition, an addition to the C' of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 2, Pa e 136 of g the Plat Records of Denton County, Texas, and being in the south Line of that certain tract described in deed to Dean C. Layh, D.V.M., recorded in Volume 253 Page 968 of the Deed . Records of Denton County, Texas, and being the most westerly corner of said Custom Desi s tract; ~ ~ THENCE South 89 degrees 33 minutes 51 seconds East, with the south line of said Layh tract and passing at a % inch Iron found at ~a distance of 11.69 feet and continuing for a total distance of 125.49 feet to a point for corner in the west line of Malone Street having a 60.00 foot wide ri 1- t of-way, THENCE South 00 degrees 45 minutes 46 seconds west, with the west Iine of said Malone Street, a distance of 10.00 feet to a point for corner thereof, THENCE North 89 degrees 33 minutes S l seconds west, over, across and through said Custom Designs bract, a distance of 118.04 feet to a point for corner in the east line of said Lot 15; THENCE North 36 degrees O1 minute ~51 seconds west, with the east line of said Lat 15, a distance of 12.43 feet to the POINT QF BEGIr►~ING, and containing 0.028 acres of land, mare or less. k ~ i~ ; r s ~ s>e.as •►~o.r~.n• , `ry- t •.s..l. ~ O.• ♦ w0....• . pp.. • •.f .y ~ • ~ .f ~ V: Q ~~a •r.~~ c:1200ncadlhwy 380 util retoeate-63D~43517,64{}Q355371docslesmtl8-a.doc EXHIBIT A nc na LV VI 4V 6m ~ T~ E4~ ~'ro~essio~~ ~ Se,~roxs P.+~. Bax 54 ~ Lewisville, Texas 75067 office: (972} 221-9439 ~ Fax: f 972} 221-4675 10' TEMPORARY CONSTRUCTION EASEMENT O.Q26 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lat, tract or parcel of land situated in the Robert Beaumont Survey, Abstract Number 3 1, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Custom Designs,. lnc., recorded under Document Number 2002- RO113152 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGIl~IING at a '/z inch iron rod found at the southeast comer of that certain tract of Land described in deed to Dean C. Layh, D.V.M., recorded in Volume 2531, Page 968 of the Deed Records of Denton County, Texas, and an easterly corner of said Custom Designs tract; THENCE North O1 degree 51 minutes 57 seconds East, with the east line of said Layh tract, a distance of 14.00 feet to a pomt for corner, THENCE South 89 degrees 33 minutes 51 seconds East, over, across and through said Custom Designs tract, a distance of 113.61 feet to a point for corner in the west line of Malone Street having a 60.00 footwideright-of-way; THENCE South 00 degrees 45 minutes 46 seconds west, with the west Tine of said Malone Street, a distance of I O.OQ feet to a paint for corner thereof; THENCE North 89 degees 33 minutes 51 seconds west, over, across and through said Custom Designs tract, a distance of 113.50 feet to the POINT OF BEGEVNIlV~G, and coat ' ' .026 acres of land, more or Less. ~ ~ 'Q,~ `'~1S T~~'~~ 9 ~J ,E tw f . • ......a......• a r...►..a a E•~~.~ . f...JH.ra ra • • • . ~ c:120071codlt~wy 380 util relocate-63004351?,d400355371docslesmtl8-adoc EXHIBIT A ~a n~ ~,v v~ w 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 October 13, 2008 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, and after convening an Open Meeting, the Chair of the Public Utilities Board convened 7 into a Closed Meeting on Monday, October 13, 2008 at 9:00 a.m. in the Service Center Training 8 Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, and Bill Grubbs 11 12 Absent: John Baines and Randy Robinson, both excused 13 14 Ex Officio Members: 15 George C. Campbell, excused 16 Howard Martin, ACM Ut111t1eS 17 18 Chair Charldean Newell announced that a quorum was present and convened into a closed 19 meeting at 9:00 a.m. to consider the following under the provision of §551.072 of the Texas 20 Government Code. 21 22 At 9:11 a.m., the Chair declared the closed meeting ended and announced that the Public 23 Utilities Board was thereafter in open session. 24 25 OPEN MEETING: 26 27 CONSENT AGENDA: 28 The Public Utilities Board has received background information, staff's recommendations, and 29 has had an opportunity to raise questions regarding these items prior to consideration. 30 31 32 1) Consider recommending approval of an ordinance authorizing the City Manager or his 33 designee to execute a Real Estate Contract between the City of Denton and Keira Franklin, 34 and any other documents necessary to acquire an approximate 0.257 acre tract of land located 3 5 in the Gideon Walker Survey, Abstract Number 13 3 0, Denton County Texas and being the 36 remainder of a parcel of land conveyed to Randy C. Snider, by deed recorded under County 37 Clerk's File Number 96-R0016095, Real Property Records, Denton County, Texas. 38 39 2) Consider a recommendation of approval of an Ordinance authorizing the City Manager or his 40 designee to execute an Easement Purchase Agreement between the City of Denton and South 41 Stemmons Property Group, Ltd., and any other documents necessary to acquire easements of 42 approximate 0.526, 0.253, 0.089, 0.128, and 0.128 acre tracts of land located in the Robert 43 Beaumont Survey, Abstract Number 3 1, Denton County Texas, said tracts being part of a 44 parcel of land conveyed by Margaret Porter to South Stemmons Property Group Ltd., by 45 deed recorded under County Clerk's File Number 2002-R0145810, Real Property Records, 46 Denton County, Texas. 47 48 3) Consider a recommendation of approval for the City Council to adopt an ordinance of the 49 City of Denton, Texas approving Bid No. 4115 for the sale of approximately .6887 acres of 50 land situated in the R. Beaumont Survey, Abstract Number 3 1, Tract 115, which real 51 property was conveyed to the City of Denton, Texas on December 19,1944 by deed recorded Public Utilities Board Agenda October 13, 2008 Page 2 of 2 1 in Volume 31 1, Page 115, Deed Records, Denton County, Texas; providing the City 2 Manager with authority to execute a deed to Eagle Farms, Inc., the successful bidder, 3 together with any other documents necessary to sell and convey said real property. 4 5 4) Consider a recommendation of approval to the City Council of an ordinance authorizing the 6 City Manager or his designee to execute Easement Purchase Agreement(s) by and between 7 the City of Denton, Texas and South Stemmons Property Group, Ltd., together with any 8 other documents necessary to acquire easements of five tracts of land, being approximately 9 0.526, 0.253, 0.089, 0.128, and 0.128 acre tracts of land located in the Robert Beaumont 10 Survey, Abstract No. 3 1, City of Denton, Denton County Texas; said tracts being part of a 11 parcel of land conveyed by Margaret Porter to South Stemmons Property Group Ltd., by 12 deed recorded under County Clerk's File Number 2002-R0145810, Real Property Records, 13 Denton County, Texas. 14 15 5) Consider approval of the unit prices in Bid No. 4166 from Wesco Distribution, 1705 Cypress 16 Street, Haltom City, TX 76117 to enter an annual agreement for purchase ofpre-cast 17 concrete manholes in the estimated annual amount of $109,096. 18 19 6) Consider recommending approval of Bid No. 4159 to Rinker Materials, Ltd. for the 20 manufacture and delivery of reinforced precast concrete box culverts for the Duncan Street 21 Drainage project, in an amount not to exceed $100,208.88. 22 23 Board Member Phil Gallivan moved to approve Items 1, 3, 4, 5 and 6 with a second from 24 Board Member Bill Cheek. The motion was approved by a 5-0 vote. 25 AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: Water ACM: Howard Martin, Utilities, 349-8232 SUBJECT Consider a recommendation of approval to the City Council of an ordinance authorizing the City Manager or his designee to execute Easement Purchase Agreement(s) by and between the City of Denton, Texas and South Stemmons Property Group, Ltd., together with any other documents necessary to acquire easements of five tracts of land, being approximately 0.526, 0.253, 0.089, 0.128, and 0.128 acre tracts of land located in the Robert Beaumont Survey, Abstract No. 31, City of Denton, Denton County Texas; said tracts being part of a parcel of land conveyed by Margaret Porter to South Stemmons Property Group Ltd., by deed recorded under County Clerk's File Number 2002-R0145810, Real Property Records, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (5-0). BACKGROUND This Easement Purchase Agreement includes easement acquisitions for two City of Denton CIP projects. The US HWY 3 80 Utility Relocation Proj ect consists of the replacement and relocation of existing water and sewer lines on US HWY 380, in conjunction with the upcoming State Highway expansion of US HWY 3 80 from Bonnie Brae Street to Elm Street. The North South Water Main Project consists of a 42" water line coming from existing facilities at Scripture Road going south and connecting to an existing 36" water line at Loop 288. The project will ensure adequate water supply to the western half of the City, and will comply with elevated water storage requirements of the state. Phase two of this project will extend the 42" water line to the Southwest Pump Station, which will provide additional water supply to the Southwestern portion of the City. Staff has negotiated acceptable terms for the acquisition of these easement tracts with the property owner. Staff recommends approval of the Easement Purchase Agreement. OPTIONS 1. Recommend that the City Council approve the proposed Ordinance. 2. Not recommend that the City Council approve the proposed Ordinance. 3. Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Public Utility Board July 15, 2008 City Council August 5, 2008 Public Utilities Board October 13, 2008 FISCAL INFORMATION Purchase price $293,778, and standard closing costs are estimated to be $1,500. The easement acquisition costs will be prorated between the two projects accordingly. These projects are both being constructed with revenue and utility bond funds. BID INFORMATION None EXHIBITS 1. Location Map 2. Ordinance 3. PUB Minutes Respectfully submitted, - Jimmy D. Coulter Director Water Utilities Prepared by, - 1 I 1Y I } ~ Ym h li Pamela G. England Real Estate Specialist d r - ~ I F ~~~p.~' ~ ~s„A„ °S ' ? ~ f ' ~ 7 r J ~ r~~%r.. ~8 y ~ ~ nV ~si~+ r , s ;s. I =a.. d } t 1~~ }ar a k~ §F" Y, rf t `'•a ~1r',~SF•q ^ C+ ~{k! A d yr ~P~ ~ry1 s,T s F Y #r:: ' 4 + - I. f ny t '~7 •#~~5'~•~'~ V'""F ~`i~ ~•~5 r _,•:~r 4 ~ ~ , r~~ • ~ja. ~ South Stemmons Pro ert =~~r r ~ ~ I~ P ~ r • . ~ d 7• „ V~~. ~ ~ 1yr', $ ~~~+y~'~'~ r ~rry~ e 1~~r~i' ~ ti. 4 I. f r s ~r. 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V.. _ z ~ w l 9 ORDINANCE N0.2008- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN EASEMENT PURCHASE AGREEMENT(S) BETWEEN THE CITY OF DENTON, TEXAS AND SOUTH STEMMONS PROPERTY GROUP, LTD., TOGETHER WITH ANY OTHER DOCUMENTS NECESSARY TO ACQUIRE EASEMENTS ON APPROXIMATE 0.526, 0.253, 0.089, 0.128, AND 0.128 ACRE TRACTS OF LAND LOCATED IN THE ROBERT BEAUMONT SURVEY, ABSTRACT N0. 31, CITY OF DENTON, DENTON COUNTY TEXAS; SAID TRACTS BEING PART OF A PARCEL OF LAND CONVEYED BY MARGARET PORTER TO SOUTH STEMMONS PROPERTY GROUP LTD., BY DEED RECORDED UNDER COUNTY CLERK' S FILE NUMBER 2002-R0145810, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute an Easement Purchase Agreement(s) between the City of Denton, Texas and South Stemmons Property Group, Ltd., which is attached hereto and made a part hereof as Exhibit "A" (the "Agreement"), and any other documents necessary for the acquisition of approximately 0.526, 0.253, 0.089, 0.128, and 0.128 acre easement tracts. The easements are being acquired for municipal purposes, including public utilities, and their related appurtenances . SECTION 2. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2008. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: EASEMENT PURCHASE AGREEMENT AGREEMENT dated 2008 between- South Stemmons - ~ Property Group, Ltd., ("OWNER") and the City of Denton, Texas ("CITY"). WITNESSETH: 'V~HEREAS, South Stemmons Property Group, Ltd., is the owner of a 0.526, 0,253, 0.089, 0.128, and 0.128 acre tracts of land in the Robert Beaumont Survey, Abstract Number 31, evidenced by warranty Deed recorded as document number 2002-R0145810 in the Deed Records of Denton County, Texas, said tracts being affected by the public .improvement project called the 380 Utility Relocation Project ("PROJECT"); and WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions associated with the purchase of the necessary easements for the PROJECT; NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. At Closing, the O'~UNER shall grant, execute and deliver to the CITY easements, free and clear of all liens and encumbrances, for water line, sewer, and electric, and a temporary construction traversing Owner's property, more particularly described as a Utility Easements tracts of approximately 0.526 and 0,128 acres of land and a Temporary Construction Easements tracts of approximately 0.253, 0.089, and 0.128 acres of land. All of the easement tracts herein are collectively referenced ,hereinafter as the "Easements", The conveyance instrument for the Easements being in forms and substance attached hereto as the "Utility Easement", and the "Temporary Construction Easement"; 2. At Closing, the CITY shall pay OWNER, Two Hundred Ninety Three Thousand Seven Hundred Seventy Eight Dollars and No Cents ($293,778.0°) as payment for "Easements" as Total Compensation. -The Total Compensation payment represents full and adequate consideration for all of the easement tracts contemplated herein and any improvements therein, including without limitation, any damages to the remainder of OWNER's property; 3. The Closing shall be occur in and through the office of Sendera Title of North Texas (Title Company) with said Title Company acting as escrow agent, on the date which is 60 days after the Effective Date, unless the OWNER and the CITY mutually agree, in writing, to an earlier or later date ("Closing Date"}. The OWNER shall assist and support satisfaction of all closing requirements in relation to solicitation of release or subordination of liens and encumbrances affecting the Easements, if necessary; 3$0 .Utility Project UESA,TCE5AI,TCESA2, UESB, TCE5B PgeJQ9-2b-D$ Page 1 LM • t' 4. The stipulated Total Compensation amount shall be paid by the CITY at closing to the OWNER through the Title Company. All other typical closing costs associated with this transaction shall be paid specifically by the CITY, except for OwNER's attorney's fees; 5. The date on which this AGREEMENT is executed by the last to sign of the parties shall be the "Effective Date" of this AGREEMENT; 6. This AGREEMENT constitutes the sole and only agreement of the .parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. CITY OF DENTUN By: George C. Campbell, City Manager . Date; ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS T4 LEGAL FORM: ANITA BURGESS, CITY ATTURNEY BY; 38Q Utility Project UE5A,TCE5AI,TCE5A2, UE5B, TCESB PgeJ09-26-08 Page 2 LM r OWNER: South Stemmons Property Group, By John R, Porter Member of Porter Management LLC General Partner RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of: (1} an executed copy of this Agreement. Title Company agrees to comply with and be bound by the terms and provisions of this Agreement and to perform its duties pursuant to the provisions of this Agreement including. without limitation those terms relating to compliance with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any Regulations or forms promulgated thereunder, TITLE COMPANY: SENDERA TITLE Attn: Stacie Holbert 2540 Lillian Miller Parkway Suite # 115 Denton, Texas 76210 Telephone: (940) 382-7555 Telecopy: (940) 382-7557 By• Printed Name: Title: Contract receipt date: 38Q Utility Project UESA,TCESA~,TCE5A2, UESB, TCESB Pge/09-26-08 Page 3 i i NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER 0R YOUR DRIVER'S LICENSE NUMBER. EASEMENT THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT South Stemmons Property Group, Ltd., (Grantor), whose mailing address is 2101 west University, Suite 400, Denton, Texas 76201, in consideration of the payment of the sum of Ten Dollars ($10.°0) and other good and valuable consideration in hand paid by the Ci of Denton Texas !Ci i ` receipt of which is hereby acknowledged, grants, and conveys to the City a permanent easement across the real property owned by Grantor, as described in EXHIBIT "A" and illustrated in EXHIBIT "B",attached to and incorporated into this document by reference. The grant made includes and is subject to the following: L Purpose. This easement grants to the City the right to construct, install, reconstruct, re air, p relocate, operate, and maintain waterlines, sanitary sewer lines, electric lines, and their related facilities and appurtenances, in, on, over, under and across the permanent easement. 2. Building and Structures. Grantor shall nol construct, erect or place any buildings, signs, or other permanent structures, or portions thereof, in, on, or over the permanent easement. 3. Access. For the purposes of exercising its rights, the City shall have access to the easement by way of existing public property orright-of way and not from other lands owned b Grantor outside the Y permanent easement. 4. Trees and Landscaping. Grantor shall not plant any tree upon the ermanent easement P property. City may cut, trim, or completely remove any trees or portions of trees now or hereafter located within the easement without liability to Grantor including the obligation to make further a ent to p ym Grantor. Grantor may plant shrubs, vines, grass, or install irrigation systems and other system landscape features within the permanent easement, but the City may remove all or part of any shrubs, vines, grass, or other landscape features as is necessary to construct, reconstruct, replace, repair, alter, relocate, o erate its p utility facilities or otherwise exercise its rights herein without any liability to Grantor including the obligation to make further payment to Grantor. Any area disturbed during construction shall be seeded by the City as per City of Denton project specifications. Subsidence associated with said construction will be repaired by the City of Denton in a timely manner. 5. Grantor's Rights. Grantor shall have the right to make use afthe easement for an ose Yp~ that does not interfere with the City's rights in the easement for the purposes granted, subject to the restrictions contained herein. 1 LM ti r 6. Representations. Neither party has made any representations or promises outside the written provisions of this easement document relating to the subject matter of this easement document. 7, Successors and Assigns. This grant shall run with the land and shall be binding upon the parties and their heirs, successors and assigns. Witness m hand this the ~ da of ~E y ~ y E. , 2008. South Stemmons Property Gro Ltd. By John R. Porter Member of Porter Management LLC General Partner ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY 4F DENTON § This .instrument is acknowledged before me, on this ~q ~ day of ~ 2048 PTA by John R. Porter who has the authority to sign on behalf South Stemmons Pro e Grou Ltd. as p ~ p> > Member of Porter Management, LLC, General Partner. Notary Public in and for State of Texas Accepted this ~ day of 2008 for the City of Denton, Texas (Resolution No. 91~ 073). By• Paul i~Villiamson Real Estate and Capital Support Manager 2 LM AFTER RECORDING RETURN T0: City of Denton Real Estate and Capital Support 901-A Texas Street, Second Floor Denton, Texas X6209 3 i i 4 .~'ro~essiox~a~ ,tG~c~ ~e,~ors P.O. Box 54 Lewisville, Texas 75067 Office: (972} 221-9439 Fax: (972} 22 t -4675 EXHIBIT A 1 QF 3 UTILITY EASEMENT 0.526 ACRES CITY OF DENT4N, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Robert Beaumont Survey, Abstract Number 31 in the City of Denton, Denton County, Texas and being a part of that certain tract of land described in deed to South Stemmons Property Group, Ltd., recorded under Document Number 2002~R0145810 of the Real Property Records of Denton County, .Texas and being more particularly described as follows: BEGINNING at a ~/z inch iron rod set with cap stamped "AR~'HUR SURVEYING CaMPAIVY" for the northwest corner of Lot 1, Block 1 of Rancho Vista Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet S, Page 96 of the Plat Records of Denton County, Texas being in the south line of University Drive (IJ.S, Hwy 380) having a 130 foot wide Right-of-way; THENCE South 00 degr~s 44 minutes 53 seconds hest, with the west line of said Lot 1, a distance of 20.00 feet to a point for corner; THENCE over, through and across said Sough Stemmons tract the following sip (6} courses: North 89 degrees 15 minutes 07 seconds west, a distance of 173.01 feet to a point for corner; . .South 46 degrees 06 minutes 37 seconds West, a distance of 37.21 feet to a point for corner; South 01 degree 42 minutes 03 seconds West, a distance of 27.71 feet to a point for corner; South 02 degrees 13 minutes 38 seconds West a distance of 144.54 feet to a point for corner; South 03 degrees 1 S minutes 09 seconds West, a distance of 102.49 feet to a point for corner; South OZ degrees 11 minutes 13 seconds West, a distance of 146.99 feet to a point in the north line of Emery Drive; THENCE North 89 degrees 3D minutes 57 seconds west, with the north line of said Emery Drive, a distance of 50.93 feet to a 1/z inch iron rod set with cap stamped "ARTHUR SURVEYIl~tG COMPANY" in the north line thereof and the east line of Bonnie Brae Street; c:120071codlttwy 380 trtil relocate-b300435~7,b40035S37~docs~esmt revised 2.doc LM I v EXHIBIT A ~ OF 3 .1 ~'rofessi~.rxa~ ~a,~d ~~,r~e,~ro~'s P.4. Box 54 ~ Lewisville, Texas 75067 Office: (972} 221-9439 ~ Fax: (972} 221-4675 THENCE North 00 degrees 23 minutes 15 seconds East, with the east line of said Bonnie Brae Street, a distance of 23.75 feet to a ~/z inch iron rod set with cap stamped "ARTHUR SURVEYING COMPANY" thereof; THENCE over, through and across said South Stemmons tract the fallowing five (5}courses: . North 21 degrees 58 minutes 14 seconds East, a distance of 31,49 feet to a 'Iz inch iron rod set with cap stamped "ARTHUR SURVEYING C0~'ANY"; .North 02 degrees 11 .minutes 13 seconds East, a distance of 95.49 feet to a inch iron rod- set with cap stamped "ARTHUR SURVEY~G CD~IPANY"; North 03 degrees 15 minutes 09 seconds East, a distance of 102.51 feet to a inch iron. rod set with cap stamped "A~2~rHIIR SURVEYING CD.M~'ANY"; North 02 degrees 13 minutes 3S seconds Fast, a distance of 143.99 feet to a Ilz inch iron rod set with cap stamped " SURVEYY.fNNG CDA~ANY"; North O1 degree 42 minutes 03 seconds Fast, a distance of 28.53 feet to a ~/z inch iron rod set with cap stamped "ARTHUR SURVEYING CD~IPANY" in the south line of said .University Drive; THENCE North 4b degrees Ob minutes 37 seconds East, with the south Line of said Universi . Dave, a distance of b3.26 feet to a % mch rron rod -found far corner, THENCE South 89 degrees 15 minutes 07 seconds East, continuing with the south line of said University Drive, a distance of 195.45 feet to the PAINT DF BEGINNING, and containing 0.52b acres of land, more or Less. ~f~► ~s.► ~ p. ~~yi~ ~ c~~af. t . • 4' ~ ► •7f.1• k4. i.4G,Ii►G e isaa.v..GSr►o►a►so . R c:120U71codlhwy 380 utilrelocate-630~43517,640U355371docslesmt revised Z.doc LM ,f ,1 N ~'.~.f~ssio~~ ,~~c~ ~~,~ars P.~, Box 54 ~ Lewisville, Texas 75067 ~f~ice: X972} 221-9439 ~ Fax: (9'l2~ 221-4675 EXHIBIT A 3 OF 3 2Q' UTILITY EASEMENT Vs~~V AC1WS Ra~EI~T BEAUM~NT SURVEY, ASST. N0.31 CITY ~F DENTON, DENTIN COUNTY, TExAS ~3EIN~ all that certain lot, tract or parcel of land situated in the Robert ~eaurr~ ont Survey, Abstract Number 31 in the City of Denton, Denton Coup ,Texas and bein a . ~ g part of that certa~. tract of land described ~ deed to South Sten~mans Pro e Grou p ~Y P~ LTD., recorded under Document Number 2002-80145810 of the Real Pro e Reco p rty rds ofI3enton County, Texas; and being more particularl described as follows: Y BEGINNING at a % inch iron rod set with ca stagy ed "A~~H~J~ SU 11 ~ ~ ~ ! L~ J..il Y CD~.A.NY at the northeast corner of Lot 2, Block 1 of Rancho vista Additio addition. to the City of Denton, Denton County, Texas, accordin to the lat th . g p ereaf recorded ~ Cabinet S, Page 96 of the Plat Records of Denton Co ,Texas said oint . Y p being m the south hne of University Drive ~.5. H . 38o bavin a 130 foat ' ~'Y ~ g wide Right-off way, THENCE South de ees 1 ~ minutes 07 sec ~ ~ . . ~ onds East, with the south line of sa.~d Unwerslty Dave, a distance of 2??.99 feet to the northwest corner of a 35 fo ' of wide P~ublie Utility and .Fire Lane Easement recorded in. volume SZ?~, Pa e 2744 and Yocum 5272 P e ~ e ag 2749 of the Deed Records of Denton County, Texas; THENCE over, through and across said Sauth Stemmans Pro perty Group tract the following two ~Z) courses: South 00 degrees 29 minutes 34 seconds west, with the west Line of said 35 fa of easement, a distance of20.00 feet to a point for corner; North S9 degrees 15 minutes Q7 seconds Nest, a distance of 278.Q8 feet to a int for corner in the east line of said Lat 2, THENCE North 00 degrees 44 minutes 53 seconds East, with the east Tine of said Lo t 2, a distance of 20.00 feet to the POINT DF BEGU~NIlIIG, and cont~.inin 0.128 acres g of land, mare or less. cx ~ t ~ ► <j1t ~ ( ~ f' ~ ~ r~M~i~r~e y'' ~/'*k 4 ~~y~ ~.'Fa~?'//fir ~ 6/ ~ ~'1~ i r,~~/ J ~ a ~1 ti a ...tt.a.e.s.o.5c~``aa(a~~ r.. ear. «~.....ef. ~ i ~ i ; c~ ~`tU ~~`c ~ ~ ~ f ~~dy. •....iO..e!/.If4~.i....RIJ.6 T..~Ie Get ~1 [ ~ Y c:120471~od1~wy 38o u~t relocate-G3o0435~7 b40a35531~dacslesmt ~ 7 i.doc ~j~ ~ ~ 5 g ~ ~ JJ+~. i.. i.9J 5~~~~~ LM 4 U.~~V~RS~~'~ D~I~E (I~. S. ~TWY, 380 ~o ~ 60 (130' R.O.W.) Exhibit A a. B. i F S89'~5'07"F X95.45' ~.~s ~oi3.ss'E R ~o~ ' UT~L~TY EASEMENT - 1- 20' staEwauc ~ . .p 0,526 ACRES unl« EsMr. _ {s/ss) R.o.w oEnlGAnoN ~ 6~ ~ N89'~ ' ~ - _ - 8Y SEPARATE INSTRUMENT 5 47 ~ ~ 73• 25' BLDG. UNE I.RS (S/96) 24' FlRELANE do PU9UC M ( unun easE~aENT - {s/ss) ~"~.R~ ~ I~ ~ ~ ~ ~t ~~PQP I~ ~ ono ~ ~ ~ LINE TABLE ~ Z LINE BEARING LENGTH ~P~P~ W W I Li S00'44'S3"W 20.00' W 3 E2 S4fi'06'37pW 37.2i' ~W ~ ao v ~ L3 SOi'42'03"W 42.00' ~ ~ ~ z ~ L4 N89'30'57"W 50.93' M ~ ~ ~o ~ ~ ~ E5 N00`23'i 5"E 23.78' a~ ~ Z p Q ~ L6 N2i'58'14"E 3i.49' .'W~' ~ ^ ♦ . ,...~s• ie'a,aa.rr.,r.saa.,ar ~~y ~ ~ W ~ E~ N0~'42'l73"E 28.53' ' ~ ~ ' ..rr;r..o►at.o.art..aa~r..~r.ar ~ 3 ~ ~ ~ pRV r~7 ~~i► ~ ~ ~ , U ~ It ty ~ ~ ~ ~ NOTES: 0 0 ow ~ i. All iron rods found are ~ inch unless r,,,, I ~'il ~ ~ ~ ~0' o#herwise noted. A!I iron rods set are ~ AW Z ~ ~ ~ inch wi#h a yellow cap stamped "Arthur ~ Q ~ ~ ~ ~ ~ ' Surveying Company". o w ► p ~ ~ v, ~ o . ~ ~ a ~ ~ ~ 2. Bearings based on control provided by 0 w ~ ~ ~ ~ ~h Texas Department of Transportation. Z O ~ Cc,~nnp~ ~R.~ ~ ~ Q ~r ~ o QQ-~~, EXHIBIT B 1 OF 2 ~ ~ ~ ~0 ~ ~ ~ ~ U~1~1 ~Y EaSel~?eI? t rn ~ • ~ 5 o Q.52S AC~'eS rn ~ ~ w ~ o~ Robert Beaumont Survey ~ ~ ~ Abstract No. 31 rt City of Denton N ~ o ~ ~ Denton County, ~'exas ►.R z ~ ! I . r ~r urv~ a~ ~c. I.R~ ~ ~ ~ Professiol~I hand Surveyors ~ 972 221-9439 ~ Fax 972 221-4675 I.RS L4 220EIm street some 20a ~ P.o. Box S4 ~r T ~ Lewisviite, Texas 75067 .G ~ D~~ V .,C~ G\2007\CaD1HWY 380 UTiE RELEICRTE-630043517.644035537\d~g\ESMT_revised-8.dwg S/~V2008 10~08~~8 AM CbT LM 50 ~ 50 Feet ~ ~ 2 SIDEWALK U~1L. ESMT - (S~g6} X730 R.O.W. . iJ. 20' PUBUC UTlL S1Dl=WALK SMT. ~~.~,1 ~ BLGG. uraE - (u/895~ r.R.F SRS S89`~5'~7~E 277.99` sa~'t~'ar'E cM N89'1 '0?"w r 7.59' r.R S 1.R f G UT#~,~T~' EASEMENT - Q. f 2g ~~RES ~ 50~ ~ ~ N89'~ 5'07"V~ 27S.Q8' - - (s~} 20' ~~~pR~RY C~S~iUC~iO~! ~ EASE1r~~NT 0.~ 28 ACRES ~ ~ N89'~ 5'D7"1~1 Z ~ ~ ~ ~ ~ ~ ~ 24' FIRELArVE ~ PU UG V ~ Q ~ U~7Un EASEMENT ~S/9&} I la ~ I ~ 0. ~ o~ ~ SOUTH STEMMONS PROPERTY GROUP, LTU. ° . a DOG. NO. 2402-801458] O ( m r~- ~ . ~ ( (J m W l7.5' l7.5' o ° ~ PUt3LfC U~]L & U ~ 1~RE UkNE ESMT. Q U ~UJME ~27~ PAGE 2749 ~ I ~ LINE TABLE LINE BEARING LENGTH so©`29'3~~w 20.00' ~ t-~ N00`4~'53"F 20.00' f-3 S00'29'3~"W 20.00' j L4 ~ N00`~4'S3"E 20.00' ~ , • _ NOTtS: _ ,.~.K"~' , tp'~ 1. All iron rods found -are ~ inch unless otherwisE noted. All Iran 4~F~~~.' ~ s- ~ • a ~ _ .s rods set ore ~ inch with a yellow cap stamped "Arthur S~rveyinq ~ 1 ' ` Company►' ' . ~ gs based an control provided b Texas t,.:i.;."`. - y Department of Tronspartation. . ,e • r~ i~ ~ V t elegy EXHIBIT B 2 aF 2 ~ ~ ~ .~as~~~~~ ar~d a ~r ~r ~ ~ ~ . ~'cr~pOra~~ ~`o~s~~~c~ra~ ~sr~ ~ ~~ob~rt Beau~.o~t See Praf~sszv~~ .~a~d ~'~rv~~ors Y Abstract ~'o. 3t s~2-~~-~~9 s7z 2a1-.was ~it~ of Dentin s z~ ~ p.o. s~ Ler~sv~e, ~'earas 767 Denton ~ount~r, Teas C~\?0071CE]D1HWY 380 ItTIL RELpCATE-b30Q43S17,b4QD355371dag\ESMT1,dAg 7/l7/CQ07 8~2°,~19 AN CDT LM t NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. TEMPORARY CONSTRUCTION AND ACCESS EASEMENT THE STATE OF TEXAS § § ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT South Stemmons Property Group, Ltd., (Grantor) of Denton County, Texas, in consideration of the sum of Ten Dollars l o.°°) and other good and valuable consideration in hand; paid by the City of Denton, Tegas, (Grantee),. receipt of which is hereby acknowled ed, g does by these presents grant, bargain, sell and conveys to the City a temporary construction easement across the real property owned by Grantor, as described in EXHIBIT "A" and illustrated in EXHIBIT "B", attached to and incorporated into this document by reference. And it is further agreed that the City of Denton, Texas in consideration of the benefits above -set out, will remove from the property above described, such fences, buildin s and other g obstructions as may now be found upon said property. For the purpose of access and construction activities in, along, upon and across said premises. The City of Denton, its agents, employees, workmen and representative shall have ingress, egress, and regress in, along upon and across said premises for the purpose of ac_ cess and construction activities or any part thereof. The terms of this grant shall expire 1 year from the date construction begins. TO HAVE AND TO HOLD onto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witne m h n ~ ~ ~E ss y a d, this the ~ day of ~ , 2008. 1 LM "i GRANTER South Stemmons Property Gr ,Ltd. By John R. Porter Member of Porter Management LLC General Partner ACKNOWLEDGMENTS STATE OF TEXAS § CGUNTY OF DENTGN § This instrument is acknowledged before me, on this ~ ~ da of y , 2008 by John R. Porter who has the authority to sign on behalf South Stemmons Property Group, Ltd., as Member of Porter Management, LLC, General Partner. r Notary Public in and for State of Texas Accepted this day of 2008 for the City of Denton, Texas (Resolution No. 91-073). By• Paul Williamson Real Estate and Capital Support Manager AFTER RECORDING RETURN T0: City of Denton Real Estate and Capital Support 901-A Texas Street, Second Floor Denton, Texas 76209 2 LM • .~'~o~fessio~~ ~~a~ ~~e,~ars P,O. Box 54 ~ Lewisville, Texas 75467 Office: (972} 221-9439 ~ Fax: (972} 221-4675 EXHIBIT A 1 OF 4 TEmPO~t~ CoNST~UCTTO~v EASEMENT o.~~ ACREs CIT`~ of DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, fact or parcel of land situated in the Robert Beaumont Serve , y Abstract Number 3 l m the City of Denton, Denton County, Texas and being a part of that certain tract of land described in deed to South Stemmons Property Group, Ltd., recorded under Document Number 2002-80145810 of the Real Property Records of Denton County, Texas and being more particularly described as follows: BEGIlYNING at a point in the south line of said South Stemmons tract and being in the north Line of Emery Drive and from which the southwest corner bears North 89 degrees 30 minutes 57 seconds west at a distance of 50.93 feet; THENCE over, across and through said South Stemmons fact the following eleven X11) courses: North d2 degrees 11 minutes 13 seconds Fast, a distance of 14b.99 feet to a point for corner North 03 degrees IS minutes 09 seconds East, a distance of 102.49 feet to a point for corner North 02 degrees 13 minutes 3$ seconds East, a distance of 144.54 feet to a point for corner; North O1 degree 42 minutes 03 seconds East, a distance of 27.71 feet to a point for corner; North 46 degrees 06 minutes 37 seconds East, a distance of 37.21 feet to a oint for P corner; South 21 degrees 34 minutes 15 seconds Fast, a distance of 21.62 feet to a point for corner; South 46 degrees 06 minutes 37 seconds West, a distance of 13.69 feet to a point for comer; South 01 degree 42 minutes 09 seconds west, a distance of 24.85 feet to a point for corner; South 02 degrees 13 minutes 38 seconds West, a distance of 144.77 feet to a point for corner; c:120071codlhwy 380 util relocate-630043517,6404355371docslesmt revised tempt.doe LM EXHIBIT a 2 4F 4 , .~'ro.~ess~ox~~ .~~c~ oac~s P.~. Box 54 ~ Lewisville, Texas 7567 office: {972) 221-9439 ~ Fax: X972) 221-4675 South 03 degrees 1 S minutes 09 seconds West, a distance of i 02.49 feet to a oint for p corner; South 02 degrees 11 minutes 13 seconds west, a distance of 146.U 1 feet to a point for corner in the north line of said Emery Drive; TSENCE North 89 degrees 30 minutes 57 seconds West, with the narkh sine of said Eme ry Drive, a distance of 25.01 feet to the PAINT OF BEGINNIlV~G, and containing 0.253 acres of land, more or less. ~ YY,YQ ~Y Y ~~.Y,. o~ ~ . Ys.Y.Yi•Y.► m , . a~ n,. ~ 'o ~ ~ ~ ~ S~ e:12D071cod1~wy 380 trtiI relac~te-~30043517,640035537~docslesmt revised-templ.doc LM I • ~'~•c~~ess~ox~a,~ .~~d ~~e•~ox~s P.O, Box 54 ~ Lewisville, Texas 75~b7 Off ce: X972} 221-9439 M Fax: (972 221-4b75 EXHIBIT A 3 aF 4 TEMPORARY CONSTRUCTION EASEMENT 0.089 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEIlVG all that certain lot, tract or parcel of land situated in the Robert Beaumont Surve , . Abstract Number 31 in the Ci of Y ty Denton, Denton County, Texas and being a part of that certain tract of land described in deed to South Stemmons Property Group, Ltd., recorded under Document Number. 2002-R0145810 of the Real Property Records of Denton County, Texas and being more particularly described as follows: BEGE'~TING at a point in the west line of Lot 1, Block 1 of Rancho Vista Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet S, Page 96 of the Plat Records of Denton County, Texas from with the northwest corner thereof bears North 00 degrees 44 minutes 53 seconds Fast at a distance of 20.00 feet and bein in the g south line of University Drive ~tJ.S. Hwy. 380) having a 130.00 foot wide right~of-way; THENCE South 00 degrees 44 minutes 53 seconds west, with the west line of said Lot 1, a distance of 20.00 feet to a point for corners THENCE over, across and through said South Stemmons tract the followin five 5 courses; g North 89 degrees 15 minutes 07 seconds west, a distance of 164.84 feet to a point for corner; South 46 degrees 06 minutes 37 seconds West, a distance of 13.69 feet to a aint for P corner; North 81 degrees 19 minutes 15 seconds West, a distance of 25.19 feet to a paint for corner; North 46 degrees 06 minutes 37 seconds East, a distance of 37.21 feet to a point for corner; South 89 degrees 15 minutes 07 seconds East, a distance of 173.01 feet to the POINT OF BEGINNIrIG, and containing 0.089 acres of land, more or less. ~ j/ ,•••se.s ~ J Rt ~ (~q fV ~ sa ~ i A• • 4 + ~ i . ~ i ~ ~ ~ . ~ r• • 1 i E ~ i s. •ce•., k~,, a•. •a N~•• 1 . ~ ~ t ~ ' ~~t~ ' ~ '~4,,JJ ~ ~ ~v R c:t20071codlhwy 380 util relocate-630043537,640(f355371docsle$mt revised-temp2.doc LM ~1 i .~rafe~s~a.~~ ~eyars P.O. Box 54 ~ Lewis~i~le, Texas 75x67 Office: (972} 22 ~.-9439 ~ Fax: X972) 22 t-4~75 EXHIBIT A 4 OF 4 20' TEMPQRARY C~NSTRUCTI~N ESMT. 0.125 ACMES ROBERT BEAUIVIDNT SURVEY, ABET. N4.31 CITY GF ~3ENTDN, DENTDN C(IUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Robert Beaumont Survey, Abstract Number 31 the City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to South Stemmons Prope Grou , ~ P .LTD., recorded under Document Number 20o2-R~ I45810 of the .Real Property Records of Denton County, Texas, and bung more particularly described as fo llov~s: BEGnV1~TNG at a point for corner in the east line of Lot B1ock 1 of Rancho vista Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet S, Page 96 of the Plat Records of Denton County, Texas, from v~hich the northv~est corner thereof bears North OQ degrees 44 minutes 53 seconds East a distance of 20.00 feet being in the south line of University Drive J.S. ~ 3 $o ~ i having a 130 foot v~nde Right-of-~vay; THENCE over, through and across said South Stemmons Proper Group tract the following three (3}courses: South 89 degrees 15 minutes o7 seconds East, a distance of 275.08 feet to a point for corner in the West line of a 35 foot Wade Public Utility anal Fire Lane Easement recorded in Volume 5272, Page 2744 and volume 5272, Page 2749 of the Deed Records of Denton County, Texas; South 00 degrees 29 minutes 34 seconds 'hest, with the West line of said 35 font easement, a distance of 20.00 feet to a point for corner; North $9 degrees 15 minutes 07 seconds Nest, a distance of 27$.16 feet to a Dint p for corner in the east line of said Lot 2; THENCE North 00 degrees 44 minutes 53 seconds East, with the east line of said Lot 2, a distance of 20.00 feet to the PRINT DE BEGIiaTNI~G, and containing 0.12$ acres of land, more or less. ~ # ~.,a ~ ' c ~ * ~ 1tt i a• `y r tt1 . ~ rs.•+A1•L...ts.._x..w..s.a...i.~.s<~.`hi c:120071cad1h 380 ut~ relor~.te-63QQ43517 64003553 ~ ~ ~ ~ ~4 wy 7~docslesmtl .doc ~ n ~ ~ t~ ~ , ~Z u R. LM I UNIVERSITY DIVE ~~T. S. HWIr 380 60 0 60 , ~~3a R.o.w ~ c~ ~e9~i5'o7"w ss9~sorE ~u. 195.45' 1Q23.99' 1.R.F: UTILITY EASEMENT. BY SEPARATE INSTRUMENT siDEwA~c ~ ~h R.O.W. DEBECATtoN - - - - - - - - - - - - aY sEPaRA1E ~sEiur TEMPORARY CONSTRUCTION EASEMENT 25' sirDC. uN~ ~ _ - - BY SEPARATE INSTRUMENT - - is/g~~ I ~ 24` FlREUWE & FUB~iC I ~ t1~nrrrr Easai~rr - ~s/ss} i" ~ ~ - I \o~ I~ 1 o'~~a`~g6 I ~~o PGA I w ~ ~ ~~PQP ~ h ono ~ ~ ~ LINE TABLE ~ LINE BEARING LENGTH ¢PG~~ ~ L1 NO1'42'43~E 27.71' N w ~ ~ N46'06'37"E 37.21' IW I ~ a L3 , ~r~,+,~~ 1~ I M W ~ L4 S213415nE 2i.fi2r ~I 3 I M ~ ~ S46~6 37 W 13.69 Q~ ~o Ca ~ L5 SQ1'42'a9"W 24.88' ~ , ~ I o Q o Lfi N89'3D'57°W 25.01' ~'~''~~w ~ r • r r • l W ~ .arr.rr ` • • rr r71 • rrP•rrrsr r , f ~ 3 Q . r~~.~Y (fit LL 1 ~ .r • • rsasrrserrr►arrai ~^^~"'111 ~ r Z ~ I ~ ~ a'r ~~~s~~~~ rn I ~ ty ~ ~ N0~ ~ ~ w m Q w N 0°0, I ~ 4 ~ ~ 1. All iron rods found are ~ inch unless ~ ~ W ~0' otherwise noted. All iron rods set are ~ ~ ~ m ~ ~ 3 ~ inch with a yellow cap stomped "Arthur I ~ ~ fi ~ Q' Surve 'n Com an o ~ p C3 O ~ 9 P Y ~ z ~ ~ ~0 Z ~ ~ ~ ~ G ~}1 2. Bearings based on control provided by W ~ ~ ~h Texas Department of Transportation.. I Q z z o w p ~ p4 ,Q~ U ~ ti EXHIBIT B 1 OF 3 ~e o° I ~ ~ ~ ti ~ ~ ~ ~°~o~ ~'emporary Construction ~sn~ t. I o a ~ ~o0 0.253 Acres I ~ ~ ~ of Robert Beaumont Survey I ~ ~ ~ Abstract No. 31 I City of Denton ~ w ~ Denton Count ,Texas I ~ y l w , ~ r 0 e o~ r~ c .Professional .hand Surveyors nras~a'S7•W 972 2219439 ~ Fax 972 221-467s 50.93` ~fi 220 sa~ee~ sur'te 200 ~ ~.o. Box s4 D D Lew~svrlle, Texas 7s067 C+\20071C0D\HWY 38Q UTIL REL~IC~ITE-630043517,64Q035537\ofrrg\ESMT_revised~ter~pl~lrg 5/21/20D8 10+26+DS AM CDT I UI1~~~~5.~~'Y ~~1 l~IC~R TH ~r~. s. xw~ 3~a 60 ~ 60 ~ 30' R. o. w.) GN N89'f 5'D7"W R I.RF 195.45' O• S8915'07"E t 423.99 l.R F . UTILITY EASEMENT - BY SEPARATE INSTRUMENT N 2v' s~DFwAtx ~ s8s~ 5'o7pE ~ oi' ~n~ ~~T ^ ~s,9s, R.o.W. DED1CA1i0N ~ _ _ ~r sFPARA>~ ~~srnu~~ur pc 1'EMPCRARY CONSTRUCI'i0N EASEMENT ~ - 0.089 ACRES i 2s' e~ac. ur~E fs/~s) ( L3 N89'15'n7"~l 1 fi4.80' r" _ - _ 24' FlRELAiVE ~ PUBUC ( 1 ( UTIl1TY EASE~fE'I~fT - Cs~9s} f~ , W fN ( ~ OvPP~~ ~ ( ~ LINE TABLE ~~\~,4, ( ( ~ LfNE BEARING LENGTH ¢PG~~ ~ ~ ( Li S00'44'S3"W 20.00' ~W ( ~ ~ L2 S46'06~37~ W 13.69 L3 N8i'i915 W 25.19 ~I ~ z N46 06 37 E 37.21 ~'y o ~ N00 44.53E 20.00 ~ o • ( ( ` ~ ~ ~ ~ .e ..~..s...►. ( i f...11. _ ..1 f..1 W • ~ ~ ( ~ • I ~~Y~ ~ W ` 4 f ~ ( _ W ~ ~ ~ ~ ( ~ ~ ~ ( N01E5` ~ w ~ i ~ ( ~ ~ ~ 1. Ai! iron rods found ❑re inch unless ~ ~ ~ ~0' otherwise noted. Ali iron rods set are ( m ( W ~ inch with a yefbw cap stomped "Arthur ( ~ Q ' Surve in ~ ( W ( Y 9 Compan y . ( z ~ ~ 0 ~ ~ o ~ y G 2. Bearings based on control provided by w ~ ~ 1 Texas Department of Transportation. w ~ pQ ¢ EXHIBIT B 2 OF 3 o ~ ~ i ~ ~ ~fl ~'er~~or~ary Const~uctlo~ Esm t. I ( ~ o ( ~ 0.08 Aces (a ~ 0 I ~ ~ o~ Robert Beaumont Survey ~ ( ~ Abstract No. 31 ~ ( ( E f City of Denton ~ ~ I Denton Count ,Texas I y ( I l ( ( • r r u ~r ~ ~r~ r~~, ( ( ( Professional Lard Surveyors 972 221 9439 ~ F 972- ax 221-4675 220 Elat S~e~ Surte 200 ~ P.O. Box 54 ~ n rT ~ Lewisville, Texas 75U67 .1J~1 Y L` G\C407\CQD\IiWY 384 l1TIL RELOCATE-53D043SI~,640035537\dNg\ESMT_revised-teMp2.dwg 5/21/2008 I0~47~29 AM CDT ~ i a . tJ. ~7. ~I1 d, ~~o 20' SIDEWALK y ~ R a. w.~ rr~~ 2D' PUBLlC UT1L. SfDEWALK SMT. . t1. ~ BLDG. UNE - ~U/895~ ~~l 1,R.F. l.RS. ~s~~~~~a~~:E ~~~.~g~ S89'~5'07"E N$9`i '07"W 17.5D' IRS, l.R.~: 42.45' ~ ~ ` ~ ~ L~ ~ EASE~E~ T Q, e- S89'1 7"E ~~RES ~ 5O2 ~ 20 ~t~l~OR~RY ~Q~Si~[1~TION EASEM~T - o. ~ as acRES ~ I ~$~'~5'07'~U~ 278.1fi' E ~ ~ ~ Q ~ ~ ~ 4 Y o~ SOUTH STEMM~NS PROPERTY GR0~1P, LTD. ~ ~ o DOS. N0. ~OD2-RDA ~~8~ ~ L m~ ~ ~O`~z N ~ 1 ~ m ~ ~W ?7.5' 17.5' C) a zz 35' Puauc un~. ~ ~~E LANE ESMr. VOLUME 5272, PAGE 2744 j I Q~ LfNE TABLE vat-UME 5272, P,4GE 2749 ~ LlNE BEARING LENGTH L1 S00'29'3~HW 20.00' L2 N00'4~'S3"E 20.00' L3 SQQ`29'34"iN 20.00' L4 N00`44'53"E 20.00' I r ~ A!I rran rods fotJnd are ~ inch unless otherwise noted A!I iron ii ~,r' 1: rods set are ~ inch with a yellow cop Stomped "Arthur Surveying _ ~ ,~L... u ~ ~ f' ^!-~~Y:.AJ.,•.',•P.•.f..yiC Yt..•n15r.P6••'Ii ampnnY ~ r, ~ . _ , . . . cif ~ ~ j:. ~ ~ ~ J ~ , ~ ;,I:i 2. seorrngs based on contra! provided by Texas Department of « c~~;~ r Ir~r~SportOt~~~ ~15~ i Y~ U:} .3 t_ { .a ~~i EXHIB f, f , ~ ~ ~ ~ s.. f , . stir,. r,, r. U~i~~~ .~a~~.mo~~ aid a Y ~ ~ ~ ~ ~ ~'er~~orar-,~ Co~s~ruot~o~ ~~.r~ t. ~ Prvfess~on~1' ~.~d Sur~e~o.~S Hobert Be$u~ont Surrey Abstract loo. 31 9?2 2219439 M ~?z-~~r-~?s 220 Film Sir~ry Suite ZDO ~ P. o..8o~r 54 City of Denton ~,ewisvi0e TeJrss 7SOS? Denton County, Texas C~1~0071CDDViWY 3~ IITIL REL©CATS-X30043517►~40~35537\d~g1ESMTi.d~g 1/t71~fl07 ~:~°:E9 R~1 Cat LM I 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 October 13, 2008 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, and after convening an Open Meeting, the Chair of the Public Utilities Board convened 7 into a Closed Meeting on Monday, October 13, 2008 at 9:00 a.m. in the Service Center Training 8 Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, and Bill Grubbs 11 12 Absent: John Baines and Randy Robinson, both excused 13 14 Ex Officio Members: 15 George C. Campbell, excused 16 Howard Martin, ACM Ut111t1eS 17 18 Chair Charldean Newell announced that a quorum was present and convened into a closed 19 meeting at 9:00 a.m. to consider the following under the provision of §551.072 of the Texas 20 Government Code. 21 22 At 9:11 a.m., the Chair declared the closed meeting ended and announced that the Public 23 Utilities Board was thereafter in open session. 24 25 OPEN MEETING: 26 27 CONSENT AGENDA: 28 The Public Utilities Board has received background information, staff's recommendations, and 29 has had an opportunity to raise questions regarding these items prior to consideration. 30 31 32 1) Consider recommending approval of an ordinance authorizing the City Manager or his 33 designee to execute a Real Estate Contract between the City of Denton and Keira Franklin, 34 and any other documents necessary to acquire an approximate 0.257 acre tract of land located 3 5 in the Gideon Walker Survey, Abstract Number 13 3 0, Denton County Texas and being the 36 remainder of a parcel of land conveyed to Randy C. Snider, by deed recorded under County 37 Clerk's File Number 96-R0016095, Real Property Records, Denton County, Texas. 38 39 2) Consider a recommendation of approval of an Ordinance authorizing the City Manager or his 40 designee to execute an Easement Purchase Agreement between the City of Denton and South 41 Stemmons Property Group, Ltd., and any other documents necessary to acquire easements of 42 approximate 0.526, 0.253, 0.089, 0.128, and 0.128 acre tracts of land located in the Robert 43 Beaumont Survey, Abstract Number 3 1, Denton County Texas, said tracts being part of a 44 parcel of land conveyed by Margaret Porter to South Stemmons Property Group Ltd., by 45 deed recorded under County Clerk's File Number 2002-R0145810, Real Property Records, 46 Denton County, Texas. 47 48 3) Consider a recommendation of approval for the City Council to adopt an ordinance of the 49 City of Denton, Texas approving Bid No. 4115 for the sale of approximately .6887 acres of 50 land situated in the R. Beaumont Survey, Abstract Number 3 1, Tract 115, which real 51 property was conveyed to the City of Denton, Texas on December 19,1944 by deed recorded Public Utilities Board Agenda October 13, 2008 Page 2 of 2 1 in Volume 31 1, Page 115, Deed Records, Denton County, Texas; providing the City 2 Manager with authority to execute a deed to Eagle Farms, Inc., the successful bidder, 3 together with any other documents necessary to sell and convey said real property. 4 5 4) Consider a recommendation of approval to the City Council of an ordinance authorizing the 6 City Manager or his designee to execute Easement Purchase Agreement(s) by and between 7 the City of Denton, Texas and South Stemmons Property Group, Ltd., together with any 8 other documents necessary to acquire easements of five tracts of land, being approximately 9 0.526, 0.253, 0.089, 0.128, and 0.128 acre tracts of land located in the Robert Beaumont 10 Survey, Abstract No. 3 1, City of Denton, Denton County Texas; said tracts being part of a 11 parcel of land conveyed by Margaret Porter to South Stemmons Property Group Ltd., by 12 deed recorded under County Clerk's File Number 2002-R0145810, Real Property Records, 13 Denton County, Texas. 14 15 5) Consider approval of the unit prices in Bid No. 4166 from Wesco Distribution, 1705 Cypress 16 Street, Haltom City, TX 76117 to enter an annual agreement for purchase ofpre-cast 17 concrete manholes in the estimated annual amount of $109,096. 18 19 6) Consider recommending approval of Bid No. 4159 to Rinker Materials, Ltd. for the 20 manufacture and delivery of reinforced precast concrete box culverts for the Duncan Street 21 Drainage project, in an amount not to exceed $100,208.88. 22 23 Board Member Phil Gallivan moved to approve Items 1, 3, 4, 5 and 6 with a second from 24 Board Member Bill Cheek. The motion was approved by a 5-0 vote. 25 AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: Water Utilities ACM: Howard Martin, Utilities, 349-8232 SUBJECT Consider a recommendation of approval for the City Council to adopt an ordinance of the City of Denton, Texas approving Bid No. 4115 for the sale of approximately .6887 acres of land situated in the R. Beaumont Survey, Abstract Number 3 1, Tract 115, which real property was conveyed to the City of Denton on December 19,1944 by deed recorded in Volume 31 1, Page 115, Deed Records, Denton County, Texas; providing the City Manager with authority to execute a deed to Eagle Farms, Inc., the successful bidder, together with any other documents necessary to sell and convey said real property; and providing an effective date. The Public Utilities Board recommends approval (5-0). BACKGROUND The City of Denton Water Department has requested the disposal of the subject lot. The lot is located on the west side of Hinkle Drive, just north of University Drive. The subject lot was at one time the location of water wells that provided supply to the City's water system. The first well went into service in 1944. A second well was put into service, on the same site in 1952. These two water wells were once a part of a number of wells spread out around the city that supplied all of Denton's drinking water until the surface water plant on Spencer Road went into service in 1957. Once the capacity of the surface water plant on Spencer Road was expanded in 1962,1972 and later in 1988, the water wells were used less and less. Since the late 1970's, each of these water wells produced only a fraction of Denton's water demand, but they were maintained for emergency use up until the Lake Ray Roberts plant went into service in 2003. These wells were no longer needed because their operating costs outweighed their benefits. The equipment was removed and the wells were completely demolished and plugged pursuant to TCEQ requirements in 2006. The disposition of the property was processed through the Development Review Committee to determine if other City departments had any future needs at this location, prior to the staff determination of excess property for sale. An appraisal was completed earlier this year on the subject tract, and the market value was indicated at $180,000. The bid that was selected is in the amount of $195,001. RECOMMENDATION Staff recommends approval of the bid award to Eagle Farms Inc., and the sale of the property for the amount of $195,001. PRINCIPAL PLACE OF BUSINESS Denton Texas 11 ESTIMATED SCHEDULE OF PROJECT Conveyance will occur promptly, contingent upon Public Utility Board and City Council approvals. PRIOR ACTION/REVIEW (Council, Boards, Commissions) PUB Meeting, October 13, 2008 FISCAL INFORMATION Funds from the sale will be deposited into the water department revenue account #6300.8160, sale of land. BID INFORMATION City of Denton Purchasing Department Bid #4115, dated August 21, 2008 Submitted by: Eagle Farms, Inc., 1204 VV. University Drive, Suite 400, Denton, TX 76201 EXHIBITS 1. Location Map 2. Ordinance 3. PUB Minutes Respectfully submitted by: - Jimmy D. Coulter, Director Water Utilities Prepared by: Pamela England Real Estate Specialist Real Estate and Capital Support 12 'EM "t ~ -1 ' ~'S~ _ w r F ~ r w.:. 6, ~ ~ ~ l F 11 x• ~y~ r_.~ - - , fir' ~ F _ ~ r- # , , " _ - ~ u 1 a: ~ r ~ ~ ~ N ~ art'" 'r . t ~ " ~ 1 r'`tl. ~ X ,-k ~ - ~ - + ~ ~ y i L ! l" fir= ~ 'r ~ ! f~ ~ •YY 1..i n a ' ~ r' •E F . 1, I, .c g _ 1 4+, }q~ _ - ti - ' ~ `fir k,l ®a_ I f_ r k } ~ ~ F l ~y ~ TT ' M ~ f s ~ P ~ - R - F ~ Z ~ i ii g 4~ ~ G o _ + r f ~ IK 1 d "~a a +:r~- - v"..~ ~ ~ y~•"~., I, ~ 1y1• ~ 9 ~1 ice,; ~ , 1 ~ s:. •+r~ i. 'If ~ } r~ 1 ~ ~ ~ ~ ~ J~ l s ` " ~Y i 4 i..e gyp, :'r ~~ii t~E~uM~L~. ~ ~ tl ~ ~'-7'M' ~i ~ ` ~9, I ~a ~ 1 'i " :r¢ &•1~~.• Y ~ iA _ i a f.~.~i~~. ~ v ~l f J' +3 4~ ~ fly A - _ 45 . 1 ~ ~ e- ~ . & y 1 fly ~i ; ~1 :3" ~ s r ~ _ " i' ;4 ~ ~E i~~ # h ~F~ I- _ " _ ~ A Lit ~ 1 ±y, ~ ~ . 1 ~ ~ ~ ¢ ' M1 1 ~ •i ~ ~ ~ Si ras y ~ : r ' i 4 ~ n § V F i° 1 ' u. lp414 sE {'""f, ~ ,L "r ~ h y x ~5 { .j • "s , e 1 - f' • 1 e 1 i 4 Y 1. i ,.~r _ ~ . _ ° a ~ 7" 4 • 1 5'°' ~ y 1~ J 5 + R q a~.i,'~ 4} `"P~.' ~ y- a •.~yF.ks.:.= i.r~..a _ ~y `u,i 8+. yP~ v.a!.I,4,*' 1 ~~4 'I ~ f€ ~'E.,1 . .r- ;k ~ .k 1, ~-'t., T'. ,~~d. rJ~s'`y~nip aie~l• hal": .~y~. o, ~ - ~y, may, ~'~F'T s~ , p it ~ ~P"! r ~r1 ~G'~P ~ • irr d y • ,ate. _ i.J1 r • 4#•~ . {F°~~dy'~t- - ~ - . ~~r • 'y"1, •y.Nr-~;,~~:}. P~ wriMM.r~.l~i~': w.•r'. ~ J- ~ h' r~ ~f.. j. a _ ~ 1 1 {Y k~ y - df ~e ! 4 s.ti 1 _ • ~ ~ ~ ~ , . 11 1 ~•X ~ i ~ 111, ~ .i ~ J ss55 _ _ ~I)I^, 4~4 i ry ' 9~ ~ ~ r 9 a 1 , .r P " ~ ya: y 1 ~ .F4 V f - ~ . + ~ - ti. ~ , a I~T ' , - 1 inch equals 80 feet _ _ / ~ ORDINANCE N0.2008- AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING BID N0.4115 FOR THE SALE OF APPROXIMATELY .6887 ACRES OF LAND SITUATED IN THE R. BEAUMONT SURVEY, ABSTRACT NUMBER 31, TRACT 115, WHICH REAL PROPERTY WAS CONVEYED TO THE CITY OF DENTON ON DECEMBER 19, 1944 BY DEED RECORDED IN VOLUME 311, PAGE 115, DEED RECORDS, DENTON COUNTY, TEXAS; PROVIDING THE CITY MANAGER WITH AUTHORITY TO EXECUTE A DEED TO EAGLE FARMS, INC., THE SUCCESSFUL BIDDER, TOGETHER WITH ANY OTHER DOCUMENTS NECESSARY TO SELL AND CONVEY SAID REAL PROPERTY; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to approve Bid No. 4115, execute a deed, and any other documents necessary for the disposition of approximately .6887 acres of real property referenced above, owned by the City, which is considered excess property. SECTION 2. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2008. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: c c ~ ~ CDP~ Sw)C)r . y ,31 ~ ''l a ~ ~ w s. ,ro. ~ s. ..z ; Es h:. . ! ~ F~ a >:f :of~ } i' •Y~ i n Purchasing Department 901-B Texas St. Denton, Tx 16209 ~940~ 349-1100 www.dentonpurchasing.com ~ or a e o ~n a rive ro e u us ■ r ~ ■ ■ ~ su m~ e ~ m n Name ~o a p Y i i ~ Y Cad' W ,a ~ TOTAL ITEM QTY• DESCRIPTION UNIT PRICE AMOUNT The City of Denton is offering for sale the ~-operty located on Hinkle Drive, Denton, TX. The legs! description is Robert Beaumont Survey, Abstract No. 31, Tract 115, City of Denton, Denton County, Texas. The property is zoned Community Mixed Use Cen#ers. The land is comprised of approximately 0.6881 acres or 30,000 square feet Bidder will pay to the City the amount bid for the property within 30 days of no~fcation that the bid was accepted. Appropriate closing fees up to a total Lum Sum $ of $500 wi II be paid by the Buyer, Any additional closing fees are to be paid p ~ ~5 by the seller. ~ Note: A 10°l° bid bond, cashier check or certifed check must accompany the bid as surety that the successful t~idder will enter into a contract to purchase the property. ~ Date Signature of Authorized Representative Company Name PAGE 3 OF BID#4~~5 Bidders Initials Lm A I , CDPY TABLE OF CONTENTS P RQ POSAL F0 RM ..■.■■■...■.■.■■■■■..■..■star....r.■a.........■..■■■...■......r..■r■•■■.■■■.a.■..r.rr■...........■..■...■■.■.r......~ BID I N ST RU GTI~ N S ■■■.r.■■....•..■..■..■r.■.....■..■.■■r.■..■r.■..■■■..■...........••■.■■.....••...r..r...r...........■.r....■ 4 -5 A P .........,a..•...■■■■..r■.■■r••■..s......■.r....■r..■..■■r■r■.....■■r■.r.■..rr■■r■.r..■..■ 6 1 ~ CONFLICT QF INTEREST QUESTI4NNAIRE 2~~ 3 This Table of Contents is intended as an aid to bidders andnot as a comprehensive listing of the bid package. Bidders are responsible for reading the entire bid package and complying with al! specifrcafions. LM I C~P~ COMPLETE SET OF ORIGINAL AND ONE 1 COPY o>" EXECUTED BID PROPOSAL MUST BE RECEIVED IN THE PURCHASING DEPARTMENT AT 901-B TEXAS ST, DENTON, TX 15209 ON OR BEFORE AUGUST 21, 200$ AT 2:00 P.M. QUESTIONS REGARDING SPECIFICATIONS MUST BE SUBMITTED IN WRITING TO THE PURCHASING OFFICE FIVE ~5}WORKING DAYS PRIOR TO THE BID OPENING. ALL QUESTIONS SUBMITTED AFTERTHAT DATE WILL NOT BE CONSIDERED TO ENSURE ALL BIDDERS ARE GIVEN EQUAL ACCESS TO THE INFORMATION PROVIDED. All questions regarding the bid and purchasing process should be directed to: TOM SHAW, PURCHASING AGENT Email:tom.shaw@cityofdenton.com Phone: ~940~ 349-1100 Fax: X940} 349-1302 Directions to the Purchasing Departmentcan be accessed atwww.denton urchasin .com (Click on "Directions to our Office"} All bids includin a "NO BID" are due in the Purchasin De artment b the due date, in sealed envelopes or boxes. All bids must be clearly marked with the name of the Company submitting the bid, the Bid Number and Date and Time of opening on the outside of the envelope/box. original bid must be clearly marked "aRIGINAL" and contain a!1 original signatures. All proposal pages must be initialed or signed where indicated. All bids will be publicly opened atthe date and time listed above or as soon thereafter as practical. The City of Denton does not accept faxed bids. Any bid received after the date andlar hour set for bid open~nq will _be re#urned unopened. If bidslproposals are sent by mail tothe Purchasing Department, the biddershall be responsible for actual delivery of the bid to the Purchasing Department before the advertised date and hour for opening of bids. If mail is delayed eitherin the postal service or in the internal mail system of the City of Denton beyond the date and hour set for the bid opening, bids thus delayed will not be considered and will be returned unopened. Bids may be withdrawn at any time prior to the official opening. Alterations made before opening time must be initialed by bidder guaranteeing authenticity. Any attempt to negotiate or give information on the contents of this bid with the City of Denton or its representatives prior to award shall be grounds for disqualification. Afterthe official opening, bids become the property of the City of Denton and may not be amended, altered orwithdrawn withoutthe recommendation of the Purchasing Agent. The approval of the City Council is required for publicworks projects. Submitted bids shall remain in force for a sixty ~60)day period after opening or until award is made; whichever comes first. Incase of default after bid acceptance, the City of Denton may at its option hold the accepted bidder or contractor liable far any and all resultant increased costs as a penalty for such default. The City of Denton will award the bid to the highest bidder while complying with all current state and local laws. The Cityof Denton is exemptfrom Federal Excise and State Sales Tax; therefore,taxmustnotbe included in this bid. PAGE 4 OF BlD #4115 Bidder's Initials i i c~o~~ The City of Denton is requesting bids for BID FOR SALE OF H~NKLE urcivC rrcurcK ~ ~ . H~~ bids must be submitted on the attached Bid Proposal Form. Bidders may be disqualified and their bids not considered for any of the f011owing reasons: 1. Collusion exists among the Bidders. 2. Reasonable grounds for believing that any Bidder is interested in more than one Bid for the property listed. 3. The Bidder being interested in any litigation against the City. 4. The Bidder being in arrears on any existing contract or having defaulted on a previous contract. 5. Lack of competency as revealed by a financial statement, experience and equipment, questionnaires, etc. 6. Any other unresolved issues with the City. Due care and diligence has been used in preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall restsolelywith the proposer. The Gity of Denton and its representatives will not be responsible for any errors or omissions in these specifications, nor for the failure on the part of the proposer to determine the full extent of the exposures. The successful bidder may not assign their rights and duties under an award without the written consent of the Purchasing Agent. Note: The Real Estate Appraisal Report dated April 10, 2008 is available for review in the off ce of the Purchasing Agent, 901 B Texas Street, Denton, TX 76209 X940) 349-7100. PAGE 5 pF BID#4~~~ Bidder's Initials LM I COPY PAGE 6 OF BID #4020 LM ~o~ LOCATION MAP t ww~~DSOR qt oR - W- I~AlDGE ~ ~ i ~ ~ ~ AGkOElAST ~ 6~9~1 St G Y . ~ ~ ~ U ~ ~ ~ ~ . HEADIEE ST ~ ~ ~ _ 1 Z - ~ . = DA1tHillD ~ z a o ~ f YEAD4"~ RlDQ DR S`~RATA DR ~ AUB DR FAIk ~ 5T ~ ~ - ru ~o sr ~r . sr _ r s~ ~ ~ _ ~ tW,WR~' . - o ~ . ~ ~ SUBJECT ~ o ~ ~ o ~ j ~ -~C ~ ~ ~ ~ = SIA~S ST ~ - - + - - ~ _ . ~ - ST E~FAY ST S - - a •.,,b ESHER gT `4'0~ EM 5T - - - ~ RDEUST ~ . ~ ~ ~ z ~ RED 5T af-i ; g , ~ zNo _ m' S'~ ~ ~ m~ kbE~tDR ~ ~ ~ UHOQIOR n ~ ~ ~ ~ ~ n ~ ~ ~ ~ ~ ~ ~ ~ m r, - ~ ~ . ao Z ~ PAkt~pLE ST ~ P ~ LE ST ~ - ~ Z ~ ~ ~ ~~m ~ .J z ~ ~ I, ~ - ~ ~ ~ E ~ RSON E P ~ ~ ~ ~ c ~ ► - - _ . < ~ m kaYkES ST 64R~ ~ _ PEJtRI sT _ ~ W. z n ~ a ~ SE s~ • auc sr ~ ~ wo~acst ~ ~ sr ~ f---:--~ _ ~-Y-- oac sr ~ Data use sub~ec# ro Se. ft 2006 DeLom~e. Street~tfas USA 0 400 ~ 1200 1600 2000 ~delorme.t~n MN (4.6' ~ Data Zoom 14-0 Page 2.8 , 1 ~ . ~'DP~' TAX iNFORMAT~ON Property D~ta~.ls for-;~c~cQun~ ~ 7~z~9~,.,_~,._... .t Y~ Tax Information The Denton Central Appraisal Distzct~ i~ i~~t ~respoixszble ~f~r the, asses~men~~ or collection. of taxes for this or any other praper~y~. xf you ~av..e. a question regarding your tax bill E or would ~lYke ~to °p~y you~~ tax -bill ~onl~ne~ lease contact the Denton Count. Tax Assessor." Collector. } General Information Property ID 1.7 .229 Geograhic 1D _ A4031,A-OOQ-0115-fl04~4 w~.._._ W_...,~ Legal Description A~03Ia R. 8eaumotit~, Tr 115, ~..6$$~7 Acres Situs Address fi~inkle~ Dr y PrapertY ?'YPe - Real Abstract/Subdivision .~,..'~.-~----A~ 0~3~1A _...r._..._..._..__ _ - - Ail ~a eTtleB Owner ID ~ ~ 96983 Owner Name b~nton, ~Cit~_O~'~ Percent OKn~rship..._.____~_ _ _ _ _ _ 10~ Mailing Address - - -`Mttni~ipal ~tldi~ _...~.~._~__.__..._..._.._._..._W_........_..__....__-__._.__._._.._.~....._..~_.-....~-....~...._.__._._...w____...... _......r...........~ _ - _ 215 ~E M~klnne TM._.. ~_._..-._M_._... _ ~ _ _ _ _ Denton, TX 76201-429 Tax~inq Jurisdictions .'w____._._.... C05 (Cit Of QenCon . _ _ _ _ _ _ Gbl i Demon Conn~y.) _ _ 505 ~Dertton Isd~) Exemptions ~ EX ~ Exe t View Map _ _ _ _ _ G~?nCot~ GAS GTS: - - - - - ...Yahoo ~ ~~Ma - 2007 Certified Values Improvement Bornes~.te Value _ .Z+.~ Improvement Non-Homesite~Value ~ ~ Land Homegite Value ~ ~ - ~ } 1e Land Non-Hamesite Value ~---.__.w -~~~~'"5b,4~fl -----~-rt-~ ~ Agricultural Market Value ~ - ~ ~ ~ ~ ~ ~ (f). Timber ~ - __._._...._.w._.r:_.~._.-:~„~--.~-.,,:,.:,-:::...,....,.~.. • . rk_et Valve _ j f~.~..~~ ~ Total "Market Value ~~50;,.~0 .......~:_....~....,..._._ ....r._..._ Agricultural Use Reduction ~ _ ~ ~ Q Timber Use Reduction ~ ~ . ~ " :~-}':$.A Ap raised Value ~ .fl~~ Home9tead tip - - ~~4 Assessed Value ~ ~ . Land Segments Land Type Acres Sq. Ft A~~ralsed Value . ?asture Q.5887 3+), ~OC~ sq:. feet 2G08 values- unavailable Property History Year Improvernent(s} Land Appraised Assessed },1-, SO S 1 Ot!~ 5-150, 040 ~ 154, ~~00 r0 S~, 453 S@, 953 SO L}~5 SO an, 453 S8, 953 SB~; 9S3 :'~~t_=Y SA S$, 553 S8, 953 $0 ::t]ti3 $0 453 ~8, 953 ~.0 {4(~? 50 $8, 953 $8, 953 $0 tit~l. $0 S8, 953 $$,.95~ ,~0 2D'~~ SG $8,-q,53 $B, 953 $8-, 953 r i . ~ ~ 4! TALC INF~RMATYON CONTINUED ~0 SP.953 $8,953 56,_953 ~ a~~; S~, 953 ~$6; 953 $8, 953 _ t?~~ Sn S9, 55? a8, g53 ~56, 953. ~ ~ `i4f ~0 53, 953 $6; 953 S$, 953. ;.a~,s Sf~ S~, J5Z ~56,~453 $8; 9'53' S~ S~. 953 $8,953 $~8,.95.~ Deed History Dade Type Se1le~ Buyer ©.eed. Number. I~i.19/}.999 Cor~vers.i~an G?ddie. avid ~~~r~~.on, ~L~ Of ~3~1~.. -1].5 n .f Senate Bi11 541 In 2605, Texas passed Senate Bill 5~~., which prohibits. die benton.Centra Appraisal District and every other ~~ippraisal District in tie S'~ of Texas from making photographs- and: ~1oo3'~ilans of ~~~opecrt~ av~lab~e online . Exempted fro~u the restridti~on will ~be: aerial ~pliotog~aphs of ~ five ar ~ more separately awned buildings. ota ~;at) -read l~~ore abor~ t B. 5 ~ 1 h~~,. ~ ~::~-k to S~dreh.._1 f. i ti 1 . ! copy CONFLICT OF INTEREST QUESTIQNNAIRE FARM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local aFFICE USE ONLY Govemment Code by a person doing business with the govemrnental entity. Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be fled. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Govemment Code. An offense under this section is a Class C misdemeanor. 1 Name of person doing business with local governmental entity. z Check this box if you are f ling an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.OOfi(a), Local Govemment Code, is pending and not later than the 7th business day after the date the originally #iled questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to alocal government officer of the local governmental entity with respect to expenditure of money. 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local ~govemment officer of the Ivcal governmental entity that is the subject of this questionnaire. ~ a~~ Amended 01!1311006 ~ i e „ 1'Y Ca r CONFLICT OF INTEREST QUESTIONNAIRE FORM C1Q For vendor or other person doing business with focal governmental entity Page Z 5 Name of local government officer with whom filer has affiliation or business relationship. Complete this section only if the Answer to A, B, or C is YES.) N D This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the fiber has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? ❑ Yes ❑ No ~J B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? ❑ Yes ❑ No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer . serves as an officer or director, or holds an ownership ofi 1 o percent or more? ❑ Yes ❑ No r~I ll D. Describe each affiliation or business relationship. ~1N 6 Describe any other affiliation or business relationship that might cause a conflict of interest f c~~ 7 ~ ~ Signature of person doing business with the governmental entity Date Amended 01113/2006 LM -I Bid #4115 Exhibit 1 Date:8121120Q8 Sale of Hinkle Drive Property DESCRIPTION Vendor Eagle Farms, Inc. Principle Place of Business: Denton TX Bid Total $195,001.00 Bid Bond yes LM I P01~T~1~ I NVESTMENTS 1204 W. UN/VERB/TY, STE. 900 DENTON, TEXAS 76101 ~ 940/891-4223 fAX940/891-1208 ~ infoQporterinvestments.com CONTACT INFORMATION SHEET Eagle Farms, Inc. c/o Mike Stolle 1204 W. University Drive, Suite 400 Denton, TX 76201 Ph: 940-891-4223 Fax: 940-891-1208 Email: mike@porterinvestments.com PORTER FARM & RANCH EAGLE FARMS JOHN PORTER AUTO SALES JOHN PORTER FARMS PAC GROUP i i 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 October 13, 2008 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, and after convening an Open Meeting, the Chair of the Public Utilities Board convened 7 into a Closed Meeting on Monday, October 13, 2008 at 9:00 a.m. in the Service Center Training 8 Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, and Bill Grubbs 11 12 Absent: John Baines and Randy Robinson, both excused 13 14 Ex Officio Members: 15 George C. Campbell, excused 16 Howard Martin, ACM Ut111t1eS 17 18 Chair Charldean Newell announced that a quorum was present and convened into a closed 19 meeting at 9:00 a.m. to consider the following under the provision of §551.072 of the Texas 20 Government Code. 21 22 At 9:11 a.m., the Chair declared the closed meeting ended and announced that the Public 23 Utilities Board was thereafter in open session. 24 25 OPEN MEETING: 26 27 CONSENT AGENDA: 28 The Public Utilities Board has received background information, staff's recommendations, and 29 has had an opportunity to raise questions regarding these items prior to consideration. 30 31 32 1) Consider recommending approval of an ordinance authorizing the City Manager or his 33 designee to execute a Real Estate Contract between the City of Denton and Keira Franklin, 34 and any other documents necessary to acquire an approximate 0.257 acre tract of land located 3 5 in the Gideon Walker Survey, Abstract Number 13 3 0, Denton County Texas and being the 36 remainder of a parcel of land conveyed to Randy C. Snider, by deed recorded under County 37 Clerk's File Number 96-R0016095, Real Property Records, Denton County, Texas. 38 39 2) Consider a recommendation of approval of an Ordinance authorizing the City Manager or his 40 designee to execute an Easement Purchase Agreement between the City of Denton and South 41 Stemmons Property Group, Ltd., and any other documents necessary to acquire easements of 42 approximate 0.526, 0.253, 0.089, 0.128, and 0.128 acre tracts of land located in the Robert 43 Beaumont Survey, Abstract Number 3 1, Denton County Texas, said tracts being part of a 44 parcel of land conveyed by Margaret Porter to South Stemmons Property Group Ltd., by 45 deed recorded under County Clerk's File Number 2002-R0145810, Real Property Records, 46 Denton County, Texas. 47 48 3) Consider a recommendation of approval for the City Council to adopt an ordinance of the 49 City of Denton, Texas approving Bid No. 4115 for the sale of approximately .6887 acres of 50 land situated in the R. Beaumont Survey, Abstract Number 3 1, Tract 115, which real 51 property was conveyed to the City of Denton, Texas on December 19,1944 by deed recorded Public Utilities Board Agenda October 13, 2008 Page 2 of 2 1 in Volume 31 1, Page 115, Deed Records, Denton County, Texas; providing the City 2 Manager with authority to execute a deed to Eagle Farms, Inc., the successful bidder, 3 together with any other documents necessary to sell and convey said real property. 4 5 4) Consider a recommendation of approval to the City Council of an ordinance authorizing the 6 City Manager or his designee to execute Easement Purchase Agreement(s) by and between 7 the City of Denton, Texas and South Stemmons Property Group, Ltd., together with any 8 other documents necessary to acquire easements of five tracts of land, being approximately 9 0.526, 0.253, 0.089, 0.128, and 0.128 acre tracts of land located in the Robert Beaumont 10 Survey, Abstract No. 3 1, City of Denton, Denton County Texas; said tracts being part of a 11 parcel of land conveyed by Margaret Porter to South Stemmons Property Group Ltd., by 12 deed recorded under County Clerk's File Number 2002-R0145810, Real Property Records, 13 Denton County, Texas. 14 15 5) Consider approval of the unit prices in Bid No. 4166 from Wesco Distribution, 1705 Cypress 16 Street, Haltom City, TX 76117 to enter an annual agreement for purchase ofpre-cast 17 concrete manholes in the estimated annual amount of $109,096. 18 19 6) Consider recommending approval of Bid No. 4159 to Rinker Materials, Ltd. for the 20 manufacture and delivery of reinforced precast concrete box culverts for the Duncan Street 21 Drainage project, in an amount not to exceed $100,208.88. 22 23 Board Member Phil Gallivan moved to approve Items 1, 3, 4, 5 and 6 with a second from 24 Board Member Bill Cheek. The motion was approved by a 5-0 vote. 25 AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: Building Inspections ACM: Fred Greene SUBJECT Consider adoption of an ordinance of the City of Denton, Texas amending the One and Two Family Building Permit Fee of the Schedule of Permit Fees issued by the Building Inspector; superseding prior One and Two Family Building Permit Fee Schedules to the extent of conflict, and providing for an effective date. BACKGROUND On September 23, 2008 the City Council approved a new Building Permit Fee Schedule with the exception of the proposed fee increase for One and Two-Family Dwelling Permit Fee and Temporary Food Permit. The City Council requested staff to consider a cap to the proposed fee of $.40 per square foot so as not to discourage the construction of larger houses within the city limits. During the October 7, 2008 City Council Work Session, City Staff presented the proposed One and Two-Family Permit Fee with a suggested cap at 3,500 square feet with a comparison of other options. Council determined that a cap at 3,500 square feet was reasonable. This amendment to the current One and Two-Family Permit Fee Schedule will also put Denton in alignment with neighboring cities as seen in the comparison chart of Exhibit 2. At the September 23, 2008 City Council Meeting, Council asked staff to look at the food permit fee. Staff has determined not to increase the current $20 fee associated with the city's Temporary Food Permit. Since there is no change in the fee, there is no action necessary. PRIOR/ACTION REVIEW At the September 23, 2008 City Council Meeting Council suggested staff review the One and Two-Family Dwelling Permit Fee with a cap in place. City Council subsequently reviewed the proposed One and Two-Family Permit Fee at the October 7, 2008 Work Session. No other Committee or Board has reviewed this information. FISCAL IMPACT During fiscal year 2007/2008 (FY 07/08), the City issued 645 One and Two-Family permits at a flat fee of $450 per permit. The following calculations are based on those 645 permits. The average building square foot during the study period was 2,3 3 6 square feet, and the average permit value was $267,165. The total revenue over the study period at the flat fee of $450 was $290,250. Agenda Information Sheet October 21, 2008 Page 2 Using the same number of issued permits (645) at $0.40 per square foot, it is estimated that the City would have generated $603,035.60 in total revenue over the same study period. This represents an increase of $312,785.60 when compared to the revenue generated from the flat permit ee. Using the same number of issued permits (645) at $.0.40 per square foot with an applied permit cap at 3,500 square feet, it is estimated that the City would have generated $590,814 in total revenue over the same study period. While this represents an increase of $300,564 when compared to the flat permit fee, it also represents a loss of $12,221.60 when compared to the revenue generation without a cap. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION Staff recommends approval of ordinance as written. EXHIBITS 1. Ordinance 2. Comparison of One and Two-Family Building Permit Fees of Neighboring Cities Prepared by: Kurt Hansen Building Official Respectfully submitted: Mark Cunningham, AICP, CPM s:lour dacumentslardinar~cesla8~amending building permi# schedule single family ~rdince.d~cx 1~~ ~~i AN ~RDINANE ~F THE ~~T~ OF DENTIN, TEAS, AMENDING THE ENE T~ FAMILY BUILDING PERMIT FEE QF THE SCHEDULE ~F PERMIT FEES ISSUED BY THE BLJILDIN rNPET~R.; SUPERSEDING PRIER ~NE- FA~VI7LY AND T~-FAMZLY BUILDING PERMIT FEE ~HEDULES TO THE . EXTENT OF ~NFLIT~ AND PR~v~INC~ FGR AN EFFECTIVE DATE THE ~UNIL OF THE CITE ~F DENTIN HEREBY ~RDAIl~ ETIGN 1. The following schedule afPennit Fees fvr one-Family and T~o- Fa~nily Dwellings, for permits issued by the Building Official, ~is hereby approved and adopted: . ~~T . a~~e.. ~~Pe~m~tF~es'for=1~:~~:~~~'an~l~. Dw~el~~ A ~~.A:.:_~::::_~:: a Per~~ ~e~ 1. Permit Fee ~,4~ per SF with X450.00 rrlin. not to exceed 1400.00 2. Plan Review Fee X0,00 3. Temporary Pov~er Pole I5,04 4. Temporary Utilities Fee 35,~~ 5. Fence Permit X35.00 Park Development Fee 2~~I.00 SECTION 2. .All provisions of the ordinances of the pity of Dentvn., Texas, ..establishing fees which conflict with the fees established by this ordinance, are hereby . superseded to the llrnlted extent of such conflict, SETI~N This fee schedule shall be available for public inspection t the offices of the Building official d the City Secretary. SECTION 4. This oldinance shall becarrie effective Dece~.bex 1, X008. PAS SED AND APPR~vED on this, the day of ~ , boo MARK A. BURRUH S, MAYOR. l i s:lour dacumentslardinanc~s1481amen~ing building permit sehedul~ single family ~rdinance.docx JENN~ER ALTER, 7TY ERETARY BY .APPROVED A TO LEGAL ~'Q1~M A~ITA BUROE~ ATTORNEY r~ ,r ~ i EXHIBIT 2 Comparison of One &Two-family Permit Fees With Some Neighboring Cities City 1,600 SF 2,600 SF 3,600 SF Denton (proposed) $ 640.00 $ 1,040.00 $ 1,440.00 Cities Average $ 784.75 $ 985.37 $ 1,196.73 Fort Worth $ 767.14 $ 1,062.14 $ 1,328.33 Arlington $ 700.51 $ 1,024.92 $ 1,313.15 Grand Prairie $ 750.00 $ 750.00 $ 750.00 Garland $ 625.00 $ 686.00 $ 976.00 Frisco $ 1,137.51 $ 1,612.46 $ 2,087.41 Plano $ 413.00 $ 643.00 $ 873.00 Richardson $ 800.00 $ 800.00 $ 800.00 Ca rro I Ito n $ 1,100.00 $ 1,100.00 $ 1,100.00 Lewisville $ 765.76 $ 1,050.73 $ 1,335.70 Mesquite $ 825.00 $ 825.00 $ 825.00 McKinney $ 1,154.76 $ 1,686.71 $ 2,218.65 Dallas $ 739.88 $ 966.20 $ 1,159.03 Irving $ 608.00 $ 988.00 $ 1,368.00 Allen $ 600.00 $ 600.00 $ 620.00 s:lour doc~men~slmiscellar~~a~sl~Slor~cor ais ~d~nial).doc AGENDA F'OR14~ATION H~BT AC7~NDA DATA; October ~ 1, ~~~8 DEPATIVIENT; Legal Depar~a.ent ID1V11A Jahn 1Vi. might, Deputy C1ty Attorney UBJET: ~ons1der ~ ~.esolutlon of the pity of Denton, Texas ~"it'} denying the rata increase proposed by Oncor Electric Delivery company, LLB ~"Oncor"}; f~.ding that the meeting complied with the Open Meetings Act; and declaring an effective date. BA~CROUND On dune ~~7, ~4~8 Oncvr Electric Delivery on~pany ~"Oncor"} filed a re nest to increase its transls~on and dlstnbution rates by a total of $~75 m~ll~on. The original effective date of August 208 was suspended until October 30, ~O~S. The pity must act on the rate request by that date or the requested rates ga into effect by operation of law. OncQr also filed the same request to increase rates at the Public Utility ani~nission of Texas ~"PUS"}. Testimony must be filed by ATOM at the PUS on November 248. The pity is a member of the Alliance of TUlOncor ~"ATOM"}, The Alliance consists of twenty~one municipalities who have j ained together to hire experts and analyze Oncor's requested increase in rates. REOMENDAT~ON: There are three principal reasons given by Oncor far ding the request to increase rates, they area ~ 1 }increase depreciation rates; larger storm reserve; and larger pension reserve. ATO's experts will not be ready in October to finalize their testirriony. However, they are certain that the requested increase in rates is excessive. Based upon this reconnnendatlon, ATOM recommends that the Oity deny Oncor's request to increase rates. OPTION: Approve or deny the resolution PRIOR A~TIONIR~V~w: None ~`7AL ~NFOAT~ON: None Respectfully submitted, M. might i s:lour ~ocumentslresolu~ians1081onc~r der~aal resotutivn.doc RESOLUTION N~. RE~IIUTI~N ~F THE CITY ~F DENTIN, TEAS ~"CITY"~ DENYING THE RATE INCREASE PR~P~SED BY ON~R ELETRI DELIVERY Ol1~PANY, LLB ~"NOR"}; ~`INDIN THAT THE MEETING FLIED KITH THE OPEN 1VfEETINC~ AST; AND DELARIN AN EFFECTIVE DATE. HEREAS~ ~rieor filed an application with the pity Secretary on June 27, ZOaS for an increase xn rates of ~7 million. The pity bas suspended the effective date until October 3a, ~~~5; and ~IER~EAS, the 1ty has ~a~ned v~~th a coalition of c~tles l~nown as the Alliance of TXUIOncor Customers ~"ATE"}; and WHEREAS, the application to increase rates by ~ncor ~"Statement of Intent"~ has a been filed at the Public Utility commission of Texas ~"PUC"}; and WHEREAS, the date far filing ATVs testimony has been set by the RUC far Nove~.ber 2b, ~aa8; and WHEREAS, the experts hired by AT~C have not fi~.lshed their review of the thousands of pages of responses to discovery; and WHEREAS, it is necessary for the pity to act before October 3I, 2aa8 on ~ncor's rate request; and ~vHEREAS, the experts hired by AT~C have preliminarily concluded that the sire of the rate increase is not justified; and WHEREAS, based upon the preliminary review of the City's and AT~O's experts the requested rate increase should be denied; THE CUIVCIL ~F THE CITY ~F DENTON HEREBY RES~IIES: SECTION 1, The findings set out in the preamble to this resolution are in all things approved and adopted. SECTION The pity hereby denies Oncor's request to increase rates and in support thereof finds that: a. The Statement of Yntent fails to provide suffii.cient information to justify the requested increase in rates or to justify the changes set forth in the attached tariffs; b. As a preliminary n~atter~ the requested increases for deprecia~tlon, storm reserve, and pensions appears excessive. i Dour docurnentsVesolutions\Moncor denial resolution.doc SECTION 3. The City Secretary shall notify Oncor by sending copy of same to Don J. Clevenger, Oncor Electric Delivery Company LLC, 1601 Bryan Street, Suite 22-070, Dallas, Texas 75201-3411 and ATOC shall be notified by sending a copy to Jim Boyle, Herrera & Boyle, PLLC, Suite 1250, 816 Congress Avenue, Austin, Texas 78701. SECTION 4. That the meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 5. This Resolution shall become effective from and after its passage. PASSED AND APPROVED this the day of 2008. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Page 2 ~l~~il U~ ~l~ 1 A~NDA DA.T; Dctaber 2 ~a~$ D~PART~NT; Legal Depar~nent C~DC14~1AC Jerry E. Drake, Jr., Deputy City Attorney UBJE~': Consider adoption of an ordinance of the City of Denton, Texas appra~ing a Compromise ettlen~ent Agreement between Plaintiffs JNC Partners Denton, LLC, white Cale Denton; L.P., Jahn Lau, and Campbell ~ Road Holding Company and the City of Denton; authori2tng the City 1V~anager and the City's Attorneys to act an the City's behalf in executing any and all documents; and to tape other actions necessary to finalize the settlement; and declaring an effective date. ~AI~~R~~JNII: Covered in City Attorney tabus Report, dated.. September 19, 2008. Agreement to be distributed to Council before meeting if finalized at that tithe. FINAL IIVIPAT: No immediate or direct fiscal impact is created by this agreement. 'fhe agreerrient resolves potential litigation and defines certain developrrtent rights and duties with regard to nearly ,00~ acres of land inside, and adjacent to, the city lints. Na n~anetary constderatlan 1 offered or received far this agreement, and any indirect expenditures which may arise in the future tray be separately authorised by Council if deemed appropriate at such time. ~PTII~IV: 1. Pass the ordinance to authorise execution afthe settlement agreement. Decline to pass the ordnance to authorise execution of the settlement agreement. Respectf~lly~~`~nntt , ~w..- .r, . r{ ~,r Jerry E. I]rake, . Deputy City arr~ey s.lour dacurnentslm~sce~~a~eous1~81a~s-set~le~nt agreerriet~t jr~c.doc i s:laur dac~mentsl~rdinanceslUSljn~ s~tG~ement ardinance.doc ATT~T. .~ENN~R ASTER, ~T SECRETARY ,A.~PR~~ED ~ T~ LEGAL ~AJa ANITA BU~.xE~, ,~T- Y ~r w"'~ ~'~y r" s ~T J. ~1~ ~ r ~ AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: Planning and Development ACM: Fred Greene, 387-8354 SUBJECT - MPC07-0003 (Hills of Denton North) Consider an ordinance regarding the initial zoning of approximately 484.84 acres of land to the Hills of Denton North Master Planned Community (Hills of Denton North MPC) zoning district and the proposed rezoning of approximately 17.14 acres of land from Neighborhood Residential 2 (NR-2) zoning district to the Hills of Denton North MPC zoning district. The subject site is located on the west side of Locust Street and south of Milam Road and is legally described as a tract of land situated in the J.A. Burns Survey, Abstract No. 130, the B.B.B. & C.C.C.R. Survey, Abstract No. 134, the E. Pritchett Survey, Abstract No. 1025, the W. Pea Survey, Abstract No. 1054, the F. McKettrick Survey, Abstract No. 846, the J. Stewart Survey, Abstract No. 1150, the J. Ayres Survey, Abstract No. 0002, the A. Fry Survey, Abstract No. 1639, the L.W. White Survey, Abstract No. 1408, and the S. Blish Survey, Abstract No. 40, Denton County, Texas, further being all of those certain called 165.46, 79.9951, 90.0542, 38.3235,123.192, and 5.0318 acre tracts described to 2006 Milam East Partners, L.P. by Special Warranty Deeds recorded as Instrument No's. 2007-61548, 2006-134981, 2006-134987, 2006-134991, 2006-134976, and 2006-134972, respectively, in the Official Records of Denton County; providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. The Planning and Zoning Commission recommended approval of the initial zoning and zoning change request (6-0). BACKGROUND Applicant: Larry Reichhart Grapevine, TX On October 7, 2008, the City Council held a work session. The City Council received a briefing and held a discussion regarding the proposed Hills of Denton North MPC. Following the work session the applicant received comments from staff and subsequently revised Exhibit 11 - Development Plan Infrastructure Needs Analysis. Refer to page 1 of 1 under Development Plan Infrastructure -Needs, Timing & Responsibility. On August 27, 2008, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested initial zoning and zoning change request. On July 9, 2008, the Planning and Zoning Commission received a briefing and held a discussion on the proposed Hills of Denton North MPC. Major topics of discussion included the commencement of the project and its phasing plan. On June 17, 2008, the City voluntarily annexed approximately 484.84 acres into the City of Denton. The newly annexed property does not currently have zoning. For newly annexed property that has not yet been zoned, propose uses, intensities, and lot sizes must comply with the Rural Residential (RD-5) zoning district standards and regulations. The intent of the applicant is to zone the newly annexed property to a proposed Master Planned Community (MPC) called the Hills of Denton North MPC. In addition to the newly annexed property, the applicant is included approximately 17.14 acres of abutting land that is zoned NR-2, located within the corporate city limits, as part of this proposed MPC. On April 3, 2007, the City annexed approximately 1,198 acres of land which is now part of the Hills of Denton Master Planned Community (Hills of Denton MPC), located directly south of the subject site. Following the annexation, on July 17, 2007, City Council approved the Hills of Denton MPC. The applicant of the existing MPC is the same applicant as the proposed Hills of Denton North MPC. The proposed Hills of Denton North MPC will consist of approximately 421 acres of Single- family development and approximately 81 acres of Commercial development. The site will include floodplain, open space, hike and bike trails, and potentially an Elementary school. The proposed average detached single-family density is 4 units per acre. The development threshold for detached single-family units is 1,684 units. The total number of single-family units shall be tracked by the developer as individual Final Plats are submitted for review. Located on the corners of major arterials are proposed commercial developments, see Exhibit 6 proposed Development Plan Map. The uses permitted in the Single-Family and Commercial zoning districts are described in the proposed Zoning Document, see Exhibit 8. Proposed deviations from the Denton Development Code (DDC) are shown in blue. The proposed development standards for the Hills of Denton North MPC are described in the proposed Development Standards Document, see Exhibit 9. Proposed deviations from the DDC are shown in blue. The landscaping area and tree canopy requirement for the Single-family zoning district is less compared to Neighborhood Residential (NR-4), see table below. For the commercial zoning district, the landscaping area and tree canopy requirement are the same compared to Commercial Mixed Use General (CM-G). Zoning District Landscape Area Tree Canopy Covers e Single-family 30% 40% NR-=~ =~0% ~ 0% Commercial 20% 30% CMG 20% 30% Additional proposed development standards deviations from the DDC include the following: 1. Standards for surface parking lots are required with greater than 150 spaces (100 spaces is the threshold in the DDC). Additional standards are proposed. 2. Permeable paving is not required for those surface parking spaces that exceed the number of parking spaces required (in the DDC permeable paving is required for parking spaces that exceed the number of parking spaces required) Additional standards are proposed. The developer will be required to provide additional tree canopy, open space or permeable paving may be used to mitigate the additional spaces. 3. Parking structures shall require an Alternative Development Plan and the architectural elevation must be appropriate for the character of the area (no requirement for parking structures are in the DDC). 4. Anew option for screening the right-of way is proposed. 5. Parking between the building and the street will be permitted in the Commercial zoning district (parking between the building and the street is permitted only if you meet the criteria that is outlined in the DDC). Additional standards are proposed. Screening, buffering and landscaping will be required when parking is located between the building and the street. 6. Clarification of an architectural feature and a new feature are added to a list of architectural features to select from. 7. Clarification of single-family facade separation requirement added. 8. All facades, excluding the front facade, which face a public or private right-of way (excluding alleys) must contain at least 10% of the wall space in window or door areas (the DDC requires 25%). 9. The surface area of the front side of a residential structure, excluding dormers, gables, porches, windows, doors, and bay windows, shall be 100% masonry (no requirement in the DDC). 10. The surface area on the entire residential structure shall be 80% masonry (no requirement in the DDC). 11. The minimum square footage of detached single-family units shall be 1,800 square feet of total floor area that is air conditioned (the requirement in the DDC is 900 square feet). 12. At least 10% of the detached single-family units shall be a minimum of 2,000 square feet of total floor area that is air conditioned (no requirement in the DDC). 13. At least 10% of the detached single-family units shall be a minimum of 2,200 square feet of total floor area that is air conditioned (no requirement in the DDC). 14. The minimum square footage of attached single-family units shall be 1,400 square feet of total floor area that is air conditioned (no requirement in the DDC). 15. For Commercial and office buildings or mixed-use buildings, the fronts and street sides of buildings visible from the public right-of way shall be 100% masonry excluding dormers, gables, porches, windows, doors, and trim (no requirement in the DDC). 16. Buildings shall have their primary orientation towards the street and/or parking lot (the DDC requires that the primary orientation be towards the street only). 17. The applicant has provided parking standards to replace those found in the DDC (generally, the proposed parking standards allow more parking than currently allowed in the DDC, see Exhibit 4). 18. Credit for on-street parking, one off street parking space for every on-street space (one off street parking space for every two on-street parking space is the standard in the DDC). 19. The measurement of the effective area of signs within the Single-family district is modified to exclude the area around the sign, see Exhibit 4. 20. Non-private yard structures are added to the 10% maximum area that may be disturbed within the Riparian and Water Related Habitats. 21. Public and private roads are added to the uses and activities allowed in the Riparian and Water Related Habitats. 22. Double fronted lots (through lots) are permitted and shall have a minimum average depth of 100-feet. (Through lots are prohibited in the DDC). The Development Review Committee has reviewed the proposed Hills of Denton North MPC application and provided the following infrastructure analysis. Transportation The preliminary transportation needs have been evaluated by the Engineering Department. Roadway connectivity will be reviewed during the platting stage. Prior to the final plat approval a Traffic Impact Analysis (TIA) will be required to determine any additional transportation related needs within and outside the proposed development. All traffic fees for public improvements will be required. All rights-of way dedication will be dedicated and all non- TxDOTroads will be constructed by the developer. Water There is an existing 36-inch water main located along the north side of Loop 288 approximately 11,800 feet south of the project. Future water infrastructure for the subject project will be connected to a water main that will be extended along Locust Street and/or extended through the Hills of Denton MPC development. Wastewater A wastewater main will be brought to a location approximately 3,000 feet south of the subject project within the Milam Creek Floodplain as required in the water/wastewater service agreement between Denton 288 and City of Denton signed June 5, 2007, see Exhibit 10. Future wastewater infrastructure for the subj ect proj ect will be connected to this wastewater main and/or extended through the Hills of Denton MPC development. Drama e All drainage ways on the subject property that are left in natural condition or any constructed channel will be required to have dedicated easements. The applicant will comply with all standards and regulations required by the City of Denton. Public notification information is provided in Exhibit 4. As of this writing, staff has not received any responses from property owners within 200 feet of the subject property. PRIOR ACTION/REVIEW June 17, 2008 City Council held the second and final reading of the Ordinance to voluntarily annex approximately 484.84 acres of land into the City of Denton. July 9, 2008 Planning and Zoning Commission Work Session August 27, 2008 Planning and Zoning Commission Public Hearing October 7, 2008 City Council Work Session OPTIONS 1. Approve as submitted 2. Approve subj ect to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommended approval of the initial zoning and zoning change request (6-0). EXHIBITS 1. Staff Analysis 2. Zoning Map 3. Future Land Use Map 4. Notification Map 5. Proposed Concept Plan 6. Proposed Development Plan Map 7. Existing Conditions Map 8. Proposed Zoning Document 9. Proposed Development Standards Document 10. Water/Wastewater service agreement between Denton 288 and City of Denton signed June 5, 2007. 11. Development Plan Infrastructure Needs Analysis 12. Fiscal Impact Analysis 13. Responses to Public Hearing Notice 14. August 27, 2008 Planning and Zoning Commission Minutes 15.Ordinance Prepared by: Respectfully submitted: . ~ ~ Ron Menguita Mark Cunningham Planning Supervisor Director of Planning and Development EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: MPC07-0003 DATE TO BE CONSIDERED: October 21, 2008 LOCATION: The subject site is located on the west side of Locust Street and south of Milam Road. APPLICANT: Larry Reichhart Spring Brook Planning Group 2405 Mustang Drive Grapevine, TX 76051 VVNER. 2006 Milam East Partners LP 4265 Kellway Circle Addison, TX 750001 REQUEST: Consider an ordinance regarding the initial zoning of approximately 484.84 acres of land to the Hills of Denton North Master Planned Community (Hills of Denton North MPC) zoning district and the proposed rezoning of approximately 17.14 acres of land from Neighborhood Residential 2 (NR-2) zoning district to the Hills of Denton North MPC zoning district. RECOMMENDATION: The Planning and Zoning Commission recommended approval of the initial zoning and zoning change request (6-0). COMPREHENSIVE The subject site is located within a Rural Area and Neighborhood PLAN DESIGNATION: Centers future land use designation. SITE AND The approximately 501.98 acres site is currently undeveloped except SURROUNDINGS: for some existing structures. There are approximately ten existing structures on site, all of which will be removed. North: Extraterritorial Jurisdiction (ETJ) -undeveloped South: Hills of Denton MPC -undeveloped East: Neighborhood Residential 2 (NR-2) -Rural development West: Extraterritorial Jurisdiction (ETJ) -Rural development The Hills of Denton MPC, located directly south of the subject site, will consist of approximately 2,120 acres and encompasses a traditional mixed-use development. The development will consist of approximately 1,427 acres of Single Family development, approximately 146 acres of Town-home development, approximately 110 acres of Multi-Family development, approximately 183 acres of Commercial development, approximately 93 acres of Office/Commercial development, approximately 57 acres of Town Center Commercial development, and approximately 104 acres of Town Center Residential development. The Master Planned Community also includes amenities such as Corridors, Trails, Project Entries, Ponds, an Amenity Center, Community Centers and Hike and Bike Trails. BACKGROUND On June 17, 2008, the City voluntarily annexed approximately 484.84 INFORMATION: acres into the City of Denton. The newly annexed property does not currently have zoning. For newly annexed property that has not yet been zoned, propose uses, intensities, and lot sizes must comply with the Rural Residential (RD-5) zoning district standards and regulations. The intent of the applicant is to zone the newly annexed property to a proposed Master Planned Community (MPC) called the Hills of Denton North MPC. In addition to the newly annexed property, the applicant is included approximately 17.14 acres of abutting land that is zoned NR-2, located within the corporate city limits, as part of this proposed MPC. The proposed Hills of Denton North MPC will consist of approximately 421 acres of Single-family development and approximately 81 acres of Commercial development. The site will include floodplain, open space, hike and bike trails, and potentially an Elementary school. The proposed average detached single-family density is 4 units per acre. With 4 units per acre the maximum number of single-family units is 1,684 units. The total number of single- family units shall be tracked by the developer as individual Final Plats are submitted for review. Located on the corners of maj or arterials are proposed commercial developments, see Exhibit 6 proposed Development Plan Map. ANALYSIS: Comprehensive Plan On March 27, 2007, City Council adopted an ordinance that exempted Analysis: Master Planned Communities from the requirements of processing a Comprehensive Plan amendment as part of the MPC proposal if the MPC incorporates the goals and objectives of the Denton Plan. The proposed MPC proposal is generally consistent with the goals and objectives of the Denton Plan and land use designations contained t erem. The City of Denton Comprehensive Plan Future Land Use Map shows two future land use designations within the proposed Hills of Denton North MPC. The two future land use designations are Rural Area and Neighborhood Centers. The two future land use designations are described in the Comprehensive Plan as follows: "Large-Lot Rural" Single-family large-lot residential uses will be regulated. Outside of the urbanizing areas the size of lots will be based on Denton County requirements. The remaining land within these areas would remain as agricultural uses. "Neighborhood Centers" future land use areas develop in conventional patterns or may be developed in a pattern of "neighborhood centers." Neighborhood centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school. Development Code/Zoning Analysis: Pursuant to Subchapter 35.7.12.2.D.1 of the Denton Development Code, the proposed Hills of Denton North MPC must comply with the Code, except where modifications are proposed. The applicant has submitted a MPC Zoning Document and Development Standards Document that outline the alternative development regulations and standards that deviate from the provisions of the Denton Development Code. The following are proposed development standards and regulations the applicant is proposing to deviate from the Development Code: Zoning Document: Subchapter 5 of the Development Code is excepted with the following zoning districts: SF Single Family Residential C Commercial A list of permitted uses, uses permitted with a Specific Use Permit (SUP), and limitations for each of the land use categories are presented in the Zoning Document, see Exhibit 8. General Regulations: General Re ulations SF C Minimum lot area (square feet) 5,500 2,500 Minimum lot width None 50' Minimum lot depth None None Minimum front yard setback 20' None Minimum side yard 0' None Minimum setback between dwellings 10' NIA Minimum side yard adj acent to a street 10' None Minimum rear yard 10' None Minimum yard abutting a residential use NIA 20' or district Density (dwelling units per acre) 4 0 Maximum FAR N/A 1.5 Minimum residential unit size (square feet 1,800 500 Maximum lot coverage 70% 80% Minimum Landscape area 30% 20% Maximum building height 45' 65' * * Minimum detached single-family residential unit size may be reduced to 1,300 square feet for an Active Adult Retirement Community, (see Site Design Standards for required architectural features) Clustering Standards/DensityTransfers Non-Attached single-family residential units may be clustered within the SF (Single-Family) zoning districts provided the following standards are met: a. The maximum number of single-family units built is 1,684 units. b. The total number of platted single-family lots shall be tracked by the developer as individual Final Plats are submitted for review. Development Thresholds: The following are development thresholds that apply to only the Hills of Denton development. Maximum Number of Single-Family 1,684 Units Average Single-Family Density 4.0 units per acre Maximum number of Multi-family 0 Units Avera e Multi-famil Densi NIA Single-family to Multi-family Ratio 100% SF to 0% MF Landscape and Tree Canopy Requirements: The landscaping area and tree canopy requirement for the Single- family zoning district is less compared to Neighborhood Residential (NR-4), see table below. For the commercial zoning district, the landscaping area and tree canopy requirement are the same compared to Commercial Mixed Use General (CM-G). Zonin District Landsca e Area Tree Cano Covera e Single-family 30% 40% NR-4 40% 50% Commercial 20% 3 0% CMG 20% 30% Development Standards Document: In addition to Subchapter 5, the applicant is proposing to deviate from Subchapter 13, 14, 15, 16, 17, 20 and 23. The propose deviations to these subchapters are presented in Exhibit 9, proposed Development Standards Document. The proposed Hills of Denton North MPC development shall comply with all standards and requirements in Subchapter 35 except as described in Exhibit 9. Development standard deviations to the Denton Development Code (DDC) include the following: 1. Standards for surface parking lots are required with greater than 150 spaces (100 spaces is the threshold in the DDC). Additional standards are proposed. 2. Permeable paving is not required for those surface parking spaces that exceed the number of parking spaces required (in the DDC permeable paving is required for parking spaces that exceed the number of parking spaces required) Additional standards are proposed. The developer will be required to provide additional tree canopy, open space or permeable paving may be used to mitigate the additional spaces. 3. Parking structures shall require an Alternative Development Plan and the architectural elevation must be appropriate for the character of the area (no requirement for parking structures are in the DDC). 4. Anew option for screening the right-of way is proposed. 5. Parking between the building and the street will be permitted in the Commercial zoning district (parking between the building and the street is permitted only if you meet the criteria that is outlined in the DDC). Additional standards are proposed. Additional screening, buffering and landscaping is required when parking is located between the building and the street. 6. Clarification of an architectural feature and a new feature are added to a list of architectural features to select from. 7. Clarification of single-family facade separation requirement added. 8. All facades, excluding the front facade, which face a public or private right-of way (excluding alleys) must contain at least 10% of the wall space in window or door areas (the DDC requires 25%). 9. The surface area of the front side of a residential structure, excluding dormers, gables, porches, windows, doors, and bay windows, shall be 100% masonry (no requirement in the DDC). 10. The surface area on the entire residential structure shall be 80% masonry (no requirement in the DDC). 11. The minimum square footage of detached single-family units shall be 1,800 square feet of total floor area that is air conditioned (the requirement in the DDC is 900 square feet). 12. At least 10% of the detached single-family units shall be a minimum of 2,000 square feet of total floor area that is air conditioned (no requirement in the DDC). 13. At least 10% of the detached single-family units shall be a minimum of 2,200 square feet of total floor area that is air conditioned (no requirement in the DDC). 14. The minimum square footage of attached single-family units shall be 1,400 square feet of total floor area that is air conditioned (no requirement in the DDC). 15. For Commercial and office buildings or mixed-use buildings, the fronts and street sides of buildings visible from the public right-of way shall be 100% masonry excluding dormers, gables, porches, windows, doors, and trim (no requirement in the DDC). 16. Buildings shall have their primary orientation towards the street and/or parking lot (the DDC requires that the primary orientation be towards the street only). 17. The applicant has provided parking standards to replace those found in the DDC (generally, the proposed parking standards allow more parking than currently allowed in the DDC, see Exhibit 4). 18. Credit for on-street parking, one off street parking space for every on-street space (one off street parking space for every two on-street parking space is the standard in the DDC). 19. The measurement of the effective area of signs within the Single- family district is modified to exclude the area around the sign, see Exhibit 4. 20.Non-private yard structures are added to the 10% maximum area that may be disturbed within the Riparian and Water Related Habitats. 21. Public and private roads are added to the uses and activities allowed in the Riparian and Water Related Habitats. 22. Double fronted lots (through lots) are permitted and shall have a minimum average depth of 100-feet. (Through lots are prohibited in the DDC). DEPARTMENT AND The proposed Hills of Denton North MPC has been reviewed by the AGENCY REVIEW: Denton Development Review Committee for issues related to requirements of Subchapter 3 5.7.12 Master Planned Community (MPC) District in the DDC. The proposed Hills of Denton North MPC will be required to apply for a preliminary plat for each phase or all of the property. A final plat must be approved and filed with Denton County prior to any construction. The applicant will be required to provide construction plans for the public improvements (streets, water and sewer lines) as part of the final plat application. FINDINGS: Pursuant to Subchapter 35.7.12.6, before approval or adoption of an application for a MPC Zoning Document, the Planning and Zoning Commission shall find: A. That the development proposed furthers the goals of the Denton Plan. The proposed Hills of Denton North 1l~IPC is consistent with the Denton Plan. The subject property is located within the Rural Areas and 1eighborhood Centers future land use designations. Neighborhood centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. The applicant is proposing commercial areas throughout the development to serve the day-to day activities of the residents. The applicant is also proposing cluster single family development to conserve and provide more open space. The applicant is proposing to preserve approximately 51.6 acres of floodplain/open space. B. In the case of proposed residential development, that the development will promote compatible buildings and uses and that it will be compatible with the character of the surrounding area. The proposed residential development by utilizing the regulations and site design standards outlined in the Denton Development code and where excepted by the proposed Hills of Denton North ~VIPC will promote compatible buildings and uses. The surrounding area is rural and generally undeveloped. As development occurs along the periphery, buffer and screening requirements will be required to provide compatibility with the character of the surrounding area. C. That the provisions for public facilities such as schools, fire protection, law enforcement, water, wastewater, streets, public services and parks are adequate to serve the anticipated population within the MPC District. The applicant has provided preliminary engineering studies to demonstrate adequate public facilities. Additional engineering will be required as the project moves fo~vard. The Development Review Committee Neviewed the pNOposed Hills of Denton North MPC application and provided the following infrastNUCture analysis. TranspoNtation The preliminary transportation needs have been evaluated by the Engineering Department. Roadway connectivity will be reviewed during the platting stage. Prior to the final plat approval a TNaffic Impact Analysis (TIA) will be Nequired to determine any additional transportation related needs within and outside the proposed development. All traffic fees foN public improvements will be required. All rights-of-way dedication will be dedicated and all non-TxDOT Noads will be constructed by the developer. Water There is an existing 36-inch wateN main located along the north side of Loop 288 approximately 11, 800 feet south of the project. FutuNe water infrastructuNe foN the subject pNOject will be connected to a water main that will be extended along Locust StNeet and/oN extended through the Hills of Denton MPC development. Wastewater A wastewater main will be brought to a location approximately 3, 000 feet south of the subject project within the Milam Creek Floodplain as required in the wateN/wastewater seNVice agreement between Denton 288 LP and City of Denton signed June 5, 2007, see Exhibit 10. Future wastewater infrastNUCtuNe for the subject project will be connected to this wastewater main and/oN extended thNOUgh the Hills of Denton MPC development. Drainage All dNainage ways on the subject property that are left in natural condition or any constructed channel will be required to have dedicated easements. The developer will comply with all standards and regulations required by the City of Denton's code and ordinances. OtheN Public Facilities The developer will work with the Denton ISD to determine locations for the future needs of the school distNict within the proposed Hills of Denton North ~VIPC. Park dedication, fire protection and law enforcement needs will be accessed as development occurs. Locations for fire stations and other public services will also be determined as development occurs. D. In the case of proposed commercial, industrial, institutional, recreational and other non-residential uses or mixed-uses, that such development will be appropriate in area, location and overall planning for the purpose intended. The locations of proposed commercial areas are proposed in appropriate areas. The proposed commercial areas are located along major arterials located throughout the development, see Exhibit 6 proposed Development Plan 1VIap. E. That the development is fiscally sound, as demonstrated in the Cost Impact Analysis, and is consistent with adopted policies, infrastructure plans and applicable Capital Improvement Programs (CIP) and that the Development Plan sets forth the phasing and the plan for paying for the infrastructure and responsibilities for payment. City staff has reviewed the Fiscal Impact Analysis and the Development Plan Infrastructure Needs Analysis that the applicant submitted on July 25, 2008. Staff has determined that the submitted materials are sufficient to demonstrate that the proposed 1~laster Planned Community will meet the requirements of 35.7.12.6.E. The applicant submitted a Fiscal Impact Analysis to demonstrate the project is fiscally sound, see Exhibit 12. The Fiscal Impact Analysis was reviewed by the City of Denton Department of Finance and it was determined that the analysis prepared by the applicant adequately sets forth the financing structure for the development of required City services. The analysis provides the base line development data and costs concerning the provision and timing of utilities. Page 1 of the analysis discusses the timing of the development which will consist of two phases with a projected 10 year completion time, after the development begins. According to the applicant, by the end of year 3 the revenue to the City will exceed 1 million dollars in real and business personal property income and sales income tax, covering the anticipated costs. Based on the analysis there should be no costs to the City neither, short or long-term, related to public facilities and infrastructure. All anticipated costs will be covered by the real and business personal property income and sales income tax generated by the development. The applicant also submitted a Development Plan InfNastNUCture Needs Analysis, see Exhibit 11. The Development Plan will be phased in five year intervals that detail the length of build-out time and the types and costs of public infrastructure requirements, specking the phases at which offsite extensions and improvements will be required, and assuring that development does not exceed capacity. According to the applicant, the proposed pNOject will have two phases; each phase will consist of approximately S years. Financing of the project and its infNastructuNe costs will be provided by equity and debt secured by the project. These souNCes may include, but are not limited to, private equity, internal fund sources, financing provided by banks or other lending institutions and pNivate financing. In assuNing that development does not exceed capacity, the applicant states that infrastNUCture needs will be the responsibility of the developer as required by City codes and ordinances. In addition, the City of Denton Utilities and Legal DepaNtments and the owneN/developeN have negotiated a Developers Agreement for the provisions for sanitary sewer and wateN facilities for the Hills of Denton MPC. The water/wastewater service agreement between Denton 288 and City of Denton was signed on June S, 2007, see Exhibit 10. In negotiating this agreement City Utility Department repNesentatives consideNed project requiNements and impacts to planned city facilities to serve the project and the entire CleaN Cheek basin of noNth Denton. The provisions foN sanitary sewer and water will be extended north to the subject site along Locust StNeet and/oN extended thNOUgh the Hills of Denton MPC development by the developer. Transportation The preliminary transportation needs have been evaluated by the Engineering Department. Roadway connectivity will be reviewed during the platting stage. It will be the responsibility of the developer to construct all identified Noadway infrastructure needs within the proposed development as outlined in the City's codes and ordinances. PNior to the final plat approval a Traffic Impact Analysis (TIA) will be required to deteNmine any additional tNanspoNtation Nelated needs within and outside the development. It will be the responsibility of the developer to construct all Noadway infrastructure needs within and outside the development as identified in the TIA. Water/Wastewater DuNing staff's Neview a pNeliminary evaluation was peNformed to determine approximate sizes of Water and Sanitary Sewer service mains that may be needed to seNVe the pNOject and other areas of the city that may require service from these mains in the future. A pNeliminary cost analysis was perfoNmed to estimate the total cost of these main lines and the appNOximate portion of these costs that would be the responsibility of the project. It was assumed for the purposes of this analysis that the pNOject would be Nesponsible for the cost of 12 inch mains. A detailed Water and Sewer Master Plan will be prepared at the time of platting of the first phase which is anticipated at this time to be at least 5 years in the future. PNOject paNticipation costs shown in the Fiscal Impact Analysis are based on the preliminary assumption that 12-inch mains will be Nequired to serve the project. The actual pNOject participation sizes and related costs will be determined at the time of platting and may be laNgeN or smalleN than the size assumed. It is also recognized that the city may or may not elect to paNticipate in the over sizing of these lines at the time of platting and construction as per city policy. If the City elects not to participate then the lines would be constructed at the size required to serve the project. Based on the documents submitted, infrastructure/utility will be pNOVided in compliance with City codes and ordinances and payment of infrastructure will be the responsibility of the project. EXHIBIT 2 Hills of Denton North Zoning Map 1 J~ 0 l ;Proposed Hills of Denton North Pro'ect Bounda i ~ ~ z - - ' MIL`AM c i i 2 1 ~ _ ~N_•2i ~ _ i .MPC ~ - ETJ ,~eo'a~Ar r; I~R-2,~ Hilts of Denton MPC MPC ~ i MPC ~ MPC=NR;S MP NRMU MPC NR=6 f l MPC R--4 GANLER MPC MPC MPC NR-2 MPC MPC ~ NR~~ Feet a soo ti,zoo 2.a~ EXHIBIT 3 FUTURE LAND USE MAP Rurai Are s ~,~a~ Rural Areas 0 U O _ :.t ~ tdeighborhood Center ~ - Future Land Use Map. Feet 0 SOD t:ODO 2000 EXHIBIT 4 MPCO7-0003 Hills of Denton North Norification Information Map z I 500 FOOT BUFFER I ~i~M - z a i = i e i i ! E 1 ! i,, 1 r f~; ~ ~ ~ i 200 FOOT BUFFER i I _ ~ N U i 0 J ANZER Public Notification Date: 8/1/08 200' Legal Notices sent via Certified 1~1ai1: 21 500' Courtesy Notices sent via Regular 1~Iail: 5 Fes; o goo ,zoo a,4~ Number of responses to 200' Legal Notice ■ In Opposition: 1 ■ In Favor: 1 ■ Neutral: 0 Percent of land within 200' in opposition: Less than 20 s~ ~ v_ m E..{ 3 O Ca Y u. 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I ~ o w. ~ ~ ~ .gin ~ , ~ i Case Managers Copy Items in Blue indicate deviation from code or additional standards, items highlighted in yellow indicate revisions from the previous submission H i I Is of Denton North Zoning Document June 18, 2008 GENERAL NOTE: Except as clearly and specially stated herein, the provisions of this document are subordinate to all ordinances of general application in the City of Denton, Texas. The provisions of this document do not modify or amend any ordinance of the City of Denton and have no applicability whatsoever outside the Hills of Denton North Master Planned Community. The terms of this document serve as limited exceptions to the general zoning standards of the City of Denton, only to the limited extent specified herein, and are intended to be construed narrowly and restrictively. Any stated exceptions to specific sections of any ordinance or design standard shall apply only to the limited extent necessary to achieve the stated exception, and all other requirements of such cited provisions that are not specifically excepted shall continue to apply in full force and effect within the Hills of Denton North Master Planned Community. Planner: Developer: Spring Brook Planning Group Tomlin Investments 2405 Mustang Drive 4265 Kellway Circle Grapevine, TX 76051 Addison, TX 75001 Land Use Districts and Limitations: Subchapter 5 of the Development Code is replaced with the following: Only uses listed in the tables below are permitted in the Hills of Denton North development. If there is a question as to whether a use not listed below is permitted, the Director of Planning shall make a determination whether the use is permitted or prohibited. SF Single Family Residential C Commercial Permitted use Table: Residential Land Use Categories SF C Agriculture HL(11) HL(11) Livestock H L(2) N Single Family Dwellings P N Accessor Dwellin Units SUP N y g HL(1) Attached Single Family Dwellings SUP N Dwellings Above Businesses N N Live/work Units N N Duplexes N N Community Homes For the Disabled P P Group Homes N N Multi-Family Dwellings N N Manufactured Housing Developments N N P = Permitted, N =Not Permitted, SUP =Specific Use Permit Required, L(X) =Limited as defined on page 4 of this section Revised 9/22/2008 Hills of Denton North Zoning Districts and Limitations Page 1 of 5 Commercial Uses SF C Home Occupation P N Sales of Product Grown on Site N P Hotels N P Motels N P Bed and Breakfast N P Retail Sales and Service N P Movie Theaters N SUP Restaurant or Private Club N P Drive-through Facility N P Professional Services and Office N P Quick Vehicle Servicing N P Vehicle Repair N P Auto and RV Sales N P Laundry Facilities N P Equestrian Facilities SUP N Outdoor Recreation P P Indoor Recreation P P Major Event Entertainment N SUP Commercial Parking Lots N P Administrative or Research Facility N P Broadcasting of Production Studio N P Sexually Oriented Business N N Temporary Uses HL(9) HL(9) Industrial Land Use Categories SF C Printing l Publishing N P Bakeries N P Manufacture of Non-odoriferous Foods N N Feed Lots N N Food Processing N N Light Manufacturing N N Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries HL(12) HL(12) Distribution Center N N Wholesale Stora a and Distribution N N Self-service Stora e N N Construction Materials Sales N N Junk Yards and Auto Wreckin N N Kennels N N Veterinary Clinics N P Sanitary Landfills, Commercial N N Incinerators, Transfer Station Gas Wells SUP SUP H L(8) H L(8) P = Permitted, N =Not Permitted, SUP =Specific Use Permit Required, L(X) =Limited as defined on page 4 of this section Revised 9/22/2008 Hills of Denton North Zoning Districts and Limitations Page2of5 Institutional Land Use Categories SF C Basic Utilities HL(7) SUP Community Services N P Parks and Open Space P P Churches P P Semi-public, Halls, Clubs and Lodges SUP P Business I Trade School N P Adult or Child Day Care SUP P Kindergarten, Elementary School P N Middle School P N High School N N Colleges N P Hospital N N Elderly Housing N N Medical Centers N P Cemeteries N N Mortuaries N P Revised 9/22/2008 Hills of Denton North Zoning Districts and Limitations Page 3 of 5 Hills of Denton North Limitations: The following define the limitations to land uses when the use table identifies a use as permitted, but limited. HL(1) =Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform to the overall maximum lot coverage and setback requirements of the district. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot. 4. One additional parking space shall be provided that conforms to the off street parking provisions of the Denton Development Code. HL(2) =Limited too two (2) animals on parcels one (1) to three(3) acres in size. Additional animals may be added at a rate of one per each acre over three. HL(3) =Purposely left blank HL(4) =Purposely left blank HL(5) =Purposely left blank HL(6) =Purposely left blank HL(7) = If propose use is within 200 feet of a residential zone, approval is subject to a Specific Use permit. HL(8) =Must comply with the provisions of § 3 5.22 of the Denton Development Code, Gas Well Drilling and Production. HL(9) =Must meet the requirements of § 35.12.9 of the Denton Development Code, Temporary Uses. HL(l o) = Limited to a maximum density of 12 units per acre. HL(11) = Permitted on undeveloped parcels or future phases ofmulti-phased developments. Crops such as hay or row crops are permitted. Livestock shall be limited to tracts of 5 acres or larger. HL(12) =Allowed as a temporary, non-retail use benefiting the Hills of Denton North development. Revised 9/22/2008 Hills of Denton North Zoning Districts and Limitations Page 4 of 5 General Regulations: General Regulations SF C Minimum lot area (square feet) 5,500 2,500 Minimum lot width None 50' Minimum lot depth None None Minimum front yard setback 20' None Minimum side yard 0' None Minimum setback between dwellings 10' NIA Minimum side yard adjacent to a street 10' None Minimum rear yard 10' None Minimum yard abutting a residential use or district NIA 20' Density (dwelling units per acre) 4 0 Maximum FAR NIA 1.5 Minimum residential unit size (square feet) 1,800 500 Maximum lot coverage 70% 80% Minimum Landscape area 30% 20% Maximum building height 45' 65' Minimum detached single-family residential unit size may be reduced to 1,300 square feet for an Active Adult Retirement Community, (see Site Design Standards for required architectural features) Clustering Standards/Density Transfer Non-Attached single-family residential units maybe clustered within the SF (Single-Family) zoning districts provided the following standards are met: A. The maximum number of single-family units built is 1,684 units. B. The total number of platted single-family lots shall be tracked by the developer as individual Final Plats are submitted for review. DEVELOPMENT THRESHOLDS: Maximum Number of Single-Family Units 1,684 Average Single-Family Density 4.0 units per acre Maximum number ofMulti-family Units 0 Average Multi-family Density NIA Single-family to Multi-family Ratio 100% SF to 0% MF Revised 9/22/2008 Hills of Denton North Zoning Districts and Limitations Page 5 of 5 Case Managers Copy Items in Blue indicate deviation from code or additional standards, items highlighted in yellow indicate revisions from the previous submission H i I Is of Denton North Development Standards Document June 18 2008 GENERAL NOTE: Except as clearly and specially stated herein, the provisions of this document are subordinate to all ordinances of general application in the City of Denton, Texas. The provisions of this document do not modify or amend any ordinance of the City of Denton and have no applicability whatsoever outside the Hills of Denton North Master Planned Community. The terms of this document serve as limited exceptions to the general zoning standards of the City of Denton, only to the limited extent specified herein, and are intended to be construed narrowly and restrictively. Any stated exceptions to specific sections of any ordinance or design standard shall apply only to the limited extent necessary to achieve the stated exception, and all other requirements of such cited provisions that are not specifically excepted shall continue to apply in full force and effect within the Hills of Denton North Master Planned Community. Planner: Developer: Spring Brook Planning Group Tomlin Investments 2405 Mustang Drive 4265 Kellway Circle Grapevine, TX 76051 Addison, TX 75001 Landscape and Tree Canopy Requirements: Landscape and tree canopy requirements shall comply with § 35.13.7.B of the Denton Development Code with the following exceptions: Landscape and Tree Canopy Requirements Percent Percent Tree Districts L n Ar Canopy a dscape ea Covera e g SF Single Family Residential 30% 40% C Commercial 20% 3 0% Street Tree Requirements: Street tree requirements shall comply with § 3 5.13.7. C of the Denton Development Code with the following exceptions: §35.13.7.C.3 shall be amended as follows: 3. Number and Spacing. Street trees shall be planted by the following requirements: a. Spacing along street i. Single Family Residential -spacing of street trees within single-family residential developments shall be conducted as follows: a. A minimum of one (1) tree per lot for developments with spacing not to exceed 60' on center. b. Corner lots for all single-family developments shall require two or more street trees, evenly spaced, depending on the length of frontage on each street for such lots. ii. Multi-Family Residential, Townhome and Non-residential Developments -spacing of street trees within multi-family residential, townhome ornon-residential developments shall be one (1) tree for every 45 linear feet of street frontage. iii. Corner lots -street trees on corner lots for all developments shall be located a minimum oftwenty-five (25) feet from the property corner adjacent to the street right-of way intersection. Revised 9/22/2008 Hills of Denton North Site Design Standards Page 1 of 14 Access, Parking and Circulation Requirements: Access, parking and circulation requirements shall comply with § 35.13.10 of the Denton Development Code with the following exceptions: § 35.13.10.B.1.c. shall be amended as follows: Surface parking lots with greater than 150 parking spaces or more shall: o Be divided into separate areas by landscaped areas or walkways at least 10 feet in width, or by a building or group of buildings. o Provide adequate pedestrian circulation within the site. Pedestrian walkways shall be directly linked to entrances and the internal circulation of the building(s). o A raised walkway, of aminimum un-obstructive width of 5', shall be installed through parking areas for developments involving a gross floor area in excess of 40,000 square feet. § 35.13.10.B.1.d. shall be amended as follows: Permeable paving is not required for those surface parking spaces that exceed the number of parking spaces required. For each additional parking space that exceeds the number of parking spaces required; a. 100 sq ft of parking lot tree canopy above and beyond the minimum required, or b. 10% of additional parking lot open space shall be provided in the parking lot, or c. Permeable paving, or d. The equivalent amount of open space (i.e. 1,000 sq. ft. excess parking =1,000 excess open space above and beyond minimum required) shall be provided within 100' of the parking lot, or e. Any combination of the above. § 35.13.10.B.2. shall be excepted to apply the following additional standard in the Hills of Denton North MPC: Parking Structures. Parking structures shall require approval of an Alternative Development Plan meeting the criteria of Subchapter 35.13.5, along with an additional finding that the proposed architectural elevation is appropriate for the character of the area. Revised: 9/22/2008 Hills of Denton North Site Design Standards Page 2 of 14 § 35.13.10.C. shall be amended as follows: Parking Lot landscaping and Screening Standards. All parking lots, which for purposes of this section, include areas of vehicle maneuvering, parking, and loading, shall be landscaped and screened as follows: 1. Landscape Standards. a. A minimum of 7% of the total parking area shall be landscaped b. A minimum of 15% of the required parking shall be covered by tree canopy c. The tree species shall be an appropriate shade tree and shall be selected from the Tree List in the City of Denton Site Design Criteria Manual. d. The landscaped and end cap areas shall be planted with trees, shrubs or groundcover. Landscaped areas should be evenly distributed throughout the parking area and parking perimeter. 2. Screening at Right of Way. Any one or combination of the following shall be used. These requirements are in addition to the street tree requirements: a. A 3 foot high wall made of any combination of wrought iron, masonry, stone or ecoratlve concrete pane s. b. A minimum 1 o foot wide landscape area planted with one large tree for every 40 linear feet, except along areas where parking in front of buildings is permitted. c. A 3 foot high berm with a maximum 3 on 1 side slopes planted with one large tree for every 40 linear feet, except along areas where parking in front of buildings is permltte . 3. Parking between the building and the street is permitted in the Commercial district prove c a. That the parking is screened by any one or any combination of the following; i. A 36" high masonry wall, or 11. A minimum 48" high tubular steel /wrought iron style fence with masonry columns evenly spaced approximately 40' on center, or 111. A 25' wide landscape buffer with a minimum 42" high berm with 1 on 4 maximum side slopes. Landscape area must contain one large tree for every 40 linear feet. b. That the parking area between the building and the street receive: i. An additional 5% tree canopy above and beyond the 15% required (for a total of 20%). Additional canopy coverage cannot be credited towards other canopy requirements; 11. An additional 3% landscape area above and beyond the 7% required (for a total of 10%). Additional landscape area cannot be credited towards other open space requirements; and 111. Parking lots shall provide interior planting islands between parking spaces at an average of every 1 o parking spaces to avoid long rows of parked cars. The planting islands shall be a minimum of 153 square feet and be protected by a 6-inch high curb on all sides and a 12-inch wide concrete Revised: 9/22/2008 Hills of Denton North Site Design Standards Page 3 of 14 step-off area adjacent to parking spaces. A large tree shall be planted within this planting island. Revised: 9/22/2008 Hills of Denton North Site Design Standards Page 4 of 14 Hills of Denton North Site Development Regulations: Single-Family Architectural Standards: Site Development Requirements for Residential Buildings. Any residential building that is built on a lot of less than 10,000 square feet or contains two or more dwelling units shall comply with the following standards: A. Buildings shall utilize at least three of the following architectural features: 1. Dormers 2. Gables 3. Recessed entries, a minimum of 3' deep 4. Covered front porches (The depth of the porch must be at least 6' in depth to receive credit as an architectural feature). 5. Cupolas 6. Architectural pillars or posts 7. Bay windows, a min. 24" projection 8. Covered front porches that extend along at least 50% of the front facade (excluding the garage) shall receive credit as two features) B. The garage door shall not occupy more than 40% of the total building frontage. This measurement does not apply to garages facing an alley or courtyard entrance such as side entry garages, commonly referred to as J-swings. Any front facing garage may not extend beyond the house front. Front facing garages that are at least 30 feet behind the house front may exceed the 40% frontage minimum. C. Houses with the same facade on either side of a given street (represented by "A" and "B" below) must be separated by a minimum of three lots. f f f f f f f f I ~ '1 f { f r . 1 ~ I ~ I f f f f f .I I ~ ~ J Revised: 9/22/2008 Hills of Denton North Site Design Stanch ds Page 5 of 14 D. Duplex buildings shall be designed to appear as a single unit. E. All walls along the front facade (front adj oining a public or private right-of way where the building entrance/address is located) must contain at least 25% of the wall space in window or door areas (excluding garage doors). All other facades, which face a public or private right-of way (excluding alleys) must contain at least 10% of the wall space in window or door areas (excluding garage doors), or one opening per sleeping area (as defined by the Building Code), whichever is greater. Shutters, trims, and faux windows will not be counted towards the minimum requirement. F. Primary entrance shall face a public street and sidewalk or be a courtyard entrance. G. Windows facing a street shall be provided with trim or shall be recessed. Windows shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the jamb. H. 100% of the surface area of the front side of the residential structure, excluding dormers, gables, porches, windows, doors, and bay windows, shall be masonry. The total percentage of masonry on the entire residential structure, excluding dormers, gables, porches, windows, doors, and bay windows, shall be a minimum of 80%. Masonry includes brick, stone, or stucco. I. No exterior combination of brick color, mortar color, and sand color shall be repeated within 200 lineal feet on the same street. J. A/C compressors, utility meters, and plumbing cleanouts shall be screened from view from the public right-of way using landscaping or fences. Height on planting material after two growing seasons shall be a minimum of 30 inches. For energy efficiency, A/C compressors shall be located on the east or north face of the house, unless doing so would place the compressor in the front yard, or facing any street. K. Garage access shall not be from a primary or side street when alley access is available. L. Each detached single-family dwelling shall have a 2 car enclosed garage or larger. M. The minimum square footage of detached single-family dwellings shall be 1,800 square feet of total floor area that is air conditioned. 1. This requirement may be reduced to 1,300 square feet for active adult retirement community development, limited by private deed restriction to require that at least one person residing in each household shall have attained an age of fifty-five (55) years. In such cases a minimum of four (4) of the architectural elements listed in "A" above must be utilized on each structure. N. At least 10% of the detached single family dwellings shall be a minimum of 2,000 square feet of total floor area that is air conditioned and utilize at least four (4) of the architectural features listed in "A" above. 0. At least 10% of the detached single family dwellings shall be a minimum of 2,200 square feet of total floor area that is air conditioned and utilize at least four (4) of the architectural features listed in "A" above. Revised: 9/22/2008 Hills of Denton North Site Design Standards Page 6 of 14 P. The minimum square footage of attached single-family dwellings shall be 1,400 square feet per unit of total floor area that is air conditioned. Q. All dwellings shall have a roof of slate, file or 20 year composition singles with a weight of at least 240 pounds per 100 square feet. R. The roof pitch of the primary structure shall be 6-in-12 slope minimum. Revised: 9/22/2008 Hills of Denton North Site Design Standards Page 7 of 14 Non-ResidentiaUCommercial and Office Buildings. Commercial and office buildings or mixed-used buildings and their lots shall comply with the following regulations. A. Orientation. 1. Building frontages greater than 100 feet in length shall have offsets, jogs, or other distinctive changes in the building facade to create shadow lines. Offsets and j ogs shall be a minimum of 2 feet in depth. 2. Buildings shall incorporate arcades, roofs, alcoves, porticoes and awnings as a design element of the facade. The planting of trees may be used in place of these architectural elements. 3. The primary entrance of a building or store shall have a clearly defined, highly visible customer entrance with distinguishing features such as a canopy, portico or other prominent element of the architectural design. 4. Buildings shall have their primary orientation towards the street and/or parking lot. 5. Buildings that are within 3o feet of the street shall have an entrance for pedestrians from the street to the building interior. 6. Trash storage areas, mechanical equipment, and similar areas are not permitted to be visible from the street. 7. Loading docks are not permitted to be visible from the street, and may not be accessed directly from the street. 8. Parking areas that are located between the building and the street shall conform to the regulations identified in the Access, Parking and Circulation Requirements. B. Building Materials. 1. Windows shall be provided with trim. Windows shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the dam . 2. Fronts and street sides of buildings visible from the public right of way shall be 100% masonry excluding dormers, gables, porches, windows, doors, and trim. 3. Glass. Use of glass for displays and to allow visual access to interior space is permitted. Buildings may not incorporate glass for more than 70% of the building s in. 4. Metal roofs are permitted provided that they are of architectural quality. § 35.13.13.3.C. shall be excepted from application in this development. Revised: 9/22/2008 Hills of Denton North Site Design Standards Page 8 of 14 Parking Standards: Parking requirements shall comply with § 3 5.14 of the Denton Development Code with the following exceptions: Spaces Required. The number of parking spaces required shall be based on the following table: A. Residential Uses. 1. Single family dwellings. Two (2) spaces per dwelling unit; the spaces can not be tandem parking spaces. 2. Mixed density dwellings. a. Studio units or 1-bedroom units less than 500 sq. ft. 1.00 space/unit. b. 1-bedroom units 500 sq. ft. or larger 1.50 spaces/unit. c. 2-bedroom units 1.75 spaces/unit. d. 3-bedroom 2.00 spaces/unit. e. 4 bedroom and more 1.00 space/bedroom. f. Retirement complexes for seniors 55-years or greater 1.00 space/unit. 7. Amenity Center. Two (2) spaces peer one thousand (1,000) square feet of gross floor area. B. Commercial Uses. 1. Auto, boat or trailer sales, retail nurseries and other open-space uses. One (1) space per one thousand (1,000) square feet of the first ten thousand (10,000) square feet of gross land area; plus one (1) space per five thousand (5,000) square feet for the excess over ten thousand (10,000) square feet of gross land area; and one (1) per two (2) employees. 2. Bowling Alleys. Three (3) spaces per alley, plus additional spaces for auxiliary activities set forth in this section. 3. Business, general retail, person services. ~ General -one (1) space for two hundred (200) square feet of gross floor area. ~ Furniture and appliances -one (1) space per five hundred fifty (500) square feet of gross floor area. 4. Chapels and mortuaries. One (1) space per three (3) fixed seats in the main chapel. 5. Offices. Medical and dental -one (1) space per one hundred fifty (150) square feet of gross floor area. General -one (1) space per two hundred fifty (250) square feet of gross Revised: 9/22/2008 Hills of Denton North Site Design Standards Page 9 of 14 floor area. 6. Restaurants, bars, ice cream parlors and similar uses. One (1) space per four (4) seats or one (1) space per 100 sq. ft. of gross floor area (including outdoor serving areas) up to 4,000 square feet, whichever is greater, plus one (1) space for each 80 square feet of gross floor area over 4,000 square feet. A minimum of three (3) spaces is required. 7. Skating rinks. One (1) space per one-hundred (100) sq. ft. of gross building area. 8. Theaters, auditoriums, stadiums, gymnasiums and similar uses. One (1) space per three (3) seats. 9. Hotels and motels. One (1) space for each guest room, plus one (1) space for the owner or manager. Any convention facilities, restaurants, and other facilities shall be computed for their individual parking demand. 10. Stables. One (1) space for each five (5) horses kept on the premises. 1 1. Coin Operated Laundry. One (1) space for each three (3) washing machines. C. Industrial Uses. 1. Industrial uses, except warehousing. One (1) space per five hundred (500) square feet of gross floor area or for each two (2) employees on the largest shift, whichever is greater. 2. Warehousing (used exclusively for storage). One (1) space per one thousand (1,000) square feet of gross floor area or for each two (2) employees, whichever is greater. 3. Warehousing (not used exclusively for storage). One (1) space per five hundred (500) square feet of gross floor area, plus one (1) space per two-hundred fifty (250) square feet of office or sales area. 4. Public utilities (gas, water, telephone, etc.), not including business offices. One (1) space per two (2) employees on the largest shift; a minimum of two (2) spaces is require . D. Institutional and Public Uses. l . Day care facilities having 13 or more children/adults. Two (2) spaces per three (3) employees plus 1 loading space for every 8 children; a minimum of two (2) spaces is require . 2. Churches, temples and other places of assembly not specified elsewhere. One (1) space per three (3) seats within the main auditorium or one (1) space for every thirty-five (35) square feet of seating area within the main auditorium where there are no fixed seats; eighteen (18) lineal inches of bench shall be considered a fixed seat. 3. Golf courses, a. Regulation Course -Eight (8) spaces per hole, plus additional spaces for auxiliary uses on the site set forth in this section. b. Driving Range -One (1) space per tee, plus additional spaces for auxiliary uses on t e site. Revised: 9/22/2008 Hills of Denton North Site Design Standards Page 10 of 14 c. Miniature golf courses -Three (3) spaces per hole, plus additional spaces for auxiliary uses on the site set forth in this section. 4. Hospitals. One and three quarters (1.75) spaces per patient bed. 5. Nursing and convalescent homes. One (1) space per four (4) patient beds. 6. Rest homes, homes for the aged, or assisted living. One (1) space per four (4) patient beds or one (1) space per apartment unit. 7. Schools, elementary and junior high. One and one-half (1 1/2) spaces per classroom, or the requirements for public assembly areas as set forth herein, whichever is greater. 8. High schools. One (1) space for each member of the faculty and each employee, plus one (1) space for each six (6) full-time student capacity, or the requirements for public assembly as set forth herein, whichever is greater. 9. Colleges, universities and trade schools. One and one-half (1 1/2) spaces per classroom, plus one (1) space per three (3) students the school is designed to accommodate, plus requirements for on-campus student housing. E. Unspecified Uses. Where parking requirements for any use are not specifically defined in this section, such requirements shall be determined by the Director of Planning and Development based upon the most comparable use specified herein, and other available data. F. Maximum Allowable Number of Spaces. Any spaces over the required number of spaces shall be mitigated per the Access Parking and Circulation Requirements of this document. Spaces provided on-street, or within the building footprint of structures, such as in rooftop parking, or under-structure parking, or in multi-level parking above or below surface lots, shall not apply towards the maximum number of allowable spaces. Credit for On-street Parking. The amount of off street parking required shall be reduced by the following credit provided for on-street parking: one off street parking space credit for every one on-street space. Revised: 9/22/2008 Hills of Denton North Site Design Standards Page 11 of 14 Signage: Signage standards and procedures shall comply with § 35.15 of the Denton Development Code with the following exceptions: § 3 5.15.17.5 of the Denton Development Code shall be amended to include the following graphic exception for effective area of signs within SF districts. F ~ d i Y EXCLUDED FROM EFFECTIVE AREA Si na eon Perimeter Fencin & Entr Monuments gg g y Revised: 9/22/2008 Hills of Denton North Site Design Standards Page 12 of 14 Subdivision Standards and Procedures: Subdivision standards and procedures shall comply with § 35.20 of the Denton Development Code with the following exceptions 2. Through Lots: The definition of Double fronted lots (which are the same as Through Lots) states that they are prohibited, however, § 35.20.2.G.3 states that Through Lots are permitted where essential to provide separation of residential development from major traffic arteries. § 20.2.G.3 also states that the minimum lot depth for double fronted lost shall be 110' . Proposed Standard: § 35.20.2.G.3: Block width. Double fronted lots shall be avoided except where essential to provide separation of residential development from major traffic arteries or adjacent nonresidential activities or to overcome specific disadvantages of topography and orientation. Through Lots shall have a minimum average depth of one hundred (100) feet. §35.23.2: Lot, Double Frontage: A lot having frontage on two nonintersecting streets, as distinguished from a corner lot. Revised: 9/22/2008 Hills of Denton North Site Design Standards Page 13 of 14 Environmentally Sensitive Areas. (REPLACES ~35.17.8A) Riparian Buffer and Water Related Habitat Development Standards. The following uses and activities are allowed in the Riparian Buffer and Water Related Habitats and are in addition to the restrictions for development in this Subchapter, Site Disturbance and shall be delineated on the completed application for Environmentally Sensitive Areas review: A. Permitted Uses and Activities. The following uses and activities are allowed in Riparian Buffer and Water Related Habitats and shall be delineated on the completed application for Environmentally Sensitive Areas review: 1. Up to 10% of the area may be disturbed for private yard and/or non-private yard structures including but not limited to: gardens, yards, trails, and clearings, but which are no closer than 25 feet from the stream bank or riparian buffer. No disturbance is permitted in delineated wetlands. 2. Repair, replacement or improvement of utility facilities where: a. The disturbed portion of the Environmentally Sensitive Area is restored; and, b. Non-native vegetation is removed from the Environmentally Sensitive Area and replaced with vegetation from the City Native Plant List. 3. Additions, alterations, rehabilitation, or replacement of existing structures that do not increase the existing structural footprint in the Riparian Area or Water Related Habitat Area where the disturbed portion of the area is restored using native vegetative cover. 4. Stream, wetland, riparian and upland enhancement or restoration projects. 5. Agricultural activity, including buildings and structures is permitted outside of the environmentally sensitive areas, unless otherwise permitted through NWP 40, Agricultural Activities or any other permit as required by FEMA or Section 404 or as allowed in this Subchapter. 6. Routine repair and maintenance of existing structures, roadways, driveways, utility facilities, accessory uses and other development. 7. Measures to remove or abate nuisances, or any other violation of State statute, administrative rule, or City Code of Ordinances. 8. Any action taken by the City in an emergency to mitigate an existing or potential hazard. 9. Gas well drilling and production within riparian buffers and water related habitats shall comply with Subchapter 3 5.22 Gas Well Drilling and Production. 10. Public and private roads. Revised: 9/22/2008 Hills of Denton North Site Design Standards Page 14 of 14 EXHIBIT 10 THE STATE OF TEXAS § COUNTY OF DENTON § AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND DENTON 288, L.P. FOR THE PROVISION OF SANITARY SEWER AND WATER FACILITIES THIS AGREEMENT (the "Agreement") is made and entered into on the -QLl_ day of 2007 by and between Denton 283, L.P., a Texas limited partnership (the "Developer") and the City of Denton, Texas, a municipal corporation and a home-rule municipality (the "City"), located in Denton County, Texas. RECITALS: WHEREAS. the Developer is the owner and developer of the "Hills ol'Demon," which is a development located in the City, that contains approximately 2121 acres of land, and is more particularly described in 1:?xhrbit '*A'* which is attached hereto and incorporated herewith by reference (the "Development"); and WHEREAS, certain oil-site sanitary sewer tacilities need to be constructed in order to nice( the demands projec(ed to be created by the Development; and WHEREAS, in addition, the City desires to construct smitary sewer facilities to meet the needs of the City, which are above and beyond the needs projected to be created by (he Development. and WFIEREAS, certain oil=site connections to the City's water distribution Facilities need to be constructed by the Developer, at the Developer's cost to provide potable water service to the Development; and WHEREAS, the City and the Developer have entered into this Agreement to set forth the terms, conditions, and provisions under which the proposed sanitary sewer facilities and the proposed water distribution lacilides will be constructed and paid lor; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and the mutual promises and undertakings by the parties hereto, the su(liciency of which consideration is hereby acknowledged, the parties hereby AGREE as follows: I. Description of. Sewer Facilities. The sanitary sewer facilities provided for in this Agreement (the '`Sewer Facilities") are described as follows: A. The oil-site Sewer Facilities to provide wastewater service to the Development and to the Milani/Clear Creek Sewer Basins will be constructed in two phases, as depicted in Exhibit "'B" which is attached hereto and incorporated herewith by reference. 48683 1 B. The "Phase F project will include construction of the 30-inch off-site sewer line from the Development up to the proximity of the proposed 1.8 million gallons per day (mgd) Interim Milan Creek Lift Station (IMCLS), a 15 or 18-inch sewer line connection fi-om the 30-inch sewer line to the IMCLS to carry 1.8 mgd flow, and the construction of the IMCLS and approximately 8,500 feet of 8-inch force main from the IMCLS to south of Loop 288, to discharge wastewater into the City's existing wastewater collection system along Stuart Road. C. The Phase Il project will include construction of (lie sanitary sewer line extending from the IMCLS to the Clear Creek Water Reclamation Plant ("CCWRP") site, the line's destination. and construction of the CCWRP. During the construction of the Phase II project, City wastewater service to the Development will be maintained, without interruption, fir all phases of construction in the Development. 2. Developer's Construction Project. Developer is responsible for the survey, design and construction of the entire off-site "Phase 1'' project (see definition of "Phase 1" project in Section I.B. above). Also, the Developer is responsible for the design, casement acquisition and construction of all on-site sanitary sewer facilities needed to serve the wastewater needs of the Development. The City agrees to grant access to the Developer, its successors and assigns, and their respective employees, contractors, subcontractors and agents, upon any property, casements, or rights-of-way owned by the City in which any of the on-site or orl'-site sanitary sewer lacililies are intended to be localcd. The City shall review all requests liar easements and rights-ot-way to assess whether any Ieasible alternatives to condemnation exist. Any and all reasonable costs and expenses associated with obtaining such on site easements or rights-ol-way. including but not limited to land acquisition costs, reasonable attorneys' lees. reasonable engineering fees and other reasonably loresecablc costs. shall be the sole responsibility )I' the Developer to the extent Developer specifically requests the assistance ol'the City in writing in connection therewith. A. The Developer at Developers sole cost shall submit to the City a sewer master plan that reflects the wastewater needs of file Development per the zoning for the Development that is approved by the City. In addition the sewer master plan shall include all existing or projected wastewater flows from upstream oil-site areas that drain through the Development. B. The sewer master plan shall comply with the latest edition of the City of Denton Water/Wastewater Dcsign C.riletia Manual, which is incorporated herewith and made a part ol' this Agreement by reference. The sewer master plan submittal and review will be required during the general development and preliminary plat process. C. Any oversize of on-site sewer lines required to accommodate wastewater flows from contributing oil-site areas will be paid for by the City, in compliance with the current subdivision and development code requirements of the City. The patties hereto understand that oversize participation agreements are subject to the approval by the Denton City Council, alter the City Council receives it recommendation from the City of Denton Public Utilities Board. D. Developer understands that the City charges impact fees for all new of expanded water and sewer connections to the City water/wastewater system. Developer's costs related to survey. design and construction of the "Phase 1" project do not represent any credit against the impact 48683 2 lees due and owing to the City. Impact fees are assessed for all connections to the City water/wastewater system based upon the rate schedule that is in effect at the date that the plat of the Development is accepted by the City. Impact lees will be collected at the time a building pen-nit is obtained-, or if a building permit is not required, they are collected at the time an application is tiled for a new connection to the City-s water or wastewater system. Developer also understands that it shall also receive no credit against any meter connection fees due to the city. E. The City and Developer agree that if Developer does not complete the construction of" the "Phase I" project by the second anniversary Of the execution of this Agreement; that the City may elect to terminate this Agreement without any liability therefore; or in the alternative, the City may elect to offer an amendment to this Agreement, but is not required to offer said amendment to Agreement, for Developer's consideration. F. The Developer will not be responsible for payment of any cost share in the survey, design, construction, and casement costs for the Phase If project. The survey, design and construction of the "Phase I-' project will be the only obligation of the Developer for off-site sewer construction to obtain wastewater service for the entire Development. i. City-s Construction Project. The City is responsible I1or the oil=site easement acquisition lirr the "Phase F project, and Im- the survey, design, easement acquisition and construction of the entire Phase 11 project as shown in Exhibit "B." A. As wastewater flows reach the capacity of the IMCLS described in Section I.B. above, the City will coninlcnce the construction of (Ile -Phase 11" project, which will at that time include the sanitary sewer line extending !iron the IMCLS to the Clear Creek Water Reclamation Plant ("CCWRI'--) site, the line-s destination, and the City will at that time construct the CCWRP. During the construction of the Phase 11 project, City wastewater service to the Development will be maintained, without interruption, for all phases ofconstuclion in the Development. B. The city will provide for adequale wastewater capacity in the off-site Sewer Facilities for all phases ofconst-uction in the Development in accordance with the zoning that is approved by the City. 4. Description of Water Facilities. Water supply for the Development i available firom the existing thirty-six ( 36") inch transmission pipeline located to the south.of the Development along the north side of Loop 243. The City prefers that connections to the pipeline come front only four (4) existing pipeline stub-outs located at: 1. The northwest confer of Loop 283 and Locust Street (FM 2164) (16-inch) 2. Approximately 3,200 icet west of the above location along the north side of Loop 288 (t 2-inch). 3. R 4. Approximately an additional 1,800 feet west of the immediately previous location along the north side of Loop 284 near the northeast corner of the UNT Research Campus (two connection points, 12-inch and 16-inch) 48683 3 In addition there is an existing 12-inch waterline located on Milani Road (FM 3163) approximately 2,750 feet east of IH-33, available for extension along Milan Road to provide additional capacity and service to the northern section of the proposed development. A. Water service from the thirty-six inch (36") transmission pipeline will provide adequate service pressures for the Development at it water service elevation of no more than 712 fl MSL. in accordance with current Texas Commission on Environmental quality (TCIQ) regulations. It is recommended to the Developer by the City that any properties within the Development that are in excess of this elevation be served by a separate pressure plane system or be re-graded to an elevation lower than 712 ft MSL. B. Current City subdivision regulations require the Developer to design and to install hcooster pump stations that are not purl of a city-wide pressure plane system. Based upon a preliminary review of the topographic elevations of the; Development, there is only one ( I ) location that may have difficulty with meeting this criterion. Acceptable alternative options for this area include: I . Re-grading the area to lower the hill to tut elevation of less than 712 It MSL. 2. Providing a Booster pump station and pressure plane acceptable to City standards. The City may elect to require that this system be privately owned and operated, depending upon the Factual situation. 3. Consider park space, open space or other land uses that for this area that will not require City water service. C. The Developer. at Developer's sole cost will be required to perform a water distribution system analysis and master plan Ior the Development to identify the necessary water system improvements needed to serve the Development under a build out condition. D. The City will provide suitable hydrruliC in601-111,11 ion 1br the existing trarlsmissl(n pipeline system for the Developer's engineering consultant to use 161- boundary conditions kir their distribution model. 11' the Developer prefers, the City will make arrangements for un engineering firm to pcrlbrm this engineering analysis; however the Developer understands that this engineering analysis would be solely at the Developer's cost and expense. E. It is anticipated that the Development will require a minimum of three, and a maximum of Four off-Site connections from the Loop 288 water transmission system, to serve the build out condition For this Development. The waterline along Milani Road will provide an additional supply. The overall density of the project, the land uses and fire protection requirements, the phasing of the Development: and the sizes and timing of the off=site waterlines will have a bearing on the number of corrections required and their required sire. F. All waterline extensions shall be designed under current City subdivision and development code and design criteria manual requirements. The analysis and review will be required during the general development and the preliminary plat process. G. All off=site water line extensions will be subject to consideration for oversize participation agreements by the City in accordance with current City subdivision and 48683 4 development code requirements. Oversize participation agreements are subject, however, to approval by the Denton City Council alter receiving a recommendation from the City of Denton Public Utilities Board. H. The Developer may elect to request it pro-rata agreement fi-om (he City for any off-site water improvements in accordance with current City subdivision and development code requirements. Pro-rata agreements are subject to approval by the Denton City Council after receiving a recommendation from the City of Denton Public Utilities Board. 1. All waterlines in the Development shall be installed within dedicated City street right-or- ways or within public utility easements, as are approved by the Director of the City's Water Utilities Department. Extensions of waterlines along locust Street (FM 2164) and Milam Road (FM 3163) will require a public utility easenlcn( of a minimum width of twenty (20') feet. located adjacent to the future right-or=way dedication liar FM 2164. The Developer expressly recognizes and understands that the location of waterlines within the FM 2164 Highway right-of= way will not be approved by the City. 5. Dcsign of Public Improvements: Approval of flans and Specifications. All public improvements associated with the Developer's construction project and the City's construction project (hereafter the "Public Improvcmcnts") shall be designed and constructed in accordance with (he City's standard specifications for public works construction: which specifications are inco►Jxmucd hcrewith by relercncc. A. Construction R)r the Developer's construction project shall not conuncnce until the Developer and its contractor enter into (he City's standard three-way public works contract between the City and the Developer, and its contractor (the "Three-Way Agreement"): and a perfomrmce bond in the amount required; a payment bond; and required insurance certificates are delivered to the City, in the form and subNtance required by the City. 6. Notices. Any notice, demand or other communication required or permitted to be delivered hereunder (other than invoices to be delivered as hereinafter described) shall be deemed received when sent by Unitcd States mail, postage pre-paid, certified mail, return receipt requested. addressed to each respective party, or sent via facsimile to the lax number set forth for each party at the time indicated on the confirmation of transmission generated by the sender's electronic equipment, as follows: If to the City: With a copy to: City of Denton, Texas City of Denton, Texas 215 East McKinney Street 215 East McKinney Street Denton, Texas 76201 Denton, Texas 76201 Attention: Howard Martin Attention: Jim Coulter Assistant City Managcr/Utilities Director of Water Utilities Fax No.: (940) 349-8120 Fax No.: (940) 349-8120 48683 5 If to the Developer: With copies to: Denton 288 L.P. C/O Tomlin Investments. Ltd. Tomlin Investments, Ltd. 4265 Kellway Circle 4265 Kelhvay Circle Addison, Texas 75001 Addison, Texas 75001 Attention: Dan Tomlin, 111, President Attention: Rod Zielke. Partner Fax No.: (972) 788-4247 Fax No. (972) 738-4247 The parties hereto may change their respective notice addresses for all communications and invoices, by a written notice delivered to the other party, in accordance with the terns of this Section 6. 7. Time is of the Essence. Time is of the essence in the performance of obligations under this Agreement. 8. Governing Law and Re!_,ulatory Authority. This Agreement was executed in the State of Texas and shall be governed by, construed, interpreted, and enforced all in accordance with the laws of the Stale of"Texas. All obligations ol'the parties created under (his Agreement arc fully performahce in Denton County, Texas. The parties agree that exclusive venue liar any lawsuit enforcing or interpreting any of the rights and obligations, or for any other cause of action arising under this Agreement, shall be a court ofcoinpelent jurisdiction in Demon County, Texas. 9. Entirely ol'Agreement. This Agreement constitutes the sole and entire agreement and understanding between the City and the Developer. Neither party hereto is bound by or liable for any statement, representation, promise, inducement, understanding, or undertaking of any kind or nature, whether written or oral, with regard to the subject matter hereof not set firth or provided or herein. This Agreement replaces all prior agreements and undertakings between the parties hereto with regard to the subject matter hereof: It is expressly agreed that the Parties may have other agreements covering other services not expressly provided for herein, which agreements are unaffected by this Agreement. 10. Force Maicure. The City and the Developer shall not be in default or otherwise liable Ibr any delay in, or failure of performance under this Agreement if such delay or failure arises by any reason beyond its reasonable control. including any act of God, any acts of the common enemy or terrorism, the elements, earthquakes, floods, fires, epidemics, riots. Failures or delay in transportation or communications, or any ac1 rn• lailure to act by another third parly or such other third party's employees, or agents. However, the lack of funds shall not be deemed to be a reason beyond a party's reasonable control. The parties will promptly inform and consult with each other as to any of the above causes, which in their judgment may or could be the cause ofa delay in the performance of this Agreement. If. Severability. If any term or provision of this Agreement is held by a court to be illegal, invalid, or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be afTected thereby, and in lieu of'each illegal, invalid or unenforceable tern or provision there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the tern or provision declared illegal, invalid, or unenforceable. 48683 6 12. Attorney's Fees. Should either Patty to this Agreement corrunencc legal proceedings against the other to enforce the terms and provisions of this Agreement, the Party who does not substantially prevail in the proceeding(s) shall pay a reasonable amount of attorney's lees and expenses (including, but not limited to expert witness fees and deposition expenses) incurred by the substantially prevailing Party. 13. Amendment. This Agreement may be amended only upon the mutual agreement of both of the Parties hereto, which amendment shall not be effective until it is reduced to writing and authorized and executed by the Parties. 14. Assi-nability. The City and the Developer agree that this Agreement may not be assigned without the prior written consent of the other patty due to the special covenants, mature, and subject matter of this Agreement: provided, however, Developer shall have the option to assign this Agreement or any part of this Agreement or anv right. title or interest of Developer under this agreement to it (a) any person or entity (Developer Assignee"): provided that the creditworthiness of the proposed Developer Assignee is equal to or greater than that of the Developer: or (b) any lender providing refinancing for the acquisition and/or development of' the Development in whole or in part, upon the written consent of the City provided: (a) The assignment is in writing, executed by Developer and the Developer Assignee l61lowing the advance written consent of the City: and (b) The assignment incorporues this Agreement by reference and fully binds the Developer Assignee to perli►nn (to the extent of the obligations assigned) in accordance with this Agreement: and (c) A copy of the executed assignment is provided to all patties. From and after the elleclive date of any assignment by the Developer, the City agrees to look solely to the Developer Assignee for the perlbrmanee of the obligations assigned, provided, however, no assignment by Developer shall release Developer from any liability to the City that arose from an event of default by Developer (or from any failure by Developer which, 11' not cured, would constitute an event of default) that Occurred prior to the effective date of the assignment. Each Developer assignee shall become it patty to this Agreement when it copy of the executed assignment has been provided to all ofthe parties. 15. No Waiver. The failure of he City or the Developer to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obligations, rights. or duties imposed upon the Patties. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute it waiver of any other breach or violation. whether concurrent or subsequent, and whether of' the same or of a dillerent type of breach or violation. 16. No Third-Party Beneficiaries. This Agreement is not intended to, and does not create rights, remedies, or benefits of any character whatsoever in favor of any persons, corporations, associations, or entities other than the. Parties hereto and their permitted successors- in-interest; and the obligations herein undertaken and assumed are solely for the use and benefit 48683 7 of the Parties, their successors-in-interest, and any pernlitted assigns pursuant to the teens and provisions of this Agreement. 17. Paragraph Headings and Construction of Agreement. The descriptive headings of the various articles and sections of this Agreement have been inserted for the convenience of reference only, and are to be afforded no significance in the interpretation or construction of this Agreement. Both Parties hereto have participated in the negotiation and preparation of this Agreement, which shall not be construed either more or less strongly against or for either Party. 18. Gender. Within this Agreement. words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. 19. Exhibits. All Exhibits to this Agreement are incorporated herewith by reference lbr all purposes, wherever reference is made to the same. 20. Binding Effect. This Agreement shall he binding upon and inure to the belief-it of' the parties and their respective heirs, executors, adminisiratols, legal representatives, successors, and permitted assigns. 21. Multiple Countelliarts. This Agreement may be executed in four (4) original counterparts, each 01' which is deemed an original, but all of which constitute but One and the Sallie instrument 22. Authority. The. City represents That this agreement has been approved and duly adopted by the City Council of' the City in accordance with all applicable public meetings and public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that that the individual executing this Agreement on behalf of the City has been authorised to do so. Developer represents that this Agreement has been approved by appropriate action o1' Developer and that the individuals executing this Agreement on behalf 01' Developer have been authorized to do so. SIGNATURE PAGE IMMEDIA"1TELY FOLLOWS THIS PAGE 48683 8 IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly-authorized officials and officers on this the day of -,2007.. J "CITY" THE CITY OF DENTON, TEXAS A Texas Municipal Corporation By: GE ZGE C. CAMP - LL City Manager A'FlEST: JINNIFIR WALTZERS, CITY Sl'-1'CRI--TAIZY By: %J~,,Vj APPROVED AS TO I-EGAI., FORM: EDWIN M. SNYDEIZ, CITY A"I"T'ORNEY Tay: "DEVELOPER" Denton 288, Ltd. By:Denton 288 GP,LL , A Texas limited liabil ty comp ny, Its Gej artn r Y: Name Manager 48683 9 ACKNOWLEDGEMENTS STATE OF TEXAS ti ti COUNTY OF DENTON 5 TI Is instrument was acknowledt,cd before me. Oil this c day of . 2007, by George C. Campbell, City Manager of the City of Denton, Texas, IYMunicipal Corporation, on behalfof the same. JANE E. RICHARDSON Notory Public, State of Texas Na ar Public in and liir the State ol'Texas • ` My Commission Expires y a June 21, 2009 STATE OF TEXAS t ti• COUNTY Of- DALLAS This instrument was acknowledol-d bC we file, the tnlderSlgned authority on this day of M 1007, by ji ~Oyld Q the Manager of' DENTON 288 GP, LLC., a Texd s limited partnership, acting on behalfof DENTON 288 L.P. [L.S.] _ V06- N66ty Public an( liar e State of Texas EMILY REYNOLDS ~'t Notary Public, State of Texas ' My commission Expires January 26, 2011 ti^.Our 1?o~ununGltbntrncts!UliFl;lls nfDenton-Scwei S Water I:acilities-Agroctuent-2(X)7-.%I5,C Drill U40S)7d,x 48683 10 FXI-11B IT "A" LEGAL DESCRIPTION OF THE DEVELOPMENT I-EGAI_ DI SCRIPTION All that certain tract of land situated in the Morris May Survey, Abstract Number 807, the J. S. Collard Survey, Abstract Number 297, the Alexander White Survey, Abstract Number 1406, and the Victor Gailor Survey Abstract Number 452, Denton County, Texas and being all of the called 299.738 acre tract described in the decd from Nairn/Gates & Galloway, Inc. to Larry E. Kuhlken et ux recorded in Volume 1312, Page 146 of the Real Property Records of Denton County, Texas, part of the called 384.521 acre tract described in the Deed from Amwest Savings Association to Lawrence E. Kuhlken et ux recorded in Volume 3134, Page 537, of the said Real Property Records, and all of the called 64.871 acres described in the Deed from Elsie L. Cole to Larry E. Kuhlken et ux recorded in Volume 2360, Page 633 of the Real Property Records; the subject tract being more particularly described as follows: 131 GINNING for the Southeast corner of the tract being described herein at a 5/8 inch iron rod found at the Southeast corner of the 299.738 acre tract and the Northeast corner of the called 1 10.257 acre tract described in the feed from Teri Taylor Companies, Inc. to Vandalnr Partners recorded under Clerk's Nile Number 93-0094497 on the South line of the Victor L. Gailor Survey, Abstract Number 452 and the West right-of-way line of FM Highway 2164; THENCE- North 88 degrees 42 minutes 41 seconds West generally along an established Ience line with the South line of the 299.738 acre tract a distance of 4851.39 feet to a 'A inch iron rod found at ft fence corner post in an abandoned road; THFNCE North 01 degrees 12 minutes 24 seconds Last generally along an established fence line in the old road with the Nest line ofihc 299.738 acre tract a distance of 1 186.17 feet to a 'A inch iron rod found at a fence corner post at the reentrant corner thereof'; Ti IENCE North 88 degrees 22 minutes 51 seconds West, a distance of 1733.23 feet to a hence corner post at the Southwest corner of the 299.738 acre tract; THHNCF: North 88 degrees 28 minutes 53 seconds West generally along an established fence line with the South line of tile 64.871 acre tract a distance of 596.11 feet to a 'A inch iron rod found at an single point therein; THENCE North 89 degrees 09 minutes 15 seconds West continuing with the South line of the 64.871 acre tract a distance of 1092.40 Icet to a 'A inch iron rod found with a yellow plastic cap hereinafter referred to as a 'A inch iron rod found; THENCE South 70 degrees 01 minutes 42 seconds West a distance of 110.83 feet to a 'A inch iron rod found; '11-112-NICE North 88 degrees 49 minutes 03 seconds West a distance of 685.29 feet to a % inch iron rod found; TiIENCL North 01 degrees 51 minutes 27 seconds East a distance of 39.81 feet to a inch iron rod found; Legal Description - Page l THENCA" South 89 degrees 30 minutes 32 seconds East a distance of624.61 feet to a % inch iron and found; THENCF North 01 degrees 00 minutes 50 seconds last generally along an established fence line «=ith the West line of the 64.871 acre tract a distance of 1764.26 feet to a cross-tie fence corner post at the Northeast corner of the called 44.823) acres described in the Deed from ]'mil i'vl. Schwartz to Ruby finch recorded in Volume 497, Pate 547 of the Real Property Records and the most Southerly Southeast corner of the called 72.769 acres described in the Deed from Richter, Irwin, Delaney ct ux to Thomas K. Fulton et ux recorded in Volume 830, Page 373 of the Real Property Records; TFIENCE North 00 degrees 39 minutes 51 seconds Last generally along an established fcnco line with the West line of the 64.871 acre tract a distance of 140.82 feet to a fence corner post at the Northwest corner thereof': 1*1 ILNC1 South 85 degrees 10 minutes 37 seconds East generally along an established fence tine \\!ith the North line of the 64.571 acre tract and the South line of the 72.769 acre tract a distance of 1089.99 feet to a inch iron rod found at a fence corner at the Southeast corner thereof. the Northeast corner of the 61.371 acre tract and an angle point on the West line of the 384.521 acre tract; Ti IENCI: North 00 degrees 58 minutes 16 seconds East along it well established) ffence with the Gast line ol'the called 0.022 of an acre tract described in the deed from Lawrence 17. Kuhlken & .Icanine Ktlltlken to Thomas K. f=ulton et ux recorded under Clerk's Idle Number 2004-82939, a distance of 660.87 facet to a '/a inch iron rod with a ycllo%x, plastic cap sttunped "COLEMAN R.P.L.S. 4001 " set at a fence corner post at the Northeast corner thereof; "THENCI-_ North 86 degrees 29 minutes 04 seconds West along a fence called f'or in the description of the 72.769 acre tract and the North line ol'the said 0.022 of an acre tract distance of 2.90 Feet to the Northwest corner thereof on the West line of the 384.521 acre tract; THENCE North 00 degrees 43) minutes 13 seconds East with the West line of the 384.521 acre tract and Gast ol'an established fence a distance of 1411.39 feet to a inch iron rod found %vith a plastic cap stamped "Alliance" III the Northwest corner thereof; TI IINCF.. South 88 degrees 52 minutes 53 seconds East generally along an established fence line with the North line of the 334.521 acre tract a distance of 1928.72 feet to a '/4 inch iron pipe found at an angle point therein; THENCE South 89 degrees 50 minutes I 1 seconds East continuing generally along a fence part of the way and with the North line of the 384.521 acre tract a distance; of 1482.37 Feet to a 'h inch iron rod found at the Northerly Northeast corner thereof, 'rill NC1_ South 00 degrees 06 mintues 38 seconds Last generally along a fence part of the way and -with the most Northern f=ast line of the 384.521 acre tract a distance of 1201.=12 feet to a fence corner post; Legal Description - Page 2 48683 12 Tl 11 NCI: South 89 degrees 56 minutes 31 seconds East generally along an established fence line with the North line of thr 384.521 acre tract it distance of 3898.05 feet to a inch iron rod found at the Easterly Northeast corner thereof on the West right-of'way line of' tile FM Highway 2164; THENCE with the West right-alp-way line of FM Highway 2164 and the East line of the 384.521 acre tract the following 9 calls: 1. South 00 degrees 43 minutes 02 seconds West it distance of' 602.28 fleet to a 'h inch iron rod found; 2. South 06 degrees 25 minutes 13 seconds West a distance of 100.4-1 Ire( to a inch iron rod found-, 3. South 00 degrees 40 minutes 50 seconds West a dist.u~ec of 200.02 feel to a inch iron read found; 4. South 04 degrees 58 minutes 49 seconds Last it dist.utcc of 100.42 feet to a inch iron rod iinmd; 5. South 00 degrees 40 minutes 43 seconds West a distance of 400.12 feet to it inch iron rod found; ` 6. South 09 degrees 04 minutes 23 seconds West it distance of 101.09 feet to a inch iron rod found; 7. South 00 degrees 46 minutes 43 seconds West a distance of 299.68 feet to a wood right- of-way monument found; S. South 07 degrees 40 minutes 33 seconds Fast it distance of* 101.63 feet to it inch irnn rod found; 9. South 00 degrees 42 minutes 49 seconds West a distance of 238.45 feet to a inch iron rod fuU11d .at the Sotitltcast corner of the 384.521 acre tract and the Northeast corner of the 299.738 acre tract; TI-IF..NCI:: South 00 degrees 41 minutes 38 seconds West with the West right-of-way line of FIA Highway 2164 and the Cast line of the 299.738 acre tract a distance of' 1941.06 feet to thy: PLACE OF BEGINNING and FNCI:,OSfNG 748.983 acres. Legal Description - Page 3 48683 13 EXHIBIT "B" ILLUSTRATION OF THE OFF-SITE SEWER FACILITIES EXHIBIT "B" ILLUSTRATION OF THE OFF-SITE SEWER FACILITIES ` % 4 1 l^ L MLLS OF oENTON T' PROPERTY RROPOGE0V- EAR CREEK ~til~~,^ FYTERCEPT03 rJ..EAR CREEK ti ATQq ` RECLWAT104 oLAHT `.S~ sROsOOSED LIFT STA`104 -r'j I I PROPOWD FORCE UVS J ) •~-•-r~ rem CLEtiRCREEK t REiAAA4tTtpli 1 PL#.YI'PROPERTY pe40 1 N EXHIBIT B 0 1 inon equals 6,000 feet 48683 14 HILLS OF DENTON NORTH Development Plan Infrastructure Needs Analysis Prepared by ~'o~~~ 4265 Kellway Circle Addison, TX 75001 and ~ -rim roo k lannin ou p g p 2405 Mustang Drive Grapevine, TX 76051 (469) 955-8580 tarry @sbplanning.net July 24, 2008 Revised: October 16, 2008 Development Plan Infrastructure -Needs, Timing & Responsibility The timing and phasing of the construction of the Hills of Denton North infrastructure will in large part be determined by the future economic conditions and other City growth including the development of The Hills of Denton to the south. It is currently anticipated that growth will progress northward from Loop 288 through the Hills of Denton reaching the Hills of Denton -North in 5 to 10 years thus the short term needs of the project will be minimal. The financial responsibility of the project (Attachment 1) to connect to water and wastewater distribution and collection mains that will be constructed through development to the south to within close proximity of the Hills of Denton -North. The construction of these distribution and collection mains through other projects will, in part, determine the timing of construction for the Hills of Denton -North. Other infrastructure needs such as streets, internal water and sewer lines, and storm drainage will be the responsibility of the project as required by relevant city codes and ordinances (Attachment 1) and to be determined at the time of platting. Perimeter streets will be dedicated and constructed as required in Chapter 20 of the Development Code. Other public infrastructure improvements will be provided by the project as required to serve the project with options for city participation as identified in Attachment 1. Financing of the project and its infrastructure costs will be provided by equity and debt secured by the project. These sources may include but are not limited to private equity, internal fund sources, financing provided by banks or other lending institutions and private financing. If the project to the south is not developed at the time the Hills of Denton North decides to develop and consequently, the service mains and other infrastructure are not in place to serve the Hills of Denton North, the Hills of Denton North will either provide those services through whatever funding means are available at the time or choose not to develop until adequate service is available. Page 1 of 1 ATTACHEMENT 1 Responsibility for Payment: The responsibility for the payment of infrastructure is also identified in the Development Code. The MPC Ordinance § 35.7.13.2.D.2 (see below) states that the MPC shall comply with the design standards and subdivision regulations of the code. The proposed MPC District shall comply with the design standards and subdivision regulations (Subchapters 13, 14, and 16 - 22 of the Denton Development Code) and other adopted policies, codes and ordinances of general applicability, except where mod cations are expressly authorized through an approved MPC Zoning Document, the MPC Development Standards Document and the MPC Development Plan Map. Impact Fees: This development is also required to pay impact fees as required by § 35.21.7 of the code. ~35.21.7lmpact Fees All connections to the City's water distribution and wastewater collection systems will require the payment of impact fees in accordance with the provisions of Chapter 26 - Utilities of the Code of Ordinances of the City. Applicants Responsibility: §35.16.20.D Construction identifies that the cost of all required improvements are at the applicants expense. Improvements related to plat approvals shall comply with the following. D. Cost of Improvements and City Participation. The applicant shall make all required improvements, at his expense, according to City regulations, without reimbursement by the City, except for certain reimbursable costs as provided in Sections 35.21.9 and 35.21.10. Cost Sharing: X35.21.9 Oversize Participation by the City A. The City reserves the right to require developers to install water mains, sewer lines and wastewater lift stations that have excess capacity to serve adjacent properties and to comply with the adopted comprehensive master plans for these utility systems. The City shall participate in the cost of such required oversize facilities. B. A developer may elect to install water mains, sewer lines and wastewater lift stations that have excess capacity to serve adjacent properties and to comply with the adopted comprehensive master plans for these utility systems. Any developer who elects to oversize such facilities shall be entitled to reimbursement for the cost of the oversizin~pursuant to a pro-rata agreement in accordance with this Subchapter. Page 1 of 7 X35.21.10 Pro-Rata Agreements Any developer who bears the cost of off site water or sanitary sewer main extensions to a development or installs a lift station with excess capacity to serve adjacent property without City oversize participation shall be entitled to reimbursement of the pro rata cost paid to the City, as provided below, for each user who extends a service line from the main or connects to the lift station within twenty (20) years from the date the facility is finally inspected and accepted by the City. 35.21.10.1 Basic Policy Pro rata charges for tapping mains extended by developer. The pro rata charges for tapping mains extended by the developer shall be as follows: A. Every person or developer applying for a tap of any water or sanitary sewer main which has been constructed under the terms of the developer extension requirements of this section or the City extension requirements of this section shall pay for the requested taps at the following rates: 1, where a water or sewer main is located on a City street or county road and abuts and is accessible to separate platted tracts, the pro rata charge shall be sixty (60) percent of the average current per- footcost ofsuch main. 2, where a water or sewer main is located on a state or federal highway and abuts and is accessible to separate platted tracts, the pro rata charge shall be one hundred (100) percent of the average current per-foot cost of such main. 3. where a water or sewer main is located in a proper easement across an owner's property and where such easement does not abut a street or is not in any other way directly accessible to any separately owned tract, the pro rata charge shall be one hundred (100) percent of the average current per-foot cost of such main. The pro rata charge shall be based on the average current cost of similar projects with pipe of the same size up to eight-inch inside diameter water pipe and ten-inch diameter sewer pipe. All pro rata charges shall becharged on aper-front-foot basis. Page 2 of 7 Adequate public infrastructure requirements: § 35.16.20G.2 & 3 address adequate water and sewer system, Subchapter 19 addresses Drainage and 20 addresses Transportation. - As noted above, MPC's SHALL comply with all those subchapters; 35.16.20.G. Construction. (Adequate water & wastewater requirements) Improvements related to plat approvals shall comply with the following. G. Utility Extension Regulations. In addition to satisfying Subchapter 21 and all applicable Criteria Manuals, the applicant must demonstrate the ability to satisfy the requirements set forth herein prior to development, at each stage of the platting process, including applications for general development plans, preliminary plats, and final plats. The Commission may deny a general development plan or preliminary plat if the applicant cannot demonstrate the ability to satisfy these requirements, the requirements of Subchapter 21, and applicable Criteria Manuals, prior to approval. 2. Adequate water system. a. No general development plan, preliminary or final plat application shall be approved unless the applicant demonstrates that there will be a sufficient volume and pressure for domestic use and fire protection to serve the subdivision concurrent with development. The water system serving the subdivision shall be deemed adequate when in conformance with sections 3 5.21.3, 3 5.21.4 and 3 5.21.5, and one of the following options, as applicable: 1 where the City is not the supplier, the applicant must provide assurance of sufficient capacity, in accordance with the standards contained within section 35.21.5, from the entity holding the Certificate of Convenience and Necessity for the land to be subdivided. Such entity must have sufficient water supply, water treatment and transmission capacity to serve the development, considering all other commitments, in accordance with City standards. The applicant shall present written verification from the water supplier that it has agreed to provide water service to the development in conformance with Denton design and construction standards. The applicant shall provide assurances that water mains will be extended to serve the subdivision prior to the time of final plat approval for the second phase of a development plan or phased preliminary plat. 2 Where City distribution mains are to be used for supplying water, and there is an existing distribution main with adequate capacity to serve the development within one mile of the boundary of the proposed subdivision, the applicant may, at his initial expense, and subject to standard City participation policies, extend one or more approach mains from the existing distribution main to the subdivision, of a size sufficient to serve the development. The city reserves the right to require oversizing of the line in accordance with standard City of Denton oversize policies. This requirement does not apply where the approach main is already a component of a funded capital improvement project that the City has initiated, consistent with its adopted capital improvements plan for water facilities. b. The applicant shall demonstrate that the water system serving the development will be adequate to serve the development at the time of preliminary plat approval for development within the city limits, or at the time of final plat approval for developments within the City's extraterritorial jurisdiction. Where a development plan or phased preliminary plat is proposed, the applicant shall demonstrate that each phase of the development will be served by an adequate water system under this standard. The approach main shall be extended to serve the entire development subject to a development plan or phased preliminary plat prior to the time of final plat approval for the second phase of the development plan or phased preliminary plat, unless the extension is part of a funded capital improvement project that the City has initiated consistent with its adopted capital improvements plan for water facilities. Page 3 of 7 3. Adequate sewer system. a. No general development plan, preliminary or fmal plat application shall be approved unless the applicant demonstrates that there will be an adequate sanitary sewer system to serve the subdivision concurrent with development. Adequacy of treatment facilities cannot be demonstrated by reliance upon package treatment plants. The sanitary sewer system serving the development shall be deemed adequate when in conformance with sections 35.21.3, 35.21.4, and 35.21.6, and one the following options, as applicable: 1. where the City's sanitary sewer system is not to be used, the applicant must provide assurance that the entity collecting the sewage holds a Certificate of Convenience and Necessity for the land to be subdivided, that collection systems are adequate to accommodate sewage flows from the development and that the treatment system to be used has adequate capacity in accordance with the standards in subchapter 35.21. The applicant shall provide assurances that sanitary sewer mains will be extended to serve the subdivision prior to the time of fmal plat approval for the second phase of a development plan, or phased preliminary plat. 2. where City collection mains are to be used for collecting sewage, and there is an existing collection main with adequate capacity to serve the development within one mile of the boundary of the proposed subdivision, the applicant may agree to extend one or more existing collection mains to the subdivision of a size adequate to serve the development, at his expense, including the cost to construct all necessary lift stations and force mains, in accordance with standard City participation policies. The city reserves the right to require oversizing of the line in accordance with standard City of Denton oversize policies. This requirement does not apply where the approach main is already a component of a funded capital improvement project that the City has initiated, consistent with its adopted capital improvements plan for wastewater facilities. b. The applicant shall demonstrate that the sanitary sewer system serving the development will be adequate at the time of preliminary plat approval for development within the City limits, or at the time of fmal plat approval for developments within the City's extraterritorial jurisdiction, where a development plan or phased preliminary plat is proposed, the applicant shall demonstrate that each phase of the development shall be served by an adequate sanitary sewer system under this standard. The approach main shall be extended to serve the entire development subject to a development plan or phased preliminary plat prior to the time of final plat approval for the second phase of the development plan or phased preliminary plat, unless the extension is part of a funded capital improvement project that the City has initiated consistent with its adopted capital improvements plan for wastewater facilities. §35.19.4 General Drainage Requirements. (Adequate drainage requirements) General requirements for drainage shall include the following: A. Drainage Imurovements Required. All developments shall provide for new drainage facilities, the improvement of any existing drainage facilities, channel improvements, grading, driveway adjustments, culvert improvements or any other improvement, drainage facility or work which is necessary to provide for the stormwater drainage needs of a development, in accordance with the requirements and design standards of this section, shall be included but not limited to any drainage facilities, improvements or other work which is necessary to: 1. Provide for the conveyance of all stormwater from the development when fully developed to an adequate discharge point; 2. Fulfill any purpose for which the requirements of this section are imposed; 2. Adequately protect the development from flooding, including the effects of the one-hundred-year flood; 3. Properly control any increase in the upstream or downstream stage, concentration or water surface elevation caused by the development; 4. Provide for the conveyance of off-site storm drainage based on ultimate developed watershed conditions through the development. Page 4 of 7 B. Off-site Drainage. Off-site drainage facilities and improvements shall be provided by the developer whenever additional stormwater runoff from the development would adversely affect any off-site property or overload an existing drainage facility, whether natural or manmade. Where stormwater runoff from three (3) or more acres has been collected or concentrated to one (1) point, it shall not be discharged onto adjacent proper- ties, except into existing creeks, channels or storm drains, unless drainage or flowage easements are obtained for those properties. If the developer cannot obtain the necessary easements to make required off-site drainage improvements, upon the request of the developer after compliance with the provisions of this Code, the City may bring condemnation proceedings to obtain the off-site drainage easements. C. Detention Facilities. Publicly dedicated or privately maintained detention facilities may be used to reduce peak discharges where conditions prevent conveying stormwater to an adequate discharge point or studies show that off-site structural facilities will not mitigate hydraulic effects more efficiently. On-site detention facilities that are public shall be a minimum size of one (1) acre. All detention facilities shall comply with the design criteria of this section. A development may provide for drainage by participating in the design and construction of a regional detention facility. Detailed engineering studies of the entire basin shall be required to ensure that the timing of peak flows has not been altered to create higher peak flows elsewhere in the basin. Detention facilities maybe constructed in phases, if phased to provide for the timely needs of the development. §35.20.2 Street Standards. (Adequate transportation requirements) The following street standards shall apply to developments under this Subchapter. Street standards shall be established by the number of dwelling units served by the street and total expected traffic. For the purpose of determining the street requirements of this Subchapter, all streets shall be classified and defined as follows: J. Compliance with specifications. 1. All street improvements shall comply with the street design specifications, as contained in the Transportation Criteria Manual which is adopted by reference and included in this Code the same as if set out at length in this section. 2. All street improvements shall be constructed in accordance with division II, Materials, and division III, Methods, of the City's Standard Specifications for Public Works Construction, North Central Texas Council of Governments (NCTCOG Standard Specifications), as amended by the City. Where any provision of this Code conflicts with a provision or requirement of the NCTCOG Standard Specifications, the provisions of this Code shall control. K. Street capacity. 1. All developments shall provide for those streets, including internal streets, the improvement of existing and new adjacent streets, the improvement of existing and new offsite streets and rights-of- ways to the standards listed in the Transportation Criteria Manual or if necessary in excess of those standards if the increased traffic to be generated by the property at full development" would create less than a level of service D as defined in the Transportation Criteria Manual. Offsite street improvements are to be provided to the extent that the effects of additional traffic created by the development will be mitigated and not absorb existing street capacity on a first come first serve basis. 2. Any streets required by the provisions of this section shall also include any drainage structures that are part of the street improvements and are necessary to serve the development, in accordance with the drainage requirements of this Chapter and the Drainage Criteria Manual. In the case of rural/suburban streets, no underground drainage improvements, other than driveway culverts and cross drainage, shall be required. Adequate borrow ditches as described in the Drainage Criteria Manual shall be provided. Page 5 of 7 3. To provide for future street improvements, any development may elect, upon the approval of the Planning and Zoning Commission, to dedicate more street right-of--way than would otherwise be required for the development, in lieu of constructing the total street system otherwise required of the development by this Code, when: a. The additional right-of--way will be needed for a proposed arterial street, as shown on the City Thoroughfare Plan; b. Omitting the street improvements that would otherwise be required would not substantially impair the safe movement of traffic created by the development; and c. The market value of the additional right-of--way would, as determined by the City Engineer, be equal to or greater than the cost of the street improvements, which are to be omitted. L. Perimeter streets. 1. Whenever existing streets adjacent to or within a tract are of inadequate width, additional right-of--way in accordance with the Transportation Criteria Manual shall be provided at the time of subdivision. All means of access to a subdivision shall be from existing streets fully improved to City standards, and which have the capacity to carry all anticipated traffic from the development in accordance with the Transportation Criteria Manual or an approved Traffic Impact Analysis. 2. New perimeter streets. If an arterial or collector street is proposed by the mobility plan on, near or within the boundary of the development or the development creates the need for a new perimeter street, the development shall provide the portion of the perimeter street including right of way dedication for which it reasonably creates the need, but in no case shall that portion of the street provided be less than a pavement width of twenty-five (25) feet plus required bicycle lane in the case of an arterial. Minimum right of way dedication for new perimeter streets shall be sufficient to provide the required amount of pavement, the required parkway width for the street classification as shown in the Transportation Criteria Manual, and an additional five feet to provide for any sloping needed between the pavement and the property line of the development. All perimeter streets shall be provided with curb and gutter along the side abutting the development. If the perimeter street is ultimately proposed to serve as a divided arterial street and the development is required to install half of the arterial street, then curb and gutter shall be provided on both sides of the perimeter street so as to provide the curb for the future median of the arterial street. 3. Existing perimeter streets. a. Any development on the perimeter of an unimproved perimeter street shall dedicate the right-of--way and improve or reconstruct the street to the same extent as is required for new perimeter streets, unless the perimeter street has already been partially improved, in which case the development shall dedicate the additional right-of--way and make the additional street improvements necessary to complete the perimeter street to the classification required. For the purpose of this subsection, an "unimproved perimeter" street shall mean a perimeter street which does not have curb and gutter or which does not substantially comply with the standards for street construction listed in the Transportation Criteria Manual or NCTCOG Specifications. b. Where any development would be required by this Code to improve an existing unimproved perimeter street to less than its full width and the City's approved capital improvements plan proposes improvement of the existing perimeter street to City specifications within three (3) years of the date the required improvements are to be undertaken, the development may elect, in lieu of making the required perimeter street improvements, to pay to the City prior to filing the plat the total construction cost, excluding engineering and design cost, of the required street improvements. The amount to be paid shall be determined by the City Engineer, based on the actual cost of providing for the improvements, as shown in the most recent public bids for the same or similar type street improvements. If the money paid to the City is not used for the required improvements within five (5) years of payment, the funds shall be returned to the person making the payment. In the event that the Plat is not filed until after the City has entered a Contract with a contractor to construct the subject street improvements, the payment by the development is no longer required. Page 6 of 7 c. Phasing of Perimeter Paving Improvements. Perimeter paving improvements are required to be constructed adjacent to the property which is final platted. In a development where final platting will occur in phases, the developer may choose to perform the required perimeter paving improvements adjacent to each phase as it is platted, or may choose to perform all perimeter paving improvements at one time with the platting of a latter phase as long as the paving is constructed prior to or with the phase of the development that includes 50% of the lots in the entire development and the subject perimeter road is not the sole access to the property. The developer will be required to enter into a Perimeter Paving Postponement Escrow Agreement M. Improvements to existing off-site streets. 1. Developments generating less than 100 vehicles per day are not required to make pavement improvements to offsite streets, but shall be required to participate in the cost of any proposed signal improvements at the nearest intersection in accordance with the Transportation Criteria Manual if signalization in the future is expected. 2. Developments expected to generate at least 100 but less than 1000 vehicle trips per day and less than 100 vehicle trips per hour at full development shall improve or repair connecting off-site streets as necessary to provide a safe and adequate paved surface for the amount and type of traffic generated by the development. The off-site street improvements or repairs need not meet the specifications for new streets, but shall be made to a standard determined to be necessary by the City Engineer to provide for the safe movement of vehicular traffic generated by the development, pursuant to a distress rating performed by the City Engineer in accordance with the Transportation Criteria Manual. Off-site street improvements shall not be required to extend beyond the nearest existing intersecting arterial or collector street indicated on the roadway component of the Mobility Plan. Such developments accessing an Arterial Street shall provide right turn lanes into each entrance and left turn lanes into each entrance that left turns are possible. In addition, such developments shall be required to participate in the cost of any proposed signal improvements at nearby intersections determined by the City Engineer in accordance with the Transportation Criteria Manual if signalization in the future is expected 3. Developments generating 1000 or more vehicle trips per day or 100 or more vehicle trips per hour shall provide offsite street improvements as determined by the City Engineer in accordance with an approved Traffic Impact Analysis. Offsite improvements may include but are not limited to installation of turn lanes, pavement widening, pavement reconstruction, signal construction, installation of pavement markings, signage or equitable participation in the cost of any of the listed types of improvements. Such improvements shall be required to the extent that the effects of the increased traffic the development generates will not reduce level of service of surrounding streets rather than allowing absorption of existing street capacity on a first come first serve basis. N. Adequate street access. All developments shall provide the necessary street system to ensure that there is safe and adequate access to each lot within the development in accordance with these standards, the Transportation Criteria Manual and any other applicable City Ordinance. Page 7 of 7 EXHIBIT 11B HILLS OF DENTON NORTH Fiscal Impacts on the City of Denton Prepared for ~'o~~~ 4265 Kellway Circle Addison, TX 75001 Prepared by ~ rin ~roo k p g lannin ou p g p 2405 Mustang Drive Grapevine, TX 76051 (469) 955-8580 tarry @sbplanning.net Apri125, 2008 Revised June 12, 2008 Revised July 23, 2008 Revised August 4, 2008 Revised August 19, 2008 Revised August 27, 2008 INTRODUCTION Hills of Denton North is a 502 gross (450 net developable) acre Master Planned Community located in the City of Denton. The exact location of the development is shown in Exhibit 1. This exhibit also shows the various zoning categories planned for the development as well as anticipated future maj or roadways. Additionally, it is anticipated that one elementary school will be needed in phase two of this development. . FUTURE DEVELOPMENT To forecast future development, a total of two (2) development tracts were evaluated (shown in Exhibits 2 and 3) based on the two proposed zoning categories, lot coverages and anticipated uses. This analysis predicted future development as follows: COMMERCIAL SQUARE FEET Retail 849,898 Office 212,400 TOTAL 1,062,298 RESIDENTIAL UNITS Single-Family Detached 1,684 TOTAL 1,684 DEVELOPMENT TIMING Timing of future development in Hills of Denton North has been divided into two (2) phases. Development is anticipated to begin in the eastern area in 2015 and then proceed west build out expected to occur in 2024, a total of ten (10) years after development begins. The phases and build out schedule are shown in Exhibit 2. Utilizing the development levels shown in Exhibit 2 and the phasing and build out schedule shown in Exhibit 1, annual build out of commercial and residential development is shown in Exhibit 3. Development in each phase was spread evenly over the build out schedule. As development evolves, the annual levels may be more or less than these projections, but are expected to level out over time. I DEVELOPMENT VALUES Using the annual development levels shown in Exhibit 3, Exhibit 4 reflects annual development values based on the cost assumptions also shown in Exhibit 4. Ultimate development values are as follows: COMMERCIAL VALUE Retail $76,490,820 Office $25,488,000 SUBTOTAL $101,978,820 RESIDENTIAL VALUE Single-Family ~ $404,160,000 TOTAL X506,138,820 As shown, the ultimate value of Hills of Denton North is expected to be in excess of $500 million with over 80% of that value being residential. It should be noted, that no increases in value due to inflation or Appraisal District revaluations, have been included, so this forecast of value should be considered extremely conservative. Also, only a 10-year time horizon has been used for proj ected values, so again, total values are very conservative. *Single-Family house values are based on 2, 000 sf house sizes. AD VALOREM TAXES Each taxing jurisdiction (City, County, DISD) collects taxes on both real property (land and buildings) but also on business personal property and inventory (BPP). Using the commercial development by type as shown in Exhibit 3, and the assumptions as shown in Exhibit 5, the total of both real and BPP values were determined as shown in Exhibit 6. Using the total commercial values from Exhibit 6 and adding the residential values from Exhibit 3 yields total ad valorem tax values as shown in Exhibit 7. The total ad valorem tax values from Exhibit 7 were then combined with the 2007 tax rates to yield the ad valorem tax income for each taxing jurisdiction as shown in Exhibit 8. The tax income for DISD has been calculated incorporating the $15,000 homestead exemption. Tax income for the city could have been adjusted for the $5,000 homestead exemption, but this was not considered significant based on the highly conservative forecast of values as mentioned previously. G RETAIL SALE S AND SALES TAX Retail sales and sales tax income have been projected using the assumptions shown in Exhibit 5 and the forecast of retail development shown in Exhibit 3. The resulting sales and sales tax income are shown in Exhibit 9. Again, this is a conservative estimate since no sales tax on materials used for construction has been included nor were any restaurants factored into the development. TOTAL ANNUAL TAXES Exhibit 10 shows the annual tax income and the total tax income over the anticipated construction life of the project for each taxing jurisdiction. Income to all taxing jurisdictions from the development of Hills of Denton North during that time from, in today's dollars is over 70 million dollars. COMPARISON OF CITY EXPENDITURES TO CITY INCOME One method to estimate city expenditures for municipal services and debt service that the Hills of Denton North development will consume is to calculate Denton's average expenditure per household and the portion of that expenditure which needs to be realized from ad valorem and sales tax income. As shown in Exhibit 11, the revenue per household Denton needs from ad valorem tax and sales tax for FY 2007 - 2008 is $1,382. The allocation of all City expenditures to households certainly overstates the value of services consumed by households because obviously some municipal services are consumed by businesses. However, we believe that large mixed-use developments tend to mirror the City as a whole. Here again, we are being very conservative in the analysis. Also, since no inflation was included for future development values and the resulting tax income, no inflation was included for future expenses. Exhibit 12 compares annual and total City expenditures per household for operations and debt service required by the Hills of Denton North development with the income generated in ad valorem and sales tax by the same development. With the exception of the first year of development, which is typical with most developments until they "get up and running", there is more income to the City than operating and debt service expense required from ad valorem and sales tax and that difference increases each year. Over the next 10 years, the City of Denton is projected to gain $13.4 million more in income than expense required as a result of the Hills of Denton North development. J EXHIBIT 1 - f _ _ _ ~ ~ti ~ - i i i' ~ i .x x - .:i f r F + ~ ~ i i fl r ~ _ i - _ - _ ~ - - S 4 fl _ ~ S r M I I i l ~ J ~ 4 EXHIBIT 2 HILLS OF DENTON NORTH FUTURE DEVELOPMENT FORECAST PHASE I USE ACREAGE UNITS RETAIL SF Single-Family 241.79 967 0 Commercial 47.87 0 625,565 PH II Single-Family 179.33 717 0 Commercial 33.42 0 436,733 TOTAL Single-Family 421.12 1,684 0 Commercial 81.29 0 1,062,298 Retail Assumptions: 1. Office use represents 20% of total "Commercial" zoning and remainder is retail. 2. All retail & office development is 1 story. 3. Retail & office building footprint occupies 30% of the site (parking occupies 50% & landscaping accounts for 20%). EXHIBIT 3 HILLS OF DENTON NORTH ANNUAL BUILD OUT -RESIDENTIAL ~ COMMERCIAL DEVELOPMENT YEAR RESIDENTIAL TAIL F OFFICE TOTAL S UNITS SF COMMERCIAL 2015 207 100,465 25,020 125,485 2016 190 100,000 25,020 125,020 2017 190 100,000 25,020 125,020 2018 190 100,000 25,020 125,020 2019 190 100,000 25,020 125,020 2020 157 70,000 17,460 87,460 2021 140 70,000 17,460 87,460 2022 140 70,000 17,460 87,460 2023 140 70,000 17,460 87,460 2024 140 69,433 17,460 86,893 TOTAL 1,684 849,898 212,400 1,062,298 J EXHIBIT 4 HILLS OF DENTON NORTH ANNUAL DEVELOPMENT VALUES YEAR SF RETAIL OFFICE TOTAL 2015 $49,680,000 $9,041,850 $3,002,400 $61,724,250 2016 $45,600,000 $9,000,000 $3,002,400 $57,602,400 2017 $45,600,000 $9,000,000 $3,002,400 $57,602,400 2018 $45,600,000 $9,000,000 $3,002,400 $57,602,400 2019 $45,600,000 $9,000,000 $3,002,400 $57,602,400 2020 $37,680,000 $6,300,000 $2,095,200 $46,075,200 2021 $33,600,000 $6,300,000 $2,095,200 $41,995,200 2022 $33,600,000 $6,300,000 $2,095,200 $41,995,200 2023 $33,600,000 $6,300,000 $2,095,200 $41,995,200 2024 $33,600,000 $6,248,970 $2,095,200 $41,944,170 TOTAL $404,160,000 $76,490,820 $25,488,000 $506,138,820 Assumptions: Office @ $120ISF ~ Retail @ $90/SF ~ Single-family @ 120ISF w/ an average size of 2,000 SF EXHIBIT 5 ASSUMPTIONS Property tax rates (2007) - ~/5100 Business Personal Property Values valuation Retail - $35/SF city - $0.66652 Office - $20/SF County - $0.23589 ISD - $1.43400 Sales Sales Tax Rates Retail - $125/SF city - 1.5% CTA - 0.5% b EXHIBIT 6 HILLS OF DENTON NORTH COMMERCIAL AND BUSINESS PERSONAL PROPERTY VALUES CUMM. BUSINESS PERSONAL PROPERTY VALUE REAL RETAIL OFFICE YEAR PROPERTY 35/SF 20/SF TOTAL VALUE VALUE 2015 $12,044,250 $3,516,275 $500,400 $16,060,925 2016 $24,046,650 $7,016,275 $1,000,800 $32,063,725 2017 $36,049,050 $10,516,275 $1,501,200 $48,066,525 2018 $48,051,450 $14,016,275 $2,001,600 $64,069,325 2019 $60,053,850 $17,516,275 $2,502,000 $80,072,125 2020 $68,449,050 $19,966,275 $2,851,200 $91,266,525 2021 $76,844,250 $22,416,275 $3,200,400 $102,460,925 2022 $85,239,450 $24,866,275 $3,549,600 $113,655,325 2023 $93,634,650 $27,316,275 $3,898,800 $124,849,725 2024 $101,978,820 $29,746,430 $4,248,000 $135,973,250 Exhibit 7 HILLS OF DENTON NORTH TOTAL REAL AND BPP PROPERTY VALUES CUMM. YEAR COMMERCIAL RESIDENTIAL TOTAL 2015 $16,060,925 $49, 680, 000 $65, 740, 925 2016 $32,063,725 $95,280,000 $127,343,725 2017 $48,066,525 $140, 880, 000 $188, 946, 525 2018 $64,069,325 $186,480,000 $250,549,325 2019 $80,072,125 $232,080,000 $312,152,125 2020 $91,266,525 $269, 760, 000 $361, 026, 525 2021 $102,460,925 $303, 360, 000 $405, 820, 925 2022 $113,655,325 $336,960,000 $450,615,325 2023 $124, 849,725 $370, 560, 000 $495,409, 725 2024 $135,973,250 $404,160,000 $540,133,250 I Exhibit 8 HILLS OF DENTON NORTH REAL & BUSINESS PERSONAL PROPERTY INCOME INCOME TO JURISDICTION REAL & BPP YEAR VALUE CITY COUNTY DISD 2015 $65,740,925 2016 $127,343,725 $438,176 $155,076 $898,199 2017 $188,946,525 $848,771 $300,391 $1,740,714 2018 $250,549,325 $1,259,366 $445,706 $2,583,229 2019 $312,152,125 $1,669,961 $591,021 $3,425,745 2020 $361,026,525 $2,080,556 $736,336 $4,268,260 2021 $405,820,925 $2,406,314 $851,625 $4,935,348 2022 $450,615,325 $2,704,878 $957,291 $5,547,586 2023 $495,409,725 $3,003,441 $1,062,956 $6,159,823 2024 $540,133,250 $3,302,005 $1,168,622 $6,772,061 TOTAL X17,713,468 56,269,024 X36,330,965 Based on tax rates of: City - $0.66652 I $100 valuation County - $0.23589 / $100 valuation DISD - $1.43400 / $100 valuation Exhibit 9 HILLS OF DENTON NORTH SALES & SALE S TAX INCOME INDIVIDUAL NAIL ALE YEAR YEARLY ALE S S ~rITY 11 0 TA 1 ° S S ( ~2 ~0) C (~2 ~0) 12 f CUMULATIVE @ 5/s 2015 $12,588,125 $12,588,125 $188,822 $62,941 2016 $12,500,000 $25,088,125 $376,322 $125,441 2017 $12,500,000 $37,588,125 $563,822 $187,941 2018 $12,500,000 $50,088,125 $751,322 $250,441 2019 $12,500,000 $62,588,125 $938,822 $312,941 2020 $8,750,000 $71,338,125 $1,070,072 $356,691 2021 $8,750,000 $80,088,125 $1,201,322 $400,441 2022 $8,750,000 $88,838,125 $1,332,572 $444,191 2023 $8,750,000 $97,588,125 $1,463,822 $487,941 2024 $8,679,125 $106,267,250 $1,594,009 $531,336 TOTAL X632,060,375 59,480,906 X3,160,302 8 Exhibit 10 HILLS OF DENTON NORTH TOTAL INCOME TO JURISDICTIONS CITY COUNTY DISD CTA YEAR REAL REAL & REAL & TOTAL BPP SALES TOTAL BPP BPP SALES 2015 - $188,822 $188,822 - - $62,941 $251,763 2016 $438,176 $376,322 $814,498 $155,076 $898,199 $125,441 $1,993,214 2017 $848,771 $563,822 $1,412,593 $300,391 $1,740,714 $187,941 $3,641,639 2018 $1,259,366 $751,322 $2,010,688 $445,706 $2,583,229 $250,441 $5,290,064 2019 $1,669,961 $938,822 $2,608,783 $591,021 $3,425,745 $312,941 $6,938,490 2020 $2,080,556 $1,070,072 $3,150,628 $736,336 $4,268,260 $356,691 $8,511,915 2021 $2,406,314 $1,201,322 $3,607,636 $851,625 $4,935,348 $400,441 $9,795,050 2022 $2,704,878 $1,332,572 $4,037,450 $957,291 $5,547,586 $444,191 $10,986,518 2023 $3,003,441 $1,463,822 $4,467,263 $1,062,956 $6,159,823 $487,941 $12,177,983 2024 $3,302,005 $1,594,009 $4,896,014 $1,168,622 $6,772,061 $531,336 $13,368,033 TOTAL X17,713,468 X9,480,907 X27,194,375 X6,269,024 X36,330,965 X3,160,305 X72,954,669 y Exhibit 11 HILLS OF DENTON NORTH EXPENDITURES PER HOUSEHOLD PAID BY AD VALOREM AND SALES TAX CITY OF DENTON FY 2007 - 2008 General Fund Budget $ 82,766,764 General Debt Service Fund Budget $ 17,331,763 TOTAL $100,098,527 Number of Households 2007 Population (NCTCOG) 113,800 Persons/Household (2005 Census Survey) 2.46 Number of Households 113,800 / 2.46 = 46,260 General Fund and General Debt Service Fund expenditures per household $100,098,527 / 46,260 = $2,164 Portion of General Fund and General Debt Service Fund paid by Ad Valorem and Sales Tax - (per City of Denton Budget Manager) 63.88% Ad Valorem and Sales Tax needed per household to pay expenditures - $2,164 X 63.88% = 1 382 lU Exhibit 12 HILLS OF DENTON NORTH COMPARISION OF INCOME VS EXPENSE EXPENSE CITY INCOME YEAR NUMBER OF 1 2 HILL F CITY INCOME ,38 / FROM S 0 HOUSEHOLDS HOUSEHOLD DENTON NORTH LESS EXPENSE 2015 207 $286,074 $188,822 ($97,252) 2016 397 $548,654 $814,498 $265,844 2017 587 $811,234 $1,412,593 $601,359 2018 777 $1,073,814 $2,010,688 $936,874 2019 967 $1,336,394 $2,608,783 $1,272,389 2020 1,124 $1,553,368 $3,150,628 $1,597,260 2021 1,264 $1,746,848 $3,607,636 $1,860,788 2022 1,404 $1,940,328 $4,037,450 $2,097,122 2023 1,544 $2,133,808 $4,467,263 $2,333,455 2024 1,684 $2,327,288 $4,896,014 $2,568,726 TOTAL 1,684 X13,757,810 X27,194,375 X13,436,565 II Exhibit 13 HILLS OF DENTON NORTH ANALYSIS OF ANTICIPATED ADDITIONAL COST In addition to the comparison of projected income vs. expenses identified in Exhibit 12, a more detailed accounting of the specific or potential costs that the city may anticipate as a result of this development were identified in the Annexation Service Plan (Attachment 1) that was prepared by the city expressly for this property and development. The Service Plan was divided into Ad Valorem (Property Owner) Tax Services and Utility (Rate Payer) Services. That Ad Valorem (Property Owner) Tax Services: Data: Denton = 88.109 Sq. Miles (56,389.5 acres) -source: City of Denton Web page Hills of Denton North (HDN) = 0.78 Sq. Miles (502 acres) HDN = 0.89% of City in Land Area Maximum of 1,684 SF Lots proposed 2007 Estimated population =105,550 -Source =City of Denton Web page Estimated HDN population = 5,894 (@ 3.5 persons /household per Denton Plan) = 4,143 (@ 2.46 persons /household per 2005 Census) The Ad Valorem Tax Services studied in the service plan included: • Police Protection & Animal Control o According to the service plan no additional personnel, services or funding will be required to provide police service to the development. o However, it can be assumed that some additional police may be required to serve the anticipated increase in population. A typical national standard for police for a city the size of Denton is 1.9 officers per 1,000 population. The Hills of Denton North has 1,684 SF units Average density per household = 2.52 That equates to a population of 4,244 Police officers required = 8 Per the 2007 Budget, the approximate cost per officer is $84,400 Total = $675,200 Based on the size of this development and the anticipated call level, the City of Denton Police Department (email from Chief Roy Minter, dated August 26, 2008) estimates a total of 7 officers at a cost of $590,000. • Fire Protection: o The service plan states that a new fire station will be requested in the 2012 CIP to serve this general area which is prior to the anticipated date of construction of the HDN phase 1. The service plan also states that the actual cost of employees, equipment and facilities required to serve this area would be determined in the future. ■ According to the Comprehensive Annual Report for the Fiscal Year Ended in September 2007, the cost of Fire Station # 7 (most recent fire station constructed) was $4,024,221 (Table 3) and that 15 new firefighters were hired to staff the station. 12 • As mentioned in the service plan, the cost of construction for a fire station would be in a future CIP. Based on the adopted 2007 - 2008 budget: There are 162.25 employees =1.41 employees per 1,000 residents Operating budget of approximately $96,000 per personnel Based on a population of 4,244 5.98 (6) employees needed to serve development $576,000 cost • Roads and Streets: o The service plan states that the city will maintain dedicated roads, street signs, street lighting and traffic control devices. As all those apparatus will be new when installed, the actual cost of maintaining those items isn't anticipated to commence for maintenance installed at ■ According to the Comprehensive Annual Report for the Fiscal Year Ended in September 2007, the actual expenditure for Public Works (Exhibit VII) was $ 5,561,166. ■ As noted above, the Hills of Denton North is 0.89 % of the city inland area ■ A 0.89% increase would equal $49,494 o Those funds would also address any increase as a result to Drainage maintenance (also part of the public works budget) • Parks and Recreation Facilities o The only additional cost associated with parks identified in the service plan was for mowing for street right of ways. The cost was identified at $500 per mile. The streets that require mowing are those that have medians. Those include: ■ Secondary Arterials: • 2,430' ~ through the south western portion or the property • 2,940' ~ along the southern boundary • 3,050' along the western boundary • 8,800' along the northern boundary (F.M. 3163) • 2,580' through the site (Bonnie Brae) ■ Primary Arterial • 1,900' along eastern boundary (F.M. 2164) The total linear footage of ROW is approximately 21.700 lineer feet. The maximum cost per year would then be $2,050 (4.1 miles x $500/mile). However, that cost assumes that the Hills of Denton Development is 100% responsible for the need for the roads. When other factors are considered such as: 1. All the roads noted above are all identified on the cities Mobility Plan and the Hills of Denton North only contributes a percentage of the need for the road and therefore should only be charged a percentage of the maintenance. 2. Only 50% of the perimeter roads should be considered in the calculations (the remaining 50% would be the responsibility of the adjacent property owners when they develop) Even assuming that this development would generate 100% of the maintenance responsibilities for the roads identified on the Mobility Plan and 50% of the perimeter roads the total miles of median is reduced to approximately 3 miles which equates to $1,500 a year. 13 General Parks Maintenance is calculated as follows: General city mandate of 2.5 acres of parkland per 1,000 residents 10.6 acres of parkland for this development Based on the adopted 2007 - 2008 budget: There are 1,292 acres of parkland Operating budget of approximately $2.3M for maintenance ($1,682 per acre) 10.6 acres x $1,682 = $17,829 $19,329 • Planning and Development Services: o No additional costs for planning and Development Services were identified in the Annexation Service Plan. • Library: o The Service plan identifies additional funding in the amount of $40,500 as a result of the proposed development. Based on the adopted 2007 - 2008 budget: There are 49.5 employees = 0.43 employees per 1,000 residents Operating budget of approximately $98,200 per personnel Based on a population of 4,244 1.8 employees needed to serve development $176,760 cost o $217,260 total costs • Municipal Government: o By population, the Hills of Denton North is anticipated to be between 3.9% (4,143) and 5.6% (5,849). Assuming an average of 4.75% then it could be assumed that this development would "consume" 4.75% of the total services provided by the city. ■ The total 2007 - 2008 General Fund and General Debt Service Fund (Exhibit 11) was $96,094,852. ■ According to the Comprehensive Annual Report for the Fiscal Year Ended in September 2007, the actual expenditure for General Government (Exhibit VII) was $16,142,83 5. Assuming that the budget would have to increase 4.75% to match the increased population in the project (an unlikely scenario) the budget would need to increase by $766,785 at total build out. Utility (Rate Payer) Services: • Solid Waste: o The cost of providing solid waste services was identified as a monthly charge to those receiving the service. No additional equipment of costs to the city were identified as a result of this development. • Electric Utilities: 14 o CoServ has facilities in place to serve the proposed development. As such, there will be no cost to the City. • Water/Wastewater: o The proposed development will be served by the construction of a new off site interceptor sewer line built by the developer at no cost to the City (Ordinance No 2007-125). Additionally, a population increase of 6,250 was identified as the threshold when additional equipment would be required. The maximum anticipated population of this development is 5,894. Water will be extended from the existing 36" line on the north side of loop 288 at no cost to the city. o Water service to the development is covered through a combination of development exactions (developer contributed capital), impact fees and water customer rates. ■ Although impact fees only recover a portion of the cost to provide utility service, this development is subject to water and wastewater impact fees. Utilizing Tables 16 & 19 of the Building Department Permit and Fee Schedule and a maximum threshold of 1,684 lots, this development could generate as much as $9,714.996 in water and wastewater impact fees just for the single-family component of the development. The impact fees collected would be used to help partially fund the impact fee projects included in the city adopted Water and Wastewater Impact Fee Capital Plan. • $5,313,020 water impact fee (1,684 x $3,155) • $4,401,976 wastewater impact fee (1,684 x $2,614) • The impact fees for the commercial portion of the development will be calculated at the time each commercial property is developed and based on water meter size. • Engineering and transportation: o No additional equipment or facilities were identified as being required as a result of this development. • Building Inspections and Consumer health: o As identified in the service plan, both services are made available on a cost recovery basic and permit fees offset the cost of services provided. I 5 Non-City Expenses • Denton Independent School District: o The school district analysis was based on the entire Hills of Denton development. When considering just the Hills of Denton North, only one additional Elementary School may be required. According to the cost data provided in the service plan, an elementary school costs $21.4 million to build and staff. By the end of year 7 (Exhibit 10) a total of $23.4 million would have been generated in taxes to the school district by this development with a total of $36.3 million by the end of the tenth year of development. • Franchise Utilities: o There is no cost to the city for the installation of franchise utilities (telephone, cable TV....). Those costs are borne by the service provided and recovered by monthly payments rom t e service users. Summary of Costs to the City: Ad Valorem Tax Services: Generally, there were minimal costs to the city identified as a result of the proposed development totaling $858,279 which is adequately paid for by the revenue generated. Utlllty SerV1CeS: There are n0 1ClentlfleCl COStS t0 the Clty 1ClentlfleCl at th1S tlme aSSOClated wlth utlllty (rate payer) services. A summary of all the costs are outlined below: • Police Protection & Animal Control: $590,000 • Fire Protection: $576,000 • Roads and Streets Drainage) $ 49,494 • Parks and Recreation Facilities: $19,329 ($17,829) • Planning and Development Services: No Additional Cost ("covered" ~ Municipal Gov't) • Library: $217,260 ($176,760) • Municipal Government: $766,785 • Solid Waste: No Additional Cost • Electric Utilities: No Additional Cost • Water/Wasterwater: No Additional Cost • Engineering and transportation: No Additional Cost • Building Inspections and Consumer Health: No Additional Cost • TOTAL: $ 2,218,868 • Costs that are assumed to be "covered" in Exhibit 11 & 12 as typical expenses paid by Ad Valorem taxes. • The only "Additional" cost identified was the cost of maintaining medians (1,500 I year) and a $40,500 cost to the Library system. All other costs are "typical" to any development and the revenues generated are anticipated to more than cover expenses. See Exhibit 14 below. 16 Exhibit 14 HILLS OF DENTON NORTH 5 & 10 YEAR COMPARISION OF INCOME VS EXPENSE CITY INCOME NUMBER OF FROM HILLS OF CITY INCOME YEAR HOUSEHOLDS EXPENSE LESS EXPENSE DENTON NORTH (EXHIBIT 10) 967 2019 (Approximately $2,608,783 $1,109434 $1,499,349 50%) 2024 1,684 $4,896,014 $ 2,218,868 $2,677,146 Conclusion: The costs identified are upon final build out of the development and will likely be phased in over the anticipated 10 year development life of the project. This is especially true for road maintenance as all the roads constructed in the proj ect will be new and probably won't even need maintenance within the 10 year time frame of the study. It is also unlikely that every service provided under the umbrella of municipal government will need to be increase as we projected. However, by the end of the second year of the development (Exhibit 10), the Hills of Denton North will generate an estimated $818,820 revenue to the city and exceed $1 million by the end of year 3. The revenue increase each year and caps at approximately 4.9 million by year 10 easily covering the anticipated "additional" costs. Based on the analysis provided in Exhibits 11 & 12 and 13 & 14, there should be no out of pocket costs to the City of Denton, both short term and long term, related to public facilities and infrastructure as a result of the Hills of Denton North project. The average calculations method used in Exhibits 11 & 12 results in a net total to the city of $2.56M by year 10 after expenses while the methodology of Exhibits 13 & 14 results in a net of 2.67M after year 10. Regardless of which method used, all anticipated costs will be covered by expenditures by the developer, the revenues generated by the development, except as the City may elect to participate, and as further described in the Development Code. 11 EXHIBIT 3 CITY OF DENTON SERVICE PLAN FOR A07-0006 Hills of Denton North Annexation I. AREA ANNEXED The annexation area is located west of Locust Street (FM 2164) and south of Milam Road. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.065(b)-(o) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract(s) 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 with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment. Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation. B. Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in this area is 6 to 9 minutes from Station #4 located at 2110 E. Sherman and Station #5 located at 2230 W. Windsor. The City of Denton will provide emergency medical services ("EMS"). C. Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County, shall be maintained by the City of Denton on the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic control devices will be maintained by the City of Denton on the effective date of the annexation. D. Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan. No parks are currently located within the proposed annexation area. Denton neighborhood park facilities are not within reasonably close distance of the proposed annexation area. Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs. E. Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maintained throughout the city. This annexation will impact the current level of library services provided at the North Branch Library as it is in proximity to the service plan request. F. Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. Both services are provided on a "cost recovery" basis, and permit fees offset the costs of services delivered. Incomplete construction must obtain building permits from the Building Inspections Department of the City of Denton. G. Planning and Development Services Planning and development services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of the Denton Development Code, concerning subdivision and land development regu ations. City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tract is within the Rural Areas land use designation. The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as environmental and open space corridors. The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed. IV. UTILITY (RATEPAYER) SERVICES A. Solid Waste Collection The City of Denton is the exclusive residential and commercial solid waste service provider in the City. City Ordinance requires Solid Waste services for all residences and commercial businesses located within the city limits. The City of Denton Solid Waste Department is fully funded through the service fees charged, and receives no funding from city tax revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. To receive solid waste collection service, the customer must contact the City of Denton Customer Service Office, 940-349-8787, and submit arequest/application for service. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Service prior to receiving service. Residential Solid Waste Services Each residential address will be provided a wheeled refuse cart, which will be serviced one time per week. Residents are required to place their refuse cart(s) at the curb prior to 7:00 a.m. on their collection day. Carts should be placed at the curb for collection no earlier than 6:00 p.m. the evening prior to their collection day. Carts are to be removed from the curb no later than 6:00 a.m. on the day following their collection day. All refuse placed in the cart for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the cart with the lid closed will not be collected. Additional carts may be provided for an additional monthly charge. Weekly yard waste service is provided. Weekly bulky item collection service is provided. Weekly curbside recycling services are provided by Trinity Waste Services. Contact Trinity at 1-800-766-1758 to obtain curbside recycling information. Each residential customer's refuse cart service, curbside recycling service, bulky item collection service, and yard waste service will occur the same day of each week. Please telephone Customer Service, 940-349-8787, to answer any remaining questions, and sign up for service. Commercial Refuse Service Each commercial business will be provided with a commercial container(s), which are available in a variety of sizes and frequencies of collection, based on the waste type and volume generated. All refuse placed in the container for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the container with the lid closed will not be collected. Refuse placed outside the container is subj ect to code enforcement regulations, including potential fines. Landfill Service The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For information regarding disposal charges, call the Landfill Office at 940-349-7510. B. Water/WastewaterFaci1ities There are no water and wastewater facilities in the area to be annexed. The city will provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. C. Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City will provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. D. Electrical Services CoServ Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner. Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. V. OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration will be made available on the effective date of the annexation. The City shall provide a 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 with topography, land use, and population density similar to those reasonably contemplated or proj ected in the area. VI. CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation. No construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 %2) years after the effective date of the annexation. The City shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered throughout the City for areas having similar characteristics oftopography, land use, and population density. VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City 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. VIII. T_ 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. IX. 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 (Vernon Supp. 2000). EXHIBIT 4 SERVICE AREA ANALYSIS A07-0006 Hills of Denton North Annexation The Planning and Development Department has received a request for annexation of approximately 484.84 acres of land located west of Locust Street (FM 2164) and south of Milam Road. Size: 484.84 acres Location: West of Locust Street (FM 2164) and south of Milam Road Proposed use: Single Family Dwellings and Commercial Retail Proposed zoning: Master Plan Community (MPC) The purpose of the service area analysis is to determine how the city would provide services to the area should it be annexed into the city. A service area analysis form is attached. Please provide the requested information and any other pertinent information. To determine the city's ability to provide services to the proposed area it is necessary to document: • each department's existing capacity to provide an adequate level of service to the proposed area; • additional personnel and capital equipmentlfacilities necessary to provide an adequate level of service to the proposed area; and • cost of providing additional service. Existing Conditions: Proximity to existing arterial and collector roads. This site is located on the southwest corner of Locust Street (FM 2164) and Milam Road. The Mobility Plan designates Locust Street as a Primary Major Arterial and Milam Road as a Secondary Major Arterial. There is a Secondary MajorArterial that runs east-west along the southern boundary of the site. Future Land Uses. The proposed annexation area is within the Rural Areas and Neighborhood Centers land use designations. Existing land uses: The majority of the subject site is currently undeveloped. There are approximately 9 existing structures located on the site. Prominent natural features: The Environmentally Sensitive Areas (ESA) map shows that this property contains ESA- Undeveloped Floodplain and Riparian Buffers. This site contains 100- yearfloodplain. Proximity to other service providers: This property is along the northern border of the City of Denton. Based on the current data, there is no water line or sewer line in close proximity to the subject site. The closest water line is located south along Loop 288. Thank you for your consideration of this request. Please submit any other information that you believe is pertinent to evaluate the provision of services to this area to Ron Menguita in the Planning and Development Department by March 5, 2008, and call (940) 349-8328 if there are any questions. i 1~ ti z - ~ k V 'I If ' f1 r ~ 1• i1 k ~ f 1 SERVICE AREA ANALYSIS A07-0006 Hills of Denton North Annexation Fire 1. Fire and Emergency Medical Services can be provided to the area from stations} # 4 located at 2110 E. Sherman and #5 located at 2230 W. Windsor. 2. Estimated response time. 6-9 minutes 3. Appropriate response time in the City. 5 minutes 4. Is a new fire station approved in the CIP that could serve this area? No If yes, what is the CIP program year? 5. Will a new fire station be requested in upcoming CIP proposals to serve this area? Yes If yes, when should this station be operational? 2012 6. Total estimated funding for equipment, employees and/or facilities needed to serve this area strictly based on annexation and proposed development. TBD 7. Please comment on the cumulative impact of annexation and development. At what population level would another fire station facility be required? NIA Is there an accepted facilitylequipment to population ratio that can be used for planning purposes? No Is there an accepted firefighter to population ratio that can be used for planning purposes? No Additional Comments: Ross Chadwick, Fire Chief March 4, 2008 Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0006 Hills of Denton North Annexation Parks and Recreation 1. What neighborhood park and recreational facilities are currently serving this area or are capable of serving this area if annexed and/or developed (federal, state, or local)? None are within the proposed annexation. The closest Denton Parks properties to the proposed annexation area are North Lakes Park 3.2 mile to the south, Evers Park, 3.5 miles to the south and Water Works Park, 3 miles to the east. Current residents will be able to use existing City of Denton parks, facilities and programs. 2. What projects and/or equipment will be needed to adequately serve this area if annexed and/or development based on the parks and recreation master plan or similar standards? The 2000 Denton Park and Recreation Master Plan does extend to the general area of the proposed annexation. As neighborhood subdivision development occurs, neighborhood parks and community parks with athletic facilities will be necessary. This will be accomplished by the use of the City of Denton Park Land Dedication Ordinance which calculates the required acreage as residential areas are final platted. Neighborhood Parks: 2.5 acres per 1,000 population (to be dedicated at time of development) 5acres minimum size. Neighborhood Park Development cost per acre is approximately $60,000lacre. Community Parks: 3 acres per 1,000 population 30 acres minimum cost per acre. Recreation Center: square feet per 1,000 population. squarefeet minimum size. cost per square foot. Other facilities Community Parks: square feet per 1,000 population. square feet minimum size. cost per square foot. 3. How much additional funding will be needed for maintenance if additional park facilities are developed to serve this area? None required for Parks at this time. However addition mowing for street right of ways will be needed. Annual Cost for new street right of way mowing for 5 cycles is estimated at $100.00 per cycle per mile of new right of way mowing areas to come into the city. Service Standard: Based on $41.00 per acre per mowing cycle. 4. How many additional personnel would be needed to properly serve this area if annexed and developed? No additional personnel for Parks maintenance required at this time. However additional resources will be required for road right of way mowing along roadways that become city streets. additional personnel per 1,000 population; additional personnel per 1,000 square feet of facility; or additional personnel per acre of park. 5. Service Standards: additional personnel per 1,000 population cost per additional personnel Additional Comments: Denton Parks and Recreation Departmentwill attemptto coordinate placement of park facilities proposed for development by the developer or use funds from the Park Land Dedication requirements to purchase or expand existing parks within the service area of this development. Bob Tickner, Superintendent of Park Planning and Development March 24, 2008 Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0006 Hills of Denton North Annexation Police 1. Estimated average response time for this area based on current department conditions: Priority 9 minutes Non-priority 20 minutes Average 14 minutes 2. Appropriate average response time in the city based on current department conditions: Priority 9 minutes Non-priority 20 minutes Average 14 minutes 3. If annexed and developed as proposed will additional personnel be needed as a specific result of this proposal? No. If yes, how many? What type? 4. Will additional equipment and funding be needed to serve this area? No. If yes, what type? 5. Will a police substation or other facility be needed to serve this area as a result of annexation and development? No. If yes, when should the new facilities be operational? 6. Please comment on the cumulative impact of annexation and development. At what population level would another police facility be required? NIA Is there an accepted facilitylequipment to population ratio that can be used for planning purposes? No Is there an accepted officer to population ratio that can be used for planning purposes? No Additional Comments: Captain Scott Langford March 24, 2008 Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0006 Hills of Denton North Annexation LiLi-Y 1. Estimated additional funding needed strictly based on proposed annexation and development. $40,500 2. Please comment on the cumulative impact of annexation and development. Since the proposed annexation area shows a maximum of 1,684 single family units, the annexation and development of the Hills of Denton North will have a negative impact on library services atour North Branch facility. 3. At what population level would another libraryfacility be required? 131,738 4. Is there an accepted circulation to population ratio that can be used for planning purposes? Yes. 7.47 is the national 2007 annual circulation per capita average for the service area population served by the Denton Public Library. 5. Is there an accepted employee to population ratio that can be used for planning purposes? Yes. According to the Texas Public Library Standards it is one (1) FTE per 1,000 populations and one (1) professional librarian per 8,000 populations. 6. If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? No. The proposed annexation area population will increase service demands at our North Branch which is already operating at reduced staffing levels. 7. If not, how many additional employees and what type of facilities and materials will be needed to provide services? Three (3) additional employees are needed to provide adequate staffing when the number of maximum single family units is built out. Additional Comments: This annexation will impact the current level of library services provided at our North Branch as it is in proximity to the service plan request. Eva Poole March 5, 2008 Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0006 Hills of Denton North Annexation Solid Waste 1. Is residential solid waste service available to the proposed area for annexation? Yes 2. Is commercial solid waste service available to the proposed area for annexation? Yes 3. What is the estimated cost to provide this area with solid waste service? Residential: Large Refuse Cart - $17.751 month Medium Refuse Cart - $16.60 I month Small Refuse Cart - $15.001 month Recycling Cart - $3.501 month Commercial: Based on container size, and frequency of service. 4. What is the typical revenue collected per: Household. Based on Refuse Cart size selected. Commercial Business Based on container size, and service frequency. 5. Will additional equipment be needed to serve this area if annexed or developed? No Type of Equipment. None Cost of Equipment. NIA 6. Will additional employees be needed to serve this area if annexed or developed? No Type of Employees. None Number of Employees. None 7. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? NIA Is there an accepted equipment to population ratio that can be used for planning purposes? No Is there an accepted employee to population ratio that can be used for planning purposes? No Additional Comments: S. Lebsack, SW Administration Manager March 4, 2008 Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0006 Hills of Denton North Annexation Electric Utilities 1. What is the distance to, location of, and size of the nearest CoServ electric line? 2. What type of lines and facilities would be required to serve this area? 3. Are any new lines or facilities proposed for construction to serve this area? 4. Are there any potential responsibilities if this area is annexed? 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning purposes? Is there an accepted employee to population ratio that can be used for planning purposes? Additional Comments: CoServ Electric has in place on or near the referenced property an adequate and dependable source of electric power and energy capable of supplying electric service to the proposed development location. Service can be extended to the developed tracts upon request according to our approved Tariffs. Loren Smith, Project Management Coordinator CoServ March 17, 2008 Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0006 Hills of Denton North Annexation WaterlWastewater 1. What is the nearest City of Denton water line? Size of water line. 36 inch Location of water line. North side of Loop 288 west of Locust Street Distance from proposed annexation. 2. What is the nearest City of Denton sewer line? Size of sewer line. 18 inch Location of sewer line. On Nicosia Street south of Loop 288 Distance from proposed annexation. 3500 feet 3. According to the City of Denton master plan what type of lines and facilities would be required for this area and when are those lines and facilities proposed for construction. Water lines Line extension requirements and lines sizes will be determined during the preliminary platting phase of the project. Sewer lines 30 , 36 and 42 inch. Construction of sewer line will coincide with the development of Hills of Denton property. The sewer line will begin at the Hills of Denton property and travel east along the MilamlClear Creek to the future proposed City of Denton Clear Creek Water Reclamation Plant. 4. Are there any City of Denton lines included in the proposed annexation? N0. 5. Please comment on the cumulative impact of annexation and development At what population level would additional equipment be required? 6,250 Is there an accepted equipment to population ratio that can be used for planning purposes? 6,250 Is there an accepted employee to population ratio that can be used for planning purposes? 6,250 Additional Comments: The proposed annexation area will be served by the construction of a new interceptor sewer line (see attached Exhibit "B"). The City of Denton Ordinance No. 2007-125, Dated June 5, 2007, for agreement between City of Denton and Denton 288 LP, for Provision of Sanitary Sewer & Water Facilities pertaining to Hills of Denton will dictate the responsibilities of the City and the Developer of Hills of Denton to provide wastewater and water service to the proposed annexation area. P. S. Arora, Assistant Director for Wastewater March 4, 2008 Tim Fisher, Assistant DirectorforWater March 25, 2008 Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0006 Hills of Denton North Annexation Engineering and Transportation 1. What existing roads, bridges and other transportation facilities will be impacted by this proposed annexation and development in terms of needed improvements or upgrades? Name and location Type of Improvement Approximate Cost See comments below 2. Are any of these improvements presently scheduled to be done at state or federal expense? N0. If yes, please identify facility and anticipated date improvements will begin. 3. Please list any drainage improvements that may require local funding, and include estimated cost (if no specific improvements can be determined, please make general comments concerning drainage). Storm water from this property drains south and east to the floodplains of Milam Creek and Milam Creek Tributary 10. At this time, no specific drainage improvements are envisioned to be needed as a direct result of this annexation; however, as this land develops, drainage improvements will be required in accordance with the City of Denton Development Code, Drainage Criteria Manual and other applicable ordinances. 4. Will additional equipment and facilities be needed as a specific result of this annexation and development? N0. If yes, what type of equipment or facility? 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? NIA Is there an accepted equipment to population ratio that can be used for planning purposes? NIA Is there an accepted employee to population ratio that can be used for planning purposes? NIA Additional Comments: A Traffic Impact Analysis will be required that assess the effects to the existing roadways as well as those required of the Denton Mobility Plan. Additional roadways may be required depending on the resulting LOS capacities determined. The property owner should be aware that there is a proposed EIVIITollwayforthis area and should contact the proper authorities for direction. Bernard Vokoun March 14, 2008 Chad Allen March 17, 2008 Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0006 Hills of Denton North Annexation Denton Independent School District 1. Education services are currently provided by: Denton Independent School District 2. If annexed, can anticipated service demands be met using existing materials, facilities and personnel? No -Current DISD facilities and staff levels will not service the student population resulting from the Hills of Denton North Annexation anticipated 1,684 single-family units. 3. If not, how many additional employees and what type of facilities and materials will be needed to provide services? Student Yield (.75 =SIF .20=MIF) Elementary Middle High Total Pop. 674 286 303 1263 Campus Requirements Elementary Middle High Total 1 ~/2 to 1 ~/2 to 1 2-3 Staffin Elementary Middle High Total 65 55 -110 100-200 220-375 Considering the entire Hills of Denton Developmentthe districtwould require 1'/2 middle and high school facilities. The additional student population could possibly attend an existing middle or high school facility or a completely new middle or high school could be constructed. Student densities will dictate exact number of facilities required. 4. Estimate additional funding needed strictly based on proposed annexation and development. New Facilities - Elementary Middle High Total $20 Million $43 Million $120 Million $183 Million Staffing Salary - Elementary Middle High Total $1.4 Million $2.8 Million $4 Million $ 8.2 Million 5. Will projected school taxes from this development provide that additional funding? To be determined. 6. Please comment on the cumulative impact of annexation and development. This proposed annexation will provide city services to DISD facility. The proposed annexation would require DISD to pass additional school bond programs to finance construction of new facilities. 7. At what population level would other school facilities be required for the City of Denton? New facilities are designed to accommodate the following: Elementary - 650 - 700 students Middle School - 900 -1000 students High School - 1800 -2000 students 8. Is there an acceptable employee to population ratio that can be used for planning purposes? Elementary - 22 students per teacher Middle School - 28 students per teacher High School - 28 students per teacher Additional Comments: Rod Reeves (940) 369-0250 Coordinator of Facilities, DISD March 25, 2008 Person to contact if there are questions Date EXHIBIT 13 RESPONSES TO PUBLIC HEARING NOTICE I .ri ~ =r _ _ s -'~F-~-rL 'r a_' - - - - - r.. - - 47 ■ . t- IiY * f* !w f ~ I'I I • , 1 ` ~ { I ~ ~ ~ - s ~5 .h I J ~1 ~1 h~• f~ ~ ~t ~ Ta ~ L~ L + T5 I• ~ y I I. I .i - - V *i ~I IIL1 I / LI 5 s 1. 1' r •5 1 I + ~ r i I 5r I u L I ~ t fG 11.1 4 .s.. F I~~ ~T~ Y ~I i~ I / of ~ r f ~ 'Cr I i - : - 1a. 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I ~ I • ~ I I~ ~ ~I ~ I { I • 1 iL.. ~ - r ~ ~ r } ~ J ~ J f I / -r_ j N I. ~f 5 F I I 1 ,L ~ r •li I ~ }y!!'~~ ~ _ I L I 4 i . .n ~ r it i,., . LJ i .}.1 i i J m~:b f: s - i - I~ Y~ + II f ~ ~ I _ ~ ~ I L I• J IIII I ~ I i Ij + I• ti, i Il I + _ t r . ~ Ian ! I ~ ~ ,k ~ ~ r 'I i ~ ' r Nti •n I ~ ....I....~, _ r- f 1 F~ 'r5 i ~r _ - ~ 'f'~ r S =~xWL.. . _ N J •I ~ ~ . F ~'S h r I _ w ~1, 1~ ~ I. I _ ~ Y !•R ' T ~ f~ ! - - - i a.it _ii _fiM~ ~ F I - ~ "N 'IL~S+~'r -'J'L~ Ir L r } ~ ~ u n ~ rl/_L. L . it II 1 ~Si - R#T. 1 -~I_ ~ _ _ _ 1 _ Y r. .i ~ C. .a e.J.~tfT.: A I Y. _ f I' _ _ Wyk _ _ 1 ~ ~1 ~ F { I i - - I ~i h TvR. I~ .I. i-JL I Are q~ F I I I I T. ~ ti _ _ = r,~ ~ ~ ~:Y~.. 'fi 1. it ~ I r •~y4 J. _ . _ CSC -I fah ~ ~r L r+. _ II w. r. _=r fl _ M1' 4 r I • 'q` ~ ~Ta `7_ - . ..L. ..z i _a;.i_ Jrr Y~ k 1+' A I„ * ~ , y 7~ iL J ti, - . ~ ~ it Q]~MISSr ~i5: T'he fourth item on the 1 arterial. 'This is the nortY,~sauth Bar~nie brae prim~y 2 Age~3a is a public h~rir~. Initial zonvxg ~f appra~imately 2 axterial. And. on. the uaesterrr boundary is another secondary 3 484,84 acres o~ land to the Hills of Denton l+~th 3 arterial. AI.X these prin~ry and secry arterials are 4 Master-Pl:aamaed Ct~~nity .ng District ar~d rezoning of 4 already included in our tn~il.ity plan r~,p, so they're 5 .apprc>xitmatel.y 17.14 acres of lao~i from ~Tei.ghborhood 5 consistent to vet has already been approved. 6 Resic~.tial 2. 6 I'd like to point out that the single-fa~a.ly 7 7 gists of 421 acres, approximately; the cczmaercial use 8 M~. N~C;CTlTA: C~aocl Chair, N~rbers 8 consists of approximately 81 acres; a~ in between those 9 of the Caxrrussioz~. 9 here will be open space, again, shown lore along the ESA, i 0 As stated this is a request to initially l0 and r~ter~ys shown in browm. i 1 rezone the newly-armed wit is referred to as the Hills cf l i The applicant is also pr to pro;rid~e i 2 Eton Noah in additiaax to rezcmir~g apprc~mately 1'1 acres, ~ 2 oallectors that will transact this secticm here as well a.s 13 whiC~'i is c~trently within the city, z -2, again, to the 13 ire. The l~laek star is a delineation of mere a proposed, i 4 Hills of Dare North NBC zar~iang. 14 school may be located. . 15 subject site i5 located just west of 15 Phasing tli~e property, phase one will o~si5t 15 i.~ocust and south of ~i~.am Road. It's appro~tely 502 acres 15 of the area closer to the corner of Milani ~xid and ~,ocust. 17 car~ined. It's located north of the Hi11s of Its P+~C, 17 Phase tv~ will be fuxther west. The applicant has stated i 8 which w~ recently approved last yeax in J of 2D07. 18 that ~e o~ae will rmst likely rat start till 2015, 214 . 19 mhe future land use designaticm for the area l9 The whole phase, or the whole development, is anticipated. to 2 ~ is both rural areas skim hem in green and a r~igtaborhaod 2 4 be ccrnpleted ~n a l0-year span, so each phase consisting of 21 canter shown in yellouu towands the southwest comer. 21 five years, . 2 2 As stated, the subject property, .484 , 84 acres ~ ~ Purs~aar~t to ~ubchapt~r 35.7.1 , 2 .D. i, the MQC 2 3 of pposed Hi115 of ~q~]tCIIT North ~irlr, ux~5 reoe~ly 2 3 regulations, the D.evel~ Ct as proposed by Hills of 2 9 armexed about a myth ago, and, a,s such, does not receive a 2 4 must aanply with the code except v,~ere nndificatXCm~s 2 5 therefore, v~ are here Might to c~szder the 2 5 and deviatia are prvpased. The applicant bras s~xmi:tted a 10 12 1 initial zoning of a Hills of Denton North MF'CC. Strom again proposed za~.ir~g ~t as we11 as a developR~nt standards 2 towards Iacust, which is on the ea~stezn uldary, is property 2 Wit, Three are included ~n your backup as E~.ibits 8 3 nomad l+A~~2. And that also is loo~Cing the appliCar~t a.s ~ and 9. z will go over briefly what the applicant is 4 loakil~g to rez that to the Hi~.ls ~f Dente North MSC, 4 proposing to de~rxate fr~xm the Irelc~xnent e starting with 5 ~ Ex~.sti oton5 ~ the site, theme are ~ 5 the zanirg document . 6 appx~acimateXy TO stru~ures that are currently vacant aax3 6 First of ail, the zc~ir}g document c~sists of 7 Hrill be remtov as the c-fevel~t of the subject prtY 7 on7.y sir~le-family and carmyercial ~ districts. 8 starts, We also have ESF1 as ~:ll as some tataography ~ the 8 Ot}va.ously, our code consists of a little fait more. 'They're 9 areas. The ESA areas will. be conserved thr►augh app space 9 limitax~g their zonixlgs to just these two, As J.1, included. ~ 0 ark k ~.0 in your zr+r~~ docent is a table tk~t lists vat i.s ll Foos of the site, here, this is St>ow~ lz permitted and rat permitted as well as Specific Use Permit l2 loca~~.ng south from the earner of NFilam axad Locust. '~ri.s zs 12 requir~nents for any uses that fall tender the single-family 13 loo)cix southeast from Milani Road. Ttais photo is lacking 13 Or o~tmercial ~ dstricts. 14 west tou~.rds property from Locust Skreet . 'iY~i.s photo shr~+rs 14 General regulat~,oaas , The cages shown here 15 not a street, but rather a natural gas pipeline c~st~uctiAn 15 reflect v~iat is 1~R-4 far single-fa~rdly ark ut is C~-G for 16 that is being constructed along tk~e sauthert~ porta.on of the i 6 commercial under here. So the Changes axe highlighted zn 17 subject site. Property to the north, as you can tell, is 17 red. For exa~le, sir~ie-family, 5,500 square feet rnini.mum ~.8 primarily rural. The ptu~to to the east, again, shaaif>g cap 18 lot area. Arid the code for NR-4, to compare it, it zs 7,000, 19 tte foregro~u>d is T~ocust . 9 5o they're dropping their minirn~n lot area apprc~eimately 2 ~ Tt>is is the cenceptt>a1 plan that was 2 0 1, 500 , 21 presented to Staff . As you can the subject property ~s 2 i The other area, min.im~t rear yawl, the 22 to have s~xagle-family shown in yellow sand crcial 22 ~rcial Shows none. Our Cf~i-G also 5hovas none. 'I~atrs 2 3 shci in red. 'The commercial d7.strict, T.fA11 ng districts, are 2 3 just rare Of a clarification. Linder 5ir~le-family the 2 4 located ~ the corners of primary arterials , The road shown 2 4 mi ni residential unit size, 1, 8D0 is stated as a r~xlimmy 25 here is Milaxm. This a,s Loc~zst. 'rhz.s is a proposed secxmdary 25 unit size. They a~,so have put a caveat tit if it is part of 13 15 . 1. an adult .retirt coimxuuty, tk~t rninimrn sure footage 1 be Wired, such as screees~ir~g, buffering, and landscapes 2 can drop to 1, 300. Dlc~r~er~t ode al],ows ar the 2 with any proposal of parking in fret or pax~a,ng betvaeen the 3 t~ixyimu~ requirem~t is 900 square feet for a sirx~le~family. 3 street and the building. 4 And, lastly, maximun building height. 4 'The next its i.s clarification of 5 applicant is ~.ookir~ at 4~ feet for single-family. The 5 architecture features. T~ve applicant is prc~vid~ 6 hea.ght requirerr~nt fcr ~t~4 , again, if we r re gain tc coztpare 6 clazif ication arri also aging a new. arch,itecturai feature to 7 it, is 40 feet. Sa they're~ancreasing it by 5 feet. 7 select fran. 8 ~ lopment threlds. The licant is 8 Clarification of sir~le-family facade i I 9 providing I, 584 kits. 'This is on a four-mot per acre. "tau 9 separation, this here, this exc~i~le, or this i3.lustration 1 D k~u, if you were to multiply four units b'Y rnm~ber 421, z 10 shows that r~ sari elevati~t can be ]:orated within three 11 bei.i~e~, acres, that's the tnnr~er of maxi.m~n units that wou]:d ~,1 lots. Far e~mple, this elevation cannot he closer than 2 be allc~ed wader this develaixr~t . 12 three, so it's shav~m here, as well as across the strreet . So, 13 Tt~xe will be no miltifatru.l~ develnt as 13 for exan~le, if A is Mere, that woul~t neat be permitted 14 far as. the develapmant, so the ratio for m.~}.tifamily to l4 because it needs three lots' separation between the tvx~ 15 single-family is 0 to lOD percent or .100 to 0 percent. l5 elevations. . 16 doing to the ~.opment standards [mint, lb The next item, all facades, e~cc~.uc~xig 17 verve got s rnIIrber of deviations. The first 'one is ~dir~ 17 front fates, v~aich face ~ public street, right-of-way, 18 ].aradscape anti tree canopy requir~r~aats. Again, w~'rE usi~ I8 excluding the alleys, mast certain at least 10 percent. Our 19' the t+]R-4 and the Q4I,G as oamparison. The single-faQr~.ly 19 code requires 25 percesrt. The applicant is prrsinq tYrat 2 ~ lar~scape area requirerner►t drops to 30 percent cc~nparod. to ~ 0 that window and door arm be decreased to IO percent , 21 NR-4, as well as the tie campy drops another it 2l Quickly, this all here refers to 2 ~ drops 10 ~excentr from 50 t0 40 percent . 2 2 s~ragle-fa[su.ly. ~.~D percent masonry xS what they're requlrrng 2 3 In the ca~aerc3:a1 site, there is rap ~har~ges 2 3 ~vr areas ar~ the fret . Oar does not z~quire that . 80 2 4 P~~• ~ 4 percent for the entire structure. Our code does npt require ~ 5 The n f~nr slides we' 11 qo r what is 2 5 a percentage of mssanry. 14 16 1 being deviated from the code. Thay are also irvclu~d in ytx~r 1 minimam square footage for detached we . 2 3~ackup. The first one is in regards to standards for surface 2 went ~ this is 1,800 square feet. Aotu,ally, there's 3 Their trigger is at 150 spaces. ~Ihat's i.n the code 3 a caveat that if it's part of an alt comsity, it can grog ~ i.s our threshold, meaning they pxr~ose loo spaces, they 4 dim to x.,300. The applicant is offering that 10 percent of 5 have to amply .with certain starr3asds. 'T'heirs is at i50, so 5 .all detac:d single-family shall bye a mini.marn of 2, 000 square . 6 their development has to hit 15~.before std are 6 feet. Aid, a~.so, anrsther 10 percent triin.i~n.ur~, single-family 7 required. fiver, the applicant is prrovidi.nq additional 7 shall be 2,200 square feet. $ standards that's not In CRIr current code. $ For attached s~r~le-farrnly ua]1.tS, the m~ni~Ctl 9 Permeable paving is not required for surface 9 squa~~ footage is L,400. The ~rin;murn square footage for I D parkirx~ that e~aceeds the rr of parking spaces. In our ~ ~ two-family dwellis~s these are duplexes the square 11 code perneable paving far parker spaces is required o~ace yrnz 11 footage is 1,200 per unit. So if have a duplex, that 12 exceed that red parking as described in bchupt2r 14. 12 would be a totem. of 2 400 square footage. I3 Parkin structures. The applicant is 13 Again, just added language, offset arld jogs 14 proposing that all psrkir~ structures re an Alternative 1 ~ shall be a r~.nimum of 2 feet . 'S7aat is not part of our code 15 ~lc>pment Plan ar~d an architectural elevation be provided. 15 currently. 15 O~xr node does not require an Alternate DevelopmPSrt Plan fora 15 Building shall have a primary orientaticm 17 parkin structure . 17 to~usrds the street . Our requi res that the primary 18 ~ applicant is provi.dir~ a new opti~z for 18 ori~tatiot~ be towards the street only, T#~y're praposirq 19 sCx'een.a.t~ the right-of -way • 1 ~ 'that it be street and/or parking lot . 2 ~ The next item here is park~.~ between the 2 0 1'11 just now refer to crxrmercial districts. 2 Z building and the street. As we dust heard, our requir~t 21 For ccnmerci.a.l and office buildings, the front of those 2 2 is that there is na par~tii~ between the building and the 2 2 buildings shall be 100 percent . Again, our code dr.~es not 2 3 street unless you meet certain criteria . The applicant is 2 3 have that requir~nerat . ~ 4 proposing that it would be permitted in the comrerCial zing 2 4 Psrkirx~: The apg3.icant is grc~vidi,ng . 25 districts; howesrer, there are additional standards that wi11 25 its ar deviations frca<n the parkin standards. u.....,....~., . , 1'7 19 l Cerally,. the proposed parkx~ sus allow fir ~rore 1 tau~rds th,e periry of tl~e develcnt, additional 2~ parking. For e~np~.~, our ~ states that a.buildir~g or 2 ?auf~erir~ a~i s~reenirx~ will be prrav~ided again to alp 3 car~n~rcial retail bEU.ld giros arse space per 3Q0. ~ 3 establish that oc~~atibility betwe tk~ proposed [~vel~t . 9 They're proposing that i,t be dropped dov~t to 200 sq]Ce feet 4 and the mr3; ng , , 5 per space. So, generally, all of the it~ns listed here, 5 ~'i~~dings C, that the provision for public 6 they're eitheac Crew or modified, they tetxl to allow fs~r 6 facilit~.es such as schools, fine pr~atection, law enforce9rent, ~ mare pa~~g 7 water, wastewater, streets, public services, and I~s'are 8 :edit.for on-stmt paxkii~g. off-street 8 ade~a~e to sexve the anticipated population within the I~fPC 9 pa~ir~ far evexy cmTstrt spare. ` ~~ie states that 9 district. 10 off,street parkirxd for every two orx-street, So, again, 10 lncl~ed in yotar bacl~.~p is a descripti~ yr 11 thy':xe h~.ving more options fob .pa.rking. Sa one for cme 11 su~r~.iy from each of the e~i,neerir~ ocmponer~ts, such as 12 versus one for .tv~r. ~ ~ 12 transpoxtati.on, water, and wastewater. Under transportation, 13 The r~asurt of effective area, it Yore is 13 prior to f~.nal plattingr the applicant shall s~mit a T1A to 14 shores that. we're e~cl~adirig the areas outside the sick area. 14 address any ac~liti~tal transportation needs. All ~ 5 Otar code counts or inc~.t~des this area here, both on tap and 15 rightsTof -vuay ded~.cation of non TxDOT roads will be 16 below the sign area. So it would be just this area. l+~at 16 ctrtst~cted ~ the applicant, And wY~t's stern ~ the . 17 they're prsaposing is to exo7.ude this area surrling that 17 lability Plan is v~xit the applicant is proposirx~ to . 18 sign, which is part of our code . 18 constn1ct . 19 ~ Thrs ~ s.d be the last slide. The applicant . 9 Regarding voter, there is an exa.sting 35 ir~h . 2 0 is also proposing tt~t nogprivate yard structure Ice added to 2 ~ along the loop. That source of water wi~.J, be extended alcmg 21 the 10 peaccent maxim~n area. .'T'his is i.n ~:ference to our` 21 ~octl~t. Depending u w the Hills of I~ntcm ~C starts, 2 2 envirarrr~rital s~sitive areas . Pub~.ic and private roads are ~ 2 it may be extended ~ that development . 2 3 added. to the uses axe activities allowed in the Riparian and 2 3 wastewater, similar, the applit is 24 water-related habitats. 24 proposing to develop a treatment plant z'm sorzy, Nat a 2 5 Atxi, lastly, as part Of 5lzbchaptex 2~, 2 5 treatment plant lout, rathex, a wastewater line exte~ 18 2~ 1 double-fronted lots are permitted were our definititm for 1 fxx~ the lift station to the east to the south .part of this 2 tYnrough lots are prr~ibited in our Developm~t Code... 2 prvpezty, approximately 1,200 feet south of this devel~t. 3 Sa that's a lot. That's pretty their 3 This intention is to e~cterd that sewer service Wirth, either 4 proposal for d~riation from our ~I7errton ~1olt Code. ~ on list, again, depei3ding arcs when the Hills of Denton MPC ~ And, again, those are part of your bacla~p under ibit~ 9, I 5 starts ccrostnactica~. It may be extended througt, 'that & believe. 6 develc~rnent. 7 The next part, ~t to SUbohapter 7 i]rainage. The applicant will ooc~aly with all 8 3,7.12.6, before the appraSral of adoption of the applioati~ 8 standax~ and regulatiar~ regu.ired by the t7evelopr~ent Cede. 9 for i~C, the Plat~nirx~ {~mdssi~ shall find. these are ~ Fablic facilities. These are the schcaols, ~.0 the fi.ndirxds that are 1n the cools that vas need t❑ address or ~.0 parks, fryer and law er~orcement. The assessment of the 11. to arsr. does the development prime further the goals of 11 adate facilities, and so forth, is included in Iaaclcup 12 the DentOr] plan? It's staff's f7cS11"15[~'] that ~t sues let me 12 as part of the physical i~rpact arialyS~.Sr wh~.ch was handed out 13 refer to the proposal of the NA~C is consistent with the 13 earlier today. It taZjcs about what is god to be nee~.ed az~ 14 Dentcm plan. 'T'he s+~b~ect property is located within t3~ 14 also how it's going to Tae funded. Arid based on the 15 r`ux~al and neighhortwad centers. Applicant is proposir~ a 1~ information provided by the applicant, it's Staff's 15 cluster of single-family, again, to attain mire saf open ~ 6 deterrttis~tion that they wild. be able to the paroject will ].7 space in those F5A areas. 17 Tae able to fund that future need for other pub3.ic facilities. 18 B, the case oi= the proposed residential 18 T), in the case of the proposed oo~nrercialr 19 dlopr~xit. de~lopment will pnamte con~atihle 19 ir~ustrialr institutic~a}., recreational., 'and other 2 0 buxldix~s and uses and that It wall be cpatzble wx~h the 2 0 -s~clent~al uses or wed-uses, that suo?'i develnt 21 character of the surro►ind~sx~ area. The proposed devel.ot 21 will be appropriate in area locati~ axed overall .plarnzir~g for 2 2 will utilize the standards a.n the code as w+e11 as what is 2 2 the purpose irtezx~ci. We feel that the applicant's 2~ being deviated from. And Staff feels that the derelot ~3 conceptual plan that's ~ the plan r[ outlines the areas for 24 will prate aarpatible buildir~s through those regulations 24 single-famS.ly az~ corm~eroial zs~ir~g, and ttiey~ve placed the 2 5 and star~darc~s. And, additio¢7al.ly, as delopmt occurs 2 5 carrmercial zoning ~ the apprr~pr`iate locations, such as t PLA~G & Z~~N~ REULA~ ~E.~ION $-27-48 . t..:......,.:_, : 21 1 earners of the prirr~ry arterials and secondary aaterials. 1 appreciate that. And I'd like to thank Fri fox his thor~gh 2 vi.ausly, with the platting of the property, it will be ~ ~ pre$entatian. Ida have a presentatiar~, but I think it would 3 little bi.t mare defined as far a$ hpw the clu$teri~ and the 3 be vary reedant toga ths~x~~ it. 4 act~l site d~velaprt pion will look like. 4 i just v~anted to address a couple of things 5 lastly, Fir~g E, that the develcnt is ~ that I heard i.n fn's presentati regardi.zx~, like, our lot 6 fiscally $o~1nc1, as d~nnstrated in the host Impact A~al.yszs, 6 size. Tit we do have a S,~OQ s~rare foot monimma. T~ ~ ~Ild is C~0~]S1St2nt with adapted. policies, ~ ~.r~frastructure 7 7r 00D SCjlldrE'. foot lat slZe 1Il -4 in the ooh, that 8 plans, and acpglicable capital imprr~ve+ment~prrarns, and that 8 applies to developr~ents of two acres or less. Ours is a 9 the Development Flan sets forth the phasing and the plan far 9 little bit bigger than that. So in a typical -4, its a 10 payir~ for Ghe infrastructure and re$pc~sibiliti.es for 1 Q dera$ity~based rlevelcs~ent. And you could actually have lots ~-1 Y ~ Z I of 4, 400 acres . Yau ootald have lots of 14, ooa acres . Xt' s }.2 Included ire your backup, main, there's 12 fwr units per acre. We are at four units per acre, but 13 several doc~m~nts, cme ]owing t Fiscal Impact Analysis. It 13 we're also guaranteeing that the m~.im~m lot sire woltld be 14 autlax~es both vat is to be grated by the d~velc~xnent~ as ~ 14 5, 500 sgEaax~ feet . 15 will as what needs are..going to be rewired an regards to 15 .fin, as $aid, in .thy: code, minimmt 16 public infrastructures ark facilities. 16 house size is 904. We're at 1,800 with the two caveats of 10 1'1 Acaarduzg to the ar3aiysls that's bxozt 17 percent would be ~,OQO, anath~x 1Q percent u~tlld be 2,~~Q. 1 S forward, the canciu$ian is that 'the develaprr~t will be 18 The tree caz~apy ar~i landscaped areas that 19 pYba,d in two phases, five years each. Infrastructure ].9 we've rec~iced, you`ll rerrerr~aer that's xn our single-family. 2 0. utilities will be provided in liaruoe with City codes and ~ 0 So we're really talking about churches a$ they ccxne forward, 2l ordinances. Ate} payment for infrastructure will be the 21 That's really the ~].y other lard u$e. 2 ~ resp~sibility of the project , Again, those are outlined a.n ~ ~ onething i dust noticed, we just ~ticed, ~ 3 the Fiscal Impact Analy$is as vaell as the Development Plan 2 3 too, there are some duplex issues that architectural 2 ~ ~alysa.s . 2 4 standards that we carried through from the Hills of Deng. 2 5 I'd' also lake to add that there is a ~ 5 Hut if you' 11 look tYxxrh our zontrxg uirem~ts, duples 24 I developer's agre~r~nt between the mgerty owr grad the City l aren't germz.tted in this porticm of the de~lc~xrt. So 2 regarding the L'brL9tructi~ amd carpleticn of waste~neter and ~ either we' Xl. eliminate those or we can leave them ].Il became 3 weter. 'That will be prrnrided to the Hills oi= Benton, but ~ 3 they're you, know, they're just not going to be used. T 4 also e<ctended to theHills of Denton Nosh AFC. 4 just warted to point tk~at azt . We just low real quick, ~ ~'Itbat coucltade$ my gres~tati~, 'IY~e 5 ar>d it's a no. So duplexes wcm't even k~e built Mere. I 6 applicant is ire 3s able to answer any c~uestiarxs. P.t 5 ~tzced that when R~ was going thx~augh the code. 7 this time I' d be baggy tD answer ywr questions . 7 Arid a$ said, perking, we Y~ave increased 8 MISSICfl~ WA`~K1~S: Anyone have any $ s oiE the park~.ng standarr~s. Ar7C~, ill, that lot to 9 questions for ? Thank you very much. 9 da with my observatiarrs of a lot ❑f the ADPS that have been 10 Would the applicant acre foz~a,rd. Larry, T'm 10 lxeought for~rd. It's either because of the parking in front 11 going to hurt yvu tonight, 11 of the buildirx~, rare parkirx~ than allowed by code. Sa u~ 1 ~ 14fl4. H~TC'I': Ypu ~ re going to what? 1 ~ increased the arrount of parking that would be allowed, bLtt 13 Ct~iISSI T+~T~IS: 'This sheet says that T l3 al$o ir~reased tk~ amount of :iar~iscapirx~ that's required. Tf 14 have to give you 15 mirn~tes . 14 you park in frr~t o~ the building, there ° s .mare laridscap~.ng 15 Nit. REICEII~RT: I'm nit going to take 15 15 mired in the front of the bt>-ilding, in the parkin lot and 1 ~ rtYirn~tes. Haw is tYxat? ~ 5 as a sc as be " reer~-lx~ rewired. 17 ISSIa ~+~,TKTbiB: dilly? 17 1'he credits far cm-street paxka.ng, as lei 18 P+~, DIRT: After Rc~►' S pre$er~tati~, I 18 rationed. If you have mare credit for on-street parking, l9 d~'t think S nod 15 rnarnutes. 19 yraa have les$ parking required on-site, sa that's a goad 2 0 harry ~eir~aart, Springbrook Flarmir~g gaup, 2 0 thing . We ~ re getting credit far v~iat' $ tit there, less ~ 1 24Q5 Musta~ Drive an ~ 1 pav~nentr again. 22 And before 7 start, I just w~ated to tY~anJ~ ~2 Tk~e roads ark, the inter k~abitat, that's 23 Staff far all their hard work, especial~.y in the last few 23 something that's right ~v rat allowed in the code. Arri as 2 4 days . We've rea~.ly been crunchzng sane r~.m~er$ and doing 2 4 ion mentior~d, again, all the roads major toads 25 Satre stuff, and they've really been world with us. And I 25 identified, Ec¢~ie Brae ar~d arch that are cuttir~ PLAN~T~N & ~~NING SECULAR ESI~N 8~27~0$ i 25 27 1 ~ our site, are already ~ the Nkability PJ.an. They're I activities or to overcare specific d?sac~antages of 2 ~tttirag tt~z water-related ~iabitat. It's not permitted. 2 t~aography and orientatio~t. So we're t ~~9 to rn4r~imize 3 So we just ide~itify that. It;s like ~~re just cvttirg 3 w}~ere we have double-fronted iota, but we think we might need 4 roads ~ a w~ter~related habitat. We need to have roads 4 to have them. 5 t}~ there, there's a percentage that can't 5 The alternative is to have Bau~ie Brae and 6 increase by. I think it's 10 percent of the water related 6 then have a fr~tage road, And, yrn~ know, we've seen t3wse 7 habitat area. If we go avez that, .we'd Yravvs to ca.back 7 cases where it really don't work very well. The other S thriaugh and say ~ we're doing it. So that~s the reason we 8 altex~aative that we have that we will also investigate is to 9 had t~o put that in there:. 9 have alleys. That also works. x`e.you don't have access 10 'I'he double-fronted lots, yes, we're dairu~ ~ 10 and then you taave an alle~r. 1 i that, .but that is adjacent to those major arterials. 'The 11 So w2 l~v~e either whit will happen a.s 1 ~ lots have to be at least 10~ foot deep. Ate, again, th,~xe 1 ~ you' 11 either ham the double-fronts lot or you' 11 have an 13 was a reas~ we did those things. 13 alley, typically, as used to the extra roadu~y. But vac 14 And we believe t quality that we're 1 ~ wanted to have it as an option in those circumstances, . 15 b forte, lot sites, minimum house sizes, the ~sanry 15 whether it's topography or adjacent to that major arterial, 16 requirts tY~at v~e've talked a~xrut, c space, and 16 to start your subdivision roads, sa that's why it's in there. 17 everythi~ that we identified, the infrastructure, bsr~efits 17 C~+MI55iC~ ~ZNS: Yes. . 18 to the City we have a vezy good. that we're brirgir,~ 18 +Q5SIG~k L,EIC~+1: Thank you, Mr. 19 forward. And I' d happy to answer any questions that yc~u 19 ~iairman. 2 b have. ~ 0 ~ 1 an Item BTO. 8 here, v~iere it says all ~ 1 BSI i+~S: QuestXOns? Yes. 21 fa~cad,es, sxcluo3ing a. front fdoade Mich faces public or . ~ 2 2 CO~IISSICI~t AEA: I d~m't 3~ave a ~ 2 private right-of-ways, excluding alleys, must certain at ~3 question, butt a co~m~nt, because the clarifications tYrat you 23 least 1~ percent of the wall space where the IBC requires 25 2 4 answered the questions that I had ernir~g lot sine ~ 4 peroent, was that the same as the xi.lls of Dente? ~ 5 and minimum. And that X11 sands to the gQOd. So thank you. ~ 5 P+r2. REIQ~,RT: Yes, zt would k~e. Pxx~ that 25 ~8 1 1~t. ~7EIQ~,FtT: '1fia~sk you. ~ zs again, that is a residential. ~ believe that's a 2 COSSI dlr. ichhart, 2 single family. I'm tryir~ to look real ~ for that cam. 3 everythvig that you put forth is nothing that we haven't seen 3 I meant to rr~enticn that [me, too. Oh, you, krx~w what? As a 4 over the last LL- gosh., has it been a year? 4 matter of fact, that one, if I'm ~t mistaken carless I 5 MR. IC,RT: It's been a while. But a lot 5 have a typo, ark I very well might, and Ron might be able to 5 cf it you saw with the Hi~.ls of Dent, too. 6 clarify I have it higYilighted. And it rnic~t 1~ related to 7 OCISI ~y anl.y question is and 7 duplexes, I don't kr~ra if you can clarify. 8 the only real change I see is ~ these dwble~fronted lots. 8 ~I~4: 'Ilaat was not pant of the ~ Could you expa~~ on that just a little bit? 9 original dills 10 ~E~Q~IiART: Bore. Within the develaixrent 10 MR, ~E~Q~IART: it wasn't? Qkay, 11 srndaxds portion of the regulations it's near the L't'~Clc 11 Ol'+IIS~IC~R Okay. So why the big 12 the p~.roposed staru3arrls arx~ there's something in the c 12 difference there? T'rn just ou~ric~s, ~t was ~5 percent 13 that talks about double-fronted lots ox thrwgY~-lots that 13 origina~.ly. 14 aren't permitted. And you'll see a lot of sUbd,iviSiC~ns that 14 fit. iC~RT: W'e have anythi~x~ facing tY~ 15 yr' 1~, see lots backir~ up to and r' 11 just do a 15 front facade is 2~ percent . 16 fictitious street, whethex we call it Barrie Brae. So you 16 ClISSI 'ICI: Okay, 17 have care Rots backing up to that Bonnie Bras, and then 17 1. RETC~3ART: bet's see. Oh, so, 18 yam' 11 have another Stmt in front of it , That r s called a 18 basically, we're saying ~5 percent on the main structure if 19 through-lot. Yau gave a ~aC~ on the 17aC~ and a mad on the 19 it's a corder lot; ID percent on the side structure is mat 2 0 front , 2 0 we're say~q . 21 ~l w#~at we've said is that you can have 21 'IISSIC~lZ k~GC~'I~I: Okay. That makes 2 ~ that.. 3'hat that w~3d he allowa3ale. end along with that, 2 2 sew. . 23 'the double-fronted tots shall be avoided except ore 23 1►~t. REEI~~': T~iat's what we're sayirxg. I 24 essential to provide separatx~ of residential develnts 24 had to rid that again. 2 5 from ~rajor traffic arteries or ~djaoent ,residential 2 5 CITSSI i~~+15: Ar~y other questions? FLAN~TN Z~~T~N~ R~~~'LAR 8-27-0 1 ( jab, 1 MR. NEILT: Okay. I~o~v, additic~,a].~.y, the ~ N~, REIQ'f: All eegt that last ice. ~ second question that z had was that i~ the initial e1 3 And I'll rex'8ad that to m sure I ~iad, that right . 3 r~c7t been specifically zoned, are we rezar~~g scrnethir~ to 4 C+flSSIC SINS : This is a public 4 be included in it r the 1? acres? Are we di.va.dir~ something 5 hearir~. Are tlxere other speskers? T only ~ this one ~5 t3aat n rat be div~.ded? In Item ~ it says rezarrirx~ of 5 card. Is tYaene any that wishes to spk for this ~ ~r~rr~ritely 17.14 aox~es, so that would imply bezr~ zoned 7 petition? Anyone eZ that wants to speak for the petition? 7 fxarn something to somethir~ else. $ Okay. Against the petitiarl? I have Dense 8 CiISSIC~2 T+~tAdS: Ron, could volt shed 9 ~aerhardt. 9 sam4 light an it? i 7.0 MS. Hi. l'm Denise Erhardt, 10 MR. M~NGLTFTA: I'll. answer that cfaestian. 1 and I live a~at ors 682 G~zex Road, Dur prr,~pext~ doesn't 11 The anginal anna~aticm was for 4$4 acresr which is ~ l2 cluui.te toazoh this -development, but we are affected by the 12 o~nsister~t, pretty much, from this ~rtior~ The 17 acres . 13 clevelap[r~erat, as are Pretty much all the paaple aver here an 13 that you' ze refs to is alcmg Foc~ust, v~aich was rat part 14 tftis side. 14 of the atmexatiar~ axrd it is c~u`rently wither the city. And 15 we cux`x~ently have d twa,l.arse ~rraad that s J.5 what the applicant is proposing to do is include both the 484 16 out to oux lmuse to our homes, which are all dead-et~d 1 b and the 17 acres, roughly, as a new zoning, v~ich is the 17 streets. And they're proposes with the DeutC~. Mobility Ply 17 Hills of U~ita~7 North MPC. It u't part of the arn,~~atiaz, 8 this four-lane divided highv~y that "s goir~ to cam right ula l 8 the 17 acres . 19 past our streets. As far as we know as fax as we were 19 1~. ILi: Okay. I understand. Pad ore 2 0 told, the Mobility Plan leas not been finalized. And now 2 0 other small question. I noticed in tk~e m here that tare ~ 1 we're hearing . tonight that it. has begin finalized. And wa 21 is a small piece ~f lam south of ~iilam l~aad tit' s 2 2 haven't been notified of that, az~d mast of us are very 2 ~ included. I wonder why that wed r be ino~uded? Ts there ~ 3 ooncerr~ed abut that aue tv the increase in traffic coaurx~ ~ ~ any particular reasc~,? . ~ 4 past our .homes, So that's what we're hem for, ~ 4 1~. IA'R~IAM: Zf I'm not mistaken, that 2 5 CIIS~IO .T+~,T'~Il~iS: Sa you're not really 2 S parcel. is not currently owned by the appl.ioant, That's an 3D 3Z 1 agaiz>$t the develop►t~ent; you're against the fact that this 1 autRparcel that's o~urrently serving as.a resid~xrtial lot, So 2 NLS. CDT: ~Ie're aar~cerr~ abet the 2 we're .ply addressing the property that's c~+med bPy the . 3 roads, ~mstly. 3 app~.ioant, 4 C~ISIC~iER ir~A'~fC$: lability Plan is 4 Nkt. 1+~EIL~1: Dkay. And a final question. 5 goir~ to affect yam' S Then the lot size that would be apgl~icahle to the entire 6 MS. ~I': Yes, sir. ~ developrtrent wv~d be apgr~i.~tely 6, 54D ~ feet? 7 IISSIt 1+~ATftIlJS: Okay. ~ ~u very 7 Mft, C~1: There will be varied lot 8 mach. 8 sizes. And Fatty car step farwerd and tell you exactly what 9 Is there arse else that wishes to speak 9 the lot sizes are. But there will be a range of lot sizes. l.0 against this? Please fortiuard. Give your name and 1~ They all will be the same lot size. 11 address, sir. 11 P+~, l~IEEILT: Okay. 'Thank you very mzch. 12 Y~,2. NEIL: My name is Willman Neilsc~. 12 CI~MISSIO~Et WATlCIldS: ThaX~k ~ . . you very mach. 13 I'm neither for nor aga~i.nst. I dust would like to e a fear 13 Okay, Is there anyone else vet wishes to 1 ~ questi.ons that catre to mind. 14 speak against? Please care forward and .gi.ve your nan7e ar3d 15 OZSSIC~R FIATK~TS: Dksy. 15 address. 16 MR. AIEIF As Z t~,s x~ading in par'agraPh 16 MR. 1ST: My naar►e is dames west, and I live 17 initial zg of aplarraxtm~ltely 484. Has that parcel, 17 at 7D07 ~aanZer Road. ~.8 irrieed, been zoned? 18 Pocking dt this here, this iS the prrr_y l9 lit. ARAB: 1~pOn ermexaticm, the perry is I9 that l ~.iv~e right here, It's been in ~r family since 2 ~ treated as hay an RD~5 desig~tio¢t, but that does n~ ~ ~ before 1 was bom. ~ My dad -lgt~t it a ~1A loan after 21 constitute z~onu~g. The reason for that is that the City's 2 i ser~rir~ in World War iI . ~tthority to implem~t zozxu7cj cxx~ties only once the property is 22 I waul,d like to say to the de~velcrper and I . 2 3 inside the city limits, and then yet have to give the proper 2 3 mean r~ ani~msity, si.r but youx Hills of Denton are the ~ 4 notice and pu~alic hearings . So v~,at `s before the P&Z to¢~ic~ht 2 4 hills that I've gazed aver all my life. zt's a very pristine 25 is a reco~rr~endaticm ~ the initial zonirx~ for the pz~erty, 25 area, ar~d has been fox yeaxs. And I'm not apposed to P~,ANN~NG & ~ONIN ~EC~TL~R S ~ ~ I ~N $ - ~ ? - ~ 8 33 35 progress. And I know that there's na why that we can stand 1 ~ the ability part of it. I thi_talc Lary marationed that 2 i.n the wey of progress, and things are S~ to ha~er►, and 2 park of that is in the County. 3 that it will eventually kae deve7.op~ed. And tk~at's 3 NIl~. Ri.ght. 4 understarle. I know that. ~y livid is made in the 4 ~SSIC~ ~S: And tlxey are the o~aes 5 c~crostructiori ia~ustry, so ~ depend ~ it . i depend ~ 5 respo~isible far putting the road ~1, because this won't . 5 Progress. it's Hat that T'm necessarily apposed to it, 5 start tarorrr~+r ar ~ next year. 7 }xzt I dQ have sate quest~rn7s . '7 l++Il~. W~SI': I understand that . Like I sold, r 8 ~SSIC~i~Eft 4~,~'~CIl~TS: Aare. 8 ~.iv~ad there before TI ever aotrie alc, before 2'88 wes ever ~ 1~. i++~i': Dn this sheet that Z ~]av8 here, I 9 put there or anytt~ng else. My mein tern is being sorr~cne 14 see a 200 foot and a 54D foot buffer. Never had an X 0 w~io's lived there his wile life and never I~aown life wit.t ea~lanati~ as to what than rr~ns. Eat it approaches 5Q0 11 that property and without what is there is that no resicieazces 12 foot on our property. 12 that's been there is affected by this, as far as adversely 13 CL~+MISSIR ~4TlCINS: That's natificatian, 13 affected, with property being taken ar x~aads ~mning across. 14 The people in the 20~ foot dist~ace get a registered letter. l4 5o I'm a realist. ~ work in the c~astructiarr ~.5 The. ors within 5'00 feet, .tai it's seat to the address of ~.ndustry. I )maw progress wi,],1 happen. Nat apposed to it as ~.6 the o~ner. 15 Icng as it's die right, proper, Icy the law and by ordinances 17 ice. WESZ`: So.there will ~ absolutely na 17 that things axe kept in order. Fecause z've also seen by i. 18 ~ or no restrictions, r~eur restrictiars ar 18 w~rkir~ in the c~astruoti~a industry ~fiere v~iile there are 19 anything, other than already exists the county? 19 ardinar~ces and th,irxgs like that to apse certain people, ~ O ~SSIC T+~.3'FtIriB: I hope nom. 2 D that things v~ren't geld tv stan~,rd all the vaay through. ~ 1 dell f z reef either. 21 I ask you that as a City Cci1 and as a 2 2 1~. C[t+~1IlN1; That is correct . Those 2 2 tov~r that I was bawl in I S bawl in Flow Imrial 2 3 lures junk indicate i]atificatioa~ bau~idaries. 2 3 Hospital cm Scripture Street, v~iCh doESn't even exist z 4 I++~. WE`5T: Natificati~? Okay. Because ~.t 2 4 anyrmre, Z went through Anton elementary school, juraioar . 2 5 was never. really ea~lai,zred in . origit~l letter that we 2 5 high, high school, all of it., and I live here and I love this 34 36 1 got as to what those buffers were. zt just said buffer. Prrd 1 town -W ~ ask yoiz, the pity Corar~cil, and all those ~n the 2 it did explain ~n the letter that anyone within 500 or w~,thin 2 future City C~OUtrci7.s, please make sure that ever star~a~i i$ 3 200 fact got ratified, but it didn't say on the m vat it 3 held ta. 7k you. 4 was. Sa we were confused. Various of us was a~ktr~, vairat is 4 ++fISSICflVE~ WA'IICINS: Thank you. Is there 5 this? Does this i~ara we can't ptat a shed far our cows ar can ~ a~ayane else that wishes to speak against? Please b we Hat do this or can we Hat do that in that paxtzcular area's ~ forward and give year Haire and address. 7 C1~: ~ 1aw we'r'e required to 7 Yes. As vas painted out Icy our dirtar, we 8 notify every~e that lives within X40 feet. City takes 8 are not the City Ccrur~il of the City 'of lto¢l. We're the 9 an extra step and dies a anaztesy notice for evex~rone that's 9 plann;r,g Carmissiasa, and we're appointed rather than elected 10 within 5QQ feet. 10 and have na authority to force those 1 1++Il~ . W~5'i' : Right . 11 I' m sorry. ahead . l2 CSITSSICfl~R j^~.'IC.TNS: Thank you for asking, 12 ~ ~T: Sir, my nat~ is David 13 because if yotz didn't ask, then you wouldn't knave and a lot l3 Gerhardt. I live at 6829 Gamer Road East. And I would 14 of other psop7.e wouldn't know. 14 just like to clarify. Mr. I~er~uita stated that the lubbi~~.a.ty 15 Wk~'I': Right. 15 Plan was set far area. At7d I would just lute to get a . 16 C+MiSSI ir~Tl~.dS; A~ we certain~.y don't 16 clari.ficatic~t as to what earaotly our IUbbility Plan i.s for 1 ? mind it . 1 ? Ganzer~Milat~ Rs~ad. 18 MR: WEST: I dust needed that clarified as to 18 CMISSICNER ~S: Okay. R~r, pea±ha~ps, 9 what it was . And ~ ]maw there's other concerns as far as the 19 cdn help us with that . Has it he~sr decided? 2 ~ roadways and mss, and we' 11 have to v~rk that out as w~ ga 2 p N~'IA: Pack zza 2006, the M~hility 21 alcmg as fax as the Nobility Plan goes. I've already' bey to 21 Plan did pass, and it cues show this alzgrbt~nt. I can 2 2 several meetings over that . 2 2 provide you with a Nkability Plan map if you'd Zike to visit 2 3 f17NMISS2 STS: Have ? 2 3 try. 24 NIl~. i~SI': Yes, Yes. 24 Pte. Sir, this specifically does 2 5 SSIC~ WAIS: i~ell, I just wandered 2 5 not address Gamer Road, so I would like clarzficatiarl as to ~1~1~~~1R fly ~1~~~~~ ~~~~-M~ T~ ~ ~ i I i .,....r ~7 39 where G~nzer is going to go .with this rxew development . ~ MR..I+'~1V~nTA:. This right here is~ I believe, 2 . ~ .the roadway. This.. jz~t shows.a portiar~ of. it, Tt externs 3 . 4 ~ £~rther south. 4 5 DRAkLE: I'[~► :,orry. I dart't mean to get ~ 5 6 i~ the wey of giving infor~tation out, but we da have an 6 7 es~da and li.ance req~zz.rements of the Ts Open Nieetaxx~s 7 .B Wit. A~ I have to ca~xtion the C~►r~issian abut goix~ 8 9 aatside the P~enda ixrta areas that axe w~related to this 9 Y 0 zor~rg applacatzon, You k~w., ~xta~,ly, know, Staff C~11 ~ ~ ~ pxoVide th18 g.leman with informatica~ alert the 1 ~,2 txamsportation system privately or, knave, even as far i2 13 as infoxm~.ticn. ~t as fax' as gettir~ auto a discussion of 13 1 ~ mat it shQUld be or what it shQlt].d over or v~tat have yt~u, I 14 15 just wanted to po~.nt tY3at out . 1 ~ 16 SSI WAT~+I: Okay. ~Iery good. 15 ~.7 M~. ~'I': Thank yr~a, sir. May'I ask 17 18 ~e~y ~ mere you are ark how you were appointed, sir? 1$ . 19 N~:. 1~: I'm not appointed, sir. I ~m 19 . i 2 4 ASS1stdllt .City Attorney fox' the City Of Dentcrri. P so I ~ D . 2 havve to advise the P]:atu~~g .arid Zonir~ C~nmissi~. about wk~at 21 . 2 2 their. limits are fir. the ~.avr acrd hove goir~ into this area ~ 2 2 3 c~auld possibly ca~stitute a violation of the ~'e~rae Open 2 3 2 4 Meetings Act . It = s nothing against yo<z perso~raily. 2 4 2 5 MR. ~ : 7.7aank you. ~ 5 38 ~ 40 I. ~SSIC~R i~P,TKIlVS : Ar~ycne else that would l . 2 like to speak against this item? Anyone like to speak for 2 3 the item? 3 ~ O}cay. we'll close the.PUblic Hearing then. 4 5 D1SCUSSI~I1? ~ ~ CC]NNQSSIC~R Mr, Q~iz~nan, ba,~ed 6 7 what we've seen aver the past several months, the fact 7 8 that there's rally not any major questions left tmdOrae, I 8 . 9 wou.~.d like to trove approval of this, of course, based upon 9 10 the fact that T feel that it meets the criteria that's set up 1 ~ 11 in the I believe it's five ccmditidns in the find rigs. ~.1 12 OSSIC~R 4~5~:. The f;~;~s? A~,1 12 Z 3 r%~t • 13 14 MISSIC~R S(~~: I secor~.. 14 15 ClTSSIE2 {Il~: 1 have d motion by ~`ay 1 ~ 15 mhts . 16 17 ~MISSICE2 9C~iAF~~ : I second. 17 18. Q]~MISI2 WAT!{INS: Ark I have a ~ to 18 19 that rmtion. Please vote an the board. 1 g . 2~0 It passes ~ to D . Thank you veary mech. ~ Q . 21 21 22 22 23 ~3 24 ~q 2~ ~5 P~~T~~ ~ ~ONIN~ R~TT.~AR S~T~N $-27-~5 i s~lo~r ~ocumentslordinanc~sl~SlmpcO?-0~~3 ver 2.d~c ORDINANCE NO. AN ORDINANOE OF THE CITY OF DENTON, TEAS, FROVIDINr THE INiTL~L ~ONIN OF APPROJMATELY 454.84 ACRES OF LAND TO THE HILLS ~ OF DENTON NORTH MASTER PLANNED COMMUNITY SHILLS DENTON NORTH MPS} ~ONIN DISTRICT, AND THE REZONING OF APPROIMATEIIY 17.14 ACRES OF LAND FROM NEIGHBORHOOD RESIDENTIAL ~ ~NR-~~ ~ONINC DISTRJCT TO THE HILLS OF DENTON NORT~I NIp BONING DISTRICT, LOCATED BEST OF LOCUST STREET AND SOUTH OF MILAM ROAD; FRO~IDINC FOR A PENALTY IN THE MAXIl4~LTl1~ AMOUNT OF 2,~O~.a~ FOR VIOLATIONS THEREOF; AND PROIDIl~C FOR SEVERABILITY, SUBORDINA~'ION AND AN EFFECTIVE DATE. ~MP~7-aka} WHEREAS, 2~~~ Milrn East Partners LP has applied far the in~t~al zoning of approxin~ateiy 454.84 acres of land to the H111s of Denton North Master Planned Con~nunlty Ii11s of Denton North MSC} zoning district, and the ~ezoning of approximately 17.14 acres of land from Neighborhood Residential ~ zoning district to the Hills of Denton North MPC zoning district; aid WHEREAS, an October 17, 2~~0~, the City Council adapted an ordinance amending a pardon of subchapter ~.7 and ~.2~ of the Dentan Development Code pertaining to Master Planned Communities; and WHEREAS, on June 17, the City Council adapted ordinance to voluntarily annex approximately 484.84 acres into the City of Denton. The 484.54 acres is paxt of the 51.98 acres proposed as the Hi11s ofDenton North MPC; and HEREA, an August ~7, ~~~5, the Planning and honing Cornxnission concluded a public hearing as required by 1a, and recanHnended approval of the requested initial zoning and zoning change, a further conditioned by them; and WHEREAS, the City Council finds that the change is consistent with the Denton Flan and the Development Dade, spect~cally including thane findings set Earth at ~35.7.1~.~; THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I . The fndxngs and recitations contained in the preamble of this ordinance are incorporated herein by reference, and found to be true. SEOTION The zvnna,g district classification and use designation for approxlrntel~ X01.98 acres of land described in Exhibit attached hereto and incorporated herein, the "Property"~, is hereby given an initial zoning of the Hills of Dentan North. MI'C zoning district for approximately 484.84 acres of land and hereby also changes approximately 17.14 acres of land from Neighborhood Residential 2 ~NR-~} zoning district to the Hills of Denton North MPC zoning district. i s.lour dac~ments~~rdYnance~l~$~m~c07-{~~43 ver ~,~oc ETI~N 3. The develapn~ent of the Dills of Denton North M.P shall be in accordance with the regulations and standards n~adified or excepted by the Hills of Denton North MPS as particulaxly described in the honing Document and Develapn~ent standards Document attached hereto and incorporated herein as Exhibit "A", and shall be in corr~pliance with the Development Plan Map and Phasing Plan attached hereto, and incorporated herein, a Exhibit hi addition, the Hills of Denton North MPS shall provide far planning of Denton Independent chaol District ~DYD~ schools in accordance with DIED guidelines, and in accordance with the note set forth ors the Develapm.ent Plan Map. All other provisions of chapter ~ not specifically excepted by the Hills of Denton North MPC shall rerriain in full farce and effect. ~ampliance with Denton~s Neighborhood Parr ordinance, being chapter Article ~~I of the bode of ~rdinanee of the pity of Denton, as nay be amended franc time, to time is specifically required. No subdivision of the Hills of Denton North MPS by rrzetes and bounds or plat, including by conveyance plat is permitted. Notwithstanding the move real property description, the property being coned and rezoned includes all property to the centerline of all add acent street rightswof~way. ETI~N 4. The pity's official ~o~ing neap is amended to show the change in caning district classl#ication and Use des~gnat~an, and the Developrner~t Plan Map and Phasing Plan for the Hills of Denton MPS, attached hereto anal incorporated collectively herein as Exhibit "C", are hereby approved. ET~~N' S. If any provision of this ordinance ar the application thereof to any person or ei~rcurnstance is held invalid by any court, .such invalidity shall not affect the validity of the provisions or appl~cat~ans, and to this end the p~ravlsions of this ordinance are severable. ETI~N The terms of this ~rdi.nance are subordinate to any other ordinance of the pity of Denton, and any conflicts are intended to be resolved in favor of the other ordinance, . unless such conflicting provisions are specified and expressly excepted by this ~rdrnance. ET~~N 7. Any person violating any prevision of this ordinance shall, upon conviction, be fined a sum not exceeding 2,~~~.~0. Each day that provision of this ordinance i violated shall constitute a separate and distinct offense. ETION 8. This ordinance shall becorr~e effective. fourteen ~ I4} days frorn the date of Its passage, and the pity secretary is hereby directed to cause the caption of this ardna.ance to be published Mice in the Deiatan ~ecard-~hranicle, a daily newspaper published in the pity of Denton, Texas, within ten ~ 1 days of the date of its passage. . PAED AND APPROVED this the day of ; 2~~~. 1VlARI~ A. BURRaUH , MAYOR s:l~~r ~ocurnentslordinanc1~81t~pc~7-Oa03 v~r 2.dac AfiT~~T: J~NNIF'E~ ALT~~, CITY E~ETARY B~: APP~~~ED ~ TO LAL FARM: ANITA ~URC~E ~T~ ATT~RN~Y 3 1 ~r JJ ' ~ d 1 x~~bxt ~ ~ ~ ~ general Nate: Except as clearly and specifically stated herein tl~e provisions of this document are subordinate to all ordinances of general application in the pity of Denton, Texas, The provlsrons of this document do not mod1fy or amend any ordnance of the City of Denton, and have no applicahillty v~hatsoever outside the Hills of Denton North 1VIP, The terms of this document serve as limited exceptions to the general zoning standards of the pity of Denton, only to the lirnitod extent speci~.ed herein, and are intended to be construed narrowly and restrictively. Any stated exceptions to speci~~c sections of any ordinance or land use standard shall apply only to the limited extent necessary to achieve the stated exception, and all other requirements of such cited provisions that are not speci~zcally excepted shall continue to apply in full force and effect v~ithin the Hills of Denton North MPS, ~xhib~~ "A" page ~ ~ C~nt~ those uses fisted ~n the tables belov~ sha11 be permitted in each phase of the Hills of De~tan North VIP de~eloprnent i~ the areas so designated on the Development Play dap. F S1ngle ~`ai~ Res~dent~al ~ anlerclal Permitted use Tale: ~es~~entiai Laid Use date cries ~ A riculture HL 1 ~ HL t ~ Livestock H L 2 N Sin le Famil Duve[[in P N Accesso Dwellin Units SUP ~ ~ ~ HL 1 Attached Sin le Famil Dwellin s SUP IV Duvellir~ s Above businesses N IV Live~vl~ark Units N ~ Du lexes N IV Gommunit Homes Foy the Disabled P P Grow Homes N N Multi-Famil Duirellin s N IV Manufactured Housin Deve[o menu N ['V P = Permi~#ed, N =Not Permitted, SUP =Specific Use Permit Required, L(X} ~ Limited a defined on page 4 of this section E~~11~1t cc~~: - Commer~iai ~Jses F Home Occu ation P N Sales of Product iron an Site N P Hotels N P Motels N P Bed and Breakfast N P Retail Sales and Service N P Movie Theaters N SUP Restaurant or Private Club N P Drive-throw h Facilit N P Professional Services and office N P quick Vehicle ervicin N P Vehicle Re air N P Auto and RV Sales N ~ P Laund Facilities N ~ P E uestrian Facilities SUP N outdoor Recreation P P Indoor Recreation P P Ma'or Event Entertainment N SUP Commercial Parkin Lats N P Administrative or Research Faoilit N P Broadcastin of Production Stadia N P Sexuall Oriented Business N N Tem orar Uses HL HL 9 I~dutriaX hand T~se Cate Dries F Printin I Publishin N P Bakeries N P Manufacture of Non~odoriferous Foods N N Feed Lots N N Food Pracessin N N Li ht Manufacturin N N Hey Manufacturin N N Wholesale Sales N N vl~holesale Nurseries HL 1 ~ HL ~ 2 Distribution Center N N I~Uholesale Story a and Distribution N N Self-service Stara e N N Construction Materials Sales N N Junk Yards and Auto 11Ureckin N N Kennels N N Veterinary Clinics N P Sanitary Landfills, Commercial N ~ Incinerators, Transfer Station has v~lells SUP SUP. HL S HL 8 P - Permitted, N =Nat Permitted, SUP = Speeif~c Use Permit Re~~iredT L ~ = Limited as defined on a e ~ of this section Exhi~~t "A" Page - 4 I ~nstitutY~na~ Land Use date ores SF C Basic Utilities HL ~ SUP . Ccmr~unit services N P Parks and ~ en aee P P Churches P P semi- uhlicr Halls, luhs and Lad es SUP P Business 1 Trade ~chaol N P Adult ar Child Da Care SUP P Kinder ~rten, Elementer school P N Middle chaol P N Hi h chaos N N Calle es N P Has itel N N Eiderl Housin N N Medical Centers N P Cemeteries N N Mortuaries N P ~.~.5, sha~~ be excepted to provide the follo~vi~. additional ~imitat~ons ~vrth res ect t~ the P coning ~assifcations anal use designations defined b~ thYS document: HL{1} =Accessary dwelling units are permitted, subject to the following additional criteria 1. The proposal must conform to the overall max~n~um lot coverage and setback requirements of the . ~istr ict. The n~iniurn nurriber of accessary duelling units shall not exceed 1 per lot. ~ . The axirnurn grass habitable Haar area ~HpA~ of the accessory residential structure shall nvt exceed 5~% of the A of the primary residence on the lot. 4, One additional parking space shall be pxavided that canfarrns to the off street parking provision of the ~entan Develapn~ent Code. HL{2} = L~m~ted to two animals an parcels vne ~ ~ ~ to three~~~ acres 1n size, Additional an~ma~s naay be added at a rate of one per each acre over three. HL~3~ =Purposely left blank HL~4} = Purposely Ieft blank HL~S~ =Purposely left blare I~L~~} = Purrposely lei blank . HL~7} = tf propose use is within 2~o feet a~ a resldent~al zone, approval is subject to a Specific Llse permit . HL~S} = Must can~ply with the provisions of 35.22 of the 1]enton Development Cade, Cos e11 Drilling . and Production. HL~9~ =Must meet the requirements of ~ ~ 5.12.9 ~f the Denton Development Code, Temporary Uses. i HL~ 1 = Lfmlted to a ~naxlmum density of 12 units per acre, HL~ 11 } = Per~,i.tted an undeveloped parcels or future phases ofmulti-phased developments. Craps such as hay or row crops are permitted, Livestock shall be limited to tracts of ~ acres or larger. HL~ 12} = Allowed as a ternparary, non-retail use benefiting the Hills of Denton North development. exhibit "A"page - 5 ~~e~~ m~~ ~~~.drd D~~ n~ u eat enerr date: except a clearly and specifieal~y stated herein, the provisions of this document are subordinate to all ordinances of general application in the fit of Denton, Texas. The Y provisions of this document do not modify or amend any ordinance of the pity of Denton, and have no applioahility ~rhatsoever outside the Mills of Denton North. MPS. Thy terns of this document sere as l~rnited exceptions to the general developnler~t standards of .the City of Denton, only to the limited extent specified herein, and are intended to be construed narrov~ly and restrictively. any stated exceptions to speci.c sections of any ordinance or design standard shall apply only to the limited extent necessary to achieve the stated exc tion, and all other requirement of such cited provisions that are not specifically excepted shall continue to apply in Bill force and effect within the Hills of Denton No~.h MPS. Exhibit "A"page - ~ i L~.dscpe n~ Tree ~.o a uireme~t~: ~ ~ Landscape and tree canape requirements shali campy with. ~35.1~.7.B of .e I~entan f7evelop~nent bode wit, tie following e~ceptian: Hilly of ~lentan North Landscape aid Tree canopy Require.ent~ Percen percent Tree Dill of Denton Districts ~ Landsc Canopy ape Area ~avera e F dingle Fa~rzxly Residential 34°Io 4~°Ia on~nercial ~~°/o ~ 3~°Io street Tree equ~remen~s: ~,1.7.,3.a,i.a, shail be excepted to also the ~oliav~i~: A. n~inirr~urn of one ~1~ tree per lot far developments with spacing nat to exceed 6~ feet on center. ~.~3.7.~,3.a.i.~. shall be excepted ~n its entirety from appiication in this deveiopment. ~xh~b~~ "A"Page - 7 .cep, Perkin end ~r~~~.t~~n Re ~~~r~~nts: §~.13.~O.B.~.c, shall be excepted to alln~v the falio~a; surface parki~.g lots with greater than 1 ~ parking spaces ar more shall: i. e divided into separate areas landscaped areas ar walkways at least i ~ Feet ~ width, ar by a building or group afbuildings. lI. Prav~de adequate pedestrian C1~`CUlatlon wlth~n file site, Pedestrian walkways shall be directly linked to entrances and the internal circulation of the buildings}, iii. A raised walkway, of a inirnun~ un-obstxuctive width. of 5 feet, shall be installed through parking areas for developments involving a gross floor area rn excess of 40,~~o square feet. ~~,~.10.B.~.d. shall be excepted to allow the folio~ving: Permeable paving is not required for thane surface parking spaces that exceed the number of parking spaces required. For each additional parking space that exceeds the number of parking spaces required; i. 1 sq ft of parking lot tree campy above and be and the miza~i~.um re aired, or ii. i ~~I~ of additional parking lot open space shall be provided in the parking lot, or iii. Permeable paving, or iv. The equivalent amount of open space ~i,e. 1,~~~ sq, ft, excess parking = 1,00 excess open space above and beyond rninimu required} shall be prodded within l ~0' ofthe parking tat, or v. Any combination of the above. §5.~.~O,B, shall be excepted to add the fallaw~n additional standard in the dills of Denton North 1V~P~: Parking structures. Parking structures skull require a naval of an Alternative ~evelo merit pP p Plan meeting the criteria of subchapter 35.t~.5, along with an. additional f~u.ding that the proposed architectural elevation is appropriate for the character of the area. .~3.10.~.~. sha~~ be excepted as fo~iaws: Any one or cornbxnatYOn of the following shall be used. ~'hese requirements are to addition to the street tree requ~ren~ents. §.1~.~O.',~.c. shall excepted to apply tb~e ~o~lowing additional standard in the ~ixis of Denton North NIPS; A foot high berm with a maxin~un~ on 1 side slopes, planted with one large tree far every 40 linear feet, except along areas where parking in front of buildings is permitted. i i x.13,1 a,.. shall be excepted to allow the fo~iawing: Parking between the bmld~n and the street rs permitted 1n the om~nerc~al dxstan.ct, provided: a. That e perimeter parking is screened by any one or any co~nhinatian of the follawin g i. A. 3 " high masonry wall, or Exhibit "A"Page - 8 ii. ~ rninirnu~n ~S" high tubular steed 1 wrought Iran style fence with masonry co~umr~s evenly spaced approxi.ately 4~' on center, yr iii. Z5' wide landscape buffer with a n~xni~nu 4~" high bean with 1 on 4 n~ximu~n side slopes. Landscape area must contain one large tree far every 4~ linear feet, That the parking area between the building and the street shall receive: i. additional 5°Io tree canopy above and beyond the 1~°Io required {far a tatal of ZO°Io}. Additional canopy coverage cannot be credited towards other canopy requirements; ii. additional 3°Io open space above and beyond the '~~Io required {for a. total of la°Io}. Additional open space cannot be credited towards other open space requirements; and iii. Parking lots sh~.ll provide interior planting islands between parking spaces at an average of every 1 D parking spaces to avoid fang rows of parked cars. The planting islands shall be minimum of 15~ square feet and be protected by a ~-inch high curb on all sides and a 12-inch wide concrete step-off axea add acer~t to parking spaces. A large tree shall be punted within this punting Island. ~X~~l1t ~~g~ - ~ _i in~e-Fmi~y Ar~hitectr~r~ tand~rds: ~3~,~.1.1.A.~, ~h~il be excepted to provide the ~oiY~wing additiv~~i restriction: Covered front porches The depth of the porch must be at least 6-feet xn depth to receive credit as an architectural feature}. ~3~.1.13.1,A. shall be .excepted to allow the following design feature as an additional option : Covered front porches that extend clang at least ~°Io of the front facade excluding the garage} shall receive credit as two fe~.tures. 35.13.1~.~.C. shall be excepted as follows: Houses with the game facade on either side of a given street represented by "A" and ;;B"below} must be separated by a rr~inin~um of three lots. ~ ~ ~ ~ ~ ~ ~,1 ~.1 ~.1.D, shall he excepted in its entirety from applic~.tion in this development. ~,1~.1.1.~. sham he excepted as follows: All walls along the front facade ~fro~.t add wining a public or private right-of way where the building entranceladdress is located must contin at least ~~°I~ of the wall ace in window or p door areas ~excluding garage doors}. All other facades, which face ublic or rlvate ri t-of p p wad excluding alle~rs~ must contain at least 1 ~°Io of the wall space in window or door areas ~excludir~g garage doars~, or one opening per sleeping area has defined b~ the Building Code}, whichever is greater. shutters, trims, and faux windows will not be counted towards the h y n11n1ll~un~, reC~ulre~nent, 3.1.~~.~.F. shall be excepted as foilnws: primary entrance shall face a public street and sidewalk or be a courtyard entrance. ~xh~blt - 1 x.13.1 .1.H., 3. ~ ,13,1.I, and , I3,13.1.J shall be excepted as follows: H. ~ ~~~I~ of the surface area of the front side of the residential structure, excluding dormers, gables, parches, windows, doors, and bay windows, shall be masonry. Th.e total percentage of tnas~nry on the entire residential structure, excluding dormers, gables, porches, windows, doors, and bay windows, shall be ~ minimum of ~~°/a. 1Vlasanry includes brick, stone, or stucco. Na exterior combination of bricl~ color, mortar color, and sand color shall be repeated. within . 2~~ lineal feet on either side ofthe sane street. J. Ali compressors, utility meters, and plumbing cleanouts shall be screened from view of the public right-af-way using landscaping or fences. I~eight on planting material after two growing seasons shall be a n~inin~um of 30 inches. For energy efficiency, Ali cvn~pressors shall be located an the east or north face of the house, unless doing so would place the compressor ~n the front yard, cr facing any street. 3.13.13.1. shall be excepted to require the foll~wit~g addYtional standards: . garage access shall not be from a primary or side street, when alley access is available, Each detached single-family dwelling shall have a 2 car enclosed garage or larger, M. The minimum square footage of detached single-family dwellings shall be 1,54 square feet of total Boor area that 1~s a1r condlt~aned. 1. This requirement may be reduced to square feet for areas approved an the ~eve~opment plan Map for active adult retirement community development, limited by private deed restriction to require that at least one person residing in each household shall have attained an age of fifty-five ~~5~ years. In such cases, a minimum of four ~4} of the architectural elements listed in "A.}' above must be .utilized on each structure. N. .t least 1 ~°/o of the detached single family dwellings shall contain a minimum of 2~~~~ square feet of total Hoar area that is air conditioned and utilize at least four 4 of the architectural features listed in above. ~t least 10°Io of the detached single family dwellings shall contain a minimum of ~,2~~ square Feet of total Hoar area that 1s air conditioned and utilize at least four ~4~ of the architectural features listed in ",A>' above. p. The rnir~imurn square footage df attached single-family dwellings shall be 1,4~~ square feet per unit of total #laor area that rs a1r cond~t~oned. . X11 dwellings shall have a roof of slate, file ar 2~ year con~pasition singles with a weight of at least ~4~ pounds per 1 square feet. . The roof pitch of the primary structure shall be ~-in-12 slope minlrnurri. Exh~b~t "A"page -11 ~r~-t~~~d~ntiall~~rcia~ and fc~ ~nY~d~n Non~res~dentla~l~ommerc~. buildings or ml~~d~usc buildings and their dots shall comply with e following additional standards and exceptions. ~~~3.13.~.A,~, shad be excepted to provide as folio~vs: building frontages greater than ~ Q~ feet in length shall have offsets, jogs, or other distinctive changes in the building facade to create shadow dines. ~~'fsets and dogs sha~~ be a n~inirr~um of Z feet 1n depth. ~~.13.13,~,A.4. shall bye excepted to provide as follows: Buildings shall have their primary orientation towards the street andlor parking lot. ~,~3,1..A. shall be excepted to provide the foilov~i~ag addYtional pravisian: Parl~~n areas that are located between the building and the street shall conform to the regulations identified in the Access, Parking and circulation Requirements. 3.13,~3.~,~.~. shall be excepted follows: . Fronts and street sides of buildings visible from the public right of way shall be 1 masonry, excluding darmers, gables, porches, windows, doors, and trim. 3.T.13,3,~, shah be excepted from. appiicatio~n in this deveiopn~e~~, ~x~,lbit c~~~a - parkin t.n~rd: ~.14,~.A, shall be excepted to add the forlowin add~tianal parking standard i~ the Hills of Denton North MPS, nenity Center, Two spaces peer one thousand ~1,0~~} square feet of gross floor area. 3,4.4.8., shall be excepted as fallaws: Business, general retail, personnel services. a, General - one ~ 1 ~ space for two hundred ~~~0~ square feet of gross door area. Furniture and appliances _ane ~ 1 } space per five hundred fifth {5 square feet of gross floar area. ~3,I4,4,B,4, shall be excepted a~ follows; Chapels and mvr~uaries. One ~1~ space per three {3}fixed seats in the main chapel. 3.I4.4,B.5. shall be excepted as (allows; Offices.lVledical and dental - ane ~ 1 ~ space per one hundred flft~ ~ 1~} square feet of grass floar area. General - one ~i}space per twv hundred fife ~~5~} square feet of grass floor area. ,~4.4.8.~. shall be excepted as follows: restaurants, bars, ice cream parlors and similar uses. One ~ 1 } space per four ~4~ seats ar ore ~ 1 } space per 1 ~0 sq. , of grass floor area ~xnc~uding Qutdaor serving areas up to 4,04 square feet, whichever is less, plus one ~ 1 }space ~'or each 80 square feet of grass floor area aver 4,~~~ square feet. A minimum of three spaces is required.. ~~.14.4.8.'7. shall be excepted as follows: . skating rinl~s. One ~ 1 }space per one~hundred ~ 1 sq. of gross building area, ~.14.~.8.8, shall be excepted as fallaws: Theaters, auditoriums, stadiums, g~nasiums and similx uses. One ~1~ space pear three ~~}seats. ~.14.~,B. shall be excepted to add the foYlowin additional parl~ing standard in the Hills of Denton North NIPS: stables. One ~1}space for each eve ~5}horses kept an the premises. Cain Operated ~,aur~dry. One ~1}space for each three ~3~ washing machines. ~3~.14,4..1. shall be excepted as fallaws, which shall govern aver the existing provision ~ this development: Industrial uses, except warehousing. One ~1} space per five hundred ~~0} square feet of grass floar area ar fox each two errzplo~ees on the largest shift, whichever is greater. 5,14.4..x. shall be excepted as fallaws, which shall govern aver the e~xsting provision in this development: warehousing. a. ~If used exclusively far storage. One ~ 1 } space per one thousand ~ i,~~~} square feet of ~xhf~lt cc~~a ~a.g~ - i gross floor area or for each two {2} employees, whichever is greater, b, ~~f not used exclusively for storage. One ~i~ space per five hundred ~50~~ square feet of gross floor area, plus one ~l} space per two-hundred fifty ~250~ square feet of office or sales area. ~.14.4,I~,, including all sr~hections, shall be excepted as fellows, which shall govern over the ex~st~ng provision: 1. Day care facilities hating 13 or more childrenladults, Two spaces per three ~3} employees plus one ~ 1 } laading space far every 8 children; a min~musn of two spaces are required. Churches, temples and other places of asserr~bly not specified elsewhere, One. ~ 1 } space per three ~3~ seats within the ~.axn audltonum or One space for every thirty-five ~5~ square feet of seating area within the main audztor~urn where there are no fixed seats; eighteen ~~S} lineal inches afbench shall be considered a fixed seat. . Cra1f courses, . Regulation Course - fight ~S} spaces per hole, plus additional spaces for auxiliary uses on the 1te set forth 1n this section. b. Driving Range -One ~l~ space per tee, plus additional spaces for auxiliary uses on the site set forth in this section c. Miniature golf courses -Three spaces per hale, plus additional spaces for auxiliary uses on the site set forth xn this section, 4, hospitals. One and three quarters X1.75} spaces per patient bed. 5, Nursing and convalescent homes. One ~ 1 }space per four ~~}patient beds. Rest homes, homes for the aged, or assisted living. One ~1~ space per four ~4} patient beds or one ~~}space per apartrrient unit. 7. schools, elementary and junior high, One and one-half 112 spaces per classroom} or the requirements far pub~xc assembly areas as set forth herein, whichever 1s greater. S. Nigh schools. One ~ 1 }space for each member of the faculty and each employee, plus one ~ t } space for each six full-time student capacity, or the requirements for public assen~biy as . . set forth herein, whichever is greater, . Colleges, universities and trade schools. One and one-half ~l 11~~ spaces per els,ssroom, plus one ~ 1 ~ space per three students the school is designed to accommodate at one tune, plus ~ requirements for on-campus student housing. .I4.4.F, shall be excepted as follows: Any spaces over the required number of spaces shall be mitigated per the 1~ccess Parking and C1rculation Requirements of this document, spaces prodded on-street, or within the building footprint of structures, such as in rooftop parking, or under-structure parking, or in multi-level parking above or below surface lots, shall not apply towards the n~axi~num number of allowable spaces, i ~.1~..A. shall ~e excepted as follows: Tl~e amount of off street parking required shall be reduced by the following credit provided far an-street parking: one { 1 ~ off street parking space credit for every one ~ 1 } on-street space. Exhibit "A"page -14 l shill be ~~~e~ted as fOllO~vs~ ' ~~e illustration for e~ceptiar~~ to t~.e effective area o#~ ~i~ae an perimeter fencing aid entry n~on~unents within F district is as follows. : i I s, I i .F i i E~CLUDE~ FRAM EFFE7"~VE AR.E~. E~~l~~t p~~e - i ~ _ l ~~.17.~.A.~. shall be excepted as ~olYaws: Up to 1 ~°Io of the area n~a~ be disturbed for private hard andlor non~private hard structures including but not ~i~nited to: gardens, bards, trails, and clearings, but which are no closer than 2 feet from the stream bank or riparian buffer. N'o disturbance is permitted in delineated wetlands. ~~.17.8.A.10. shall be excepted ~o add the foi~ov~in~ addi~ionai use end activity: Pubic and private roads. ~.~0.~..3, shaii he excepted a fallov~s, a.nd this pravision shall tavern over the eorrespanding bode pravrslon in this development; Block width. Double fronted lots sh~~ be avoided except where essential to provide separation of residential development from rnaj or traffic arteries or adjacent nonresidential activities or to overcome specific disadvantages of topography and orientation Through lots shall have a n~ini~nurn average depth of one hr~ndred ~ 1 ~0} ~ feet. 3~.23.~. shaYi be excepted as follows; Lot, Double Frontage: A lot laving frontage on two nonintersectinsueets, s distin~.ished from a corner lot. ~~h~bit "A"Page -1 i EXHIBIT B BEING ~ 501,98 acre tract of land situated in the J,A. Rurns Survey, Abstract No. 1 the B,B,R. & C,C,C,R, Survey, Abstract No. 134} the E. Pritchett Survey, Abstract No. 1025, the 111. Pea Survey, Abstract No. 1054, the F, Mcl~ettrick Survey, Abstract No, 846, the Stewart Survey, Abstract No. 1150, the J. Ayres Survey, Abstract IVo. 0002, tl~e A. Fry Survey, Abstract lVo.1639, the L.w.lhite Survey, Abstract No,1408}and the S. Blish Survey, Abstract No, 40, Denton County, Texas, further being all of these certain called 165.46, 19.9951, 9D.0542, 38.3235, 123.192, and 5,0318 acre tracts described to 2006 Milani East Partners, L. P. by Special warranty Deeds recorded as Instrument Na's. 2041-61548, 200fi-134981, 2006-~ 349$7, 2006-~ 34991, 2006-134976, and 2006-134972, respectively, in the official Records of Denton County, said 501.98 acre tract being mare particularly described as follows: ~~CENNl1~C at a capped 518" iron rod marked "CARTER BURGESS" found in the west line of F.M. 2164, at the northeast career of that certain called 19.9261 acre tract described to DENTDN 288, L.P, by Special 1arranty Deed recorded as Instrur~►ent No. 2046-21489, official Records of Denton County, also the southeast corner of aforementioned 5.0318 acre tract; THENCE N 892'13" w departing the said west line of F,M, 64 and slang the north line of said X9.9261 acre tract, a distance of 3112.11 feet to a 112" Iron rod found at the northwest corner of said 79.9281 acre tract;; THENCE S 000'44" E clang the west line of said 79,9261 acre tract, a distance of 582.DD feet to a 112" iron rod found for corner at the northeast corner of that certain called 91.0934 acre tract described to DENTGN 288, L.P, by Special VVarrarrty Deed recorded as Instrument Na, 2006-58316, official Records of Denton County; THENCE departing the west line of said 79.9261 acre tract and along the narkh line of said 91.0984 acre tract the fallowing: N 8S °49'45'" Vv a distance of 1627.90 f eet to a 112" iron rod found far corner; S 01 x'08" 1N a distance of 144.GS f eet to a fence carver past found for corner; N 88°~~'"1?" VV a distance of 245.52 feet to a fence corner post found for canner at the northwest corner of said 91.4934 acre tract and the northeast corner of that certain called 154.1246 acre tract described to DENTGN 288, L.P. by Special warranty Deed recorded as lnstrur~ent No. 2006-67448, Gfficial Records of Denton County; TH ENCE N 89°97'15" VII a distance of 1838.29 feet to a fence corner past found at the north rest corner of said 154.1248 acre tract; THENCE S 00°32'20" w slang the west line of said 154,1246 acre tract, a distance of 426.52 feet to a fence corner post found in the norkb line of that certain called 8'.452 acre tract described to Rancho Vista Development Company by Special Warranty Deed recorded in Volume 2695, Page 465, Deed Records of Denton County} Page 1 ~f 3 i THENCE N 89 a'aa" w along the north lire of said 87,452 acre tract and the north lines of those certain called 19.23, 20.741, 1 o.8a, and ~ 9.23 acre tracts described in deeds. recorded as County Clerk File No's. 6-80043861, 97-ROa032~9, Instrument No. D5- 782~ 7, and County Clerk File No. 93-Ra015347, respectively, in the official Recards of Dentan County, in all, a total distance of 247.42 feet to the northwest corner of said 93- R0075347 tract, in the east line of that certain called 572.029 acre tract described in the aforementioned deed to Rancho Vista Developr~ent Company; THENCE N 01 °8'35"' E along the east line of said ~~2.a2~ acre tract, the east line o€ that certain called ~ 6D.6~~2 acre tract ~ described to Joseph E. Stockard, et al by Substitute Trustee's Deed recorded in Volume 3290, Page 881, Deed Records of Denton County, Texas, and the east line of that certain called 0.844 acre tract described to Gerald E. Jungjohan by deed recard~d in Volume 597, Page 41 Deed Records of Dentan County, Texas, in all, a total distance of 2996.x5 feet to the south line of F,IIII. 3163 ~Milam Raad~; THENCE along the said south line of F.illl~ X163 ~Il~lilar~ Raad~ the fallowing: 83 °a5'~t " E a distance of 322.49 feet to the beginning of a curve to the Left which has a central angle of x64'36", a radius of 2924.13 feet, and a chord which bears 86°13'32" E - 323.64 feetr Vvith said curve to the left, an arc distance ~of 323.80 feet to the end of said curve; S9 X6'1 E a distance of 4495.96 feet to a 11~" iron rod with a plastic orange cap stamped "PI BU RN P~RTN ERS" set for corner; THENCE 02 X5'33" IN departing the aforementioned south line of F.I. 8168 ~Milam Road}, a distance of x31.34 feet to a t12" iron rod with a plastic orange cap stamped "PIB~JRN PARTIIIERS" set far corner; THENCE 8a°a5'~6" E a distance of 5a.a2 feet tv a r~etal fence corner post found at the southwest corner of thane certain tracts described tc Wallace R. and Sondra L. Trietsch -Trustees, by General 1~varranty Deed recorded as County Glerk File No. 98- 01 ~ 2248, Official Recards of Denton County, Texas; THENCE 89°16"31 E slang the south line of said Trietsch tract, a distance of 356.61 feet toe 1~2"' iron rod with a plastic orange cap stamped "PIB~JRN PARTNERS"' set for career at the southeast corner of said Trietsch tract, in the west line of that certain tract described to Ricky wayr~e Smith by Ullarranty Deed recorded in Volume 1 o7, Page 824, Deed Records of Denton County; THENCE x2°54'11" UII along the west line of said Smith tract, a distance of ~a.47 feet to a 318" iron rod found at the southwest corner of Bald Smith tract; TH ENCE S 89 3'S9" E I n h ~ ~ a o g t e south lrne of said Smith tract, a distance of 152.aa feet to a 318" iron rod found at the southeast corner of said Smith tract; Page ~ of 3 THENCE N 028'47"' E slang the east line of said Smith tract, a distance of 572.56 feet to the a#orementioned south line of F.M. 3163 ~MifarnRoad}, at the northeast corner of said pith tract, from which a 1 iron rod found ~~ar N 02 8'0~" E ~ 0.~4 #eet; THENCE along the said south line of F.M. 31fi3 {Milan Road} the fallowing: 89°26'15" E a distance of 1 ~ 9.83 feet to a 112" iron rod found #or corner; S9 X4'1 E a distance of 193.02 feet to a wooden T~D~T marker found; ~ °28'17" E a distance of 9,51 feet; 89 °34'1 " E a distance of BS.Oa feet to a wooden TXD~T marker found; 89°34'21" E a distance of 138.73 feet to a 112" Iran rad with a plastic orange cap stamped "PIBURN PARTNER" set for corner; S7°53'1 " E a distance of 1 Q2.48 feet to a wooden T~~DT marker found; N 89°28'22" E a distance of 359.29 feet to ~ wooden TXQ~T marker found; 894'18" E a distance of 233.7'0 feet to $a wooden T~D~T marker found; . 89 °43'11 " E a distance of 40.00 feet to a wooden T~D~T marker found; 89 °43'11 " E a distance of 343.44 feet to a wooden T~CD~T marker #ound; 89°38'17"' E a distance of 171.55 feet to a wooden T~DDT marker found; 89°34'32" E a distance of 210.00 feet to a wooden T~CD~T marker found; 89°11'22" E a distance of 48Q.aQ feet to a wooden T~~DT marker found; 89°11'22" E a distance of 20.OD feet to a waaden T7~~OT marker found; 89 °18' 15" E a distance of fi93.42 feet; 88°58'14" E a distance of 239,94 feet; 45 °44'04"' E a distance of 141.5G feet to the west line of aforementioned F, M, 2184; THENCE 40°48'05i' E slang the west line of said F.fUI.2154 a distance of 1752.fi2 feet to the PANT 0~ ~~C~NIV~NC and containing 21,866,277 s~ uare feet ar 541.98 acres of land, more or less. Bearings are based ~pcn ~~at certain cai~ed 74.953 acre bract described in B~ecial ~Narran#y Dead recorded as 1r~strumerrt ~Io. ~OD6- i2 ~ 44, pfficial ~3eccrds o~ Denfcrr Cour+tyr Texas. PI]UR~I PARThIER, LLB ~~~-~s~~ www.r~e~rosurve or.ccrn Page 3 of 3 i a ~ i er o'er 9B ~ ~ ~ ~ ~ .ice G $ a ! ' t r FM 2164 (L,;-.1 Ed) o*+m.q Nqo •n.rid ` .I > m E r' •'I I ~ o / E4 0 .v m = m ell CL r. ' U L ~ ~ E ) i: ' D~% ~%:Z\~ . ` m o o E ern s O °~a ° X va v~„v1 ! q E 15'E a = O ~ o :L v C N 7 w, ' m~°°o gg- 0 id sf t Eu m O V. t ' _~t~.N CHI ~ ~ 7 cm. veri~ J W ; 0 O ~ ` R ~ S ~ 9 ee 5 s`3 C 2 = h o° dig :3 rpa r^ V E a V J R b W y4ai Q~ R a~ 3 ~~::PB LL vCC'y ~ ~ of 22R - •6c s RIM @~~Q aD ¢6 ~'E Y is afs~ Op6po S.l yr V a " .sk3l 9~P 9"f a +`.zb:8 F9/ ~~g9 u -9 .Ln gse .so F ''sp a } o cn z c H s FM 2164 0. 1 Rd) a 11 s 1 lV / j• ~ e / ~fu ~ y /mod ~ o Z 0 z 4 Zs = CL w O ~ L d W A w ~ M r/'~ v A A <°r V J n. OP. _ $o 0-1 Q W Bas $ $ A A u a n 3 9 a a a AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: Planning Department ACM: Fred Greene SUBJECT - MPC07-0001 (Inspiration Master Planned Community) Hold a public hearing and consider the adoption of an ordinance of the City of Denton, Texas, for a zoning change from a Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2 (NR-2), Regional Center Residential 1(RCR-1), Community Mixed Use Employment (CM-E), and Planned Development 13 8 (PD-13 8) zoning districts to the Inspiration Master Planned Community (MPC) zoning district classification and use designation; the area for zoning change encompasses 3,331 acres of land located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard and is legally described as certain tracts of land in the E. Pizono Survey, Abstract Number 1269, G. Pettingale Survey, Abstract Number 1041, J. Taft Survey, Abstract Number 1269, G. West Survey, Abstract Number 1393, B.B.B. & C. Railroad Company Survey, Abstract Number 158, S. Pritchett Survey, Abstract Number 1021 and the McCutchin Lands known as Pilot Knob Ranch in the City of Denton, Denton County, Texas, providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission recommends approval (7-0). BACKGROUND Applicant: L. Reichhart, Spring Brook Planning Group Grapevine, TX This rezoning request was originally tabled from the August 5, 2008 City Council meeting. The applicant was directed to work with city staff to submit documents to more clearly address Subchapter 35.7.12.6.E. Findings, of the Denton Development Code. This section requires the applicant to propose a Development Plan which sets forth the phasing of the infrastructure, as well as plans for financing the infrastructure and responsibilities for payment. City officials met with the applicant and determined the criteria that would satisfy the Findings requirements. This information was also provided to the applicant in a letter dated July 17, 2008. The applicant submitted the requested information for staff review on September 3, 2008. In order to complete the staff review, further documentation has been requested from the applicant. The applicant is currently working to compile this information, and staff is recommending that the consideration of this item be continued to the November 4, 2008 City Council meeting. PRIOR ACTION/REVIEW (Council, Boards, Commissions) 1. July 1 1, 2007 Planning and Zoning Commission Work Session 2. August 8, 2007 Planning and Zoning Commission Work Session on Planning Issues 3. August 22, 2007 Planning and Zoning Commission Work Session 4. March 26, 2008 Planning and Zoning Commission Work Session 5. April 23, 2008 Planning and Zoning Commission Public Hearing 6. June 3, 2008 City Council Work Session 7. June 17, 2008 City Council Public Hearing a. Hearing was closed b. Zoning Ordinance was tabled 8. July 15, 2008 City Council Ordinance listed for Individual Consideration a. a. Removed from table and discussed by Council b. b. Ordinance was re-tabled 9. August 5, 2008 City Council Ordinance for Individual Consideration a. Ordinance removed from table, and motion was made to bring the case back as a public hearing in September or October b. Ordinance was re-tabled 10. September 16, 2008 -Ordinance remained tabled 11. September 23, 2008 -Ordinance remained tabled 12.October 7, 2008 City Council Public Hearing a. Opened new Public Hearing and continued it to October 21, 2008 b. Ordinance remained tabled Prepared by: _ Jane Gurney Associate Planner Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: City Manager's Office CM: George Campbell, City Manager SUBJECT Consider appointing a voting delegate and an alternate voting delegate to the National League of Cities Annual Congress of Cities. BACKGROUND The National League of Cities Annual Business Meeting will be held on Saturday, November 15, 2008 at the Congress of Cities in Orlando, Florida. The City of Denton is entitled to cast two votes at the Annual Business Meeting and the delegate(s) must be present to vote. Consideration of the voting delegate and alternate voting delegate should include whether the individual is able to remain a day longer at the conference to participate in the business meeting. Respectfully submitted: Jennifer Walters City Secretary To strengthen and promote cares as centers of opportunity, leadership, and governance. September 23, 2008 National League MEMnRANDUM of Crfres TD: Direct Member Cities 13D1 Pennsylvania Ave., N.W. Washington, D.C. 2DDD4.1163 2D2.626-300D FRDM: Donald J. Borut, Executive Director Fax: 202.626-3043 www.nlc.org SUBJECT: Congress of Cities Voting Delegates 2Ug8 Oifiicers President The National League of Cities Annual Business Meeting will be held an Saturday, Cynthia Mcc~lum November 15, ZUUB, at the conclusion of the Congress of Cities and Exposition in Council Member Madison, Alabama Orlando. As a direct member city, your city ~s entitled to vote at this meeting. First Vice President Kathleen M. Novak Based on population as of the 2000 Census, each member city casts between one and Northglenn, Co orado twenty votes. The number of votes for each population range can be found on the Second Vice President table an the reverse of this memorandum. Ronald 0. Loveridge Mayor Riverside, California To be ell ible to cast a city's vote, a voting delegate and alternate must be officially irnmedrate Past President g James C. Munt designated by the city using the enclosed credentials form. This form will be Councilmemloer , Clarksburg, West Virginia forwarded to NLC's Credentials Committee. NLC bylaws expressly prohibit voting ~xecutitre Director by proxy. City elected officials should be made aware of this request so that Donald J. Borut decisions can be made as to who will be the voting delegate and alternates}. At the Congress of Cities, the voting delegate must pickup the city's voting card at the Credentials Booth before the Annual Business Meeting and must be present at the Annual Business Meeting to cast the city's vote. Alternates should also visit the credentials booth before the meeting to pickup their stickers which identify them as alternate voting delegates. The Credentials Booth will be open throughout the Congress of Cities. P~ea~e retrarn the cvmp~eted form to NLC by fax at 202-626-3043 on or before ~etober 31, 2008, and keep the original for your own files. If you have any questions or concerns, contact Ken Rosenfeld, NLC policy manager, at rosenfeldC~nlc.org or 202-626-3027. Thank you. Asst Pnrtdrnh: Cleronce E. Anthony, Mayor, South Bay, Florida • John De5tefano, Jr., Mayor, New Haven, Connecticut • Brian J. O'Nei€#, Councilman, Philadelphia, Pennsylvania Di'roctars: John 5. Brenner, Mayor, York, PennsyNarua • Carl Brewer, Mayor, W~hila, Itansas • Susan Burgess, Mayor Pro Tem, Charlotte, North Carolina • Susan J. Caw, Executive Director, Ohio Municipal League • tVwtleam Chapman, Alderman, Rapid City, South Dakota • Miguel Ail. Chavat, GauncilarlMayor Pro Tem, Sarno Fe, New Mexico • Alanharat K. Criahr, Gouncilm®mber, Jackson, Mississippi • Joseph A. Curtstone, Mayor, Somerville, Massachusetts • Deborah Renard Delgado, Councilwoman, Hattiestwrg, Mississippi • Doug Echols, Mayor, Rock Hiif, South Carolina • Pat Ek€und, Mayor Pro Tem, Novato, Cal'rfomia • James J. Finley, Jr., Executive Director and CEO, Connecticut Go~erence rn Mur~cipalities • Jahn P. Fronidln, Councilmember, Chattanooga, Tennessee • J. Davkf Fraser, Executive Direckor, Nevada League of Cities and Municipalities • Donald A. Greaser, Mayor, Ralston, Nebraska • Jeanne Hsrrls, Counciimemt~er, Vancouver, Washington • Daun S. Heats, Councilwoman, Norfolk, Virginia . Dsbanh A. HIII, Council Member, Warrensville Heights, Ohia • Michael E. Johnson, C.auncilmember, Phoenix, Arizona • Bobby G. Kilgore, Mayor, Monroe, North Carolina + Jennlhr L Kim, Councilmeml~er, Austin, Texas • Sylvia L. Lovely, Executive Director, Kentucky League of Cities, (rec. • Rabin Lawn, Council Member, Hemet, Califamia * Delay W. Lynam, Commissioner, Orlando, Fkxtda • AlargarM H. tVlahery, Executive Director, Tennessee Municipe! League • Sam Aiamet, Executive Director, Colorado Municipal League • Henry F. Atlarrath, Jr., Cauncilmember, Gaithersburg, Maryland • Tam Ed AkHugh, l=xeculive Director, t_ouisiana Municipal Association • Frennk C. Ortis, Mayor, Pemt~rdce Pines, Florida • Tzekel Pares-Csracci, Council Member, Duarte, Calitorr~a • Ellzabeih C. Paterson, Mayor, Martstiekf, Connecticut • Daniel S. Pocek, Mayor, Bedford, Ohio • Debbie W. t}uinn, Cauncilmernber, Fairtrc~pe, Alabama • Soma Reece, Mayor Pro Tem, Normal, Illinois • L. Lynn Rex, Executive Director, League of Nebraska Municipalities • Sergio Rodriguex, Aldemran, New Haven, Connecticut • Stew Sala=ar, Councilmember, Dallas, Texas • Al~dwin IN. SanKrel, CourrciknemberlMayor Pro Tem, Beaumont, Texas • James Teybr, Councilman, tittleton, Colorado • Dennis P. Iine, Councilman, Las Angeles, CalAomia ~ ~ ~ o~~ J D Z L +F~ ~ ~ H ~ 'O V v ~ ~ ~ ~a~ J4 ~ Z~ D ~ ~ oy b ~ ~ ~ W Z j ~ ~m~ ~ ~ .y dt ~ Wow ~ vW b C C3 ~ ~y N N ~ J p iL a b) ~ G Z o 4~~ o r oar ~ ~ o ~z M~ ~ . o Wz f 41,~~ 0 r m ~ ~ o ~ ~ 0 ~ wW ~~r V ~ oa ~ ~r~ ~ ~ a~ ~ m u ~o~ . ~ r`~ Z~~ ~ ~~c oZ~ } ~ o~ ~ ~ v ~ a ~ ~ ~ a o ~ a~ N~~ poo ~ ~ ~ r o.. ~ ~ u _ ~~a ` o a ~ ~ ~ a 3 by Z ~ p U y ~ ~ ~ o ~ C 'Q 'v o c a uZu ~ ~ 3 Z ~ ~ ~ .p N ~ ~ ~ o~~N ~ o a ° t ~M ~ C ~ F■1 ~+vpL ~ w o. ~ ~t~~ ~ E ¢ ~ gam, p ~ ~ N C ~ C ~ ~ = J u ~ c~ ~ ~ ~ ~ 4 w z a _ c 0 ~ w O ~ W ca~o w ~ p ~ ~ ~ w Q w ~~o w z w ~,';N o z ~ a~ ~ a a c°v o ~ z ~ z z © r ~ ~ a ~ N ~ r Q N AGENDA INFORMATION SHEET AGENDA DATE: October 21, 2008 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Receive a report, hold a discussion, and give staff direction on a contract for delinquent tax collection services. BACKGROUND The City of Denton's contract for delinquent tax collection services with the law firm of Sawko & Burroughs, L.L.P., expired on June 30, 2008. The firm agreed to continue our contract on a month-to-month basis while the City conducted a formal process to select our delinquent tax collection law firm. In August, staff solicited proposals from qualified firms using a formal Request for Proposal (RFP) process. As part of the RFP, staff described to the potential law firms the services requested and the criteria that would be used to evaluate the proposals. The evaluation criteria were also distributed on July 25th to the City Council for their review and concurrence. Staff received four proposals in response to the RFP. After carefully reviewing the written proposals received, staff conducted oral interviews with each firm. Staff then ranked the proposals according to the evaluation criteria. Following this evaluation and based on the points awarded in the analysis, staff is recommending that the firm of Sawko & Burroughs, LLP, be awarded the contract for delinquent tax collection services. A summary of the firm rankings is attached. The firm of McCreary, Veselka, Bragg, and Allen, LLP, received the second highest ranking from the selection panel assembled. The rankings are inherently subjective in nature, and the differences in collection performance and procedures is minimal between the McCreary and Sawko law firms. As such, staff believes either firm is capable of performing the delinquent tax collection services requested by the City of Denton. Agenda Information Sheet October 21, 2008 Page 2 I look forward to discussing this issue in detail with you. If you have any questions, or need additional information, please let me know. EXHIBITS 1. 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