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HomeMy WebLinkAboutOctober 6, 2009 Agenda AGENDA CITY OF DENTON CITY COUNCIL October 6, 2009 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 6, 2009 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: WORK SESSION 1. Receive training on the Granicus voting system in the City Council Chambers. 2. Requests for clarification of agenda items listed on the agenda for October 6, 2009. 3. Receive a report, hold a discussion and give staff direction regarding the 2010 City Council meeting schedule. 4. Receive a briefing and hold a discussion regarding Texas annexation procedures in accordance with Texas Local Government Code. The briefing and discussion will include the requirements of (1) a 3 -year Annexation Plan; (2) an Inventory of Services and Facilities; (3) a 21/2-year Service Plan; and (4) Development Agreement for land appraised for agricultural land use. 5. Receive a report, hold a discussion and give staff direction regarding the release of the City of Denton Extra Territorial Jurisdiction (ETJ) to the City of Pilot Point. 6. Receive a briefing and hold a discussion regarding the purpose and goals of the Neighborhood Empowerment Summit to be held Saturday, October 24, 2009 at the Civic Center, 321 E. McKinney. 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. CLOSED MEETING 1. Closed Meeting: A. Consultation with Attorney -Under Texas Government Code Section 551.071; and Deliberations regarding Real Property -Under Texas Government Code Section 551.072. 1. Discuss, deliberate, and receive information from staff and provide staff with direction regarding the valuation and possible acquisition of fee title to a 15.85 acre tract of land situated in the T.M. Downing Survey, Abstract No. 346, City of Denton, Denton County, Texas, said tract to be acquired for municipal purposes. Consultation with the City's attorneys regarding legal issues associated with the acquisition of fee title to the City of Denton City Council Agenda October 6, 2009 Page 2 15.85 acre tract, where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceedings or potential litigation. B. Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071. 1. Discuss and deliberate the status of pending mediation efforts regarding several public power issues involved with the Texas Municipal Power Agency litigation described below and receive a briefing from a City representative. Receive a briefing and status report from the city's attorneys regarding the litigation entitled Ex Parte Texas Municipal Power A enc Cause No. D-1-GN-08-003426, pending in the 126th Judicial District Court in and for Travis County, Texas; as well as Ex Parte Texas Municipal Power Agency - II, Cause No.D-1-GN-08-003693, in the 261St Judicial District Court in and for Travis County, Texas; and the Texas Municipal Power A e~nc~ Plaintiff v. Cit~yan, Texas, Defendant, Counter-Plaintiff and Third Party Plaintiff, v. City of Denton, Texas and City of Garland, Texas, Third Party Defendants, Cause No. 28169, now pending in the 506th Judicial District Court in and for Grimes County, Texas. Discuss and deliberate and provide the attorneys with direction. 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. C. Consultation with Attorneys -Under Texas Government Code, Section 551.071. 1. Receive a legal briefing from the City's attorneys and discuss legal issues regarding the request for a Specific Use Permit to allow for gas well drilling and production on property located within Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU), the approximately 3 acre site located on the west side of Bonnie Brae Street, north of Scripture Street. D. Deliberations regarding Real Property -Under Texas Government Code Section 551.072; Consultation with Attorney -Under Texas Government Code Section 551.071. 1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the grant of property within the Denton Rail Corridor to the DART, the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9, 1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated City of Denton City Council Agenda October 6, 2009 Page 3 June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DCTA. Consultation with the City's attorneys regarding legal issues associated with the granting of said property above described where a public discussion of these legal matters would clearly conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 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 SE . (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, October 6, 2009 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: REGULAR MEETING 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. Fire Prevention Week 2. National Arts and Humanities Month 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. City of Denton City Council Agenda October 6, 2009 Page 4 Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - R). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - R below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. Consider approval of the Parks, Recreation and Beautification Board's recommendation to select artist George Cadell's sculpture Harmony as public art for the City of Denton. The sculpture will cost $27,900 and will be paid from the 2010 Hotel/Motel Occupancy Tax (HOT) funds. The Parks, Recreation and Beautification Board recommends approval (4-0). B. Consider approval of the Parks, Recreation and Beautification Board's recommendation to select two black and white Flowing Light Images by artist Carlotta Corpron as public art for the City of Denton. The photographs will be funded from a preexisting trust account designated for art in the Denton Municipal Complex (DMC), which is currently named City Hall East. The Parks, Recreation and Beautification Board recommends approval (4-0). C. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the rental of heavy equipment for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4373-Annual Contract for Rental of Heavy Equipment awarded to the lowest responsible bidder meeting specification for each item in the annual estimated amount of $750,000). D. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of soil, sand, aggregate and lime for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4375-Annual Contract for Soil, Sand, Aggregate and Lime awarded to the lowest responsible bidder meeting specification for each item in the annual estimated amount of $2,000,000). E. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the installation of roadway pavement markings for the City of Denton Traffic Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 43 83-Annual Contract for Installation Roadway Pavement Markings awarded to Striping Plus, Inc. in the annual estimated amount of $204,450). F. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board contract #281-07 for the acquisition of a bucket truck with aerial device for the City of Denton Electric Substation department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4413-Purchase of Bucket Truck With Aerial Device awarded to Southwest International Trucks in the amount of $134,503). The Public Utilities Board recommends approval (4-0). City of Denton City Council Agenda October 6, 2009 Page 5 G. Consider adoption of an ordinance of the City of Denton, Texas approving change order seven and amendment to a professional service agreement between the City of Denton, Texas and Innovative Transportation Solutions, Inc. dated March 5, 2002, extending said agreement, and authorizing and ratifying the expenditure of funds for work to be performed; authorizing the City Manager or his designee to execute the change order on behalf of the City and expend funds authorized by the change order; and providing for an effective date. (File 4155-in an amount not to exceed $126,000). The Mobility Committee recommends approval (2-0). H. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of a second Analog SMARTNET Simulcast System from Motorola, Inc., which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas local government code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4404- Purchase of Motorola Two Site Simulcast System for Denton Municipal Electric in the amount of $2,615,550). I. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Fort Worth Drive Substation for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4356-awarded to the lowest responsible bidder meeting specification, MasTec North America, Inc. in the amount of $872,000). The Public Utilities Board recommends approval (5-0). J. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of tire repair and tire changing services for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4385-Contract for Tire Repair and Tire Changing awarded to Briscoe Tire Inc. in the annual estimated amount of $200,000). K. Consider an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund with certificates of obligation with an aggregate maximum principal amount equal to $1,579,614 so that General Fund vehicles and equipment may be purchased, and providing an effective date L. Consider adoption of an ordinance of the City of Denton, Texas amending Section 22-32 of the Code of Ordinances of the City of Denton relating to the possession and consumption of alcohol in Quakertown Park and buildings situated therein; providing a severability clause, a penalty clause and an effective date. The Parks, Recreation and Beautification recommends approval (4-0). M. Consider adoption of an ordinance approving the "Amendment to Municipal Maintenance Agreement for the furnishing, installing, operation and maintenance of cameras on state highway rights-of way to monitor compliance with traffic control signals" entered into by and between the City of Denton, Texas and the State of Texas, acting by and through its Texas Department of Transportation; providing the City Manager with authority to execute said agreement and to carry out the rights and duties of the City regarding said agreement; and providing an effective date. City of Denton City Council Agenda October 6, 2009 Page 6 N. Consider adoption of an ordinance approving the Municipal Maintenance Agreement regarding the Assistance of the State of Texas in the maintenance and operation of state highways within the city limits of the City of Denton, Texas by and between the City of Denton, Texas and the State of Texas, acting by and through its Texas Department of Transportation; providing the City Manager authority to carry out the rights and duties of the City regarding said agreement; and providing an effective date. (traffic control maintenance) 0. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a third amendment to agreement for professional legal services with the law firm of Walker Sewell, LLC for professional legal services relating to litigation styled: ex parte Texas Municipal Power Agency, Cause No. D-1-GN-08-003426, pending in the 126th Judicial District Court in and for Travis County, Texas; ex parte Texas Municipal Power Agency - II, Cause No. D-1-GN-08-3 693, pending in the 261st Judicial District Court in and for Travis County; and the litigation styled Texas Municipal Power Agency, Plaintiff vs. City of Bryan, Texas, Defendant, Counter-Plaintiff and Third-Party Plaintiff; vs. City of Denton, Texas and the City of Garland, Texas, Third-Party Defendants, Cause No. 28169, pending in the 506th Judicial District Court in and for Grimes County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (5-0). P. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional and personal services agreement with KEMA, Inc., a corporation for examining for TRE/NERC regulatory compliance of the Denton Municipal Electric System; authorizing the expenditure of funds therefor in the amount not to exceed $169,580; and providing an effective date (File No. 4412). The Public Utilities Board recommends approval (5-0). Q. Consider approval of the minutes of: August 18, 2009 September 1, 2009 September 2, 2009 September 15, 2009 R. Consider approval of a resolution approving the recommendation (2-0) of the Mobility Committee appointing Council Member Gregory as the city's representative to the Tarrant Regional Transportation Coalition (TRTC); and providing for an effective date. 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance granting approval of the use of a portion of Carl Young, Sr. Park and Woodrow Lane Park for the purpose of an underground public utility easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for a public utility easement; and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (4-0.) City of Denton City Council Agenda October 6, 2009 Page 7 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Ta_ -Consider adoption of an ordinance of the City of Denton, Texas approving an interlocal cooperation agreement and granting an easement to the DCTA on the Denton Branch Rail Trail for the purpose of building a public commuter rail line; and declaring an effective date. The Mobility Committee recommends approval (3-0). (Tabled from March 3, 2009) B. Ta_ -Consider adoption of an ordinance of the City of Denton, Texas approving a Specific Use Permit to allow for gas well drilling and production on property on a three (3) acre site on the west side of Bonnie Brae Street, north of Scripture Street, within the Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU); and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (509-0006) The Planning and Zoning Commission recommends approval (4-0). (Tabled from July 21, 2009) C. Consider approval of a resolution nominating members to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. D. Consider an appeal of the denial of a Certificate of Appropriateness by the Historic Landmark Commission (6-0) for new development located at the northeast corner of N. Bell Avenue and E. Un1VerSlty Dr1Ve (S.H. 380). The site is located within the Neighborhood Residential 3 and Neighborhood Residential 4 (NR-3 and NR-4) zoning districts; and is within the Bell Avenue Historic Conservation District. (COA09-0002, Lux at Bell Avenue) E. Consider nominations/appointments to: 1. Historic Landmark Commission F. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: a. Dawn Paradise regarding urban chickens. b. Robert Donnelly regarding large phased in developments and DCTA. 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 AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or City of Denton City Council Agenda October 6, 2009 Page 8 sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 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 , 2009 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 SOTHAT ASIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY' S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 DEPARTMENT: City Manager's Office CM/ACM: George C. Campbell SUBJECT Receive training on Granicus voting system in the City Council Chambers. BACKGROUND This training for City Council during Work Session will give Council a detailed understanding of how to use their touch-screen display during meetings. This instruction will take place in Chambers and include how to request to speak, how to cast a vote, and how to view the agenda during the meeting on their own display. A Granicus employee will be on-site to lead this instruction. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On June 16th, 2009, The City Council adopted an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for software for an Agenda Management System for the broadcasting of City of Denton City Council and Planning and Zoning Commission meetings, from Granicus, Inc. which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4331-Software for Agenda Management System in an amount not to exceed $89,712.97). Respectfully submitted: - r . , t Betty Williams Director of Administrative Services Prepared by: ,~i~~ ~att~e~s Billy Matthews Cable Television Supervisor This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 DEPARTMENT: City Manager's Office CM: George Campbell, City Manager SUBJECT Receive a report, hold a discussion and give staff direction regarding the 2010 City Council meeting schedule. BACKGROUND Looking forward to the 2010 calendar year, the City Council meeting schedule has been prepared for Council consideration allowing for fourth and fifth Tuesdays and conference schedules. Following the request from Council, no meetings have been designated for the Tuesdays following a Monday holiday, with the exception of the month of September. Please note that those months printed in purple have only one action meeting scheduled. Respectfully submitted: Jennifer Walters City Secretary 2010 CITY COUNCIL MEETING DATES Draft Monday January 4 No Luncheon Tuesday January 5 No Meeting Tuesday January 12 SC Work/Regular Session Tuesday January 19 No Meeting M. L. King, Jr. Day, 1/18 USCM, Washington, D.C., 1/20-22 Tuesday January 26 No Meeting 4th Tuesday Monday February 1 Luncheon Tuesday February 2 Work/Regular Session Tuesday February 9 2nd Tuesday Session Tuesday February 16 Work/Regular Session Tuesday February 23 No Meeting 4th Tuesday Monday March 1 Luncheon Tuesday March 2 Work/Regular Session Tuesday March 9 2°d Tuesday Session Tuesday March 16 No Meeting NLC, Washington, DC, 3/13-17 Spring Break, 3/15-19 Tuesday March 23 No Meeting 4th Tuesday Tuesday March 30 No Meeting 5th Tuesday Monday Aprils Luncheon Tuesday April 6 Work/Regular Session Tuesday April 13 2nd Tuesday Session Tuesday April 20 Work/Regular Session Tuesday April 27 No Meeting 4th Tuesday Monday May 3 Luncheon Tuesday May 4 Work/Regular Session Tuesday May 11 2nd Tuesday Session Tuesday May 18 Election Meeting Installation of CC Members Only Tuesday May 25 No Meeting 4th Tuesday Tuesday June 1 No Meeting Memorial Day Holiday, 5/31 Monday June 7 No Luncheon Tuesday June 8 2nd Tuesday Session Tuesday June 15 Work/Regular Session USCM, Oklahoma City, OK, 6/11-15 Tuesday June 22 No Meeting 4th Tuesday TCMA, Galveston, 6/25-27 Tuesday June 29 No Meeting 5th Tuesday Monday July 5 No Luncheon 4th of July Holiday Tuesday July 6 No Meeting Council Recess Tuesday July 13 No Meeting Council Recess Tuesday July 20 Work/Regular Session Tuesday July 27 No Meeting 4th Tuesday Monday August 2 Luncheon Tuesday August 3 Work/Regular Session Thursday August 5 Budget Workshop tentative] Tuesday August 10 2nd Tuesday Session Tuesday August 17 Work/Regular Session Tuesday August 24 No Meeting 4th Tuesday Tuesday August 31 No Meeting 5th Tuesday A meeting is designated as "Special Called° because it falls on a day other than the first and third Tuesday. Months in ourole have only one action meeting.  i i ~ 2010 CITY COUNCIL MEETING DATES Monday September 6 No Luncheon Labor Day Holiday Tuesday September 7 Work/Regular Session Tuesday September 14 SC Work/Regular Session Tuesday September 21 Work/Regular Session Tuesday September 28 No Meeting 4th Tuesday Monday October 4 Luncheon Tuesday October 5 Work/Regular Session Tuesday October 12 2nd Tuesday Session Tuesday October 19 Work/Regular Session ICMA, San Jose, CA, 10/17-20 Tuesday October 26 No Meeting 4th Tuesday ~ TML, Corpus Christi, 10/26-29 Monday November 1 Luncheon Tuesday November 2 Work/Regular Session Tuesday November 9 2nd Tuesday Session Tuesday November 16 Work/Regular Session Tuesday November 23 No Meeting Thanksgiving Holiday, 11/25-26 Tuesday November 30 No Meeting 5th Tuesday ~ NLC, Denver, CO, 11/30-12/4 Monday December 6 Luncheon Tuesday December 7 Work/Regular Session Tuesday December 14 2nd Tuesday Session Tuesday December 21 No Meeting Christmas Holiday, 12/23-24 Tuesday December 28 No Meeting 4th Tuesday A meeting is designated as "Special Called" because it falls on a day other than the first and third Tuesday. Months in purple have only one action meeting. [Revised 09/23/09] S:1Lists12009 CC Mtg Dates.doc This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 DEPARTMENT: Planning ACM: Fred Greene SUBJECT - 2009 Annexation Plan -Three-Year Annexation Plan, Two and one half year- Service Plan, and agricultural preservation. Receive a briefing and hold a discussion regarding Texas annexation procedures in accordance with Texas Local Government Code. The briefing and discussion will include the requirements of (1) a 3-year Annexation Plan; (2) an Inventory of Services and Facilities; (3) a 21/2-year Service Plan; and (4) Development Agreement for land appraised for agricultural land-use. BACKGROUND On Tuesday, September 1, 2009, via a City Council work session, staff recommended the annexation of 17 areas totaling approximately 10,800 acres of land within the city of Denton's Extra Territorial Jurisdiction (ETJ). The areas staff recommended include all the "donut holes" (except those with annexation agreements -15, 16, & 17), PAA2S, PAA3 and PAA4. During the work session, it was determined that PAAI should also be annexed due to its close proximity to the Denton Municipal Airport. PAAI contains approximately 1,165 acres, thus the total acreage being considered for annexation is 11,965 contained in 18 areas. These areas are illustrated in Exhibit 1. ANNEXATION PROCEDURE UNDER TEXAS LOCAL GOVERNMENT CODE Tx.LGC §43.052 establishes the standards by which municipalities must abide with regards to annexation. The following is a description of the steps that must be followed during the annexation proce ure. Adoption of an Annexation Plan: Per Tx.LGC §43.052, ahome-rule municipality such as the City of Denton (the City) must adopt an Annexation Plan. The Annexation Plan must identify all areas proposed for annexation and annexation of the area may not occur prior to the 3rd anniversary of the date the Plan is adopted or amended. Id. at ~43.052(c). The "three-year waiting period" is a misnomer, because the City must begin notice, hearing and negotiation procedures almost immediately after placing an area in the Plan. Exemption from Annexation Plan: Notwithstanding the above, certain types of areas are exempt from the Annexation Plan requirement. Specific to the City's proposed annexation, an Annexation Plan is not required for any area proposed for annexation that contains fewer than 100 separate tracts of land on which one (1) or more residential dwellings are located on each tract. Id. at ~43.052(h) (1). Therefore, all the areas that are proposed for annexation are exempt from the Annexation Plan requirement except donut holes (DH) 7, 9 and 12. The DH areas that are required to be included in an annexation plan are illustrated in Exhibit 2. This specific exemption has been the subject of differing interpretation. As such, the Texas Attorney General rendered an opinion on September 3, 2009 stating that: "We conclude that Section 43.052(h)(1) of the Local Government Code does not require that a residence be located on each tract of the area proposed for annexation. The Attorney General opinion is attached as Exhibit 3. The sequence for annexation of areas that are exempt from the Annexation Plan can unfold as follows: 1 Conduct Inventory of Servicers and Facilities; 2 Preparation of the Service Plan; 3 Provide written notice to property owners, DISD, railroads and public and private entities, if required; 4 City Council calls two (2) public hearings to be held at some time not less than 10 nor more than 20 days from the date of publication of the notice of the hearings; 5 Notice of the hearings is published in the Denton Record-Chronicle and on the City's Internet website; 6 A 10-to-20-day interval follows between the date of publication and each of the hearings; 7 Public hearings are held on the proposed annexation at which all interested persons are heard; 8 A 20-to-40-day interval follows between the hearings and the date the annexation ordinance is passed; 9 The City Council meets and passes the annexation ordinance; and 10 Proper post-annexation preclearance and notice is completed. Amendments to the Annexation Plan: The City may add an area or areas to the Annexation Plan at any time. However, the area(s) may not be annexed until on or after the third (3rd) anniversary of the date the Annexation Plan was amended. Id. at Tx.LGC ~43.052(c). The City may also amend the Annexation Plan to remove an area proposed for annexation; however, if the area is removed before the 18th month after the month the area is included in the Annexation Plan, the City may not amend the Annexation Plan to include the affected area until one (1) year has passed since the area was removed from the Annexation Plan. Additionally, if the area is removed from the Annexation Plan during or after the 18th month after the month the area is included in the Annexation Plan, the City may not amend the Annexation Plan again to include the area until the second (2nd) anniversary of the date the City amended the Annexation Plan to remove the area. Id at Tx. LGC ~43.052(e) . One issue in particular has arisen in several cities. That question is whether land that is included by a city in an Annexation Plan, but that is not technically required to be in the plan, may be removed without incurring the time penalties in Tx.LGC §43.052. At least one district court has Page - 2 held that the answer to that question is "yes," the area may be removed without incurring Pena ties. In Lago Santa Fe Property Owners' Association v. City of Santa Fe, Texas (Cause No. OI-CV- 0981), the city's motion for summary judgment in the District Court, 212th Judicial District, Galveston County, Texas, was granted in April of 2002, and the landowners did not appeal. This suit was one of the first to involve a claim under the amended annexation provisions of Tx.LGC §43.052. The City of Santa Fe's annexation plan, which was passed and adopted on December 9, 1999, included the Lago Santa Fe subdivision. The city subsequently realized that the subdivision was exempt from the annexation plan requirement under Tx.LGC §43.052(h)(1) and that it was authorized to annex the area immediately. The city notified the landowners that they had been removed from the plan and that the city would annex them immediately. The landowners petitioned the city to be placed back in the annexation plan and argued unsuccessfully that, while the city was authorized to remove them from the plan, the city would be bound by the waiting periods under Tx.LGC §43.052. The court rejected the landowners' argument and granted summary judgment in favor of the city. Thus, the question of whether land that was included by a city in an annexation plan, but that was not technically required to be in the plan, may be removed without incurring the time penalties in Tx.LGC §43.052, has been answered affirmatively by at least one state district court. Annexation Completion Deadlines and Restrictions: The annexation of the areas identified in the Annexation Plan must be completed before the 31st day after the third (3rd) anniversary of the date the area was included in the annexation plan. If the annexation is not completed within the prescribed period, the City may not annex the areas proposed for annexation before the fifth (5th) anniversary of the last day for completing an annexation. Written Notice and Internet Posting Requirement Written Notice Requirement: Prior to the 90th day after the date the City adopts or amends the Annexation Plan, the City shall give written notice to (1) each property owner in the affected area, as indicated by the appraisal records furnished by the appraisal district for each county in which the affected area is located; (2) each public entity, as defined by Tx.LGC §43.053, or private entity that provides services in the area proposed for annexation; and (3) each railroad company that serves the municipality and is on the municipality's tax roll if the company's right-of way is in the area proposed for annexation. The notice shall state that the area has been included in or removed from the municipality's annexation plan. A "public entity" includes a municipality, county, fire protection service provider, including a volunteer fire department, emergency medical services provider, including a volunteer emergency medical services provider, or a special district, as that term is defined by Tx.LGC §43.052. Id. at Tx.LGC ~43.053(a). Page - 3 The City must also provide the written notice to all school districts located in an area to be annexed within the period prescribed for publishing of the first public hearing. Internet Posting Requirement: In addition to the above written notice requirement, since the City has an Internet website, the Clty is required to: (1) post and maintain the posting of the Annexation Plan on the City's Internet website; (2) post and maintain the posting of any amendments to include all areas in the Annexation Plan until the date the areas are annexed; and (3) post and maintain the posting of any amendments to remove any areas from the Annexation Plan until the date the City may again include the area in the Annexation Plan. Inventory of Services and Facilities - Tx.LGC ~ 43.053: Prepare an Inventory of Services and Facilities: Per Tx.LGC §43.053, the City of Denton must compile a comprehensive Inventory of Services and Facilities provided by public and private entities, directly or by contract, in each area proposed for annexation, after adopting or amending the Annexation Plan. The Inventory of Services and Facilities must include all services and facilities the City is required to provide or maintain following the annexation. This Inventory of Services and Facilities must be completed, and made available for public inspection, on or before the 60th day after the date the City receives the required information from service providers in the area. Id. at Tx. LGC X43.053 (g). To accomplish this task, the City is required to request, in the notice required under Tx.LGC § 43.05. (1), the information necessary to complete the inventory from all public and private providers. Additionally, the public and private providers are required to provide the information requested by the City within 90 days of receipt of the request; however, the service provider and the City may agree to extend the period for providing the information. Should a provider fail to provide the necessary information within the 90 day period, the City is not required to include the information in the inventory. Id. at Tx. LGC X43.053 (c) . The City may monitor the services provided and verify the information provided. Id. at Tx. LGC X43.053 (h). Information required to be Included in the Inventory of Services: The information required in the Inventory of Services and Facilities shall be based on the services and facilities provided during the year preceding the date the City adopts the Annexation Plan or amended the Annexation Plan to include additional areas. Per Tx.LGC 43.053(e), the information required to be provided by service providers, and included in the Inventory of Services and Facilities, must include the type of service provided, the method of service delivery, and the following information: (e) For utility facilities, roads, drainage structures and other infrastructure provided or maintained by public or private entities, the inventory must include: (1) an engineer's report that describes the physical condition of all infrastructure elements in the area; and Page - 4 (2) a summary of capital, operational and maintenance expenditures for that in rastructure. For police, fire and emergency medical services provided by public or private entities, the inventory must include: (1) the average dispatch and delivery time; (2) a schedule of equipment including vehicles; (3) a staffing schedule that discloses the certification and training levels of personnel; and (4) a summary of operating and capital expenditures. Tx.LGC § 43.053(c),(e) and Prepare a Service Plan Tx.LGC § 43.056 sets forth the requirements relating to scheduling for the provision of municipal services. The City must complete a Service Plan for the areas included in the Annexation Plan before the first (1St) day of the 10th month after the month in which the Inventory of Services is completed. Id. at ~43.056(a). The Service Plan must provide for "full municipal services" in the annexed area no later than two and one-half (21/2) years after the effective date of the annexation unless: (1) the City cannot reasonably provide certain services within that period; and (2) the City proposes a schedule for providing the services that extends not longer than four and one-half (41/2) years after the effective date of the annexation. Id. at ~43.056(b). Tx.LGC ~43.056(c) defines "full municipal services" as "services provided by the annexing municipality within its full-purpose boundaries, including water and wastewater services and excluding gas or electrical service." Immediate Services: The City is required to provide the following services on the effective date of the annexation: (1) police protection; (2) fire protection; (3) emergency medical services; (4) solid waste collection, except as provided by subsection (o). Subsection (o) provides that amunicipality is not required to provide collection service to a person who continues to use the collection services of a privately owned collection service; (5) operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; (6) operation and maintenance of roads and streets, including road and street lighting; (7) operation and maintenance of parks; and (8) operation and maintenance of any other publicly owned facility, building or service. Page - 5 Acquisition and Construction of Capital Improvements: Per Tx.LGC §43.056(e), the Service Plan must provide that construction of capital improvements must be substantially completed within 21/2 years; however, the Service Plan may be amended to extend this time if construction is proceeding with all deliberate speed. The acquisition or construction of the facilities may be accomplished by purchase, lease or other contract or by the municipality succeeding to the powers, duties assets and obligations of a conservation and reclamation district as authorized or required by law. The construction of facilities shall be a continuous process and be completed as soon as reasonably possible. The requirement that capital improvements must be substantially complete within the period provided for in the Service Plan does not apply to a development project or a proposed development project within an annexed area if the annexation was initiated by petition of the property owners and the municipality and the landowners have agreed, in writing, that the project within that area, because of its size or projected manner of development, is not reasonably expected to be completed within that period. A Service Plan may not: (1) require the creation of another political subdivision; (2) require a landowner in the area to fund the capital improvements necessary to provide municipal services in a manner inconsistent with Chapter 395 unless otherwise agreed to by the landowner; or (3) provide services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the municipality before annexation. Id. at ~43.056(~ Prior to the second (2nd) anniversary of date the area is included in the corporate boundaries of the city by annexation, the City may not prohibit the collection of solid waste in the area by a solid waste management provider, or impose a fee for the collection of solid waste on a person who continues to use the services of a privately owned solid waste management provider. Level of Services: The Service Plan may not provide for services in the annexed area that would reduce the level of fire, police and emergency medical services within the city. Id. at Tx. LGC 43.056(t) (3). Second, the Service Plan must provide the area with a level of services comparable to or superior to the level of services available in other parts of the city with land-uses and population densities similar to those reasonably contemplated or projected in the area; however, if the area had a level of services equal to the services provided within the corporate boundaries of the city the Service Plan must maintain that same level of services. Finally, if the annexed area had a level of services for maintaining the infrastructure of the area superior to the level of services provided within the city, the Service Plan must maintain the infrastructure of the annexed area at a level of services that is equal or superior to the level of services previously enjoyed in the annexed area. Id. at Tx. LGC § 43.056(8) . Page - 6 Timing of Extending Utilities: Tx.LGC §43.056 does not require that the City provide a "uniform level of full municipal services" to each area of the municipality if different characteristics of topography, land use and population density constitute a sufficient basis for providing different levels of service. Id. at ~43.056(m). The analogous subsection in the prior law was the basis of a Texas Attorney General's Opinion, which stated that differences in the levels of services provided in annexed areas and existing areas of the city must be based on differences in topography, land use, and population density. Please see Exhibit 4. It is apparent that a city is not required to extend its services to a newly annexed territory prior to the extension of services to like areas; however, to the extent that services in the annexed area are equal to or superior to those provided in the city boundaries (Id. at ~43.056(g)) applies and the City must maintain that level of services. Length of Validity of Service Plan: A Service Plan is effective for ten (l o) years. A person residing or owning land in an annexed area in a municipality with a population of less than 1.6 million such as the City of Denton, may enforce the Service Plan by applying for a writ of mandamus no later than the second (2nal anniversary of the date the person knew or should have known the municipality was not complying with the Service Plan. Upon application for a writ of mandamus, the City has the burden of proving the services have been provided in accordance with the Service Plan. Id. at Tx. LGC X43.056(1). 1Vegotiations for Services: After conducting holding the hearings as provided by Section 43.0561, the City and the property owners of the area proposed for annexation shall negotiate for the provision of services to the area after annexation or for the provision of services to the area in lieu of annexation. For purposes of these negotiations, the Commissioner's Court of Denton County shall select five (5) representatives to negotiate with the City. Id. at Tx. LGC ~43.0562(a) (1) ~ (b). Annexation of Area Qualified for Agricultural Use Per Tx.LGC §43.035, a municipality is prohibited from annexing land that is appraised for ad valorem tax purposes as land for agricultural use under Chapter 23 of the Texas Tax Code unless the municipality offers to make a fifteen (15) year development agreement with the landowner under Tx.LGC §212.172 of the Texas Local Government Code and the landowner refuses. The proffered development agreement may not exceed forty-five (45) years, and must guarantee the continuation of the ETJ status of the qualifying area and authorize the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture. Id. at ~43.035(b). The development agreement restricting the municipality's right to annex all or part of the property is void if the landowner files any type of subdivision plat or related development document for the area regardless of how the area is appraised for ad valorem tax purposes, and that such a development agreement is not a permit under the Vested Rights Act. Id. at ~43.035(d) and (3). Page - 7 EXHIBITS 1. Exhibit 1-Map of Potential Annexation Areas 2. Exhibit 2 -Map of Potential Annexation Areas that Must be Included in an Annexation Plan 3. Exhibit 3 - Texas Attorney's General Opinion. No. GA-0737 (2009) 4. Exhibit 4 - Texas Attorney's General Opinion. No. J1V1-944 (1988) 5. Appendix 1- Tx.LGC § 43.03 5 -Development Agreement for Agricultural Uses 6. Appendix 2 - Tx.LGC § 212.172 -Development Agreement 7. Appendix 3 - Tx.LGC § 43.052 -Annexation Plan 8. Appendix 4 - Tx.LGC § 43.053 - Inventory of Services and Facilities 9. Appendix 5 - Tx.LGC § 43.056 - Provision of Services (Service Plan) 10. Appendix 6 - Tx.LGC § 43.0562 -Negotiations Prepared by: Mark A. Cunningham, AICP Director, Planning and Development Division Respectfully submitted: Fred Greene Assistant City Manager Page - 8 EXHIBIT 1 Potential Annexation Areas 11,965 Acres 2009Anney,an l Base Map Legend l .rmnArEas ~ -emoa era - a aanrnewmv:n .n city umix mn Ff-1:4'2., City of Dentoo l i Page - 9 EXHIBIT 2 Proposed Annexation Areas that Must be Included in an Annexation Plan (DH, 7, 9 and 12) City of De_i?tuti 12 ' r z 4 ' I J i r r 3 11 Page - 10 EXHIBIT 3 Whether a municipality engaged in the process of annexing territory may use section 43.052(h)(1) of the Local Government Code under various circumstances ~~r .f ' ~r ~ ~ ~ ~ T~T September 3, 2009 The Honorable Elizabeth Murray-Kolb Opinion No. GA-0737 Guadalupe County Attorney Re: Whether a municipality engaged in the 101 East Court Street, Suite 104 process of annexing territory may use section Seguin, Texas 78155-5779 43.052(h)(1) of the Local Government Code under various circumstances (RQ-0745-GA) Dear Ms. Murray-Kolb: You make several inquiries about an annexation undertaken by the City of Cibolo (the "City"). (1) Your first two questions relate to annexations under Local Government Code section 43.052. See Request Letter at l; see also Tex. Loc. Gov't Code Ann. § 43.052 (Vernon 2008). Your third question concerns annexation service plans under Local Government Code section 43.056. See Request Letter at l; see also Tex. Loc. Gov't Code Ann. § 43.056 (Vernon 2008). Subsection (c) of section 43.052 requires a municipality to prepare an annexation plan identifying areas that maybe annexed beginning on the third anniversary of the date the plan is adopted or amended, commonly referred to as a three-year plan. See Tex. Loc. Gov't Code Ann. § 43.052(c) (Vernon 2008); City of Rockwall v. Hughes, 246 S.W.3d 621, 623 (Tex. 2008). Subsection (h)(1) provides, however, that "[t]his section [43.052] does not apply to an area proposed for annexation if ...the area contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract[.]" Tex. Loc. Gov't Code Ann. § 43.052(h)(1) (Vernon 2008). You first ask whether the exception provided at Local Government Code section 43.052(h)(1) may be utilized "if there is not a residence on each tract of the area proposed for annexation." Request Letter at 1. You explain that the City annexed an area referred to as Tract "A" that is composed offifty-seven lots, only fifty-six of which contain a residence. Id. at 2. Your question raises issues of statutory construction. In construing a statute, we must ascertain the Legislature's intent in enacting the statute. State v. Shumake, 199 S.W.3d 279, 284 (Tex. 2006). We look first to the statutory language in attempting to understand that intent. Leland v. Brandal, 257 S.W.3d 204, 206 (Tex. 2008). Section 43.052(h)(1) excepts from the requirements of section 43.052 an area proposed for annexation that "contains Page -11 fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract. "Tex. Loc. Gov't Code Ann. § 43.052(h)(1) (Vernon 2008) (emphasis added). The emphasized language modifies the phrase "100 separate tracts of land," such that the area must contain fewer than one hundred of the type of tracts described by that phrase. Determining the meaning of the word "contains" is key in understanding whether the exception allows a city to annex additional tracts on which no residential dwelling place is located. The transitive verb "contain," in its usual and ordinary sense, means "comprise, include." Merriam-Webster's Collegiate Dictionary 269 (1 lth ed. 2005); see also Tex. Gov't Code Ann. § 311.011(a) (Vernon 2005) (indicating that words shall be "construed according to the rules of grammar and common usage"). (2) Which of the two meanings is ascribed to the word contains has a significant impact on the application of the statute. The term "include" is typically a term of enlargement, "not of limitation or exclusive enumeration." Tex. Gov't Code Ann. § 311.005(13) (Vernon 2005); see also Leach v. State,170 S.W.3d 669, 672-73 (Tex. App.--Fort Worth 2005, pet. ref d) (interpreting the term "including" as one of enlargement and not limitation). Thus, it can be argued that the Legislature used the word "contains" to indicate that while the area annexed under the exception must include fewer than one hundred of the type of tracts described in (h)(1), it can also include other types of tracts. Conversely, it can be argued that the Legislature chose not to use the word "include" because it intended the word "contains" to mean "comprise," which in its ordinary sense means "to be made up of and is commonly used to imply there can be no other thing than that which is specifically listed. Merriam-Webster's Collegiate Dictionary 256 (11 th ed. 2005) (defining "comprise"); The New Oxford American Dictionary 859 (2001) (explaining that in its usage "[i]nclude has a broader meaning than comprise"). Section 43.052(h)(1) is not a model of clarity. Under the plain language of the statute, it would be possible to apply either of the two meanings to the word "contains," each of which would yield a different result. Thus, because the Legislature was not clear about which of the two possible meanings it intended to apply, we should consider the object sought to be attained, circumstances of enactment, and the legislative history in construing the meaning of section 43.052(h)(1). See Tex. Gov't Code Ann. § 311.023 (Vernon 2005) (providing a court may consider the object sought to be attained, circumstances of enactment, and legislative history when construing a statute). The requirement for athree-year plan, as enacted in Senate Bill 89, was intended to address perceived problems with the annexation ofhighly-populated and built-out areas. (3) Statements made during the floor debate on the language that ultimately became section 43.052(h)(1) indicate that the purpose of the exception is to set a ceiling regarding the level of development that may exist in an area annexed under section 43.052(h)(1), and not to prohibit the annexation of "vacant land" or "open tracts." Debate on Tex. S.B. 89 on the Floor of the House, 76th Leg., R.S. (May 24, 1999) (statements of Representative Bosse) (tape available from House Video/Audio Services). Taken together, this appears to indicate that the Legislature intended for the word "contains" to mean "include" in this context. Moreover, Texas courts have characterized section 43.052(h)(1) as applying to the annexation of "sparsely-populated," "rural," and "predominately unimproved" land. (4) See Hughes, 246 S.W.3d at 623-24 (explaining that section 43.052(h)(1) applies to "sparsely- Page -12 populated" areas); id. at 633 (Willet, J., dissenting) (indicating the exception allows for the "quick annexation of rural land"); In re Spiritas Ranch Enters., L.L.P., 218 S.W.3d 887, 895 (Tex. App.--Fort Worth 2007, no pet.) [S]ection 43.052(h)(1) ...provides that a municipality is not required to include sparsely populated and predominately unimproved land in its three-year plan. (footnote omitted); J1VC Partners Denton, LLC v. City of Denton,190 S.W.3d 790, 791(Tex. App.--Fort Worth 2006, pet. denied) (section 43.052(h)(1) "provides that a municipality is not required to include sparsely populated and predominately unimproved land in its three-year plan"). Although we find no court that has specifically considered the question you raise, the courts' characterizations of section 43.052(h)(1) are consistent with our understanding of the purpose of the exception--to establish a ceiling regarding the level of development that may exist in an area annexed under the exception. It is also instructive that when courts have reviewed the application of section 43.052(h)(1) in situations in which there is not a residence on each tract, nothing in those opinions indicates that the annexations are prohibited. ~5~ Based upon the ordinary meaning of the word "contains," the object sought to be attained, the circumstances of enactment, the legislative history, and the characterization ofthis exception by the courts, we conclude that the (h)(1) exception may be utilized even though there is not a residence on each tract of the area proposed for annexation. Thus, the single vacant lot at issue here is irrelevant in determining whether the area contains fewer than one hundred tracts upon which a residential dwelling is located. While we reach this decision, we do so with some reluctance. Given the importance of the annexation laws to property owners and municipalities, this is an issue that would be better addressed through legislative clarification. One brief received in our office argues that construing the word "contains" to mean "include" will "create[] an incongruous result" if applied to the remainder of chapter 43, noting that, under the general rules of statutory construction, "legislative intent must be determined from the entire act" and that "the meaning of particular words in a statute may be ascertained by reference to other words associated with them in the same statute." (6) The brief specifically cites to section 43.0546(4)(5), which provides that a prohibition against the annexation of certain narrow strips of land does not apply to territory "that contains fewer than 50 inhabitants." Allen Brief at 4; Tex. Loc. Gov't Code Ann. § 43.0546(4)(5) (Vernon 2008). The brief argues that under the construction we use here, the section 43.0546(4)(5) provision would mean "that the territory could have more than 50 inhabitants so long as the territory has fewer than 50 inhabitants." Allen Brief at 4. The brief also suggests that our construction renders the phrase "on each tract" surplusage. Id. In response to the briefer's arguments, we note first that the usual rules of statutory construction cited will give way when "there [is] something in the context or the nature of things to indicate that [the Legislature] intended a different meaning." Brown v. Darden, 50 S.W.2d 261, 263 (Tex. 1932). There are instances when the same term is given a different meaning in different sections of a statute because of the context in which the word is found. See, e.g., Paddock v. Siemoneit, 218 S.W.2d 428, 583 (Tex. 1949). Thus, the construction of the term "contains" under section 43.052(h)(1) does not necessarily apply to any other statutory provision in chapter 43. More importantly, we do not agree that construing the term "contains" to mean "include" has the result suggested by the briefer. We do not suggest that an area proposed for annexation can contain more than one-hundred separate tracts of Page -13 land on which a dwelling is located but rather that the area may contain other types of tracts, such as vacant or open tracts. As for the phrase "on each tract," we believe its purpose at the end of the modifying phrase is to clarify that the "fewer than 100" applies to tracts with dwellings, rather than the total number of dwellings in the annexed area. See In re Estate of Nash, 220 S.W.3d 914, 918 (Tex. 2007) (explaining that the Legislature may repeat itself or emp asis). Your second question is "whether a municipality can even utilize the exceptions set forth in Section 43.052(h) when said municipality has never adopted a" three-year plan. Request Letter at 1. We understand you to ask whether a municipality, pursuant to its fundamental authority, may annex territory under section 43.052(h) if the municipality has not adopted a three-year plan. Courts have held that section 43.052's requirement to adopt athree-year annexation plan is procedural in nature and does not go to the inherent authority of a city to annex territory. See Werthmann v. City of Fort Worth,121 S.W.3d 803, 807 (Tex. App.-- Fort Worth 2003, no pet.); City of Balch Springs v. Lucas,101 S.W.3d 116,122 (Tex. App.- -Dallas 2002, no pet.); City of San Antonio v. Hardee, 70 S.W.3d 207, 212 (Tex. App.--San Antonio 2001, no pet.). As such, an annexation under section 43.052(h) is not void because of a municipality's failure to adopt athree-year plan. Finally, you ask whether a municipality may, in its annexation service plan, require residents of an area annexed under section 43.052(h)(1) to "pay for the capital improvements necessary to provide [m]unicipal [s]ervices[.]" Request Letter at 1. Before annexing an area, a municipality must complete a service plan that provides for the extension of municipal services to the territory being annexed. See Tex. Loc. Gov't Code Ann. § 43.056(b) (Vernon 2008); see also id. § 43.065(b) (providing that section 43.056(b)- (o) applies to the annexation of an area under the subchapter C-1 procedures). "A service plan may not require a landowner in the area to fund the capital improvements necessary to provide municipal services in a manner inconsistent with Chapter 395." Id. § 43.0560(2). Chapter 395 applies only to impact fees, which are defined as "a charge or assessment imposed by a political subdivision against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to the new development." Id. § 395.001(4) (Vernon 2005). A determination as to whether a particular property development fee constitutes an impact fee under chapter 395 requires the resolution of questions of fact that cannot be resolved in an attorney general opinion. See Tex. Att'y Gen. Op. Nos. GA-0637 (2008) at 5, GA-0482 (2006) at 3. SUMMARY While the statute would benefit from legislative clarification, we conclude that section 43.052(h)(1) of the Local Government Code does not require that a residence be located on each tract of the area proposed for annexation. An annexation undertaken pursuant to section 43.052(h) is not void if the municipality fails to adopt athree-year annexation plan. Whether a service plan requires a landowner to fund a capital improvement in a manner inconsistent with Local Government Code chapter 395 requires the resolution of questions of fact that cannot be determined in an attorney general opinion. Very truly yours, Page -14 GREG ABBOTT Attorney General of Texas ANDREW WEBER First Assistant Attorney General JONATHAN K. FRELS Deputy Attorney General for Legal Counsel NANCY S. FULLER Chair, Opinion Committee Christy Drake-Adams Assistant Attorney General, Opinion Committee Footnotes 1. Request Letter at 1(available at http://www.texasattorneygeneral.gov). 2. We find at least one Texas court that has recognized the word "contain" to mean "to comprise, include." See Cunningham v. State, No. 06-03-00094-CR, 2004 WL 2070816, at ~ 12 (Tex. App.--Texarkana Sept. l 7, 2004, pet. ref d) (not designated for publication). 3 . In 2003, legislation was proposed to delete the section 43.052(h)(1) exception. See Tex. H.B. 2202, 78th Leg., R.S. (2003). In a public hearing before the Land and Resource Management Committee, Representative Mowery described the bill as one that would "strike[] the 100 roof top exemption." Hearings on Tex. H.B. 2202 Before the House Comm. on Land ~ Resource Hgmt., 78th Leg., R.S. (Apr. 30, 2003). A witness explains the circumstances of the enactment and purpose of section 43.052(h)(1): In the late '90's, the character of annexations started to change. Kingwood is the best example of that. Kingwood was a residential subdivision outside of Houston, had a population in the tens of thousands. And the City went to annex that piece of property and the residents weren't happy with the services they received after the annexation. Now, contrary to popular belief, Senate Bill 89, which was designed to fix that Kingwood problem, wasn't enacted to restrict a city's ability to annex. Id. (statement of Scott Houston, Tex. Mun. League) (tape available from House Video/Audio Services). 4. While not dispositive, it appears from the briefing received by our office that cities routinely use section 43.052(h)(1) to annex areas that include unimproved tracts. See Request Letter at 4; Brief from Scott N. Houston, Director of Legal Services, Texas Municipal League, at 3 (Oct. 21, 2008) (on file with the Opinion Committee). 5. In In re Spiritas, the area annexed pursuant to section 43.052(h)(1) is described as consisting of "1,103 acres of nonresidential properties." In re Spiritas, 218 S.W.3d at 891. And in the Hughes case, the area annexed under section 43.052(h)(1) is described by the City of Rockwall as including tracts that do not contain residential dwellings. See City of Rockwall's Brief on the Merits, at 2 [T]he City staff has determined that out of 13 tracts in the said 725-acre Tract A, 5 tracts have residential dwellings [and] are well within the Page -15 exception in section 43.052(h)(1).... Moreover, the City of Fort Worth in an amicus brief filed in the Hughes case explains that "Fort Worth has completed 62 expedited annexations of vacant and undeveloped land under section 43.052(h)(1)." See Brief on the Merits of Amicus Curiae City of Fort Worth in Support of the City of Rockwall, at v. 6. See Brief from Joe B. Allen, on behalf of Grid Raceplex Holdings, Ltd., at 3-4 (Dec. 12, 2008) (on file with the Opinion Committee) [hereinafter Allen Brief]. Home ~ Opinions Page -16 EXHIBIT 4 Provision of sewer service by a municipality to newly annexed territory (RQ- 1380) Office of the Attorne General Y State of Texas August 23,1988 Honorable Mark W. Stiles Opinion No. JM-944 Chairman County Affairs Committee Re: Provision of sewer service by a Texas House of Representatives municipality to newly annexed P. 0. Box 2910 territory (RQ-13 80) Austin, Texas 78769 Dear Representative Stiles: You ask three questions with regard to the proposed annexation of the Commanche Hills Utility District [CRUD] by the City of Harker Heights. The first we address is: Can a city annex in one year an amount of area under thirty percent (30%) of its incorporated area as of January 1 of that year and then in the same year also annex a municipal utility district which encompasses an area equal to sixty percent of the city's incorporated area as of January 1 of that year? We assume that by 'municipal utility district' you mean to refer to the Commanche Hills Utility District [CRUD] . We do not find, however, that the CRUD is a municipal utility district. The law creating the district referred to it as a 'conservation and reclamation district.' Acts 1967, 60th Leg., ch. 624, s 1. Section 5 of that act provides that CRUD shall have the rights, powers, etc., applicable to a 'water control and improvement district' to the extent such rights, Page -17 powers, etc., are not inconsistent with the provisions of the act. CHUD under its creating act, appears to be a'water or sewer district' within the meaning of section 43.071 of the Local Government Code. Section 43.071, provides in part: (a) In this section, 'water or sewer or district' means a district or authority created under Article III, Section 52, Subsections (b)(1) and (2), or under Article XVI, Section 59, of the Texas Constitution that provides or proposes to provide, as its principal function, water services or sewer services or both to household users. The term does not include a district or authority the primary function of which is the whole-sale distribution of water. (b) A municipality may not annex area in a water or sewer district unless it annexes the entire part of the district that is outside the municipality's boundaries. This restriction does not apply to the annexation of area in a water or sewer district if the district is wholly or partly in the extraterritorial jurisdiction of more than one municipality. (c) An annexation subj ect to Subsection (b) is exempt from the provisions of this chapter that limit annexation authority to a municipality's extraterritorial jurisdiction if: (1) immediately before the annexation, at least one-half of the area of the water or sewer district is in the municipality or its extraterritorial jurisdiction; and (2) the municipality does not annex in the annexation proceeding any area outside its extraterritorial jurisdiction except the part of the district that is outside its extraterritorial j urisdiction. (d) Area annexed under Subsection (b) is included in computing the amount of area that a municipality may annex under Section 43.055 in a calendar year. If the area to be annexed exceeds the amount of area the municipality would otherwise be able to annex, the municipality may annex the area but may not annex additional area during the remainder of that calendar year, except area subj ect to Subsection (b) and area that is excluded from the computation under Section 43.055. (Emphasis added.) Section 43.071(4) refers to the limitations on amount of territory which maybe annexed in a year under section 43.055. Section 43.055 reads: (a) In a calendar year, a municipality may not annex a total area greater than 10 percent of the incorporated area of the municipality as of January 1 of that year, plus any amount of area carried over to that year under Subsection (b). In determining the total area annexed in a calendar year, an annexed area is not Page -18 included if it is: (1) annexed at the request of a maj ority of the qualified voters of the area and the owners of at least 50 percent of the land in the area; (2) owned by the municipality, a county, the state, or the federal government and used for a public purpose; (3) annexed at the request of at least a majority of the qualified voters of the area; or (4) annexed at the request of the owners of the area. (b) If a municipality fails to annex in a calendar year the entire 10 percent amount permitted under Subsection (a), the municipality may carry over the unused allocation for use in subsequent calendar years. (c) A municipality carrying over an allocation may not annex in a calendar year a total area greater than 30 percent of the incorporated area of the municipality as of January 1 of that year. ~FN 1 ~ (Emphasis added.) Because your question is based on the city's having annexed 'under thirty percent of its incorporated area,' we assume that the City of Harker Heights has carried over allocations from previous years pursuant to subsections (b) and (c) of section 43.055. In the circumstances you describe, the city has authority, under section 43.071(4), to annex the territory involved. Your other two question are: (1) If a city provides sewer service and has previously extended sewer lines within its existing city limits and such city annexes an area that has no sewer service, is the city required to extend lines to those newly annexed areas with land uses and population densities similar to the ones in the previous city limits? (2) If a city provides sewer service but has not previously extended sewer lines within its existing city limits and such city annexes an area that has no sewer service, is the city required to extend lines to those newly annexed areas with land uses and population densities similar to the ones in the previous city limits? (Emphasis added.) We note first that we find no requirement in the pertinent statutory provisions that a higher level of services be provided in any area to be annexed than are provided in an area of the city having similar characteristics of topography, land utilization, and population density. Section 43.056 of the Local Government Code speaks only of maintenance of existing services, in subsection (b)(4), and Page -19 uniform levels of services in subsection (d). Therefore, in answer to question number 2, we conclude that no extension of sewer services to annexed areas is required, either in factor under a'service plan,' where such services are not provided in equivalent areas within the existing city limits. Moreover, turning to question number 1, we further conclude that a city may in no case literally be required to provide any given services to annexed areas. Section 43.056 of the Local Government Code requires an annexing city to develop a'service plan' for provision of services to the annexed area: (a) Before the publication of the notice of the first hearing required under Section 43.052, the governing body of the municipality municipality proposing the annexation shall direct its planning department or other appropriate municipal department to prepare a service plan that provides for the extension of municipal services to the area to be annexed. The municipality shall provide the services by any of the methods by which it extends the services to any other area of the municipality. (b) The service plan must include a program under which the municipality will provide the following services in the area within 60 days after the effective date of the annexation of the area: (1) police protection; (2) fire protection; (3) solid waste collection; (4) maintenance of water and wastewater facilities; (5) maintenance of roads and streets, including road and street lighting; (6) maintenance of parks, playgrounds, and swimming pools; and (7) maintenance of any other publicly owned facility, building, or service. (c) The service plan must also include a program under which the municipality will initiate the acquisition or construction of capital improvements necessary for providing municipal services for the area. The construction shall begin within 21 /2 years after the effective date of the annexation of the area. The acquisition or construction of the facilities shall be accomplished by purchase, lease, or other contract or by the municipality succeeding to the powers, duties, assets, and obligations of a conservation and reclamation district as authorized or required by law. Money received from the sale of bonds or evidenced by other instruments of indebtedness may not be allocated to the area for a period Page - 20 of 180 days. (d) A service plan may not provide fewer services or a lower level of services in the area than were in existence in the area immediately preceding the date of the annexation. This section does the require that a uniform level of services be provided to each area of the municipality if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. (e) If only a part of the area to be annexed is actually annexed, the governing body shall direct the department to prepare a revised service plan for that part. The proposed service plan must be made available for public inspection and explained to the inhabitants of the area at the public hearings held under Section 43.052. The plan maybe amended through negotiation at the hearings, but the provision of any service may not be deleted. On completion of the public hearings, the service plan shall be attached to the ordinance annexing the area and approved as part of the ordinance. (g) On approval by the governing body, the service plan is a contractual obligation that is not subject to amendment or repeal except that if the governing body determines at the public hearings required by this subsection that changed conditions or subsequent occurrences make the service plan unworkable or obsolete, the governing body may amend the service plan to conform to the changed conditions or subsequent occurrences. An amended service plan must provide for services that are comparable to or better than those established in the service plan before amendment. Before any amendment is adopted, the governing body must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.052. (h) A service plan is valid for 10 years. Renewal of the service plan is at the discretion of the municipality. (i) A municipality that annexes an area shall provide the area or cause the area to be provided with services in accordance with the service plan for the area. ~FN21(Emphasis added.) In Larkins v. City of Denison, 683 S.w.2d 754 (Tex. App.--Dallas 1984, no writ), landowners of an area which was the subj ect of a city annexation ordinance sought injunctive relief from the ordinance on the grounds that the city 'did not have the resources necessary to implement the services which art. 970a (Vernon's 1963 and Vernon Supp.1984) requires it to provide for newly annexed areas.' Id. at 755. See Local Gov't Codes 43.056 (present codification of article 970a). The court overruled the appellant landowners' contention in this regard and affirmed the trial court's denial of injunctive relief, holding that Page - 21 section 10(F) of article 970a (currently codified as section 43.141 of the Local Government Code), provided disannexation as the exclusive remedy for the city's failure to meet the service plan if and when such failure occurs. The court also ruled with respect to the appellants' contentions that the annexation was fraudulent and/or improperly motivated as follows: It iswell-settled that the determination of municipal boundaries is a question for political rather than judicial resolution. [Citation omitted.] Under article 970a, the legislature delegated its powers in this regard to the cities, subject to certain limitations. Because those limitations apply to the location of the annexed area rather than to the purposes for which annexation is sought, appellants may not judicially challenge the validity of the annexation ordinance on the basis that it was improperly motivated. Id. at 756. Thus, despite the language of, for example, subsections (a) and (i) of section 43.056, to the effect that the municipality 'shall' provide services, it would appear in light of Larkins that the exclusive remedy for the city's not providing such services in accordance with the service plan is disannexation under current section 43.141 of the Local Government Code. We construe your question then as asking whether a city proposing to annex an area is required to provide in the service plan required by section 43.056 for the sewer service extensions about which you inquire. FN3 Differences in levels of service provided annexed areas and existing areas of the city must be based on differences, or reasonably contemplated differences in topography, land use, and population density. Section 43.056, subsection (d). It is the prerogative of the city, in the first instance, to make determinations in the service plan about levels of service in annexed areas. FN4 If the service plan adopted were itself legally defective to the extent of being void orvoidable--for example, if it were not adopted in compliance with the hearings requirements of section 43.052, or if it did not reflect any consideration by the city of differences in topography, land use, and population density factors--we believe an aggrieved party might obtain relief by way of an injunction action, or by way of a quo warranto proceeding brought by the state. SUMMARY If all other legal requirements are met, the City of Harker Heights may annex the Commanche Hills Utility District, even though the city has annexed, in the same year, other territory equalling up to thirty percent of the city's territory. A city may not literally be required to provide services to an annexed area. If the city does not provide services in accordance with the service plan developed pursuant to Local Government Code section 43.056, disannexation under Page - 22 section 43.141 is the exclusive remedy available to aggrieved persons. The determination of the city governing body whether the topography, land use, and population density factors are a sufficient basis for providing a given level of services under section 43.056, subsection (d), is in the first instance the prerogative of the annexing city. However, a service plan which is itself legally defective might be subj ect to relief other than disannexation. Very truly yours, r 'ti • - h. Jim Mattox Attorney General of Texas Mary Keller First Assistant Attorney General Lou McCreary Executive Assistant Attorney General Judge Zollie Steakley Special Assistant Attorney General Rick Gilpin Chairman Opinion Committee Prepared by William Walker Assistant Attorney General Footnotes FNI. Acts 1987, 70th Leg., ch. 1077 added language to these provisions, which takes effect as part of the Local Government Code pursuant to V.T.C.A. Government Code and section 311.031. None of the provisions of the amendatory act, however, alter the conclusions we reach here with respect to t e issues presente . Page - 23 FN2. See footnote 4. FN3. The City of Austin in its brief in this matter suggested that sewer extensions may not be among the services contemplated by section 43.056. The only specific reference to sewer services in section 43.056 is found in subsection (b)(4) of that section, which requires provision in the service plan for 'maintenance of water and wastewater facilities' within 60 days of the date of annexation (emphasis added). Subsection (a) of section 43.056, however, provides in part: [T]he governing body of the municipality proposing the annexation shall direct its planning department or other appropriate municipal department to prepare a service plan that provides for the extension of municipal services to the area to be annexed. The municipality shall provide the services by any of the methods by which it extends the services to any other area of the municipality. (Emphasis added.) Subsection (c) of that section provides in part: The service plan must also include a program under which the municipality will initiate the acquisition or construction of capital improvements necessary for providing municipal services for the area. The construction shall begin within 2 1 /2 years after the effective date of the annexation of the area. We believe that the restriction of wastewater services to 'maintenance' of existing services applies only to the requirement of subsection (b) that maintenance of such services be provided within 60 days of annexation, but that subsections (a) and (c) clearly contemplate extension, i.e., improvement of such services. Therefore, sewer extensions are, we believe, 'municipal services' within the meaning of section 43.056. FN4. Acts 1987, 70th Leg., ch. 1077 amended section 10 of article 970a, now codified in the Local Government Code, by, inter alia, adding the following underlined language to the provision now codified as the first sentence of section 43.056, subsection (d) of the Local Government Code. In no event shall a service plan provide fewer services or a lower level of services in the area to be annexed than were inexistence in that area at the time immediately preceding the annexation or which are otherwise available in other areas of the city with land uses and population densities similar to those reasonably contemplated or proj ected in the newly annexed area. Pursuant to Government Code section 311.031(c) the amendment takes effect as part of the Local Government Code. However, a reading of this amendment does not alter our conclusion that the determination of whether topography, land use, and population density factors warrants provision of a given level of Page - 24 services is a political matter subj ect to the consideration given the relevant factors by the city. Note that this amendatory act also amended other provisions now codified under section 43.056, but again we do not find that such amendments affect the conclusions we reach here. Texas OAG home pa, Opinions & Open Government Page - 25 APPENDIX 1 Tx.LGC Section 43.035 -Areas with Agricultural, Wildlife management and Timberland Uses. § 43.035. Authority of Municipality to Annex Area Qualified for Agricultural or Wildlife Management Use or as Timber Land (a) This section applies only to an area: (1) eligible to be the subject of a development agreement under Subchapter G, Chapter 212; and (2) appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter. (b) A municipality may not annex an area to which this section applies unless: (1) the municipality offers to make a development agreement with the landowner under Section 212.172 that would: A. guarantee the continuation of the extraterritorial status of the area; and B. authorize the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and (2) the landowner declines to make the agreement described by Subdivision (1). (c) For purposes of Section 43.021 or another law, including a municipal charter or ordinance, relating to municipal authority to annex an area adjacent to the municipality, an area adjacent or contiguous to an area that is the subject of a development agreement described by Subsection (b)(1) is considered adjacent or contiguous to the municipality. (d) A provision of a development agreement described by Subsection (b)(1) that restricts or otherwise limits the annexation of all or part of the area that is the subject of the agreement is void if the landowner files any type of subdivision plat or related development document for the area with a governmental entity that has jurisdiction over the area, regardless of how the area is appraised for ad valorem tax purposes. (e) A development agreement described by Subsection (b)(1) is not a permit for purposes of Chapter 245. Page - 26 APPENDIX 2 Tx.LGC Section 212.172 -Development Agreement § 212.172.Development Agreement. (a) In this subchapter, "extraterritorial jurisdiction" means a municipality's extraterritorial jurisdiction as determined under Chapter 42. (b) The governing body of a municipality may make a written contract with an owner of land that is located in the extraterritorial jurisdiction of the municipality to: (1) guarantee the continuation of the extraterritorial status of the land and its immunity from annexation by the municipality for a period not to exceed 15 years; (2) extend the municipality's planning authority over the land by providing for a development plan to be prepared by the landowner and approved by the municipality under which certain general uses and development of the land are authorized; (3) authorize enforcement by the municipality of certain municipal land-use and development regulations in the same manner the regulations are enforced within the municipality's boundaries; (4) authorize enforcement by the municipality of land-use and development regulations other than those that apply within the municipality's boundaries, as may be agreed to by the landowner and the municipality; (5) provide for infrastructure for the land, including: (A) streets and roads; (B) street and road drainage; (C) land drainage; and (D) water, wastewater, and other utility systems; (6) authorize enforcement of environmental regulations; (7) provide for the annexation of the land as a whole or in parts and to provide for the terms of annexation, if annexation is agreed to by the parties; (8) specify the uses and development of the land before and after annexation, if annexation is agreed to by the parties; or (9) include other lawful terms and considerations the parties consider appropriate. (c) An agreement under this subchapter must: (1) be in writing; (2) contain an adequate legal description of the land; (3) be approved by the governing body of the municipality and the landowner; and Page - 27 (4) be recorded in the real property records of each county in which any part of the land that is subject to the agreement is located. (d) The parties to a contract may renew or extend it for successive periods not to exceed 15 years each. The total duration of the original contract and any successive renewals or extensions may not excee 45 years. (e) A municipality in an affected county, as defined by Section 16.341, Water Code, may not enter into an agreement under this subchapter that is inconsistent with the model rules adopted under Section 16.343, Water Code. The agreement between the governing body of the municipality and the landowner is binding on the municipality and the landowner and on their respective successors and assigns for the term of the agreement. The agreement is not binding on, and does not create any encumbrance to title as to, any end-buyer of a fully developed and improved lot within the development, except for land use and development regulations that may apply to a specific lot. (g) An agreement under this subchapter constitutes a permit under Chapter 245. (h) An agreement between a municipality and a landowner entered into prior to the effective date of this section and that complies with this section is validated. Page - 28 APPENDIX 3 Tx.LGC Section 43.052 -Municipal Annexation Plan Required § 43.052. MUNICIPAL ANNEXATION PLAN REQUIRED (a) In this section, "special district" means a municipal utility district, water control and improvement district, or other district created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution. (b) A municipality may annex an area identified in the annexation plan only as provided by this section. (c) A municipality shall prepare an annexation plan that specifically identifies annexations that may occur beginning on the third anniversary of the date the annexation plan is adopted. The municipality may amend the plan to specifically identify annexations that may occur beginning on the third anniversary of the date the plan is amended. (d) At any time during which an area is included in a municipality's annexation plan, a municipal utility district or other special district that will be abolished as a result of the annexation, excluding an emergency services district, in which the area is located may not without consent of the municipality: (1) reduce the tax rate applicable to the area if the amount that would remain in the debt service fund after the reduction and after subtracting the amount due for debt service in the following year is less than 25 percent of the debt service requirements for the following year; (2) voluntarily transfer an asset without consideration; or (3) enter into a contract for services that extends beyond the three-year annexation plan period other than a contract with another political subdivision for the operation of water, wastewater, and drainage facilities. (e) A municipality may amend its annexation plan at any time to remove an area proposed for annexation. If, before the end of the 18th month after the month an area is included in the three-year annexation cycle, a municipality amends its annexation plan to remove the area, the municipality may not amend the plan to again include the area in its annexation plan until the first anniversary of the date the municipality amended the plan to remove the area. If, during or after the 18 months after the month an area is included in the three- year annexation cycle, a municipality amends its annexation plan to remove the area, the municipality may not amend the plan to again include the area in its annexation plan until the second anniversary of the date the municipality amended the plan to remove the area. Before the 90th day after the date a municipality adopts or amends an annexation plan under this section, the municipality shall give written notice to: (1) each property owner in the affected area, as indicated by the appraisal records furnished by the appraisal district for each county in which the affected area is located, that the area has been included in or removed from the municipality's annexation plan; Page - 29 (2) each public entity, as defined by Section 43.053, or private entity that provides services in the area proposed for annexation; and (3) each railroad company that serves the municipality and is on the municipality's tax roll if the company's right-of way is in the area proposed for annexation. (g) If an area is not removed from the municipality's annexation plan, the annexation of the area under the plan must be completed before the 31st day after the third anniversary of the date the area was included in the annexation plan. If the annexation is not completed within the period prescribed by this subsection, the municipality may not annex the area proposed for annexation before the fifth anniversary of the last day for completing an annexation under this subsection. (h) This section does not apply to an area proposed for annexation if: (1) the area contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; (2) the area will be annexed by petition of more than 50 percent of the real property owners in the area proposed for annexation or by vote or petition of the qualified voters or real property owners as provided by Subchapter B; (3) the area is or was the subject of: A. an industrial district contract under Section 42.044; or B. strategic partnership agreement under Section 43.0751; (4) the area is located in a colonia, as that term is defined by Section 2306.581, Government Code; (5) the area is annexed under Section 43.026, 43.027, 43.029, or 43.031; (6) the area is located completely within the boundaries of a closed military installation; or (7) the municipality determines that the annexation of the area is necessary to protect the area proposed for annexation or the municipality from: A. imminent destruction of property or injury to persons; or B. a condition or use that constitutes a public or private nuisance as defined by background principles of nuisance and property law of this state. i. A municipality may not circumvent the requirements of this section by proposing to separately annex two or more areas described by Subsection (h)(1) if no reason exists under generally accepted municipal planning principles and practices for separately annexing the areas. If a municipality proposes to separately annex areas in violation of this section, a person residing or owning land in the area may petition the municipality to include the area in the municipality's annexation plan. If the municipality fails to take action on the petition, the petitioner may request arbitration of the dispute. The petitioner must request the appointment of an arbitrator in writing to the municipality. Sections 43.0564(b), (c), Page - 30 and (e) apply to the appointment of an arbitrator and the conduct of an arbitration proceeding under this subsection. Except as provided by this subsection, the municipality shall pay the cost of arbitration. If the arbitrator finds that the petitioner's request for arbitration was groundless or requested in bad faith or for the purposes of harassment, the arbitrator shall require the petitioner to pay the costs of arbitration. (j) If a municipality has an Internet website, the municipality shall: (1) post and maintain the posting of its annexation plan on its Internet website; (2) post and maintain the posting on its Internet website of any amendments to include an area in its annexation plan until the date the area is annexed; and (3) post and maintain the posting on its Internet website of any amendments to remove an area from its annexation plan until the date the municipality may again include the area in its annexation plan. Page - 31 APPENDIX 4 § 43.053. Inventory of Services and facilities Required § 43.053. Inventory of Services and facilities Required (a) In this section, "public entity" includes a municipality, county, fire protection service provider, including a volunteer fire department, emergency medical services provider, including a volunteer emergency medical services provider, or a special district, as that term is defined by Section 43.052. (b) After adopting an annexation plan or amending an annexation plan to include additional areas under Section 43.052, a municipality shall compile a comprehensive inventory of services and facilities provided by public and private entities, directly or by contract, in each area proposed for annexation. The inventory of services and facilities must include all services and facilities the municipality is required to provide or maintain following the annexation. (c) The municipality shall request, in the notice provided under Section 43.0520, the information necessary to compile the inventory from each public or private entity that provides services or facilities in each area proposed for annexation. The public or private entity shall provide to the municipality the information held by the entity that is necessary to compile the inventory not later than the 90th day after the date the municipality requests the information unless the entity and the municipality agree to extend the period for providing the information. The information provided under this subsection must include the type of service provided, the method of service delivery, and all information prescribed by Subsections (e) and If a service provider fails to provide the required information within the 90-day period, the municipality is not required to include the information in an inventory prepared under this section. (d) The information required in the inventory shall be based on the services and facilities provided during the year preceding the date the municipality adopted the annexation plan or amended the annexation plan to include additional areas. (e) For utility facilities, roads, drainage structures, and other infrastructure provided or maintained by public or private entities, the inventory must include: (1) an engineer's report that describes the physical condition of all infrastructure elements in the area; and (2) a summary of capital, operational, and maintenance expenditures for that in rastructure. For police, fire, and emergency medical services provided by public or private entities, the inventory must include for each service: (1) the average dispatch and delivery time; (2) a schedule of equipment, including vehicles; (3) a staffing schedule that discloses the certification and training levels of personnel; and Page - 32 (4) a summary of operating and capital expenditures. (g) The municipality shall complete the inventory and make the inventory available for public inspection on or before the 60th day after the date the municipality receives the required information from the service providers under Subsection (c). (h) The municipality may monitor the services provided in an area proposed for annexation and verify the inventory information provided by the service provider. Page - 33 APPENDIX 5 § 43.056. Provision of Services to Annexed Area. § 43.056. Provision of Services to Annexed Area. (a) Before the first (1St) day of the 10th month after the month in which the inventory is prepared as provided by Section 43.053, the municipality proposing the annexation shall complete a service plan that provides for the extension of full municipal services to the area to be annexed. The municipality shall provide the services by any of the methods by which it extends the services to any other area of the municipality. (b) The service plan must include a program under which the municipality will provide full municipal services in the annexed area no later than 2-1 /2 years after the effective date of the annexation, in accordance with Subsection (e), unless certain services cannot reasonably be provided within that period and the municipality proposes a schedule for providing those services. If the municipality proposes a schedule to extend the period for providing certain services, the schedule must provide for the provision of full municipal services no later than 4-1 /2 years after the effective date of the annexation. If the area was annexed after December 1, 1998, and before September 1, 1999, the municipality shall provide sewer services in the annexed area as provided by this subsection, except that, no later than five (5) years after the effective date of the annexation, the municipality may not provide sewer services in the annexed area by means of a package wastewater treatment plant. However, under the program if the municipality provides any of the following services within the corporate boundaries of the municipality before annexation, the municipality must provide those services in the area proposed for annexation on the effective date of the annexation of the area: (1) police protection; (2) fire protection; (3) emergency medical services; (4) solid waste collection, except as provided by Subsection (o); (5) operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; (6) operation and maintenance of roads and streets, including road and street lighting; (7) operation and maintenance of parks, playgrounds, and swimming pools; and (8) operation and maintenance of any other publicly owned facility, building, or service. (c) For purposes of this section, "full municipal services" means services provided by the annexing municipality within its full-purpose boundaries, including water and wastewater services and excluding gas or electrical service. (d) A municipality with a population of 1.5 million or more may provide all or part of the municipal services required under the service plan by contracting with service providers. If the municipality owns a water and wastewater utility, the municipality shall, subject to Page - 34 this section, extend water and wastewater service to any annexed area not within the service area of another water or wastewater utility. If the municipality annexes territory included within the boundaries of a municipal utility district or a water control and improvement district, the municipality shall comply with applicable state law relating to annexation of territory within a municipal utility district or a water control and improvement district. The service plan shall summarize the service extension policies of the municipal water and wastewater utility. (e) The service plan must also include a program under which the municipality will initiate after the effective date of the annexation the acquisition or construction of capital improvements necessary for providing municipal services adequate to serve the area. The construction shall be substantially completed within the period provided in the service plan. The service plan may be amended to extend the period for construction if the construction is proceeding with all deliberate speed. The acquisition or construction of the facilities shall be accomplished by purchase, lease, or other contract or by the municipality succeeding to the powers, duties, assets, and obligations of a conservation and reclamation district as authorized or required by law. The construction of the facilities shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. However, the municipality does not violate this subsection if the construction process is interrupted for any reason by circumstances beyond the direct control of the municipality. The requirement that construction of capital improvements must be substantially completed within the period provided in the service plan does not apply to a development project or proposed development project within an annexed area if the annexation of the area was initiated by petition or request of the owners of land in the annexed area and the municipality and the landowners have subsequently agreed in writing that the development project within that area, because of its size or projected manner of development by the developer, is not reasonably expected to be completed within that period. A service plan may not: (4) require the creation of another political subdivision; (5) require a landowner in the area to fund the capital improvements necessary to provide municipal services in a manner inconsistent with Chapter 395 unless otherwise agreed to by the landowner; or (6) provide services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the municipality before annexation. (g) If the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the municipality before annexation, a service plan must provide the annexed area with 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 municipality with topography, land use, and population density similar to those reasonably contemplated or projected in Page - 35 the area. If the annexed area had a level of services, infrastructure, and infrastructure maintenance equal to the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the municipality before annexation, a service plan must maintain that same level of services, infrastructure, and infrastructure maintenance. Except as provided by this subsection, if the annexed area had a level of services superior to the level of services provided within the corporate boundaries of the municipality before annexation, a service plan must provide the annexed area with a level of services that is comparable to the level of services available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. If the annexed area had a level of services for operating and maintaining the infrastructure of the area, including the facilities described by Subsections (b)(5)-(8), superior to the level of services provided within the corporate boundaries of the municipality before annexation, a service plan must provide for the operation and maintenance of the infrastructure of the annexed area at a level of services that is equal or superior to that level of services. (h) A municipality with a population of 1.6 million or more may not impose a fee in the annexed area, over and above ad valorem taxes and fees imposed within the corporate boundaries of the municipality before annexation, to maintain the level of services that existed in the area before annexation. This subsection does not prohibit the municipality from imposing a fee for a service in the area annexed if the same fee is imposed within the corporate boundaries of the municipality before annexation. (i) If only a part of the area to be annexed is actually annexed, the governing body shall direct the department to prepare a revised service plan for that part. (j) The proposed service plan must be made available for public inspection and explained to the inhabitants of the area at the public hearings held under Section 43.0561. The plan may be amended through negotiation at the hearings, but the provision of any service may not be deleted. On completion of the public hearings, the service plan shall be attached to the ordinance annexing the area and approved as part of the ordinance. (k) On approval by the governing body, the service plan is a contractual obligation that is not subject to amendment or repeal except that if the governing body determines at the public hearings required by this subsection that changed conditions or subsequent occurrences make the service plan unworkable or obsolete, the governing body may amend the service plan to conform to the changed conditions or subsequent occurrences. An amended service plan must provide for services that are comparable to or better than those established in the service plan before amendment. Before any amendment is adopted, the governing body must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.0561. (1) A service plan is valid for 10 years. Renewal of the service plan is at the discretion of the munlclpallty. A person residing or owning land in an annexed area in a municipality with a population of 1.6 million or more may enforce a service plan by petitioning the municipality for a change in policy or procedures to ensure compliance with the service plan. If the municipality fails to take action with regard to the petition, the petitioner may request arbitration of the dispute under Section 43.0565. A person residing or owning land in an annexed area in a municipality with a population of less than 1.6 million may Page - 36 enforce a service plan by applying for a writ of mandamus not later than the second (2nd) anniversary of the date the person knew or should have known that the municipality was not complying with the service plan. If a writ of mandamus is applied for, the municipality has the burden of proving that the services have been provided in accordance with the service plan in question. If a court issues a writ under this subsection, the court: (1) must provide the municipality the option of disannexing the area within a reasonable period specified by the court; (2) may require the municipality to comply with the service plan in question before a reasonable date specified by the court if the municipality does not disannex the area within the period prescribed by the court under Subdivision (1); (3) may require the municipality to refund to the landowners of the annexed area money collected by the municipality from those landowners for services to the area that were not provided; (4) may assess a civil penalty against the municipality, to be paid to the state in an amount as justice may require, for the period in which the municipality is not in compliance with the service plan; (5) may require the parties to participate in mediation; and (6) may require the municipality to pay the person's costs and reasonable attorney's fees in bringing the action for the writ. (m) This section does not require that a uniform level of full municipal services be provided to each area of the municipality if different characteristics of topography, land use, and population density constitute a sufficient basis for providing different levels of service. Any disputes regarding the level of services provided under this subsection are resolved in the same manner provided by Subsection (1). Nothing in this subsection modifies the requirement under Subsection (g) for a service plan to provide a level of services in an annexed area that is equal or superior to the level of services provided within the corporate boundaries of the municipality before annexation. To the extent of any conflict between this subsection and Subsection (g), Subsection (g) prevails. (n) Before the second (2nd) anniversary of the date an area is included within the corporate boundaries of a municipality by annexation, the municipality may not: (1) prohibit the collection of solid waste in the area by a privately owned solid waste management service provider; or (2) impose a fee for solid waste management services on a person who continues to use the services of a privately owned solid waste management service provider. (o) A municipality is not required to provide solid waste collection services under Subsection (b) to a person who continues to use the services of a privately owned solid waste management service provider as provided by Subsection (n). Page - 37 APPENDIX 6 § 43.0562. NEGOTIATIONS REQUIRED. (a) After holding the hearings as provided by Section 43.0561: (1) if a municipality has a population of less than 1.6 million, the municipality and the property owners of the area proposed for annexation shall negotiate for the provision of services to the area after annexation or for the provision of services to the area in lieu of annexation under Section 43.0563; or (2) if a municipality proposes to annex a special district, as that term is defined by Section 43.052, the municipality and the governing body of the district shall negotiate for the provision of services to the area after annexation or for the provision of services to the area in lieu of annexation under Section 43.0751. (b) For purposes of negotiations under Subsection (a)(1), the commissioners court of the county in which the area proposed for annexation is located shall select five representatives to negotiate with the municipality for the provision of services to the area after annexation. If the area proposed for annexation is located in more than one county, the commissioner's court of the county in which the greatest number of residents reside shall select three representatives to negotiate with the municipality, and the commissioners courts of the remaining counties j ointly shall select two representatives to negotiate with the municipality. (c) For purposes of negotiations under Subsection (a)(2), if more than one special district is located in the area proposed for annexation, the governing boards of the districts may jointly select five representatives to negotiate with the municipality on behalf of all the affected districts. Page - 38 AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 DEPARTMENT: Utilities ACM: Howard Martin, Utilities 349-82 SUBJECT Receive a report, hold a discussion and provide staff direction regarding the release of the City of Denton Extra Territorial Jurisdiction (ETJ) to the City of Pilot Point. BACKGROUND In March 2009 the City Manager of Pilot Point, Mr. JC Hughes, requested a meeting with Mr. George Campbell to discuss the issues associated with the City of Pilot Point transitioning to a "Home Rule City" in excess of 5,000 in population. As part of this transition, the ETJ for the City of Pilot Point will change from 0.5 miles from the existing city limits to 1.0 mile from the existing city limits. This change in the City of Pilot Point ETJ will overlap the existing City of Denton (COD) ETJ in several areas east of Lake Ray Roberts. Exhibits I and II reflect the City of Pilot Point change in ETJ from 0.5 mile to 1.0 mile. Exhibit III identifies the area of overlap with the existing City of Denton ETJ. Looking at Exhibit III, the City of Pilot Point ETJ expansion will overlap approximately 1,000 acres of existing City of Denton ETJ. The City Manager of Pilot Point was interested in exploring the possibility of the City of Denton releasing COD ETJ in areas around the City of Pilot Point based on the COD's intent to provide services to the area. This area is generally north of FM455 and east of Lake Ray Roberts. Internal staff evaluation and discussion regarding this request have identified the following points: 1. Previous discussions with the Denton City Council regarding the release of ETJ established a general policy position of "no net loss of ETJ". This was staff direction from the Council when we established ETJ boundaries between COD and the Town of Krum. 2. This area is beyond the current water and wastewater service boundaries (Certificate of Convenience and Necessary) for the City of Denton. 3. This area is outside any meaningful planning boundary contemplated in the Denton Comprehensive Plan. 4. The City of Denton owns park property and recreational facilities at Lake Ray Roberts in Isle DuBois and Jordan Park. 5. In some of the areas around Pilot Point, the City of Pilot Point is already providing water service to areas outside the existing city limits. 6. Existing COD ETJ boundaries in this area are difficult to identify. 7. The Mustang Water Supply Corporation provides the majority of the rural water service to customers in this area. 8. Most wastewater services outside the Pilot Point city limits are provided by on-site wastewater treatment systems. 9. Electric service to this area is provided by Texas/New Mexico Power and Light and/or CoServe Electric. 10. Solid waste services to this area are provided by individual contract companies (predominantly IESI). The primary staff discussion point was the application of the Denton City Council policy position of "no net loss of ETJ" to this area. The "no net loss of ETJ" policy position was established because the ETJ boundary between Krum and the COD was inside the Denton water and wastewater service area and was included as part of the Denton Comprehensive Plan land use assumptions. As identified in points 2&3 above, the area proposed for release to Pilot Point may warrant different policy consideration by the Denton City Council. The various options developed by staff include: 1. No change in the ETJ boundaries in this area. 2. Releasing all of Denton's ETJ area north of FM455 and east of Lake Ray Roberts 3. Releasing a portion of Denton's ETJ area north of FM455 and east of Lake Ray Roberts. RECOMMENDATION Staff is recommending Option 3 for consideration. The Option 3 recommendation by staff is identified in Exhibit IV. Key consideration for this option is based in points 2,3,4,5 and 6 above. The proposed ETJ boundaries follow existing identifiable roads and/or property boundaries. Pending favorable consideration of the proposed recommendation, staff would develop identifiable boundary descriptions for the ETJ being released and bring back a Boundary Adjustment Agreement with the City of Pilot Point for Council approval. Included in Exhibit V is the Ordinance No.2006-362 approved by the Denton City Council for the City of Krum ETJ boundary delineation. Respectfully submitted: ~ ,ti .'r Howard Martin Assistant City Manager EXHIBITS 1. Denton ETJ and Pilot Point 0.5 Mile ETJ 2. Denton ETJ and Pilot Point 1 Mile ETJ 3. Denton ETJ and Pilot Point Overlap 4. Recommended Denton ETJ Release 5. City of Denton Ordinance No. 2006-362 Denton ETJ and Pilot Point 1 mile ETJ - - - - - - - - - - - - - - - - - - - - DENTON COUNTY LINE - IS ~I I ~II _ Iii P1 (;t Point ule ETJ I i I~ ! II- I I-- I 1 i Denton 5 mile ETJ i a I r Corps Boundary I I = _ FM ~yy ~ 0 0.25 0.5 1 ~ Miles p _v I 0 0.25 0.5 1 Miles C . . DENTON COUNTY LINE I I I I I ~~III I ~ I I I I I I, I 0.5 mile ETJ overlap - I I'ila' I'ai~~t I I ( roughly 1,000 acres) 0.5 mile ETJ i I II I I III I I I i I I i I I I not Point 1 m le ETJ i I i i i I Denton 5 mile ETJ i II~ I I I I 'I I I I I I Corps Bounda rY I I I I I I I I I Mi I C~ i I - 3 III I I~ I I 5 5 II I ~ I' f III I r p II, DENTON COUNTY LINE- - - - IS - ICI ~ - I III I ~'i~lot PoL~~; ' II r Denton W 5 mile ETJ man= Corps Boundary I I _ I M I C ~ I I _ F I---- l 0 0.25 0.5 1 Miles I y . S:IOur a~curry~ntsl0rdinattctrs106~Krurn Boundary Amendment A~re~~ment.dac SID INANE N~. ~ AN DINAE FI~I~DIN~ AENDl1~ENT T~ A ~DUNDA AD~~TIIENT ~~EIENT DATED EPTEIIBER 4, 2001 ~ BETWEEN THE ITS ~F DENTIN AND TAE rT DF I~J~I; AND PR~IDIN A EF~FETIE DATE. HE~EA~ authorized by Ordinance 2001-~ l , the arty of Denton and the 1ty of Iru~n entered into that certain Boundary djuskment Agreement to establish ~ future mutual boundary and to release extratemtorial jurisdiction rights to each other; and HEREA, the pity of Drum ar~d the pity of Denton desire to amend the future mutual bout~dar~ as set forth in that certain Boundary Adjustment Agreement attached hereto and made apart hereof as Exhibit "A" the "Agreement"~; and HEIR, the pity council finds that the Agreement aril the adjustment to the future mutual boundary is in the public interest} ~iD~V, THER~F~RE, THE ~UNIL DF THE CITY ~F DENTIN, TE HE1B ~I~DAIN; ETI~N 1. The findings and reeitatians captained in the preamble of this ordnance are incorporated herein by reference. ETIDN 2. The pity council of the pity of Denton hereby approves the Agreement and authorizes the 11~ayor, or ber designee to enter into the Agreement on behalf of the pity of Denton, ~E~TI~N This ordinance shall bec~r~e effective irr~rnediately upon its passage ar~d approval. PASSED AND APpI~~EI this the ~ ~ day of ~I , 200, PERR 1cNEILLa ADS ATTEST; JENNIFER SALTERS, CITY SE~ETAI 4 . + t ~I~ tiJ 1.f~ T T J1 7 1T1. ~ ~ l 1TT~~ 1 1 ~xhi~it A ~ ~L~AY ~CJ'~'~ET AG~EEIY'~' T~ ~~IEIVIEI' is made and entered into by and between ~e SIT ~F DENT~1~, TEAS, hercinaf ter referred to as "Denton", and die CITY IRUI~i, TEAS, hereina.~er referred to as "ru tn'>. w~EE Der~tor~ and drum previously entered into that certain boundary d~~trnent .Agreement dated epten~her 4, ~~~I which established ~entnn's and nom's futare mutual bo~ndafy; and wHEREAS~ ~en.ton and rurn desire t~ adjust the future rnut~al boundary pursuant to this A~reemen#; and w~ERES, the governing bodies of Denton and ~rurn f end that the adjusted Lure mutual honndary is in ~e public interest. l~~w, TSERE~~, for acid ire consideration of the mutual covenants, co~ditians, and pr~~nise expressed herein, Denton and Drum aee as f ~Il~~vs: SE~'I'I~N I~ Fatu~-e IUtt~al ~aundar~ Denton and I~ru~n hereby agree that their Future Mutual boundary shall be a,s desc~bed in Exhihlt f;A'~ and depicted in Exhibit both which are attached herct~ and made ~ part hereof b reference. In this regard each waives, releases and relinquishes its extraterritorial jurisdiction {"~TJ'7~ rights to the ether with respect to the side of ~ Future Mutual ~o~znd~.ry that is located in the ether city~s e territory as described and depicted on Exhibit "A" and `~D". It is expressly agreed that this waiver and release shall only operate ire favor of Denton and s:lour D~curn~rrt~l~on~actsl~~lKrum baun~ary ad j+utm~r►i.do~ ~ a 1 drum} aril shall not constitute a waiver or release of arty right, including ~"~3 ~ghts, which Benton or Ism may he able to assert against another municipality. ~~'I~1~ II. ~everabi~j Should any prevision of this ~greerr~~r~t he decla~e~ void by a court of mpetent ~urisdiction~ the remair~i~ng provisions of this greerrrent shall rein in full force and effect. SE~TIIIIV ICI. ~~p~ova~ hY overnin~ Wadies Benton and Ian ~`epresent to each cer that thcjr respeotive governing bodes have approved this ~reement by ordinance or resolution set forth below, IGIV~D this day of . ~~T ~F ~l~N~'~1~, T~ B TT~~: J>~~FEI AL'~lJ>S, ~ ~E~I~ET~k~ B~: AFI~R ED S F~1~: >~Y: salour ~cun~nt~~Contra~ts~4~lfCrurn boundary adju~km~t.dac ~1~ ~14 Ull~l~ 1 ~1 5 •J~ 11T~nJ~.,l~• •I~ ,Tr Y• i i i ~ ~I '~~J~~ ~ ' i ■ 1 L~ ~Y F T i i~ A~p~'V~D B RE~~I~~IO, ~~-~1-~ 5:1~~r ~~cumcnt~lCnntra~ts10b1K~'um ~~undary a~~~strncntdac ~ Exhibit ~1 F r r , ' 2/ r ~ ~ %'T"#~z 1J 14 W r~ ~r ff r~f~~~~~r~~ .,~~,~.~~c~ ~~r.~.ar'~e"t~~ ~it~~ :rur~, ~'~~a~ ~"i~~~ ~~~t~~~t ~~~►~~r~~l ,~~~n~l~~ry ~,1~~~~ ~~1~~~~ ~~i. tC~~ i~~t~r.io~t a~ t~r~ satlta~~l~~l~fi ~~~.~:t~ ~~`~~t:~t.~twt~~~~~t I ~.t'td t.~i~ ~t~r~t l~~ ~~il~ ~iiv ~~~air r:~€r{~tcrritari~l~t~t'~~~i~li~rr ki~~ t~~ ~st~~.li~lt~~ ~l ~t~~tut~s. '"~~:~N~l~l ~~artC7~~st~rl~f C~rt~; i~t~ sat~tlti~t li~~c aC"~i~ '.i~~. 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AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT Neighborhood Empowerment Summit Receive a briefing and hold a discussion regarding the purpose and goals of the Neighborhood Empowerment Summit to be held Saturday, October 24, 2009 at the Civic Center 321 E. McKinney. BACKGROUND The City of Denton Neighborhood Planning Program (CDNPP) has developed three strategies to stabilize, revitalize, and enhance Denton's neighborhoods. These strategies include the Demonstrative Initiative, Engagement Initiative, and Community Planning Initiative. The Neighborhood Empowerment Summit is a function of the Community Planning Initiative. It incorporates city-wide programs to inform and empower Denton's citizens. Through a series of workshops, the Summit's purpose is to provide education, leadership development, and civic empowerment to community leaders, grassroots organizers, and the citizens at large. The Summit is designed to equip residents in performing the tasks necessary to be their own agent to effect positive change in their respective neighborhoods. Workshop sessions range from the basics such as Community Building: Organizing Basics to the more advance sessions such as Grants and Grassroots Fundraising. Overall CDNPP issues include: 1. Neighborhood organizations can have a lack of purpose, vision, mission, and leadership; 2. The City can be perceived as lacking credibility with neighborhood organizations; 3. The public and staff require knowledge in Neighborhood Planning; and 4. Budget limitations. Expected Outcomes: 1. Develop neighborhood partnerships and/or collaborations; 2. Cultivate City credibility; 3. Broadcast the CDNPP; 4. Assist in assembling a complete Neighborhood Association, Homeowner's Association, and Tenant Association database; 5. Act as a informational clearinghouse and/or resource for residents and City Council; 6. Develop an understanding of the City's function; and 7. Promote neighborhood mobilization. EXHIBITS: 1. The Save the Date Flyer 2. Neighborhood Empowerment Summit Schedule Prepared by: Katia Boykin Senior Planner of CDNPP Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development The City of Denton Neighborhood Planning Program (CDNPP) is hosting the City's first-ever L p L `J ` _ 7T proMe education and and the generA pop,,dation SMUL 9_ ® OP. M. Rleigh orhond Associations, Homeowner snciations, ~ Fenant Associations, and Denton residents are invited to attend, I III . LJI n If ; - 11111116 aUl~:fi,' I111'l. Neighborhood Empowerment Summit October 24t" at Civic Center City of Denton Neighborhood Planning Program (CDNPP) Katia Boykin, Senior Planner 3 sessions running concurrently in different rooms First Session • Recruiting and Maintaining Members (Paige Griesemer) • Community Building: Organizing Basics (Lancine Bentley) • Planning Neighborhood Projects (Katia Boykin and Cindy Mayo Deckard) Second Session • Nuts and Bolts of an Effective Neighborhood Watch Program (Jim Bryan) • Neighborhoods Influencing Decision-Making (Karen McCormick and Mark Cunningham) • Understanding Land Use, Zoning, and Development (Erica Marohnic, Nana Appiah, and Ron Menguita) Third Session • Grants and Grassroot Fundraising (Johnna Matthews and Barbara Ross) • Youths and Seniors: Assets in Community Building (Johnesia Daniels and Nancy Franke) • Greening Your Neighborhood (Keep Denton Beautiful and Janet Laminack) 8:45 - 9:15 Registration 9:20 - 9:30 Mayor's Welcome Address 9:35 -10:15 1St Session 10:20 -11:00 2nd Session 11:00 -11:15 Break 11:20 -12:00 3rd Session 12:00 -1:30 Lunch Adjournment RSVP by October 14, 2009 at 940-349-7274 AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider approval of the Parks, Recreation and Beautification Board's recommendation to select artist George Cadell's sculpture Harmony as public art for the City of Denton. The sculpture will cost $27,900 and will be paid from the 2010 Hotel/Motel Occupancy Tax (HOT) funds. The Parks, Recreation and Beautification Board recommend artist approval with a vote of 4-0. BACKGROUND On April 18, 2006, City Council established and appointed a Public Art Committee that serves in an advisory capacity to the Parks, Recreation and Beautification Board. This Public Art Committee, established by separate ordinance, will make recommendations on the: • Commissioning, placing, and installing of public art • Implementation of funding mechanism(s) for public art • Effective and efficient management of public art • Ongoing maintenance of public art • Accessioning, deaccessioning and resiting of public art Artist George Cadell's sculpture Harmony consists of a pair of stylized, welded steel herons that will be approximately eight feet in height and close to 600 pounds in weight. The sculpture will be located along the walking path at South Lakes Park. The artist hopes that those viewing the sculpture will experience the feelings of harmony and rhythm found in nature, as the sculpture changes position with the help of the wind. The two herons, utilizing their design, will turn as the wind changes directions. The cost of the design, materials, and installation will be $27,900. The HOT Fund budget for the 2010 public art is $32,345. With a portion of the balance of the HOT Funds, the Public Art Committee recommends installing benches for visitors to sit and enj oy the artwork, and planting native grass to enhance the area. This will be Mr. Cadell's third sculpture commission by the City of Denton. His previous works include The Divers, located at the Water Works Park, and, most recently, ll~lan of Integrity located at City Hall East. RECOMMENDATION Staff recommends City Council approve the Parks, Recreation and Beautification Board's support of the Public Art Committees' recommendation of artist George Cadell's Harmony as the most recent public art sculpture for the City of Denton. Agenda Information Sheet October 6, 2009 Page 2 PRIOR ACTION/REVIEW (Council, Boards, Commissions) • Public Art Committee made recommendation of artist selection on July 9, 2009. • Parks, Recreation and Beautification Board made recommendation of artist selection on August 3, 2009. FISCAL INFORMATION The Harmony sculpture will cost $27,900 and is funded from HOT Funds. There is $32,245 budgeted in 2010 HOT funds for Public Art. EXHIBITS 1. Public Art Committee Meeting Minutes of July 9, 2009 2. Parks, Recreation and Beautification Board Meeting Minutes of August 3, 2009 3. Photograph of the Sculpture Respectfully submitted: Emerson Vorel Director Submitted by: Janie McLeod Community Events Coordinator Public Art Committee Minutes July 9, 2009 Civic Center Conference Room Members present: Cheryl Key, Joy Siegmund, Robyn Lee, Jo Williams, Margaret Chalfant, Carol Collins and Jack Davis. Members absent: Carol Phillips. Staff present: Emerson Vorel and Janie McLeod. Chair Jo Williams called the meeting to order at 4:04 p.m. Approval of Minutes of June 11, 2009. The minutes were approved with changes by a motion made by Joy and seconded by Robyn. The motion passed with a vote of 7-0. ACTION ITEMS Expenditure of Balance of the 2008-09 HOT Funds -Jack shared information regarding the proposed purchase of Carlotta Corpron's photographs. Jack said the photographs would cost $3,500 each. Joy discussed artist Rosie Sandifer` s "A Book a Day" sculptures of a boy and girl reading books. Joy said both sculptures would cost a total of $14,800 which includes shipping and uncrating costs. ACTION: Cheryl made a motion to purchase a Carlotta Corpron photo and Rosie Sandifer's sculpture "A Book A Day" with girl and boy reading a book. Carol Collins seconded the motion and the motion passed with a vote of 7-0. DISCUSSION ITEMS Additional Funds Available in 2009-10 -Emerson said that there is approximately $6,000.00 remaining in a trust account that was designated for art at the Denton Municipal Complex (now named City Hall East). At the August meeting, the Committee discussed purchasing more photographs by Ms. Corpron There being no further business, the meeting was adjourned at 4:58 p.m. ~ ~ ~ ~ Note to Board At the June 11, 2009 PAC meeting, the Committee voted to provide funding from the 2009 HOT funds for necessary work for the three Fry Street Mural pieces that had been recently moved to the Center for the Visual Arts. Margaret rescinded her request for the funds per her email dated July 16, 2009. 1 DRAFT 2 Parks, Recreation and Beautification Board 3 Minute s 4 August 3, 2009 5 Civic Center Conference Room 6 7 Members present: Carol Brantley, Allyson Coe, Dale Conway, Jo Kuhn 8 Members absent: Reggie Heard, Ross Richardson, Jennifer Wages 9 Staff present: Emerson Vorel, Cindy Deckard, Amanda Green, Jim Mays, Kathy Schaeffer, Bob Tickner, Mary 10 Aukerman 11 12 Chairperson Jo Kuhn called the meeting to order at 6:01 p.m. 13 14 AWARDS AND RECOGNITIONS: Emerson Vorel presented Jo Kuhn with a dedicated service award for the 15 years 2003-2009. Emerson thanked her for her participation on the Board for so many years. 16 17 APPROVAL OF MINUTES OF April 6, 2009 MEETING: Chairperson Jo Kuhn asked for any corrections or 18 amendments to the minutes. Hearing none the minutes stand approved as presented. 19 20 ACTION ITEMS: 21 Jo asked for a motion to amend the agenda by moving "ACTION ITEM f' to the first action item, and adjusting 22 the other items down one. Allyson made the motion to move "Action Item f' to be the first item considered, Carol 23 seconded the motion and the agenda was amended. 24 25 a) 2009-2010 Fee Ordinance -The City of Denton Budget department asked for proposed 1% to 5% reduction 26 for the 2009-2010 fiscal year. In order to offset the reduction, the Parks & Recreation Department looked for 27 items that would increase revenue without impacting all citizens. Some of the proposed increases are for the 28 establishment of a Quakertown Park rental fee, which has not been required in the past; a regional park rental 29 fee for North and South Lakes Parks for special events; a Tennis Center Tournament rental rate; and a Special 3 0 Events Application Fee. Increases include rates for gyms, kitchens and meeting room rentals in rec centers; 31 athletic field and lighted tennis court rentals; after hour Water Park rentals; the Civic Center Rotunda rental 32 rates and the Senior Center multipurpose room rental rates. Some discussion was held regarding the Athletic 3 3 Impact Fee being increased by $5, which helps offset the cost of maintaining the fields. Amanda Green told 34 the Board that Board member Jennifer Wages, who could not be present, called her to voice her concerns that 3 5 the increase in the Athletic Impact Fee may preclude some youth from participating in sports. During their 3 6 discussion, the exploration of additional scholarships through the Park Foundation was offered as a possible 3 7 alternative for some players. When asked how our fees compare to that of North Texas Fairgrounds, Janie 3 8 explained that because it is a totally enclosed area, it is significantly higher than any of our parks or facilities 3 9 and that an entrance can be charged there as well. 40 41 MOTION: Jo asked for a motion recommending the approval of the ordinance amending Section 22-38 of 42 Chapter 22 (Parks and Recreation) of the Code of Ordinances of the City of Denton, Texas, relating to 43 facility and program fees by adopting a revised Schedule of Fees; which will repeal all fees in conflict with 44 the new schedule; will repeal the existing Ordinance No. 2007-267 and all other ordinances that are in 45 conflict with the new Schedule of Fees. Dale made a motion to recommend the acceptance of the changes to 46 the fee schedule for the 2009-2010 budget; Allyson seconded the motion and it passed with a vote of 4-0. . 47 48 b) Sale of Alcohol for Blues Festival - A request from the Black Chamber of Commerce to be the sole 49 proprietor to sell alcoholic beverages at the 11th annual Blues Festival came was presented to the Board for 50 their approval. This request is consistent with other music events held in Quakertown Park. 51 52 MOTION: Jo asked for a motion recommending to the City Council that the Denton Black Chamber of 53 Commerce be the sole participant allowed to sell alcoholic beverages at the 1 l th Annual Blues Festival to August 3, 2009 Page 1 of 4 1 be held in Quakertown Park on Saturday, September 19, 2009, from 1:00 p.m. until 11:00 p.m. Carol made 2 a motion to that affect; Allyson seconded the motion and it passed with a vote of 4-0. 3 4 c) Harmony -Public Art Sculpture at South Lakes Park -The Public Art Committee recommends the 5 sculpture Harmony by George Caddell be approved to be placed at South Lakes Park by the trail. The 6 sculpture of two herons, which will turn independently of each other as the wind blows, is approximately eight 7 feet in height and weighs close to 600 pounds. It will be located by the walking path in South Lakes Park on 8 Teasley Lane near Long Ridge. 2010 HOT Funds will pay for the sculpture, two benches for visitors to sit and 9 enj oy the piece, and native grass to enhance the area. 10 11 MOTION: Jo asked for a motion recommending to City Council the selection of George Cadell as the artist 12 for the sculpture of two herons to be located in South Lakes Park. Allyson made a motion to recommend 13 the sculpture; Carol seconded the motion and it passed with a vote of 4-0. 14 15 d) Book aDay -Boy and Girl Sculptures for South Branch Library Public Art -The Public Art 16 Committee is recommending the approval of their selection of artist Rosie Sandifer's Book a Day bronze 17 sculptures reading a book, one of a boy and one of a girl, to be purchased from the 2009 HOT funds for 18 the South Branch Library. These pieces are part of a series of 50 sculptures that Ms. Sandifer's has made. 19 A bench to set the sculptures on will also be purchased with 2009 HOT funds. 20 21 MOTION: Jo asked for a motion to recommend to City Council the selection of artist Rosie Sandifer's 22 Book a Day bronze sculptures, one of a boy and one of a girl, reading a book as public art for South 23 Branch Library. Dale made a motion to recommend the purchase of the sculptures and bench to City 24 Council; Carol seconded the motion and it passed with a vote of 4-0 25 26 e) Summer Haze -Public Art Watercolor for South Branch Library -The Public Art Committee 27 subcommittee selected Rob Erdle's Summer Haze watercolor painting for placement at the South Branch 28 Library. Janie pointed out that Mr. Erdle's work is becoming more valuable since he passed away and that 29 his widow is pleased that his work is being recommended for the library. Purchase of this piece will be 3 0 with 2009 HOT Funds. 31 32 MOTION: Jo asked for a motion to recommend to City Council the approval of the Public Art Committee's 33 recommendation to select Rob Erdle's Summer Haze watercolor painting for the South Branch Library. 34 Allyson made a motion recommending the painting be accepted, Dale seconded the motion and it passed with 3 5 a vote of 4-0. 36 37 ~ Public Art for City Hall East -The Public Art Committee recommends that one of photographer Carlatta 3 8 Corpron's black and white photographs be purchased and exhibited in City Hall East. The photograph 39 measures 14 x 11 inches and costs $3,500. Ms. Corpron taught at Texas Woman's University and her 40 work is well known in the art world. Purchase of this photograph will be with 2009 HOT Funds. 41 42 MOTION: Jo asked for a motion recommending the approval of the Public Art Committee's recommendation 43 for public art in City Hall East, namely the black and white photo from Carlatta Corpron, Allyson made the 44 motion as presented, Dale seconded the motion and it passed with a vote of 4-0. 45 46 DISCUSSION ITEMS: 47 a) Alcohol Ordinance Revised -The current ordinance for alcohol in City parks still has Quakertown Park 48 listed as Civic Center Park, which will be changed, and the approval process for rentals at the Civic Center 49 needs to be clarified. The Senior Center Advisory Board has asked that alcohol rentals no longer be 50 permitted in the Senior Center, as damage is being done to the wood floors which are expensive to fix. 51 The Senior Center will be removed from the ordinance as a location for alcohol events. The Park Board is 52 being asked to review the changes made on the attached ordinance and make recommendations to the City 53 Council in an Action Item at the September Park Board meeting. 54 August 3, 2009 Page 2 of 4 1 b) Cemetery Ordinance Revised - When an old structure was torn down it presented an opportunity to open a 2 new section of the IOOF Cemetery for the City to sell lots. Currently, the only lots available are those 3 sold by families owning the lots. Due to infractions to the existing ordinance, the cemetery ordinance was 4 revised to include fines for those not obtaining a permit before a burial or the placement of a monument in 5 both of the City cemeteries. Section 2 of the ordinance has been revised to include fees for the purchase of 6 the new lots, increased the fees for existing lots, added a fee for the purchase of lots for the burial of 7 cremation ashes, and restated the internment and concrete work permit fees as well as provides the late fee 8 for failure to obtain these permits in advance. Obtaining the permits is the responsibility of the funeral 9 home or monument company and is imperative to keeping accurate records for the cemeteries. The Park 10 Board is being asked to review the changes to the attached ordinance in able to take action on it at the 11 September Park Board Meeting. 12 13 Before moving on with the rest of the meeting, Emerson wanted to acknowledge two guests that came in after 14 the meeting started. The first citizen said that she came only to observe to see if she was interested in volunteering 15 to be a member of the Park Board. Jo told her that Emerson could help her with that. 16 17 Mr. David Hiegel asked to address the Board. He started by saying that he and his wife Cindy live on Hillcrest 18 Street, just behind McKenna Park, and his concern is with the Special Use Permit for gas wells that City Council is 19 voting on at the meeting on August 4th. He would like the Park Board to issue a courtesy note to the City Council 20 expressing their concern that part of the City's Development Code, Section 35.6.4B, is not being met with regards 21 to McKenna Park being in the immediate area of the proposed gas wells. 22 23 Emerson pointed out that, since Mr. Hiegel and his concern were not part of the agenda, we could not violate the 24 Open Meeting Act and take action on his request. Emerson did suggest that individual members of the Park Board 25 express their thoughts, concerns, support to the City Council if they were so inclined. Mr. Hiegel thanked the 26 Board for their time. 27 28 PARKS PROJECT STATUS REPORT 29 Briercliff Park Design and Development Project -The bid for this project is being awarded to Jones & 3 0 Jefferies at the August 4th City Council meeting. 31 32 Denia Park Trail Project -Progress on this project is being made to the extent that it is about half finished. 33 34 Denton Branch Rail Trail Bridges Project -The plans for this project are still in the legal process with 3 5 DCTA. Bob pointed out that he was getting calls regarding the trees that have been removed from the area. Jo 36 said that she had gotten calls as well. Bob said that once we make people aware that we are getting a new trial, 3 7 they seem to be okay with it. 3 8 Neighborhood Park Design: Preserve c~ Pecan Creek, Owsley Park and Wheeler Ridge -Cindy said that 3 9 the Contract for Professional Services will go to Council on August 18th and is being awarded to Halff and 40 Associates. 41 42 North Lakes Adult Soccer Field Development Project - A contract is in the works for Jacobs Engineering 43 Group to design this project and will go to Council on the next meeting after the August 18th meeting. 44 45 Senior Center Renovation and Expansion Project -Emerson said that the contractor is great and that the 46 addition is almost completed, with a move into that structure slated for September. After that, work on the 47 existing structure will begin. 48 49 Unicorn Lake Trail and Landscape Project -The bridge was delivered to the site in two pieces, but the rain 5 0 has kept it from being set. 51 52 KEEP DENTON BEAUTIFUL UPDATE 53 No comments were expressed on the update. 54 August 3, 2009 Page 3 of 4 1 PUBLIC ART COMMITTEE MEETING MINUTES 2 As most of the items were covered as Action Items, no additional comments were expressed. 3 4 ITEMS FOR UPCOMING MEETINGS: 5 The revised Alcohol and Cemetery Ordinances will be Action Items on the September 2009 agenda. 6 7 With no further business on the agenda, Jo asked for a motion to adjourn; Carol made the motion to 8 adjourn, Allyson seconded the motion and the meeting was adjourned at 6:56 p.m. August 3, 2009 Page 4 of 4 -tea 4~;: _ ~ ; 6v' Iti~~, ~ ' a li, `:'.l ~ R~ L. AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider approval of the Parks, Recreation and Beautification Board's recommendation to select two black and white Flowing Light Images by artist Carlotta Corpron as public art for the City of Denton. The photographs will be funded from a preexisting account designated for art in the Denton Municipal Complex (DMC), which is currently named City Hall East. The Parks, Recreation and Beautification Board recommended approval with a vote of 4-0. BACKGROUND The Parks, Recreation and Beautification Board (PRBB) and the Public Art Committee (PAC) recommended the purchase of significant historical art pieces from local artists. After City Council's approval at the September 1, 2009 meeting, a photograph from one of the artists, Ms. Carlotta Corpron, was purchased. The photograph was funded from the 2009 HOT Funds designated for Public Art. The PRBB and PAC recommend that two additional photographs by Ms. Corpron be purchased and exhibited in City Hall East. The photographs measures 14" x 11"and cost $3,500 each. The artist accomplishes the unique photographs by leaving the camera shutter open to create complex spirals and rushing lines of light. Ms. Corpron taught at Texas Woman's University from1935 through 1968. Her work is included in collections of the Museum of Modern Art in New York City, the Art Institute of Chicago, the New Orleans Museum of Art, the Dallas Museum of Art, and the Amon Carter Museum in Fort Worth. RECOMMENDATION Staff recommends that City Council approve the Parks, Recreation and Beautification Board's support of the Public Art Committees' recommendation of purchasing two of Ms. Corpron's Flowing Light Images as public art for the City of Denton. PRIOR ACTION/REVIEW (Council, Boards, Commissions) • Public Art Committee made recommendation of artist selection on August 13, 2009. • Parks, Recreation and Beautification Board made recommendation of artist selection on September 14, 2009. Agenda Information Sheet October 6, 2009 Page 2 FISCAL INFORMATION Ms. Corpron's black and white photographs will cost $3,500.00 each and will be funded from the DMC Trust account and $1,000 from the 2010 HOT Funds. There is $32,245.00 budgeted for Public Art in 2010 HOT funds. EXHIBITS 1. Photographs of the Art Work 2. Public Art Committee Meeting Minutes of August 13, 2009 3. Parks, Recreation and Beautification Board Meeting Minutes of September 14, 2009 Respectfully submitted: Emerson Vorel Director Submitted by: Janie McLeod Community Events Coordinator ~U ray ant, i I ~ er, X04 f, z f 1 a~ I' i f~ a ~u q 1 1 ~ ~ ~r5~r ~ 1 r , „ Nf k ~ A , ! ~ ~~rp RNA' i I, Ira 7 - db r r T ~ as II 1 -u J r"a gg~~ w r t I 171. f tzs}~i b4 a w ~'v~~s° ti•~ 11M Vw, 5`0 r, MWOORP'lliplow, I I A + 1 1 tl yi ~ LL y~~ i I 'Xi y ~h 14I ~ ` ~ H ~r~J y jtl r Rif ~ t i~ , h4. ~ ~ i lly i !~JJ ~ 11 I V1 N I t y 4 y, Public Art Committee Minutes August 13, 2009 City Hall East Conference Room Members present: Robyn Lee, Joy Siegmund, Carol Collins, Cheryl Key, Jo Williams, Jack Davis and Billie Mohair. Members absent: Carol Phillips and Lindsay Keffer. Ex-officio member: Margaret Chalfant. Staff present: Emerson Vorel and Janie McLeod. Call to Order - Chair Jo Williams called the meeting to order at 4:08 p.m. Introduction of New Member -Lindsay Keffer was unable to attend the meeting. Approval of Minutes of July 9, 2009. Joy made a motion to approve the minutes and Billie seconded the motion. The minutes were approved as distributed. Election of Officers -Billie made a motion to elect Jo Williams as chair and Jack Davis as Vice Chair. Joy seconded the motion and it was approved by a 7-0 vote. ACTION ITEMS Expenditure of Denton Municipal Complex Trust Funds - At the July meeting the Committee discussed funds from the Denton Municipal Complex (currently City Hall East) were available for the purchase of art for that facility. Jack made a motion to purchase two of Carlotta Corpron's black and white photographs to be displayed in City Hall East. Joy seconded the motion and it was approved by a vote of 7-0. Accept Donations of Art 1) Carol Collins made a motion to accept Millie Giles' donation of two watercolors by artist Rob Erdle. Cheryl seconded the motion and it was approved by a vote of 7-0. 2) Jack made a motion to accept a black and white photograph by Barbara Maples and one by Ida Lansky donated by Burt and Missy Finger owners of the Photographs Do Not Bend Gallery. Joy seconded the motion and it was approved by a vote of 7-0. 3) The Denton Festival Foundation has offered to donate two sculptures by Rosie Sandifer. The sculptures Oh, Be Joyful will be displayed in the Quakertown Park. Carol Collins made a motion to approve the donation request and it was seconded by Robyn. The motion was approved by a vote of 7-0. DISCUSSION ITEMS Dedication of Art at South Branch Library -The Committee agreed to combine the public art dedication with the Library's dedication. The dedication will be on November 3rd Temporary Displays of Public Art - An artist requested to have her work displayed in the City Council Work Session Room. The Committee discussed the liability, the rotation of artists, insurance, planning and length of exhibit times, supervision of the requests, and the possible damage to the walls after displaying the art pieces. The Committee decided that a policy needs to be developed for temporary displays of art in city buildings. Parks, Recreation and Beautification Board Recommendations to City Council -Staff commented that all four recommendations for public art were approved by the Parks, Recreation and Beautification Board. Tour of City Hall East -The Committee toured City Hall East for possible locations for future public art to be displayed. Items for Upcoming Meetings (Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Public Art Committee 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.) ➢ Develop policy of display of public art ➢ Texas Poet Laureate Project There being no future business, the meeting was adjourned at 5:12 p.m. 1 DRAFT 2 Parks, Recreation and Beautification Board 3 Minute s 4 September 14, 2009 5 Civic Center Conference Room 6 7 Members present: Carol Brantley, Vicki Byrd, Mike Simmons, Jennifer Wages 8 Members absent: Allyson Coe, Derrick Murray, Janet Shelton 9 Staff present: Emerson Vorel, Aimee Dennis, Amanda Green, Jim Mays, Janie McLeod, Bob Tickner, Mary 10 Aukerman 11 12 With the lack of a Chair or Vice Chair, Emerson Vorel called the meeting to order at 6:02 p.m. 13 14 AWARDS AND RECOGNITIONS: Emerson presented outgoing Board members, Reggie Heard and Ross 15 Richardson, with a dedicated service award from the Park Board and an appreciation certificate from the Mayor for 16 their years of service. 17 18 APPROVAL OF MINUTES OF August 3, 2009 MEETING: Emerson asked for any corrections or 19 amendments to the minutes. Hearing none the minutes stand approved as written. 20 21 ACTION ITEMS: 22 Emerson asked for a motion to amend the agenda by moving "ACTION ITEM f ' to the first action item, and 23 adjusting the other items down one. Mike made the motion to move "Action Item f' to be the first item 24 considered, Carol seconded the motion and the agenda was amended. 25 26 ~ Donation of Rob Erdle Paintings - Jo Williams, Chair of the Public Art Committee, presented to the Park 27 Board the two watercolor paintings being donated by Rob Erdle's wife, Millie Giles. The two paintings will 28 need to be framed. The exact cost of the framing is unknown at this time but it is estimated to be about $250 29 for both prints. It is Ms. Giles intent that the pictures remain in the same facility as the Summer Haze painting 3 0 purchased for the South Branch Library. 31 32 MOTION: Jennifer made a motion to recommend to City Council the approval of the Public Art Committee's 3 3 recommendation to accept the public art donation from Millie Giles of the two watercolor paintings. Carol 3 4 seconded the motion and it passed with a vote of 4-0. 35 36 a) Alcohol Ordinance Revision -Section 22-32 of Chapter 22 (Parks and Recreation) of the Code of 3 7 Ordinances of the City of Denton, Texas, relating to possession and consumption of alcoholic beverages in the 3 8 park is being revised to change the name of Civic Center Park to Quakertown Park, and to allow the sale of 3 9 alcohol in the Civic Center Building and Emily Fowler Library with the approval of the City Manager or his 40 designee, which has historically been the Director of that particular department. The revised ordinance also 41 removes the Senior Center as an option for an alcohol rental. For clarification, this ordinance does not affect 42 the Woman's Building, which is leased from the City and not considered a City building. 43 44 MOTION: Mike made a motion to make a recommendation to City Council to approve the revised 45 ordinance allowing for the changes to amend Section 22-32 of Chapter 22 (Parks and Recreation) of the 46 Code of Ordinances of the City of Denton, Texas, relating to possession and consumption of alcoholic 47 beverages in the parks. Jennifer seconded the motion and it passed with a vote of 4-0. 48 49 b) Cemetery Ordinance Revision -Two ordinances amending Chapter 25 of the Code of Ordinances of the 50 City of Denton, Texas are being presented to the City Council for their approval. The first ordinance will 51 address fees for burial plots in newly opened Section Z at I.O.O.F. Cemetery and will also attach a late fee 52 for failure to obtain a permit prior to burial or erecting a monument or tombstone at both cemeteries. The 1 second ordinance addresses changes to codes, particularly those pertaining to the placement of objects in 2 the cemetery, including floral designs and greenery and the removal of such. 3 4 MOTION: Emerson asked for a motion recommending to City Council the approval of the ordinance 5 amending Chapter 25 of the Code of Ordinances of the City of Denton, Texas relating to the fees for new burial 6 plots and the late fee for permits. Jennifer made a motion to make the recommendation; Carol seconded the 7 motion and it passed with a vote of 4-0. 8 9 Emerson then asked that a motion be made recommending to City Council the approval of the ordinance 10 amending Chapter 25 of the Code of Ordinances of the City of Denton, Texas relating to the provisions for 11 grave markers and floral arrangements, and other items as outlined. Carol made a motion to recommend the 12 changes be accepted; Mike seconded the motion and it passed with a vote of 4-0. 13 14 c) Chapter 26 Review: Carl Gene Young Sr. and Woodrow Lane Parks Pecan Creek Sanitary Sewer 15 Interceptor I Line Easement -This sanitary sewer line will actually replace an existing line. Work should 16 be done in 60 days from start and should not disrupt use of the park areas during that time. The end result will 17 be well below the surface, as it now is, and will not interfere with use of the park. Any part of the park that is 18 displaced will be returned to the condition in which it was found. 19 20 MOTION: Jennifer made a motion to recommend to City Council the approval of the ordinance granting 21 approval of asub-surface use of a portion of Carl Gene Young, Sr, and Woodrow Lane Parks for the 22 purpose of a utility easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code, 23 providing for a utility easement. Mike seconded the motion and it passed with a vote of 4-0 24 25 d) Public Art for City Hall East -The Public Art Committee recommends the purchase of two black and 26 white photographs by Carlotta Corpron, an artist with local ties. The cost of each 14 x 11 photograph is 27 $3,500. The remainder of a trust account with approximately $6,000 for the remodel of the Denton Municipal 28 Complex, which is now City Hall East, will be used to help purchase the photographs; the balance will come 29 from 2010 Public Art Hot Funds. 30 31 MOTION: Carol made a motion to recommend to City Council the approval of the Public Art Committee's 32 recommendation for public art in City Hall East, namely, the purchase of Carlotta Corpron's photographs; 3 3 Jennifer seconded the motion and it passed with a vote of 4-0. 34 3 5 e) Donation of Public Art by Bert and Missy Finger -The Public Art Committee recommends the 36 acceptance of donations of public art by Bert and Missy Finger. The Fingers have offered to donate two 10 x 37 8 black and white photographs from their gallery by artists Barbara maples and Ida Lansky, who have ties to 3 8 Carlotta Corpron. The Fingers own Photographs Please Don't Bend Gallery, from which we are purchasing 39 Ms. Corpron's photographs. The donated photographs are valued at $2,800 each. 40 41 MOTION: Mike made a motion to recommend to City Council the approval of the Public Art Committee's 42 recommendation to accept the donation of public art by Bert and Missy Finger; Carol seconded the motion and 43 it passed with a vote of 4-0. 44 45 g) Denton Festival Foundation, Inc.'s Donation of Oh Be Joyful Sculptures -The Public Art Committee 46 recommends the acceptance of the donation of the sculptures from the Denton Festival Foundation, Inc. The 47 sculptures, by Rosie Sandifer, of two young girls with their hands lifted upward will be placed in the garden 48 area of Quakertown Park. The sculpture Book a Day by the same artist was recently purchased for the South 49 Branch Library. 50 51 MOTION: Carol made a motion to recommend to City Council the approval the Public Art Committee's 52 recommendation to accept the donation of public art from the Denton Festival Foundation, Inc. of the Oh Be 53 Joyful sculptures by Rosie Sandifer; Mike seconded the motion and it passed with a vote of 4-0. 54 1 DISCUSSION ITEMS: 2 a) Nominations for Chairperson and Vice Chairperson for the Parks, Recreation and Beautification 3 Board - As several new board members were missing at this meeting, this item will be deferred to the 4 next meeting of this Board. 5 6 Before moving on to the Parks Project Status Report, Emerson asked the Parks and Recreation Department 7 attendees to introduce themselves. 8 9 PARKS PROJECT STATUS REPORT 10 Avondale Park Lighting and Landscape Improvements -The poles are up but the cost of the lights 11 warranted they go out to bid. 12 13 Denton Branch Rail Trail Bridges Project -This project will have a separate bridge which is not part of the 14 commuter bridge that will go over Loop 288. 15 16 Neighborhood Park Design: Preserve @ Pecan Creek, Owsley Park and Wheeler Ridge -Neighborhood 17 meetings will take place to gather citizen input. 18 19 North Lakes Adult Soccer Field Development Project -Jacobs Engineering Group is designing this project. 20 21 Senior Center Renovation and Expansion Project -The Senior Center operations have moved into the new 22 addition. They are now going through asbestos abatement in the main part of the building. The project is now 23 on schedule. 24 25 Unicorn Lake Trail and Landscape Project -The bridge is set, the trail is finished; the landscaping needs to 26 be completed. 27 28 KEEP DENTON BEAUTIFUL UPDATE 29 Aimee explained that KDB is a 501 c3 non-profit organization. The City of Denton pays the salaries of the three 30 employees; the remainder is under the control of the non-profit though the Board of Directors. 31 3 2 An offer had been made to fill the vacant Volunteer Coordinator position. 33 34 Their next events will be the Steam Clean on October 3rd at the Civic Center and the Tree GiveAway on October 3 5 24th. This year the Tree GiveAway will be 100% pre-registration. 36 3 7 They are working on a new Strategic Plan, as their current one ends this year. 38 39 PUBLIC ART COMMITTEE MEETING MINUTES 40 The majority of items were Action Items, so no additional comments were expressed. 41 42 With no further business on the agenda, Carol made a motion to adjourn, Jennifer seconded the motion 43 and the meeting was adjourned at 7:23 p.m. This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tom Shaw 349-7133 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the rental of heavy equipment for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4373-Annual Contract for Rental of Heavy Equipment awarded to the lowest responsible bidder meeting specification for each item in the annual estimated amount of $750,000). BID INFORMATION This bid is for the annual contract to supply the rental of heavy equipment to all City departments. From time to time, the City of Denton has a need for heavy equipment to supplement our fleet. This annual agreement will allow us quick access to expensive equipment without the delay of the bid process. In addition, the annual agreement for multiple items lends itself to more competitive pricing than incidental usage. No guarantee of any minimal usage is part of this agreement and each rental will have an individual purchase order. The equipment list consists of the most commonly used sizes and types of heavy equipment. RECOMMENDATION We recommend award of this bid to the lowest responsible bidder meeting specification for each item as listed on Exhibit A of the Ordinance for an estimated annual amount of $750,000. The award for each item will based upon monthly rate plus delivery and pickup rate. No bids were received for items 32,40,43,59,60, and 61 a; therefore they will not be awarded. Item 46 was a tie between United Rental Denton and United Rental Heavy Equipment. The Purchasing Agent and Senior Buyer cast lots and United Rental Denton was the winner. On Item 63, the options listed under 65a, 65b, and 65c will be awarded to Pioneer Equipment Rental. Under Item 64, the options listed under 65a, 65b, and 65c, will be awarded to Landmark Equipment. PRINCIPAL PLACE OF BUSINESS B&R Equipment Co. Bane Machinery Howard McAnear Equipment Keller, TX Keller, TX Fort Worth, TX Agenda Information Sheet October 6, 2009 Page 2 PRINCIPAL PLACE OF BUSINESS (CONTINUED) Hi-Way Equipment Landmark Equipment Kirby-Smith Machinery Euless, TX Irving, TX Dallas, TX Romco Equipment Co. Pioneer Equipment Rental RSC Equipment Dallas, TX Denton, TX Fort Worth, TX Rental One Sunbelt Rentals Underwood Equipment Denton, TX Denton, TX Fort Worth, TX United Rentals/Denton United Rentals/Fort Worth T-K-O Equipment Co. Denton, TX Fort Worth, TX Irving, TX 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 pricing, terms and conditions remaining the same. FISCAL INFORMATION These items will be charged to the using departments as needed. EXHIBITS Exhibit 1: Bid Tabulation Sheet Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 4373 ~ ~ p p p p p p p p p p O O ~ cn o0 00 00 00 00 co 00 c0 00 00 O . = o ~ v O O O O O O O O O O ~ ~ ~ = 6 ~ z z z z z z z z z z ~ ~ w w ~ 0 ~ p p p p p p p p p p p p ~ ~ E m m m m m m m m m m m m ~ ~ O O O O O O O O O O O O ~ J 6 ~ Z Z Z Z Z Z Z Z Z Z Z Z W N X 0 O ~ p p p p p p p p p p p p _ ~ O m m m m m m m m m m m m ~ ~ ~ O O O O O O O O O O O O ~ ~ ~ Z Z Z Z Z Z Z Z Z Z Z Z a p ~ ~ G U~~ o p p p p p p p p p p p p a~ m m m m m m m m m m m m ~ 6~ ~ O O O O O O O O O O O O o z z z z z z z z z z z z w w L ~ p p p p p p p p p p p p ~ L ~ ~ 00 00 00 00 00 CD 00 CD 00 00 CD 00 ~ 0 C N G7 _ ~ O O O O O O O O O O O O ~ w ~ z z z z z z z z z z z z X a o a ~ p p p p p p p p p p p p ~ ~ ~ ~ ~ m m m m m m m m m m m m ~ o,a O O O O O O O O O O O O ~ ~ ~ 6 ~ Z Z Z Z Z Z Z Z Z Z Z Z ~ w p m ~ _ ~ X ~ L L ~ p p p p p p p p p p p p _ ~ Q C O m m m m m m m m m m m m ~ .o~~~ ~ O O O O O O O O O O O O ~ a 6 ~ z z z z z z z z z z z z w p L ~ p O ~ O O O O N~ ~ p p ~ O O O p p O O ~ m m O ~ O O O O m m p O LIB 01 N ~0 > 2~ 6 L Z Z n ,.j ~ ri CO ,-i Z Z ~ ~ X ~ O O L ~ O p O ~ O O O p O O O ~ ~ O O O ~ O O ~ O ~ 3E . _ a~ a o o m ° o°0 0 0 o m o °o ~ > ~ 6 ~ N N z N ~ ~ ~ ~ z ~ ~ ~ U1 w U ~ ~ ~ ~ ~ ~ ~ ~ ~ c~'n ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W _ a a a a ~ a a ~ a N m N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ p ~ ~ ~ ~ ~ p F O ~ L ~ ~ L ~ ~ L ~ ~ L ~ O ~ ~ O L ~ 0 ~ ~ a W o o o o W~ U N O ~ Q 01 ~ Q 00 ~ Q n ~ Q ° ~ Q t0 ~ Q ° U ~ ~ p c m ° c m ° c m ° c m r~ c m ° c m ~ ~ V1 a p ~ o O o O o O o O U o O o O U W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a ~ ~ ~ ~ ~ a O Q ° U ~ L L i L i ~ J ~ L L J \ W ~ i N ~ N ~ N ~ N N ~ N ~ _ ~L ~ ~ N ~ N ~ N ~ i ~ N ~ i N n\ LL a ~ ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~ N M ~ O ° ° ° ~ J ~ ~ Z H W ~ a W ~ ,-I N M ~ LA t0 I~ M r1 w/ ~  r v ril I I I I I I I I I I I I I I I I I I I I I ~ ~ O O ~ ~ ~ G O O p O p O 'Q E vi O O m m O O O O O O O _ ~ Q to N O ~ O lQ O N O ~ O ~ ~ ~ rn O O O O O ry1 O ~ O o O = 6 ~ 111 ~ Z Z M ~ ~ ~ N ~ ~ W W ~ ~ ~ ~ ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ D ~ ~ ~ E m m m m m m m m m m m m ~ ~ O O O O O O O O O O O O ~ J 6 ~ Z Z Z Z Z Z Z Z Z Z Z Z W ~ ~ ~ O 0 O ~ ~ ~ ~ ~ ~ ~ ~ ~ O D ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ - ~ m m m m m m m m ~ m m O Q=j ~ ~ O O O O O O O O ~ O O ~ ~ ~ Z Z Z Z Z Z Z Z N Z Z rY ~ ~ ~ ~ O p O G ~ ~ ~ ~ ~ ~ ~ O O O O O O O O ~ O a~ m m m m m m ~ o ~ o ~ o ~ ~ O O O O O O ~ ~ o ~ N O ~ 6 ~ Z Z Z Z Z Z M ~ M W W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ D ~ O ~ ~ p O p m m m m m m ~ O m m 0 O ~ 2 ~ can O O O O O O O O O ~ ~ 6 Z Z Z Z Z Z ~ Z Z ~ ~ W W ~ ~ ~ x G O N ~ ~ ~ ~ ~ ~ D ~ ~ ~ ~ ~ D ~ V ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ vi m m m m m m m m m m m m Q=j o'~ O O O O O O O O O O O O ~ ~ tY 6 ~ Z Z Z Z Z Z Z Z Z Z Z Z W ~ m N _ ~ X O O ~ ~ L ~ ~ ~ ~ ~ ~ D ~ ~ ~ O ~ D ~ ~ m m m m m m m m O G m m 0 ,o ~ ~ O O O O O O O O n ~ O O ~ a 6 ~ Z Z Z Z Z Z Z Z N ~ Z Z w p ~ L'~~ ~ p O p O p O p O p O p O 0~~~ ~ O O O O O O x p O p O p O p O p O p O ~ 3 Q ~ ~ ~ ~ ~ N ~ O ~ ~ ~ ~ ~ ~ N 0 U ~ ~ ~ O ~ ~ ~ t0 ~ ~ ~ ~ ~ 111 ~ 2 ~ 6 p ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ w w ~ ~ ~ ~ ~ ~ X ~ O O O O O O 0 ~ ~ ~ ~ O ~ O ~ O ~ O ~ O ~ O ~ 3~ 0 ~ 0 ~ 0 ~ ~ 0 ~ ~ 0 ~ 0 O N O ~ I~ ~ ~ ~ Ln N I11 N U1 W p ~ t~ t~ ~ ~ ~ U C ~ ~ 0 C o. = a ~ a a a o. ~ 7 H ~ ~ r~ ~ ~ ~ ~ - ~ ~ ~ ~ a~ v ~ v 3 v v r~ ~ ~ ~ W 'cn a ,0 a ~ a ~ tl ~ a ~ rZ ~ L Z ~ ~ dS ~ ~ dS L ~ oZS 0 ~ dS ~0 ~ dS 0 ~ o~ W 0 a ~ m ~ c ~ c o ~ c ` ~ ~ ~ ~ ~ ` ~ ~ ~ 00 N H ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ i ~ ~ 0 ~ ~ Q o0 0+ ~ v ~ ~ ~ ~ ~ p ~ ~ G ~ ~ ~ ~ ~ C ~ ~ ~ W U U c ~ ~ c ~ c ~ ~ c ~ ~ ~ ~ ~ ~ ~ ~ a o m D o m ~ o U o m ~ o m U o m W U 01 > G ~ ~ ~ ~ ~ ~ a ~ ~ a ~ ~ U ~ ~ a ~ ~ W a~ \W ~ ~ J ~ L ~ J L 3 ~ 0 2 ~ > ~ > J > > ~ > > 0 M a - 0 - ~ - L - N - L - J 0 0 0 n~ LL ~ 0 ~ N D N ~ ~ ~ N ~ 0 M pp O D 0 0 0 0 J ~ D D s Z H W ~ a W ~ O 01 O ,-I N M M n A/ ~ 1"I 1"I 1'I T'I  r v ril I I I I I I I I I I I I I I I I I I I I L ~ G ~ ~ ~ ~ ~ D O O O O O O O O ~ ~ O O O O _ ~ ~ 00 00 00 00 ~ O ~ O ~ O p O 00 ~ ~ v O O O O ~ ° N ° N ° O ° O ~ = 6 ~ Z Z Z Z ~ ~ ~ ~ O ~ ~ ~ Z W W ~ ~ ~ ~ O 0 ~ ~ ~ ~ D ~ D ~ ~ ~ ~ D ~ ~ ~ ~ ~ ~ ~ E m m m m m m m m m m m m ~ ~ ~ O O O O O O O O O O O O M ~ ~ 6 L Z Z Z Z Z Z Z Z Z Z Z Z N J W ~ ~ N X O 0 O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ 'Q - ~ m m m m m m m m m m ~ O m ~ ~ ~ O O O O O O O O O O ~ O ~ ~ ~ Z Z Z Z Z Z Z Z Z Z N ~ Z ~ ~ ~ ~ ~ G U~~ O ~ ~ ~ D ~ D ~ ~ ~ ~ D ~ ~ _ ~ Q~ m m m m m m m m m m m m m ~ 6a, ~ O O O O O O O O O O O O O ~ Z Z Z Z Z Z Z Z Z Z Z Z Z W W L ~ ~ ~ D ~ ~ O ~ O O O O O ~ ~ ~ ~ ~ p 00 00 00 00 ~ ~ ~ ~ p0 ~ p0 ~ m ~ _ ~ can O O O O ~ ~ ~ ~ O ~ 6 z z z z ~ ~ ~ ~ ~ ~ ~ ~ z w w ~ ~ ~ ~ L o a ~ o o ° o ° o 0 0 ° o ° o vi 00 00 N O ~ O ~ O O O N O u~ ~ ~ ~ O O r` O N O 00 O ~ O ~ O ~ r ' ~ 6 Q Z Z O ~ ~ ~ ~ ~ ~ ~ ~ ~ W ~ m ~ _ ~ x O L L~- ~ ~ ~ D ~ D ~ D ~ ~ ~ O O ~ W ~ ~ (6 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ m m m m m m m m m m O m ~ ,o ~ ~ O O O O O O O O O O ~ ~ O ~ a 6 ~ z z z z z z z z z z ~ ~ z w p ~ ~ O O O O O O ~ L p p O O O O p p O ~ O ~ p _ (0 ~ O. j 00 00 0 ~ ~ ~ C~ C~ 0 p 0 ~ 00 3Q._ ~ Q Q O N N O O O In O In O Q ~ 2 ~ 6 L Z Z pi ,-i I~ ,-i Z Z ~ ~ ~ ~ Z W ~ ~ ~ ~ ~ ~ ~ X ~ O L O O O O O O O O ~ ~ O O O O ~ p p O ~ O ~ O ~p 3~ = p0 O O O O m m O O O ~ ~ j. ~ ~ O N N O O O O O ~ O ~ ~ ~ 6 ~ ~ ,-i p1 ,-i ~ ~ Z Z ~ ~ N ~ N U1 w U ~ ~ ~ ~ ~ ~ ~ ~ C C C C C ~ ~ ~ ~ ~ cn ~ 3 ~ 3 ~ 3 ~ 3 ~ 3 ~ rl ~ ~ ~ U ~ U Q U ~ U ~ U Q W ~ 'a ~ 'a ~ 'a ~ 'a ~ 'a ~ 'a ~ a ~ m ~ ~ o ~ ~ ~o ~ ~ N ~ ~ o ~ ~ o ~ ~ °1 = ~ ~ a ° ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U ~ W U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~3 ~ c m U c m U c m U c m U c m U c m c ~ V1 a o O ~ o O ~ o O X 0 0 ~ o O ~ o O o W ~ LL L ~ LL L ~ LL L ~ LL L ~ LL L ~ LL ~ ~ ~ ~ ~ ~ ~ o a ~ ~ ~ ~ ~ ~ ~ ~a ~ ~ ~ ~ \ W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _ ~ J ~ J ~ J ~ J ~ J ~ Q~j I~ ~ LL a p ~ p ~ p ~ p ~ p ~ p s ~~a 3 3 3 3 3 ~z~ ~ W Z N a W Q ~ ~ t0 I~ 00 G1 M n A/ ~ 1"I 1"I 1"I 1"I 1'I 1'I  r v ril I I I I I I I I I I I I I I I I I I I I ~ ~ ~ p O O O O O O p p O O 0 ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ O O C ~ tcnn m O O N O N O m m O O 0 _ ~ ~ O ~ ~ ~ ~ N N = 6 ~ Z C~ ~ ~ ~ ~ ~ Z Z ~ r W W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ p p p p p p p p 0 'a pj p ~ p m m m m m m m m ~ ~ O N O O O O O O O O O ~ J W ~ ~ N ~ Z Z Z Z Z Z Z Z ~ X O O 0 O ~ p o 0 0 o p p p p p p '0 - m ~ O O O m m m m m m Q=j ~ ~ O ~ ~ O O O O O O ~ ~ ~ Z N ~ ~ ~ Z Z Z Z Z Z ~ p ~ ~ ~ O ~ L p o O p p p p p p p p E~ °x m o o m m m m m m m m Q=j ~ O ~ O O O O O O O O ~ 6~ ~ Z ~ ~ Z Z Z Z Z Z Z Z W ~ ~ O O 0 N~~ ~ p o o p p p p p p ~ O _ ~ ~ ~ m ~ O m m m m m m ~ O 0 2 ~ can O M O O O O O O ~ ~ 6 Z ~ ~ Z Z Z Z Z Z ~ ~ W W ~ ~ x O O O O O O O ~ O O O O O O O O O O O 0 N ~ _ ~ Q ~ O ~ O ~ O ~ p ~ O O O p ~ O ~ O ~ O O O O O ~ O m ~ _ X O ~ ~ L ~ p o O p p p p p p p p _ ~ Q~ O m ~ O m m m m m m m m p N ~ I~ O ~ a 6~ ~ Z N ~ Z Z Z Z Z Z Z Z w p ~ ~ O O O O O ~ L p p p p p O o O O O O _ ~ c Q~ X m m m m m O O O O O ~ Q ~ O O ~ u~ L O O O O O ~ ~ o ~ ~ ~ _ ~ 6 ~ Z Z Z Z Z In 01 ~ ~p ~ W W ~ ~ ~ ~ ~ X ~ O O O O O O L ~ O O O O O O O O O O O - ~ N ~ •j O ~ O O O O O O O O O ~ ~ ~ N ~ In ~ O ~ ~ O O ~ ~ ~ 6 ~ ~ N ~ ~ ~ ~ ~ O ri ~ ~ U1 W p ~ t~ ~ ~ ~ ~ U ~ ~ C 0 = 0 C C C o. ~ a ~ a ~ a ~ o. ~ o. ~ Z 3 3 3 W a L a ~ ~ a i a ~ a' a a' a ~ a~ m ~ ~ ~ ~ ° 0 ~ = O ~ ~ Q 0 ~ ~ 0 ~ ~ 0 H F ~ ~ N ~ ~ a N ~ ~ ~ ~ ~ H LA ~ ~ O ~ ~ N 0 C *i ~ a 01 ~ ~ ~ ~ ~ ~ ~ ~ ~ M ~ ~ N a~ ~ o~~ o~~~ o~~ o> M o M o M W ~ ~ ~ ~ U m U c m ~ U c m U c m a ~ m ~ ~ m o r~ ca ~ W ~ ~ ~ ~ ~ ~ ~ ~ OW i ~ ~ ~ U ~ ~ U ~ ~ U \W ~ ~ ~ ~ g ~ ~ i ~ ~ ~ ~ ~ ~ I~ ~LL a p 0 p 0 p L p u p v p v M~ Q s 0 0 W W W ~~Q 3 g ~ ~ Z H ~ W Z N a W 0 O +-I N M ~ N n ~ N N N N N N  r v ril I I I I I I I I I I I I I I I I I I I I ~ ~ p p p p O o p p p p p p p ~ E ~ m m m m ° o m m m m m m m ~ Q ~ _ v O O O O O O O O O O O O 0 ~ = 6 ~ z z z z z z z z z z z w w ~ 0 ~ p p p p p p p p p p p p p ~ ~ E m m m m m m m m m m m m m ~ ~ O O O O O O O O O O O O O ~ J 6 ~ Z Z Z Z Z Z Z Z Z Z Z Z Z W N X O 0 O ~ p p p p o o p p p p p p p ~ - ~ m m m m ~ ~ m m m m m m m ~ ~ ~ O O O O O O O O O O O ~ ~ ~ z z z z z z z z z z z a p ~ ~ ~ O G U~~ o p p p p ~ ~ p p p p p p p a~ ~x m m m m o0 o m m m m m m m 0 ~ O O O O n ~ O O O O O O O ~ 6~ o z z z z M~ z z z z z z z w w ~ L ~ p p p p o ° o ° p p o ° o ~ ~ ~ ~ p 00 00 00 00 ~ ~ ~ ~ CD 00 00 ~ 00 ~ 2'~~ can O O O O ~ ~ o ~ O O N o ~ ~ 6 Z Z Z Z ~ ~ ~ ~ Z Z ~ ~ ~ W W ~ ~ O L o N ~ o 0 0 o p p p p o o O U _ ~ Q vi ~ p ~ p CD o0 CD o0 00 ~ N 0 0 ~ ~ O ~ ~ O O O O O O O O ~ ~ ~ ~ W Q ~ ~ m m ~ ~ Z Z Z Z ~ ~ ~ ~ Z Z ~ m ~ _ X O O W G N~~ ~ o o p p o o p p p p p p p _ ~ Q C ~ 00 ~ m m ~ ~ m m m m m m m 0 ,o ~ ~ O O O O O O O O O ~ a 6~ ~ ~ ~ Z Z c~ ~ Z Z Z Z Z Z Z w p ~ ~ ~ O O O O O O ~ ~ N~ ~ O O O O O 00 O ~ p p p p _ ~ ~ p_ ~ ~ O O O O O O p O CD 00 CD CD y 3 a~- ~n ~ ~ o o ~ o O O O O ~ 2 ~ 6 L I~ ,-i ~ ,-i ~ ~ ~ ~ Z Z Z Z O x 0 0 0 0 0 0 L o 0 0 0 0 0 0 o p p o 0 0 _ a~ ~ ~ .3 ~ - 0 0 0 0 o o ° o °o o °o o m m °o o °o ~ ~ 6 ~ ~ ~ ~ ~ ~ ~ ~ ~ z z ~ ~ ~ ~ w o ~ ter ter ~ ~ ~ U ~ ~ ~ L L L _ _ = O O O a 0 0 a 0 O_ ~ Q ~ Q~ ~ ~ ~ ~ ~ ~ ~ 0 ~ 0 ~ 0 ~ U 3 U 3 U = U U U 'a a a 'a ~ a ~ a ~ ~ ~ 0' 0' W ~ 0 0 0 Z ~ dS dS dS dS 3 rC ~ 3 ~ ~ 3 c~ L O L L O a~ m (a ~ 0- (o ~ 0 (o ~ 0- fo ~ i V (a ~ i V fa D i u (o ~ a ~ ~ ~ ~ a ~ ~ ° ~ ~ ° ~ ~ ~ ~ ~ ~ ~ ~ N 0 ~ N ~ N 0 ~ ~ ~ ~ a~ ~ ~ p M L ~ p M ~ p M L ~ p s~ ~ p ~ p s~ ~ s s s W a O ~ ~ O ~ V O O 0 ~ O 0 ~ O 0 ~ O O o~ > o ~ ~ ~ u 3 ~ ~ ~ ~ 3 ~ ~ 30 ~ ~ 30 ~ ~ 30 ~ O Q ~ i ~ i ~ L ~ i ~ i ~ i ~ 0 L 0 ~ 0 L L M L LA N L M LL a ~ 0 ~ 0 ~ 0 ~ ~ ~ ~ M p\p ~ p X p ~ p~ p u p v p u ~ J W W W W W W Z H W Z ~ a W ~ W N W N N N M r1 w/ 7 N N  W vril I I I" I I I I I I "I I I I I I I I I I I G ~ ~ ~ O O D ~ ~ ~ ~ ~ ~ D ~ ~ E ~ m O o m m m m m m m m m ~ Q ~ 0 ~ = 6 ~ z ~ ~ z z z z z z z z z w w ~ 0 ~ ~ ~ ~ D ~ ~ ~ ~ ~ ~ D ~ ~ ~ E m m m m m m m m m m m m ~ ~ O O O O O O O O O O O O ~ J 6 ~ Z Z Z Z Z Z Z Z Z Z Z Z W N X 0 O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _ ~ O m m m m m m m m m m m m 0 ~ ~ O O O O O O O O O O O O ~ ~ ~ Z Z Z Z Z Z Z Z Z Z Z Z ~ ~ ~ ~ L L ~ ~ ~ D ~ ~ ~ ~ ~ ~ D ~ 0 ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ = U Qom' m m m m m m m m m m m m ~ ~ ~•6~ ~ O O O O O O O O O O O O p z z z z z z z z z z z z w w 0 O N~~ ~ O ~ ~ ~ ~ ~ ~ ~ 00 D ~ ~ _ ~ Q C 0 O m m m m m m ~ O m m m 0 2'~~ can ~ O O O O O O ~ O O O ~ 6 ~ Z Z Z Z Z Z lQ ~ Z Z Z W W ~ L O N ~ O ~ O ~ ~ ~ ~ ~ O O O ~ _ ~ Q ~ ~ ~ O m m m m ~ O ~ O O 0 p•- ~ O ° O O O O ~ o N o ~ ~ 6 ~ ~ ~ ~ z z z z ~ ~ ~ ~ o ~ w ~ 00 ~ 2 X o ~ L L ~ o o ° o 0 0 0 0 0 0 0 0 W ~ ~ (6 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _ ~ Q C ~ m ~ O m m m m m m m m m 0 ,o•~~ ~ O ~ ~ O O O O O O O O O ~ a 6 ~ z c~ ~ z z z z z z z z z w p ~ ~ O O O O O O O ~ O ~ O D ~ ~ ~ ~ 00 ~ O ~ c Q ~X ~ ~ p m m m m ~ o ~ °o O 0 oa'~ L~ N O ~ O O O O ~ ~ 0~ ~ 2 ~ 6 ~ ~ Z Z Z Z ~p ~ ~ ~ 01 X ~ ~ ~ ~ O O O O ~ N 00 ~ 00 D ~ ~ ~ ~ 00 O 00 O _ ~ Q O O O m m m m ~ Uj p Uj O 0 N O N O O O O O ~ N ~ ~ ~ 6 ~ ~ ~ ~ Z Z Z Z O ~ ~ ~ Q1 (n W p ~ ~ ~ ~ U L L ~ O C ~ C L L L a= a O 0 Q O 0 Q 0 Q 0 Q 0 ~ j ~ j n V j n V j ~ j ~ j O ~ ~ u 0 v ~ v v ~ N u M Z ~ 'a 0 'a ~ ~ = 'a ~ = 'a c~ D 'a ~ 'a p W - 0 m c s c Z~ c~ c i U ~ c U ~ ~ W~ a m M O o m V1 ~ M c m~ M c m tl~ OC 3~ m~ 3 c m 0 3 ~ O ~ i~ 0 ~ L i 0 ~ i 0 ~ i 0 0 W N lL fG W N 0 ~ W 0~ ~ W U~ 0 ~ W~ 0 ~ W~ 0 ~ ~ p_ U C C C C 0 ~ W •v ~ ~ ~ ~ 4l 4l ~ 0 0 ~ ~ ~ ~ ~ ~ L ~ ~ ~.I M N a _ _ u> _ v> _ ~ _ ~ - v n~ 0 ~ ~ ~ ~ 3 ~ ~ 3 ~ L ~ L ~ L J ~ W Z H p W Z N a W 0 O +-I N M ~ LA n ~ M M M M M M  r v ril I I I I I I I I I I I I I I I I I I I I I x c ~ o 0 0 0 0 0 0 0 0 0 0 0 ~ ~E ~ m m m m m m m m m m m m _ v O O O O O O O O O O O O 0 ~ = 6 ~ z z z z z z z z z z z z w w 0 ~ ~ D ~ ~ D ~ ~ ~ ~ ~ ~ ~ ~ ~ E m m m m m m m m m m m m ~ ~ O O O O O O O O O O O O ~ J 6 ~ Z Z Z Z Z Z Z Z Z Z Z Z W N X 0 O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _ ~ O m m m m m m m m m m m m 0 ~ ~ O O O O O O O O O O O O ~ ~ ~ Z Z Z Z Z Z Z Z Z Z Z Z ~ ~ ~ ~ ~ L ~ D ~ ~ D ~ ~ ~ ~ ~ ~ ~ 4 ~ ° ~ ~ = U Qom' m m m m m m m m m m m m ~ ~ ~~6~ ~ O O O O O O O O O O O O ° z z z z z z z z z z z z w w ~ ~ ~ ~ ~ ~ ~ D ~ ~ ~ ~ ~ ~ ~ L ~ ~ 00 00 00 00 00 CD 00 00 CD 00 CD 00 ~ 0 C N p- 0_ ~ O O O O O O O O O O O O ~ w ~ z z z z z z z z z z z z ~ oa ~ o 0 0 0 0 0 0 0 0 0 0 0 _ E Q m m m m m m m m m m m ~,6 ~ o O O O O O O O O O O O o ~ z z z z z z z z z z z ~ w 00 ~ _ ~ X ~ ~ L ~ ~ ~ ~ ~ ~ D ~ ~ ~ ~ ~ ~ _ ~ Q C O m m m m m m m m m m m m 0 .o~~~ ~ O O O O O O O O O O O O ~ a 6 ~ z z z z z z z z z z z z w p L ~ ~ ~ O ~ O O O O ~ O O O O p p p p O O O O O O O O O ~ x O O O O ~ O In m m m m O ~ o Q ~ o ~n ~ c~ rn ~ O O O O o ~ ~ N ~ ~ Z Z Z Z ~D ~ w ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 3~ ~ O ~ p ~ ~ ~ ~ O ~ ~ O O O O O O O O p O m m O Q=j O O O O O O O ~ O O O ~ ~ ~ 6 ~ ~ ~ ~ O ~ ~ ~ ~ ~ z z ~ ~w U ~ ~ ~ ~ ~ ~ C C ~ ~ ~ ~ ~ ~ a = a = p. = o. = a ~ a ~ vii 1 ~ 1 ~ ~L ' ~ ~ ~ 3 1 3 U U U U U U ~ G Z ~ 'a ~3 'a ~3 'a 'a 'a ~ 0 'a 0 W - ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W o ~ ~ o ~ a~ m~~ L~~ L~~ L~~ L~ ~ o M~ ~ M a ~ ° W o ~ ° o ~ ° o ~ ° o ~ ~ Q ~ ~ ~ ~ ~ ° ~ a M ~ ~ ~ ~ ~ ~ ~ M ~ ~ 0 a~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W U'J a m o m o m o m o m ~ U o m U o ~ W O ~ O fG O ~ O ~ O U O oa ° L L ~ L L L ~ ~ c ~ o W U N ~ N ~ N ~ N ~ N ~ ~ N ~ o= > a > a > a > a > o > o M N LL a ~ ~ ~ ~ ~ ~ ~ ~ ~ J ~ J n~ 0 ~ ~ ~ v D u ~ v ~ ~ ~ ~ M Vl Vl Vl Vl " J L L Q ~ W Z ' N a W Q t0 f~ 00 01 O rl n ~ M M M M ~ ~  r v ril I I I I I I I I I I I I I I I I I I I I I x c ~ o 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~E ~ m m m m m m m m m m m m m _ v O O O O O O O O O O O O O 0 ~ = 6 ~ z z z z z z z z z z z z z w w 0 ~ ~ ~ D ~ D ~ ~ ~ ~ D ~ ~ ~ ~ ~ E m m m m m m m m m m m m m ~ ~ O O O O O O O O O O O O O ~ J 6 ~ Z Z Z Z Z Z Z Z Z Z Z Z Z W N X 0 O ~ ~ D D ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _ ~ O m m m m m m m m m m m m m 0 ~ ~ O O O O O O O O O O O O O ~ N 0 Z Z Z Z Z Z Z Z Z Z Z Z Z ~ ~ ~ O O G ~ ~ ~ D ~ D ~ ~ ~ ~ ~ O ~ O _ ~ Q~ m m m m m m m m m ~ O pOi O 0~ ~ O O O O O O O O O ~ o 0 0 ~ 6 z z z z Z z z z z M {f} M w ~ ~ ~ ~ ~ ~ ~ D ~ ~ D ~ 0 O p O p O ~ ~ ~ ~ 00 00 00 00 00 CD 00 O O O O O O _ ~ Q C 0 O O O O O O 0 2'~~ can O O O O O O O ~ o 0 0 ~ o ~ 6 Z Z Z Z Z Z Z N ~ N ~ ~ ~ W W iffi ~ ~ ~ O N ~ ~ ~ D ~ ~ D ~ O O p O p O U O ~ O ~ O ~ _ ~ Q vi o0 00 00 00 00 CD o0 ~ O N O ~p O 0 ~ O O O O O O O ~ o o ~ o 6 Z Z Z Z Z Z Z M ~ M ~ N ~ ~ W ~ ~ ~ m ~ _ X O O O W G N~~ ~ ~ ~ D ~ ~ D ~ ~ O O O O O ~ ~ ~ ~ 00 00 00 00 00 CD 00 O O O . C ~ O O O ~ ,o ~ ~ O O O O O O O ~ c0 ~ o~ ~ ~ a 6 ~ Z Z Z Z Z Z Z M ~ M ~ N ~ w p +~r ~ ~ ~ O O O O O ~ 4J ~ 00 ~ 00 ~ D O O O ~ O 00 D ~ C O. > x O O O m m O O O O p O CD 00 ~ ~ Q ~ O O I~ ~ ~ O L.f) ~ ~ ~ O O ~ 2~ 6 ~ ~ ~ ~ Z Z f~ ri M ~ M ~ Z Z W W ~ ~ ~ ~ ~ X ~ ~ N C O O O O O ~ 3~ ~ p O ~ D O O O O O O D ~ O O ~ m m O O O ~ ~ ~ m m Q=j O O ~ O O O O ~ N N N O O ~ ~ 6 ~ ~ (Yj ~ Z Z I,Ij ~ N ~ N ~ Z Z U1 W p ~ ~ ~ ~ U ~ ~ ~ C C C 0 C C _0 _0 Q IG O. ~ fl. ~ O. fC O. f0 O. L Q ~ ~ ~ 3 ~ ~ ~ 3 ~ 3 ~ U ~ 4J U ~ U ~ U 3 U ~ U ~ U ~ U Z 'a 0 'a ~ 'a ~ 'a 0 'a 0 'a N 'a W L Z ~ dS 0 N ~ L N L N 0 ~ 0 N dS M~ N a~ m ~ M ~ ~ O 0 ~ ~ 0 ~ ~ M ~ ~ M ~ c d C ~ c N F ~ O N ~ 0 ~ N ~ 0 ~ ~ 0 ~ ~ O ~ ~ O V A ~ 0 ~ a o c 01 ~ U N ~ ~ ~ ~ N ~ r~ ~ ~ w ~ ~ ~ ~ ~ ~ a ~ ~ ~ ~ ~ ~ v ~ ~ v ~ o ~ o ~ - m ~ ~ m r~ ~ m ~ ~ m ~ ~ m ~ ~ m ~ ~ m a O ~ O ~ U ~ O U ~ O 0 ~ O ~ ~ O p 0 ~ O O Q ° ~ ~ ~ U G L G ~ i ~ i ~ ~ ~ ~ W ~ a~ ~ a~ ~ a~ ~ a~ 0 a~ 0 a~ a a~ o= .L > o > ~ > ~ > ~ > ~ > ~ > M N LL a N J N a N 0. N 0 N ~ N 0 N M ~p o ~ o ~ o~ o a o a o ~ o ~ J i U U 0 0 # Z ~ H U U ~ W Z  r v ril I I I I I I I I I I I I I I I I I I I I I x c ~ o 0 0 0 0 0 0 0 0 0 ~ ~E ~ m m m m m m m m m m _ v O O O O O O O O O O 0 ~ = 6 ~ z z z z z z z z z z w w 0 ~ ~ ~ ~ ~ D ~ ~ D ~ D ~ ~ E m m m m m m m m m m ~ ~ O O O O O O O O O O ~ J 6 ~ Z Z Z Z Z Z Z Z Z Z W L C ~ p0 O 0 O O ~ ~ ~ ~ o o ~ ~ 'a - ~ ~ ~ m m m m O ~ m m 0~ O Q=j ~ ~ ~ ~ O O O O N ~ O O ~ N 0 Z Z Z Z N Z Z ~ ~ ~ ~ ~ O G U~~ ~ ~ ~ ~ ~ D ~ ~ ~ ~ ~ a~ ~ o m m m m m o m o 0~~~ ~ O O O O O O ~ 6 ~ Z Z Z Z Z ~ Z ~ W ~ ~ ~ ~ ~ O ~ D ~ ~ O O p O ~ ~ O O m m m m O O O O C N 0- ~ 0 O O O O O O ~ 6 ~ ,-i ~ Z Z Z Z N ~ ~ W W ~ ~ ~ ~ x G O N ~ D ~ ~ D ~ ~ D ~ D ~ ~ V c ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ C (fj m m m m m m m m m m 0 0 O O O O O O O O O O ~ ~ ~ 6 ~ Z Z Z Z Z Z Z Z Z Z W ~ m ~ _ X O O ~ ~ W G ~ G ~ ~ D ~ ~ G ~ D ~ ~ E ~ m m m m ~ m m o N O O O O O 00 O ~ 'a 6~ ~ ~ z z z z ~ z z w p ~ O O O O ~ L p p O O O o p p p p ~ m m O O O O m m m m c 3Qa~~ ~ o ~ o j=~ 6 o z z ~ ~ z z z z w w ~ ~ ~ ~ x v~ °o o °o o °o O °o O L ~ o 0 0 0 0 0 0 0 0 0 ~ m m o 0 0 0 0 0 0 0 ~ ~ 6 ~ z z ~i ~ ~ ~ ~ ~ M ~ ~ w p ter ~r ~ ~ U L L 0 0 • ~ ~ M ~ ~ ~ L O Q '0 a N Q ~ d1 Q O Q 0 ~ cG ~ D ~ can O 3 ~ ~ ~ ~ ~ O ~ ^ ~ ~ O Z 0 u1 L u ~ U u~ u ~ O ~ ~ ~ O ~ H~ a ~ a V a i N a M a W W ~ ~ J 01 d ~ m ~ N ~ ~ ~ ~ C ~ _ ~ C ~ c ~ ~ ~ ~ ~ ~ ~ ~ ~ C H F o _r ~ ~ ~ 0 0 ~ ~ ~ 0 ~ ~ Y 0 ~ ~ ~ 01 ~ ~ 0 0l W ~ ~ _ ~ _ ~ OC U ~ r 3 c ~ O~0 c ~ 0~3 c ~ ~ c ~ OOp c ~ ~ 0~3 ~ U'1 a = C o ~ a 0 0" o ~ ~ ~ o ~ o ~ ~ u O' G ~ i 0 ~ w ~ C O ~ w C O ~ w H ~ ~ w U ~ w ~ u 4l O Q L ~ ~ W 3 L ~ L ~ OC W ~ M \ LL a ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 4l n O ~ ~ ~ a 0 0~ ~ ~ ~ M ~ 3 3~ ~ 3 ~ ~~a 3 3 ~z~ 3 ~ W Z N a W Q 00 01 O +-I N M M n ~ ~ ~ ~ N LA LA LA  r v ril I I I I I I I I I I I I I I I I I I I I 0 ~ ~ ° O ~ O ~ ~ ~ ~ o 0 0 0 o ~ o o O O o 0 _ ~ Q ~ o o ~ p m m m m °m o °m o ~ ~ ~ o ° O O O O O ~ o ~ o z z z z M ~ ~ o ~a ~ o 0 0 0 0 0 0 0 0 0 0 0 ~ ~ E m m m m m m m m m m m m ~ ~ O O O O O O O O O O O O ~ J 6 ~ Z Z Z Z Z Z Z Z Z Z Z Z W N X 0 O ~ ~ ~ D D ~ ~ ~ ~ ~ ~ ~ ~ _ ~ O m m m m m m m m m m m m 0 ~ ~ O O O O O O O O O O O O ~ ~ ~ Z Z Z Z Z Z Z Z Z Z Z Z ~ ~ ~ O G U~~ O ~ ~ D ~ ~ D ~ ~ ~ ~ ~ ~ _ ~ Q C m m m m m m m m ~ ~ m m 0 ~ O O O O O O O O ~ O O ~ 6 Z Z Z Z Z Z Z Z N ~ Z Z W ~ ~ ~ ~ ~ D D ~ ~ ~ ~ ~ ~ ~ D ~ ~ L~ ~ m m m m m m m m m m m m ~ 0 C N 0_ ~ O O O O O O O O O O O O ~ w ~ z z z z z z z z z z z z 0 0 o a o a ~ ~ D D ~ ~ ~ ~ p O O °o U O _ ~ Q v; m m m m m m O O ~ O ~ o ~ N O O N O ~ o•~ O O O O O O ~ ~ ~ ~ ~ 6 ~ Z Z Z Z Z Z O ~ N ^ M ~ W ~ ~ ~ ~ ~ ~ m O _ ~ ~ ~ X ~ L ~ ~ D D ~ ~ ~ ~ ~ ~ ~ D ~ _ ~ Q C O m m m m m m m m m m m m 0 .o•~~ ~ O O O O O O O O O O O O ~ a 6 ~ z z z z z z z z z z z z w p ~ ~ O O O O 0 00 0 0 ~ D ~ ~ ~ ~ D ~ ~ (0 L!') O Lf~ O m m m m m m m m y oa•~. ~ ~ ~ O O O O O O O O O ~ 6 ~ ~ ~ ~ Z Z Z Z Z Z Z Z W LL ~ ~ ~ X ~ ~ ~ ~ O O ~ N O 00 D ~ ~ D ~ ~ ~ ~ ~ O _ N ~ O m m m m m m m m ~ O 0 ~ ~ O O O O O O O O N ~ ~ 6 ~ O ~ Z Z Z Z Z Z Z Z N ~ U1 W p ~ ~ U W r~l Z W a L a L i"i ~ Q Q Q Z ~ ~ ~ N ~ O ~ V ~ ~ _ ~ I Z ~ N p Q 0 ~ ~ 0 U Z ~ ~ dS N ~ dS N ~ dS t ~ ~ J 01 ~ °?S N ~ Z v N O m ~ O U ~ O ~ 0 3 ~ ~ ~ J L ~ O i ~ 0 C7 ~ a o c L- c c 0 c ~ = c ~ c Z W ~ ~ ~ ~ t7~~ ~ ~ U~~ ~ ~ ~ 3~ ~ ~ J ~ ~ ~ ~ ~ ~ J a ° O ~ 0 ° O ~ 0 ° O Q D ° O Q ~ ° O ~ ° O ~ 01 ~ G ~ ~ w ~ ~ w ~ ~ w J ~ w I z ~ w s ~ w ~ H O Q ~ ~ ~ ~ L ~ ~ a a ~ a O I .L > ~ > ~ > Q > > Q > Q M ~ LL a a~ ~ a~ ~ a~ I ~ a~ a~ a~ I M O G ~ ~ D a s ~ ~ ~ ~ ~ ~ ~ ~ Q Q ~z~ Q ~ W Z N a W O ~ 11f ~ n 00 M A w/ ~ LA LA LA LA LA  r v ril I I I I I I I I I I I I I I I I I I I I I x c ~ o 0 0 0 0 0 0 0 0 0 ~ ~E ~ m m m m m m m m m m _ v O O O O O O O O O O 0 ~ = 6 ~ z z z z z z z z z z w w o ~ a ~ o 0 0 0 0 0 0 0 0 0 ~ ~ E °1 m m m m ° m m m m 0 ~ ~ O O O O ~ O O O O ~ J 6 ~ Z Z Z Z ~ ~ Z Z Z Z W ~ X 0 O ~ _ ~ o m m m m m m m m m m 0 ~ ~ z z z z z z z z z z ~ ~ o ~ ~ O O G ~ ~ D ~ ~ ~ O ~ ~ ~ O a~ m m m m ~ o m m ~ o 0~ ~ O O O O N O O O n O ~ 6~ ~ Z Z Z Z rj ~ Z Z N ~ W W ~ ~ ~ D ~ D ~ O ~ ~ p O ~ ~ ~ ~ 00 00 00 00 ~ O m m O O _ ~ Q C 0 ~ O O O 0 2'~~ can O O O O ~ O O O ~ 6 Z Z Z Z ~ Z Z ~ ~ W W ~ ~ X a oa ~ o 0 0 0 0 0 0 0 0 0 ~ V c ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ C U1 m m m m m C~ m m m m 0 O O O O O O O O O O ~ ~ ~ 6 ~ Z Z Z Z Z Z Z Z Z Z W ~ m ~ _ X o ~ ~ L ~ ~ D ~ D ~ O ~ ~ ~ ~ W Q~ o m m m m ~ o m m m m ~ ,o ~ O O O O N ~ O O O O ~ a 6~ ~ Z Z Z Z Z Z Z Z w p ~ ~ O ~ ~ D ~ D ~ 00 ~ ~ ~ ~ L N 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m m m m ~ p 00 00 00 00 y oa~~ O O O O ~ ~ O O O O ~ 2~ 6 L Z Z Z Z ~ Z Z Z Z w ~ ~r x 0 0 o ~ o 0 0 0 0 0 0 0 0 0 _ v a m m m m °o °o m m 0 ~ O O O O N ~ N O O ~ 6 ~ Z Z Z Z ~ ~ ~ Z Z U1 W p ~ ~ U C ~ ~ 0 ~ C a a ~ a s a a ~ H ~ 0 ~ 0 ~ ~ ~ ~ ~ ~ ~ 0 v v 3 v ~ v fG 'p v Z 'cn V a ~ a ~ a~ a ~ ~ a G W Z 0 N F ~ ~ f~ ~ 0 ~ f~ ~ 0 ~ ~ 0 0 L ~ O O ~ ~ O 0 ~ ~ _ _ ~ ~ a ° O ~O ° O m m ° O 3~ ° O ~ a ° O Q ON W N ~ w ~ w O ~ w 01 0~ W H ~ W m~ O r ~ s ~ ~ ~ ~ 3 oz ~ ~ > ~ > ~ > a > > ° > a~ M\ LL a Q a~ a ~ U ~ p ~ 0 I~ ~ D D 0 ~ 0 ~ ~ t M O ~ v ~ ~ Q m a m ~ Z H ~ ~ W Z ~ M n ~ ~ LA t0 t0 ~ t0 t0  r v ril I I I I I I I I I I I I I I I I I I I O O C ~ 0 0 0 0 0 0 °o 0 0 0 °o °o ~ a ~ O o m m m m O m m o 0 _ v ° O O O O ° O o O ~ ~ 0 ~ = 6 ~ ,-i ~ Z Z Z Z ~ Z ,-i Z ~ ~ w w ~ ~ L L~ X O O O O O O O ~ ~ D ~ ~ ~ ~ 0 ~ O O O O ~ O O O ~ ° oo O m m O m O m O m o 0 ~ ~ ~ ~ O O O O O O O O ~ o ~ ~ 6 .L ~ ~ Z Z ~ Z ~ Z ~ Z O J w ~ ~ ~ N X O 0 Q ~ p 00 D ~ ~ ~ ~ ~ ~ ~ O O 'Q - ~ m m m m m m m ~ ~ ~ O O O O O O N O ~ ~ ~ ~ ~ Z Z Z Z Z Z Z ~ ~ ~ ~ ~ ~ O O L L O O D ~ ~ ~ ~ ~ ~ ~ O O E~ °x ~ o m m m m m m m m rn o ~ 6~ ~ Z Z Z Z Z Z Z Z ~ W ~ ~ ~ O O L ~ ~ D ~ ~ D ~ ~ D ~ ~ _ ~ Q C 0 m m m m m m m m m m O O 0 ~ O O O O O O O O O O ~ ~ ~ 6 ~ z z z z z z z z z z w X a oa ~ o 0 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ m m m m m m m m m m m m ~ o,a O O O O O O O O O O O O ~ ~ ~ 6 ~ Z Z Z Z Z Z Z Z Z Z Z Z ~ w ~ m N _ ~ X O O W 0 r~ ~ ~ o ~ O O ~ O ~ O ~ O O ~ ~ O O p O O O O O c c ~n ~ m ~ m ~ m O ~ a 6 ~ ~ ~ ~ ~ z ~ z ~ z ~ fPr w D ~ ~ ~ ~ ~ D D ~ D ~ ~ ~ D ~ ~ ~ ~ ~ L ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m m m m m m m m m m m m m m y oa~~ O O O O O O O O O O O O O O ~ =~W o z z z z z z z z z z z z z z w x ~ o 0 0 0 0 0 0 0 0 0 ~ ~ ~ o 0 0 o w w w w w w w w p p D ~ ~ ~ D ~ ~ ~ ~ ~ ~ N N ~ N J J J J J J J J O O ~ ~ N ~ N U U U U U U U U ~ 6 - ~ ~ Z Z Z Z Z Z Z Z Z Z U i 0 ~ U ~ C ~i = a 0 a a a a a 0 a ° ~ n ~ ~ ~ ~ ~ ~ ~ > ~ Z ~ ~3 ~ o ,3 a Q a a ~ a a ~ a W - L IA li L a~ m ~ c 0~ +0+ ~ c = a ~ c ~ ~ c ~ ~ c c I-I H ~ ~ ~ ~ ~ ~ ~ U U ~ ~ ~ ~ ~ ~ ~ ~ W ~ ~ ~ W~ v ~ ~ 01s ~ ~ ~ ~ ~ ~ 3 ~ ~ x ~ ~ ~ N ~ ~ U ~ C m N ~ C m 0 C m ' C m ~ C m ~ ~ ~ m V1 a o ~ o o ~ o ~ o ~ ~ o ~ ~ W ~ ~ ~ ~ ~ ~ 3 ~ ~ ~ ~ ~ ~ ~ ~ ~ U ~ O O I .L > ai > ~ > > > ~ n~ LL a N t N ~ Q N N N ~ N M~ ~ D U ~ G ~ D ~ ~ ~ ~ J ~ a V1 ~ Z ~ m 0 W Z ~ a W ~ ~ t0 ~ I1f N ~ M A ~ ►n ~n ~e  r v ril I I I I I I I I I I I I I I I I o ~ x o 0 0 0 o ~ ~ ~ o0 00 oo oo oo ~ o _ ~ Q ~ o o o ° o °o o ~ o ~ ~ N ~ ~ O ~ ~ N ~ N N _ ~ 0~ ~ ~ ~ ~ ~ ~ ~ ~ W W ~ ~ ~ ~ L L~ X O O O O O O o ~ ~ O O O O O O ~ O ~ ~ 0~ O O O O O O O p CO CD ~ ~ C Ll~ O Lf~ Ll~ Lf1 L!7 O ~ O O O ~ O ~ O ~ ~ ~ ~ J 6 ~ ~ ~ ~ ~ t~ ~ ~ Z Z W ~ c ~ Oo ~ o O ~ ° o Q Q Q Q Q Q ~ ~ o o° m m m m m m o o ~ ~ ~ o ~ ~ O O O O O O ~ ~ Q ~ {f} ~ Z Z Z Z Z Z ~ O O O i ~ O O O O O O ~ v E~ O O O ~ O N O Q Q Q Q _ ~ Q~ ~ x O ~ ~ ~ O ~ m m m m ~ O O O 6 0 ~ ~ ~ w w ~ ~ ~ ~ X o 0 0 0 0 0 O N O r~ ~ O O O O O O ~ ~ ~ O _ ~ Q C 0 O O O O O O m m ~ O N U ~ ~ ~ ~ N ~ ~ W W X a oa ~ Q Q Q Q Q Q Q Q Q Q ~ V c ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ C U1 m m m m m C~ m m C~ C~ 0 0 O O O O O O O O O O ~ ~ ~ 6 ~ Z Z Z Z Z Z Z Z Z Z W Q m ~ ~ ~ x O O O O O W O N 0~ ~ ~ O ~ O ~ O ~ O ~ O ~ O O O O O O O O O O C ~ O O O O Ll1 ~ .0 N O O ~ ~ ~ O ~ O ~ N ~ ~ a 6 ~ ~ ~ ~ N ~ N ~ N ~ w Q ~ ~ ~ ~ ~ ~ ~ ~ Q Q Q Q Q Q Q Q Q Q x m m m m m m m m m m y oa•~ O O O O O O O O O O ~ =~W o z z z z z z z z z z ~ o ~ Q Q Q Q Q Q Q Q Q Q ~ 3 E = m m m m m m m m m m ~ ~ O O O O O O O O O O ~ ~ 6 ~ z z z z z z z z z z w o U C C C C C 0 ~ 0 Q O 0 ~ 0 ~ a a a a W Z ~ ~ ~ ~ ~ a ~ ~ ~ ~ a 0 m ~ L ~ ~ c ~ c ~ a ~ ~o ~ ~ ~o ~ ~ ~o ~ ° ~o ~ ~ N ~ ~ N N N 4J M N ~ c 11f N t0 N W~ ~ N ~ Q N ~ Q N ~ N N ~ Q N ~ Q ~ c!1 a ~ o O ~ ~ O ~ ~ m ~ ~ O ~ ~ O 0> > W ~ U ~ w U ~ w U ~ O U ~ w U ~ w 0 ~ 0 ~ 0 L 0 ~ ~ ~ M \ LL a ~ = to = to > ~ = to = a~ a~ a~ a~ M O B ~ Q ~ Q ~ ~ ~ Q ~ Q ~ J Vl Vl Vl Vl Vl ~ ~ Z H ~ W Z  r v ril I I I I I I I I I I I I I I I I I ~ ~ X O O O 0 E~ ~ ~ ~ ~ ~ p O ~ O ~ ~ ~ O 'Q Ul to o0 00 00 00 Ili O O m m ~ O Q=j >'U ~ O O O O N o ~ o ~ ~ ~ o ~ ~ Z Z Z Z ~ ai Z Z ~p O L ~ ~ O O O O p O p~ cn ~ L ~ ~ ~ ~ ~ ~ _ ~ ~ ; ~ ~ 00 00 00 00 00 CD p O N O ~ O ~ O O O O O O ~ o O O o ~ ] ~ ~ ~ Z Z Z Z Z Z ~p ~ ^ ~ u1 ~ ~ 2 ~ ~ ~ ~ ~ L ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ D ~ ~ ~ ~ ~ ~ 00 00 00 00 00 CD 00 CD 00 00 CD 00 ~ ~ O O O O O O O O O O O O cn ~ z z z z z z z z z z z z X L -p ~ ~ ~ ~ D ~ ~ D ~ ~ ~ ~ ~ ~ _ ~ ~ ~ 00 00 00 00 00 CD 00 CD 00 00 CD 00 ~ c~ O O O O O O O O O O O O ~ ~ z z z z z z z z z z z z ~ ~ L ~ L ~ D D ~ ~ D ~ ~ ~ ~ D ~ o N ~ p ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ C x m m m m m m m m m m m m ~ m u O O O O O O O O O O O O ~ ~ ~ ~ Z Z Z Z Z Z Z Z Z Z Z Z ~ ~ ~ m ~ O ~ ~ L a ~ ~ ~ o O °o °o 0 0 °o W o ~ ~ o _ ~ a ° O o ° ~ ~ O o o o O ~ ~ ~ O ~ u~ N O ~ O O O ~ O ~ ~ 6 N ~ ~ M ~ ~ CO ,-i Z Z 10 ~ O O O 0 ~ ~ ~ ~ ~ ~ ~ p O ~ O ~ ~ ~ O _ c~ Q ~ m m m m ~ o m m ~ O O O ~ m~ _ O O O O O O O O O N O ~ 6 Y Z Z Z Z O ~ 00 ~ Z Z O ~ w ~ ~ ~ ~ ~ O O O ~ O ~ p~ O ~ D D ~ O ~ ~ ~ ~ ~ ~ O = 3 m m m m O ~ m m m m °O O ~ ~ ~ O O O O ~ O O O O ~ O ~ C 6 L Z Z Z Z ~ Z Z Z Z ~ ~ ~ W ~ ~ ~ ~ ~ ~ _ ~ C ~ C ~ C ~ - ~ C ~ - 0 ~ n ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W _ a a a a ~ a a ~ a N m N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ p ~ ~ ~ ~ ~ p F O ~ L ~ ~ L ~ ~ L ~ ~ L ~ O ~ ~ O L ~ 0 ~ ~ a W o o o o W~ U N O ~ Q 01 ~ Q 00 ~ Q n ~ Q ° ~ Q t0 ~ Q ° U ~ ~ ° c m ° c m ° c m ° c m r~ c m ° c m ~ ~ V1 a D o ~ ~ o ~ 0 0 o ~ U o ~ o ~ U W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a ~ ~ ~ ~ ~ a O Q ° U ~ L L i L i ~ J ~ L L J \ W ~ i N 0 N 0 N 0 N N 0 N ~ _ •L ~ ~ N ~ N ~ N ~ i ~ N ~ i N n\ LL a G ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~ N M ~ O ° ° ° ~ J ~ ~ Z H W ~ a W ~ ,-I N M ~ LA t0 I~ M r1 w/ ~  r v ril I I I I I I I I I I I I I I I I I I I I I ~ ~ O O O O O O ~ ~ O O D ~ = Ul ~ ~ ~ O ~ O ~ O m m ~ O m m 0 ~u ~ O ~ O ~ O O O N O O O ~ ~ ~ ~ ^ N Ui ~ ~ ~ Z z ~i ~ Z z Y ~ ~ ~ ~ ~ ~ ~ i ~ ~ O O O O O O O O O O O O L O O O O O O ~ ~ ~ ~ ~ X ~ O ~ O ~ O ~ O ~ O ~ O 0 C~~~~ ~ O ~ O ~ O ~ O O O O O 2 ~ tPr tf~ t~ ~ ~ ~ X O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o po D ~ ~ ~ ~ m m m m m m m m O O m m ~ ~ O O O O O O O O ~ ~ O O ~ ~ Z Z Z Z Z Z Z Z N ~ Z Z ~ ~ X O ~ -p ~ ~ ~ ~ ~ ~ ~ D ~ ~ ~ O ~ D 0 N ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ m m m m m m m m ~ m m ~ ~ O O O O O O O O ~ ~ O O ~ ~ Z Z Z Z Z Z Z Z N Z Z ~ ~ ~ ~ ~ ~ L ~ ~ ~ ~ ~ D ~ ~ ~ ~ ~ D 0 N ~ p ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ C X m m m m m m m m m m m m ~ m u O O O O O O O O O O O O ~ ~ ~ ~ Z Z Z Z Z Z Z Z Z Z Z Z ~ ~ ~ m ~ O O W G ~ ~ ~ ~ p0 ~ ~ ~ ~ ~ ~ ~ D _ ~ Q dj m m ~ O ~ O m m m m m m ~ ~ 6 ~ Z Z ~ ~ (rj ~ Z Z Z Z Z Z W t~ t~ L ~ ~ p O O ~ O O ~ ~ p O p O 0 ~ O O O ~ O O ~ O O O _ c~ Q ~ ~ O ~ O ~ O m m ~ O O O 0 m _ ~ O n O ~ O O O ~ O O ~ 6 Y ~ ~ M ~ ~ ~ Z Z N ~ ~ W ~ ~ ~ ~ ~ ~ ~ ~ O ~ p~ O ~ ~ 0 p0 ~ D ~ ~ ~ ~ ~ D = 3 Q m m O O m m m m m m m m 0 L~ O O ~ O O O O O O O O ~ C 6 Z Z Ln Z Z Z Z Z Z Z Z ~ W ~ ~ C 0 C o. = a ~ a _0 Q a _0 0. ~ 7 ~ ~ ~ 1 ~ ~ - 1 ~ ~ a~ v ~ v 3 v v r~ ~ ~ ~ W 'cn a ,0 a ~ a ~ a ~ a ~ a ~ L Z ~ ~ dS ~ ~ dS L ~ oZS 0 ~ dS ~0 ~ dS 0 ~ o~ W 0 a ~ m ~ c ~ c o ~ c ` ~ ~ ~ ~ ~ ` ~ ~ ~ 00 H ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ i ~ ~ 0 ~ ~ Q o0 0+ ~ v ~ ~ ~ ~ ~ p ~ ~ G ~ ~ ~ ~ ~ C ~ ~ ~ W U U c ~ ~ c ~ c ~ ~ c ~ ~ ~ ~ ~ ~ ~ ~ a o m D o m ~ o U o m ~ o m U o m W U 01 > G ~ ~ ~ ~ ~ ~ a ~ ~ a ~ ~ U ~ ~ a ~ ~ W a~ \W ~ ~ J ~ L ~ J L 3 ~ 0 2 ~ > ~ > J > > ~ > > 0 M a - 0 - ~ - L - N - L - J 0 0 0 n~ LL ~ 0 ~ N D N ~ ~ ~ N ~ 0 M pp O D 0 0 0 0 J ~ D D s Z H W • ~ a W ~ O 01 O ,-I N M M n A/ ~ 1••I 1••I 1'I T•I  r v ril I I I I I I I I I I I I I I I I I I I I L X O O O O O O O O O O O O O O O O O 0 E~ ~ ~ ~ ~ O ~ O ~ O O O ~ O ~ 'Q Ul ~ m m O O O O ~ O p~ Q=j ~ U ~ O O ~ O ~ O ~ O ~ O ~ O ~ N ~ N ~ N ~ N ~ N ~ > ~ O O p ~ cn ~ o ~ ~ ~ D ~ D ~ ~ O ~ ~ G ~ _ m m m m m m m m ~ O ~ p m ~ O O O O O O O O ° O O ~ v o z z z z z z z z ~ ~ ~ ~ z _ ~ ~r ~ L ~ ~ ~ ~ ~ D ~ D ~ ~ ~ ~ D ~ ~ ~ ~ ~ m m m m m m m m m m m m m ~ ~ O O O O O O O O O O O O O cn ~ z z z z z z z z z z z z z X L -p ~ ~ ~ ~ ~ ~ D ~ D ~ ~ ~ ~ ~ ~ _ ~ ~ m m m m m m m m m m m m m ~ c~ O O O O O O O O O O O O O ~ ~ z z z z z z z z z z z z z O L ~ ~ °o °o °o °o O o °o ° °o ° °o ~ ~ ~ ~ c •c o x m m O O ~n O 00 ~ ~n ~ O ~ ~0 O o 0 ~ m v ~ ~ O O ~ ,~-i ~ ~ pOp O ~ ~ ~ O ~ ~ ~ o z z o~ ~ ~ ~ ~ ~ ~i ~ ~i 00 c0 O ~ ~ L a ~ o o °o °o °o ° o o O O ° ° o W ~ O 0 0 0 0 o ~ o ~ _ ~ Q ~ o 0 0 0 0 o m m O o ~ o m ~ ~ O O N 11) ~ O O LO O ~ O O ~ 6 ~ ~ ~ 0~ ~ t0 Z Z ~ ~ ~ ~ Z W ~ ~ ~ ~ ~ ~ ~ ~ ~ O O L ~ x O O O O °O O °O p °O O °O a, E ~ ~ ~ ~ O ~ O O O O O O O O ~ m m O O O O O oZ5 p. ~ O O N O O O O O O O O O O ~ m 6 ~ z z ^ ~ to ~ ~i ~ ~ ~ ~i ~ ~i ~ ~ ~ o 0 o a~ o 0 0 0 0 0 0 0 0 0 0 0 °o 0 L x m m m m m m m m m m O° m c ~ •a ~ ~ ~ ~ ~ O O O O O O O O O O ~ O ~ C 6 L Z Z Z Z Z Z Z Z Z Z ~ ~ Z ~ w ~ ~ C C C C C ~ ~ ~ ~ ~ cn ~ 3 ~ 3 ~ 3 ~ 3 ~ 3 ~ rl ~ ~ ~ U ~ U Q U ~ U ~ U Q W ~ 'a ~ 'a ~ 'a ~ 'a ~ 'a ~ 'a ~ ~ a ° ~ ~ o ~ ~ o ~ ~ o ~ ~ o ~ ~ o ~ ~ U ~ W U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~3 ~ c m U c m U c m U c m U c m U c m c ~ V1 a o ~ ~ o ~ ~ o ~ ~ o ~ ~ o ~ ~ o ~ o W ~ ~ L ~ ~ L ~ ~ L ~ ~ L ~ ~ L ~ ~ ~ ~ ~ ~ ~ ~ ~ o a ~ ~ ~ ~ ~ ~ ~ ~a ~ ~ ~ ~ \ W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _ ~ J ~ J ~ J ~ J ~ J ~ Q~j I~ ~ LL a p ~ p ~ p ~ p ~ p ~ p s ~~a 3 3 3 3 3 ~z~ ~ W Z N a W Q ~ ~ t0 I~ 00 G1 M n A/ ~ 1"I 1"I 1"I 1"I 1'I 1'I  r v ril I I I I I I I I I I I I I I I I I I I I O L X O O O O O O O O O O ~ O ~ ~ O ~ O O O ~ O •Q Ul ~ O O m O ~ O O ~ O O O t ~ O O I.1'l O I.11 O N O O O Y ~ ~ ~ ~ ~ ~ ~ L ~ ~ O O p O p O p O 0 ~ ~ L ~ ~ ~ O O O O _ ~ X m m m O O ~ O O O O O ~ ~ 00 ~ ] ~ ~ ~ Z Z Z ~ ~ CO 0~ I1~ ~ ~ O ~ ~ ~ X O ~ ~ ~ o po ~ ~ ~ ~ ~ ~ ~ ~ 'Q ~ m O O m m m m m m m m ~ ~ O N O O O O O O O O cn ~ z r~ ~ z z z z z z z z o ~ x p ~ o 0 0 0 0 0 0 0 0 0 0 o N ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 00 00 00 00 CD CD CD CD CD O ~ ~ O ~ O O O O O O O O ~ ~ z r~ z z z z z z z z o ~ o ~ ~ L o 0 0 °o o p p O ~ 0 0 ~ c .c ° x o o m m o ~ o 0 c ~ ~ m y ~ o ~ ~ O O n N ooi ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ z z ~ ~ ~ m ~ ~ N ~ D D D O O O O O O O O W 0 O O O ~ ~ ~ ~ dj 00 00 00 ~ O p O p p ~ O Q=j ~ ~ O O O O O ~ O ~ O Q~ O ~ ~ ~ ~ M ~ 6 ~ Z Z Z 11~ ~ ~ ~ O ~ ~ ~ O O O O L ~ X O O C O O ~ O ~ ~ o 0 0 0 o O o o • ~ v ° O O O O ~ O ~ °o N o ~ 00W Y ~ z z z z M ~ ~ ~ ~ ~ ~ ~ ~ L o ~ ~ 0 0 o a~ o 0 0 0 0 0 0 0 0 0 °o. 0 ~ 3 E x m m m m m ° o m m ° o Q=j O O O O O N ~ O O ~ ~ ~ C 6 L Z Z Z Z Z Ln Z Z ~p ~ ~ W ~ ~ ~ ~ ~ C 0 = 0 C C C Z 3 3 3 W a L a ~ ~ a i a ~ a' a a' a ~ a~ m ~ ~ ~ ~ ° 0 ~ = O ~ ~ Q 0 ~ ~ 0 ~ ~ 0 H F ~ ~ N ~ ~ a N ~ ~ ~ ~ ~ H LA ~ ~ O ~ ~ N 0 C *i ~ a 01 ~ ~ ~ ~ ~ ~ ~ ~ ~ M ~ ~ N a~ ~ o~~ o~~~ o~~ o> M o M o M W ~ ~ ~ ~ U m U c m ~ U c m U c m a ~ m ~ ~ m o r~ ca ca W ~ ~ ~ ~ ~ ~ ~ ~ 0 i ~ ~ ~ U ~ ~ U ~ ~ U \W ~ ~ ~ ~ g ~ ~ i ~ ~ ~ ~ ~ ~ I~ ~LL a ~ 0 ~ 0 D L ~ u ~ v ~ v M~ Q s 0 0 W W W ~~Q 3 g ~ ~ Z H ~ W Z N a W 0 O +-I N M ~ N n ~ N N N N N N  r v ril I I I I I I I I I I I I I I I I I I I I L ~ x O O O O O O O O O O O 0 ~ O ~ ~ O ~ ~ p O p O p 'Q Ul ~ ~ O m m ~ ~ m m ~ p O p I~ Q=j U ~ O O ~ ~ ~ O O ~ ~ O ~ O O ~ ~ ~ ~ ~ ~ z z ~ ~ z z ~ ~ ~ ~ ~ Y ~ ~ ~ ~ ~ ~ ~ > ~ O O O O ~ O ~ O O O O ~ O O ~ ~ ~ O ~ O ~ D ~ ~ ~ _ ~ ; ~ X O 00 00 O O O O CD 00 CO CD ~ ° O O o° ° O O O O 0 ~ ~ °J v ~ ~ ~ z z ~i ~ ~i ~ z z z z ~ _ ~ ~ ~ ~ x o 0 O 0 L ~ ~ ~ ~ ~ ~ o o O o O O o O ~ • 'a ~ 00 00 00 00 ~ ~ ~ ~ C O p0 ~ m o ~ N ~ O O O O N o N O N ~ ~ O ~ ~ ~ Z Z Z Z ~ ~ ~ ~ LO ~ ~ ~ Z ~ L -p ~ ~ ~ G ~ O ~ O G C ~ ~ ~ O ~ ~ ~ ~ ~ O O O ~ ~ ~ m m ~ ~ m ~ c~ ~ 00 O O ~ O Ot O O O p p O ~ ~ a ~ ~ ~ ~ ~ ~ ~ M ~ Z Z ~ ~ Z ~ ~ ~ ~ ~ ~ ~ ~ o L ° o ° o ° O ° o 0 0 0 0 0 o ~ a~ L o ~ ~ o ~ ~ 0 0 O ~ c.~ Ox ~ O m m ° o m m ~ O ~ O 00 ~ ~ L ~ ~ z z ~ ~ z z o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m o0 O 0 0 ~ c O° g o o c c o 0 0 0 0 0 0 0 0 W ' _ ~ Q ~ o O O m m m m m m o o m o ~ ~ ~ 0t N O O O O O O N ~ O ~ 6 ~ ~ ~ M ~ Z Z Z Z Z Z ~ ~ Z w ~ ~ O L ~ ~ p O ~ ~ p O 0 ~ p O O O O 0 ~ O O O O ■ O O O O O O O O _ v ~ ° O O O° O O o o p O o > m 6 Y z z z z o ~ to ~ ~ w ~ ter ~r ~ ~ ~ ~ o 0 oar o 0 0 0 0 0 0 0 0 0 0 0 0 0 = 3 Q m m m m O o m m m m m m m o ~ O O O O ~ O O O O O O O ~ C 6 L Z Z Z Z ~ Z Z Z Z Z Z Z ~ w ~ tip ~ ~ ~ L L L _ _ = O O O a 0 0 a 0 O_ ~ Q ~ Q~ ~ ~ ~ ~ ~ ~ ~ 0 ~ 0 ~ 0 ~ U 3 U 3 U = U U U 'a a a 'a ~ a ~ a ~ ~ ~ 0' 0' W ~ 0 0 0 Z ~ dS dS dS dS 3 rC ~ 3 ~ ~ 3 c~ L O L L O a~ m (a ~ 0- (o ~ 0 (o ~ 0- fo ~ i V (a ~ i V fa D i u (o ~ N 0 ~ N ~ N 0 ~ ~ ~ ~ a~ ~ ~ p M L ~ p M ~ p M L ~ p s~ ~ p ~ p s~ ~ s s s W a O ~ ~ O ~ V O O 0 ~ O 0 ~ O 0 ~ O O o~ > o ~ ~ ~ u 3 ~ ~ ~ ~ 3 ~ ~ 30 ~ ~ 30 ~ ~ 30 ~ O Q i i L i i i ~ 0 L 0 ~ 0 L L M L LA N L M LL a ~ 0 ~ 0 ~ 0 ~ ~ ~ ~ M p\p 0 ~ X ~ ~ ~ ~ ~ u ~ v ~ v ~ J W W W W W W Z H W Z ~ a W ~ W N W N N N M r1 w/ 7 N N  W vril I I I" I I I I I I "I I I I I I I I I I I L ~ X O O O O O O O ~ 0 E N ~ O ~ O ~ ~ ~ ~ ~ O ~ O 'Q Ul ~ O m m m m O O OOi O N O Uy O ~ O ~ ~ 0 ~u ~ O ~ O O O O O O O ~ ~ ~ ~ ~ ~ ~ ~ z z z z ~ ~ ~ Y~ ~ ~ ~ ~ ~ ~ O O p ~ cn ~ o p ~ ~ D ~ ~ ~ ~ ~ ~ ~ ~ ~ X O m m m m m m ~ ~ ~ ~ m ~ ~ ~ ~ ~ O O O O O O ~ ~ ~ ~ O ~ ] ~ ~ ~ ~ Z Z Z Z Z Z ~p ~ ~ Z ~ 2 ~ ~ ~ L ~ ~ ~ ~ ~ D ~ ~ ~ ~ ~ ~ D ~ 0 N ~ ~ i--i i--i 'Q ~ ~ m m m m m m m m m m m m ~ ~ O O O O O O O O O O O O cn ~ z z z z z z z z z z z z X L -p ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _ ~ m m m m m m m m m m m m 0 c~ O O O O O O O O O O O O ~ ~ z z z z z z z z z z z z ~ o G ~ p0 ~ ~ ~ ~ ~ ~ ~ ~ D ~ ~ _ o ° o m m m m m m m m m r~ j 00 ~ o ~ ~ z z z z z z z z z ~ ~ ~ ~ 00 ~ L N ~ ~ O O O O ~ ~ O O O O ~ 0 O O ~ O W _ ~ ~ m O ~ ~ ~ m m N ~ O p0 ~ N O O 0t > ~ 6 ~ z ~ ~ ^ ~ z z uy ~ ~ o ~ O O 0 ~ p ~ ~ D ~ ~ ~ ~ 0 ~ ~ ~ _ c~ Q ~ O m m m m m m o O o O m 0 m~~ ~ O O O O O O o ~ O N O ~ 6 a~ ~ z z z z z z ~ ~ ^ ~ z w Y ~ ~ ~ ~ O O C O ~ p~ O ~ ~ ~ D ~ ~ ~ O 00 D ~ O = 3 Q m m m m m m m ~ O m m O 0 O O O O O O O ~ O O ~ C 6 ~ Z Z Z Z Z Z Z O ~ Z Z ~ ~ W ~ ~ ~ L L ~ O C O C L L L a= a O 0 Q O 0 Q 0 Q 0 Q 0 ~ j ~ j n V j n V j ~ j ~ j O ~ ~ u 0 v ~ v v ~ N u M Z ~ 'a 0 'a ~ ~ = 'a ~ = 'a c~ D 'a ~ 'a p W - 0 m c s c Z~ c~ c i U ~ c U ~ ~ W~ a m M O o m V1 ~ M c m~ M c m tl~ OC 3~ m~ 3 c m 0 3 ~ O ~ i~ 0 ~ L i 0 ~ i 0 ~ i 0 0 ~ ~ W N lL fG ~ ~ ~ N 0 ~ ~ ~ 0 ~ ~ ~ V ~ 0 ~ ~ ~ 0 ~ ~ ~ 0 ~ ~ p_ U C C C C 0 ~ W •v ~ ~ ~ ~ 4l 4l ~ 0 0 ~ ~ ~ ~ ~ ~ L ~ ~ ~.I M N a _ _ u> _ v> _ ~ _ ~ - v n~ 0 ~ ~ ~ ~ 3 ~ ~ 3 ~ L ~ L ~ L J ~ W Z H p W Z N a W 0 O +-I N M ~ LA n ~ M M M M M M  r v ril I I I I I I I I I I I I I I I I I I I I I x ~ p o 0 0 0 0 0 0 0 0 0 0 o E ~ o ~ Ul vi ~ 00 00 00 00 co 00 00 c0 00 c0 00 ~ ~u ~ O O O O O O O O O O O O ~ ~ N Z Z Z Z Z Z Z Z Z Z Z Y ~ ~ ~ O L ' ~ ~ O p0 p~ cn ~ L ~ O O ~ D ~ ~ ~ ~ ~ ~ _ ~ (6 ; j x 00 Op ~ 00 00 C~ 00 00 C~ 00 CO p 0~~~ O ~ ~ O O O O O O O O ~ ~ a, Z ~ ~ Z Z Z Z Z Z Z Z ~p 2 ~ ~ ~ ~ ~ ~ D ~ ~ D ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 00 00 00 00 00 CD 00 00 CD 00 CO 00 ~ ~ O O O O O O O O O O O O cn ~ z z z z z z z z z z z z X ~ ~ ~ ~ ~ ~ ~ D ~ ~ ~ ~ ~ ~ _ ~ ~ ~ 00 00 00 00 00 CD 00 00 CD 00 CD 00 0 c~ O O O O O O O O O O O O ~ ~ z z z z z z z z z z z z ~ ~ ~ ~ L ~ ~ ~ ~ ~ D ~ ~ ~ ~ ~ ~ ~ N ~ ° ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ C x m m m m m m m m m m m m ~ m u O O O O O O O O O O O O ~ ~ ~ ~ Z Z Z Z Z Z Z Z Z Z Z Z ~ ~ ~ m O O N _ ~ c X O p O O ~ G O C O O W G O~ ~ O ~ O O O O O O O ~ ~ 0 _ ~ p. ~ o ~ o ~ O O C p ~ m m ~ 0 ~ ~ o ~ ~ O ~1f ~ O N O O p ~ ~ ~ ~ ~ ~ O O L ~ ~ ~ ~ O ~ D ~ O ~ O ~ ~ O ~ ~ 00 O p o0 00 ~ p ~ p o0 m ~ = a v O O O O O ~ O O O O O O j 00 6 Y z o~ z z ~ ~ z z ~ w ~ ~ ~r ~ ~ O O O C ~ p~ O 0 D ~ ~ D O ~ ~ ~ ~ ~ 0 = 3 O m m m m O O 00 CD 00 CD O 0 o O O O O ~ ~ O O O O o ~ C 6 L Z Z Z Z ~ ~ Z Z Z Z ~p ~ W ~ ~ ~ ~ ~ ~ C C ~ ~ ~ ~ 0 0 d = d = fl. = O. _ ~ f~ vii 1 ~ 1 ~ ~L ' ~ ~ ~ 3 1 3 U U U U U U ~ G Z ~ 'a ~3 'a ~3 'a 'a 'a ~ 0 'a 0 W - ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W G ~ ~ 0 ~ a~ m~~ L~~ L~~ L~~ L~ ~ o M~ ~ M a ~ ° W o ~ ° o ~ ° o ~ ° o ~ ~ Q ~ ~ ~ ~ ~ ° ~ a M ~ ~ ~ ~ ~ ~ ~ M ~ ~ 0 a~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W U'J a m o m o m o m o m ~ U o m U o ~ W O ~ O fG O ~ O ~ O U O oa ° L L ~ L L L ~ ~ c ~ o W U N ~ N ~ N ~ N ~ N ~ ~ N ~ o= > a > a > a > a > o > o M N LL a ~ ~ ~ ~ ~ ~ ~ ~ ~ J ~ J n~ 0 ~ ~ ~ v D u ~ v ~ ~ ~ ~ M Vl Vl Vl Vl " J L L Q ~ W Z ' N a W Q t0 f~ 00 01 O rl n ~ M M M M ~ ~  r v ril I I I I I I I I I I I I I I I I I I I I I ~ ~ ~ X 0 ~ a~ ~ ~ ~ D ~ D ~ ~ ~ ~ D ~ ~ ~ 'a U1.~ vi m m m m m m m m m m m m m ~ ~u ~ O O O O O O O O O O O O O ~ ~ z z z z z z z z z z z z z Y~ ~ ~ ~ O o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ o _ 0 m m m m m m ~ ~ ~ O m m O c c~ ~ O O O O O O ~n ~n O O ~ ~ Z Z Z Z Z Z N ~ N ~ Z Z ~ 2 ~ ~ ~ X O O ~ ~ ~ ~ D ~ D ~ ~ 0 ~ O ~ ~ ~ ~ ~ ~ m m m m m m m O ~ O ~ m m 0 ~ O O O O O O O o ~ ~ O O ~ ~ Z Z Z Z Z Z Z N ~ N ~ Z Z ~ ~ ~ X O O O ~ -p ~ ~ ~ ~ D ~ ~ D ~ ~ O ~ O ~ O 0 ~ ~ m m m m m m m N O N O ~ O LA ~ LA ~ G1 ~ ~ O O O O O O O 0~ ~ 0~ ~ ~ N ~ ~ Z Z Z Z Z Z Z N ~ N ~ rl ~ ~ ~ ~ ~ ~ ~ O O O O o ~ ~ D ~ ~ D ~ ~ O ~ O D ~ _ ~x m m m m m m m rn O rn o m m 0 m U ~ O O O O O O O ~ ~ ~ O O ~ ~ z z z z z z z ~ ~ z z 00 N _ ~ c X o ° o ° o ° o ° o W 0 O °J ~ O o O ~ ~ o O o O o O D ~ ~ Oi O ~ O m m O O O O O O m m ~ C Ll~ N O ~ O O O O O ~ ~ ~ > ~ ~ ~ Z Z ~ ~ ~ ~ ~ ~ Z Z ~ 6 ~ ~ ~ ~ ~ ~ M ~ ~ W ~ ~ ~ ~ ~ O L ~ X O O O ~ O 00 p 00 O 00 O ~ L ~ ~ ~ m m O O O O O O O O _ c~ Q ~ O O O O O O O O O O O ~ m - O O O ~ ~ ~ O O O O O ~ O ~ 6 ~ M N M Z Z ~ ~ c~ ~ c~ ~ cv ~ w ~ ~ ~ ~r ~ ~ L p N ~ O ~ O ~ D ~ ~ O O O O D ~ _ L O ~ O m m G ~ 00 O 00 O m m ~ ~ O ~ O O O O ~n O O O O j 6 0 ~ ~i ~ z z ^ ~ ~i ~ ~i ~ z z ~ ~ ~ C C C 0 C C _0 _0 IG O. ~ fl. ~ O. fC O. f0 O. L Q ~ ~ ~ 3 ~ ~ ~ 3 ~ 3 ~ U ~ ~ U ~ U ~ U 3 U ~ U ~ U ~ U Z 'a 0 'a ~ 'a ~ 'a 0 'a 0 'a N 'a W L Z ~ dS 0 N ~ L N L N 0 ~ 0 N dS M~ N a~ m ~ M ~ ~ O 0 ~ ~ 0 ~ ~ M ~ ~ M ~ c d C ~ c N F ~ O N ~ 0 ~ N ~ 0 ~ ~ 0 LO ~ O O ~ O V~~ 0 ~ a o c 01 ~ U N ~ ~ ~ ~ N ~ r~ ~ ~ w ~ ~ ~ ~ ~ ~ a ~ ~ ~ ~ ~ ~ v ~ ~ v ~ o ~ o ~ - m ~ ~ m r~ ~ m ~ ~ m ~ ~ m ~ ~ m ~ ~ m a O ~ O ~ U ~ O U ~ O 0 ~ O ~ ~ O p 0 ~ O O Q ° ~ ~ ~ U G L G ~ i ~ i ~ ~ ~ ~ W ~ a~ ~ a~ ~ a~ ~ a~ 0 a~ 0 a~ a a~ o= .L > o > ~ > ~ > ~ > ~ > ~ > M N LL a N J N 0. N 0. N ~ N ~ N 0 N M ~p o ~ o ~ o~ o a o a o ~ o ~ J i U U 0 0 # Z ~ H U U ~ W Z  r v ril I I I I I I I I I I I I I I I I I I I I I ~ ~ X O O O ~ ~ ~ O O ~ ~ ~ O ~ O Ul ~ m m ~ O m m ~ O ~p O ~ >,U ~ O O O O O ~ O N o ~ ~ ~ ~ Z Z ~ ~ Z Z N ~ ~ ~ Y~ ~ ~ ~ ~ > ~ O O O ~ ~ ~ ~ O O 0 ~ O O p O p "O to ~ O O O _ ~ x m m p0 O m m ~ O ~ O ~ ~ ~ ~ ~ O O o ~ ~ m ~ ~ o > > ~ ~ ~ Z Z u~ ~ Z Z ~ ~ ~ ~ 2 ~ t~ ~ ~ X ~ ~ ~ O O ~ ~ D ~ O O p O O O O ~ ~ ~ ~ m m m m ~ O p O ~ ~ a~ ~ ~ ° O O O O O o 0 0 ~ Ul ~ ~ ,-i ~ Z Z Z Z N ~ I.r~ p ~ ~ ~ X O O O ~ -p ~ ~ ~ O ~ D ~ ~ ~ O ~ O 0 N ~ ~ O ~ O O O ~ p ~ Q=j ~ N 0 ~ ~ O O O O o0 O O ~ ] ~ ~ ,-i ~ Z Z Z Z ri ~ ~ ~ p ~ ~ ~ ~ ~ O G ~ ~ ~ ~ D ~ ~ D ~ D ~ C ~ x ~ ~ m m m m m m m m ~ 0 m ~ L O O O O O O O O O ~ ~ ~ ~ ~ Z Z Z Z Z Z Z Z ~ ~ m N N _ ~ c X p O p O W G O~ ~ D ~ O O D ~ D ~ _ ~ Q ~ m m ~ ~ ~ O m m m m 0 > z z u' N u' ~ 0 z z z ~ w ~ ~ ~ ~ ~ ~ O 0 ~ D ~ 0 D D ~ ~ p ~ O _ c~ Q ~ m m o m m m o o p O O O ~ O O O ~ ° to M m 6 Y Z Z I.r) Z Z Z ,-i ~ M ~ w ter ~ ~ ~ ~ O ~ p~ O D ~ 0 ~ D ~ D ~ D ~ = 3 Q m m O O m m m m m m 0 L~ O O ~ O O O O O O ~ c 6 Z Z O ~ Z Z Z Z Z Z ~ w ter L L Q Q • ~ ~ M ~ ~ ~ L O Q '0 a N Q ~ d1 Q O Q 0 ~ cG ~ D ~ can O 3 ~ ~ ~ ~ ~ O ~ ^ ~ ~ O Z ~ u1 L u ~ U u~ u ~ O ~ ~ ~ O ~ H~ a ~ a V a i N a M a W W ~ ~ J 01 d ~ m ~ N ~ ~ ~ ~ C ~ _ ~ C ~ c ~ ~ ~ ~ ~ ~ ~ ~ ~ C H F o _r ~ ~ ~ G 0 ~ ~ ~ 0 ~ ~ Y p ~ ~ ~ 01 ~ ~ 0 0l W ~ ~ _ ~ _ ~ OC U ~ r 3 c ~ O~0 c ~ 0~3 c ~ ~ c ~ OOp c ~ ~ 0~3 ~ U'1 a = C o ~ a 0 0" o ~ ~ ~ o ~ o ~ ~ u O' G ~ i 0 ~ ~ ~ = 0 ~ ~ = 0 ~ ~ H ~ ~ a U ~ a ~ u 4l O Q L ~ ~ W 3 L ~ L ~ OC W ~ M \ LL a ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 4l n O ~ ~ ~ a 0 0~ ~ ~ ~ M ~ 3 3~ ~ 3 ~ ~~a 3 3 ~z~ 3 ~ W Z N a W Q 00 01 O +-I N M M n ~ ~ ~ ~ N LA LA LA  r v ril I I I I I I I I I I I I I I I I I I I I ~ O O O ~ X O o 0 o E~ ~ ~ °o ~ °o o °o 0 0 0 0 0 0 0 0 ~ cn.~ u; ~ o ~ o O o m m ° o ° o ~ ~u ~ ° ~ ° ~ O O O rn o o ~ ~ ~ ~ ~ ~ N ~ z z ~ ~ ~ ~ Y ~ ~ ~ i ' 0~ cn ~ L ~ ~ D ~ ~ D ~ ~ D ~ ~ ~ _ m m m m m m m m m m m m O c c~ O O O O O O O O O O O O ~ v o z z z z z z z z z z z z _ ~ ~ ~ ~ ~ D ~ ~ D ~ ~ D ~ ~ ~ ~ ~ ~ m m m m m m m m m m m m ~ ~ O O O O O O O O O O O O cn ~ z z z z z z z z z z z z X ~ ~ ~ D D ~ ~ ~ ~ ~ ~ ~ D ~ _ ~ m m m m m m m m m m m m 0 c~ O O O O O O O O O O O O ~ ~ z z z z z z z z z z z z ~ ~ ~ ~ L ~ D D ~ ~ ~ ~ ~ ~ ~ D ~ 0 N ~ p ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ C x m m m m m m m m m m m m ~ m u O O O O O O O O O O O O ~ ~ ~ ~ Z Z Z Z Z Z Z Z Z Z Z Z ~ ~ ~ m ~ N _ ~ c X p O ~ 0 O~ ~ o O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W = ~ Q ~ O p o0 00 00 00 00 00 00 00 m m 0 ~ u' O Z Z Z Z Z Z Z Z Z Z > 6 ~ n ~ W ~ ~ o ~ o 0 0 0 0 0 0 0 0 0 0 _ c~ Q ~ o o m m m m m m m m m m o° 0 0 O O O O O O O O j 00 6 Y ~ ~ z z z z z z z z z z w ~ ~ ~ ~ O ~ p~ o ~ D 0 00 ~ D ~ ~ ~ ~ O O = 3 Q ~x m m o o m m m m m m O O ~ ~ O O ~ ° O O O O O O 00 O ~ ~ 6 ~ Z Z ~ ~ Z Z Z Z Z Z N ~ ~ w ~ ~ ~ W r~l Z W a L a L i"i ~ Q Q Q Z ~ 0 ~ 0 ~ I O > > > ~ ~ ~ N ~ O ~ V ~ ~ _ ~ I Z ~ N O Q 0 ~ ~ 0 U Z ~ N dS N ~ dS N ~ dS t ~ ~ J 01 ~ °?S N ~ Z v N O m ~ O U ~ O ~ 0 3 ~ ~ ~ J L ~ O i ~ 0 C7 ~ a o c L- c c 0 c ~ = c ~ c Z W ~ ~ ~ ~ t7~~ ~ ~ U~~ ~ ~ ~ 3~ ~ ~ J ~ ~ ~ ~ ~ ~ J a ° O ~ 0 ° O ~ 0 ° O Q D ° O Q ~ ° O ~ ° O ~ 01 ~ G ~ ~ ~ ~ ~ ~ ~ ~ ~ J ~ ~ I z ~ ~ s ~ ~ ~ H O Q ~ ~ ~ ~ L ~ ~ a a ~ a O I .L > ~ > ~ > Q > > Q > Q M ~ LL a a~ ~ a~ ~ a~ I ~ a~ a~ a~ I M O G ~ ~ D a s ~ ~ ~ ~ ~ ~ ~ ~ Q Q ~z~ Q ~ W Z N a W O ~ 11f O n 00 M A w/ ~ LA LA LA LA LA  r v ril I I I I I I I I I I I I I I I I I I I I I ~ ~ X O O L ~ 0 ~ N O O ~ ~ ~ ~ ~ ~ = Ul ~ ~ m m m m ~ O m m ~ O ~ ~u O O O O ~ O O o 0 ~ ~ Z Z Z Z N ~ Z Z N ~ Y~ ~ ~ ~ i ' 0~ cn ~ L ~ D ~ ~ ~ ~ ~ ~ D ~ _ m m m m m m m m m m O O O O O O O O O O ~ v o z z z z z z z z z z _ ~ ~ ~ ~ D ~ ~ ~ ~ ~ ~ D ~ 0 N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m m m m m m m m m m ~ ~ O O O O O O O O O O cn ~ z z z z z z z z z z 0 x o ~ o 0 0 0 0 0 0 0 0 0 o N ~ ~ ~ ~ ~ O ~ ~ m m m m ~ m m m m ~ ~ O O O O ~ O O O O ~ ~ Z Z Z Z Z Z Z Z ~ ~ ~ ~ O O o ~ D ~ D O O ~ ~ ~ ~ _ ~x m m m m O m m m m ~ m u O O O O ~ ~ O O O O ~ ~ z z z z z z z z m ~ _ ~ N ~ G O~ ~ ~ D ~ D ~ ~ ~ ~ ~ ~ W ~ dj m m m m m m m m m m ~ ~ O O O O O O O O O O ~ 6 ~ Z Z Z Z Z Z Z Z Z Z W 0 ~ ~ D ~ D ~ ~ ~ ~ ~ ~ ~ ~ _ c~ Q ~ m m m m m m m m m m j m 6 a~ z z z z z z z z z z w Y ~ ~ ~ o o °oa~ o 0 0 0 0 0 0 0 0 0 0 = 3Q m m m m °o o m m m m o 0 0 0 0~ o 0 0 0 ~ c 6 L Z Z Z Z N ~ Z Z Z Z ~ W ~ ~ C ~ ~ p ~ C a a ~ a s a a ~ H ~ 0 ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ v v 3 v ~ v fG 'p v Z 'cn V a ~ a ~ a~ a ~ ~ a G W Z O m '0 ~ ~ '0 ~ = 0 ~ ~ 0 ,u ~ C rl ~ L to N F ~ ~ f~ ~ 0 ~ f~ ~ 0 ~ ~ 0 O i ~ O O ~ ~ O 0 0 ~ _ _ ~ ~ a ° O ~O ° O m m ° O ° O ~ a ° O Q ~N W ~ ~ ~ ~ ~ O ~ ~ 01 0 ~ ~ H ~ ~ m ~ O r ~ s ~ ~ ~ ~ 3 oz ~ ~ > ~ > ~ > a > > ° > a~ M\ LL a Q a~ a ~ U ~ p ~ 0 I~ ~ D D 0 ~ 0 ~ ~ t M O ~ v ~ ~ Q m a m ~ Z H ~ ~ W Z ~ M n ~ ~ LA t0 t0 ~ t0 t0  r v ril I I I I I I I I I I I I I I I I I I I L ~ ~ ~ D ~ ~ ~ ~ ~ O ~ O ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ 'Q Ul vi o0 00 00 00 00 00 CO CD p CO O m ~ ~ u ~ O O O O O O O O ~ O ~ O ~ ~ Z Z Z Z Z Z Z Z ~ Z Z Y~ ~ ~ L ' ~ 0~ cn ~ L ~ ~ D ~ ~ ~ ~ ~ ~ ~ ~ ~ _ ~ ; ~ ~ 00 00 00 00 00 00 CD CD 00 CO 00 00 O c c~ O O O O O O O O O O O O ~ v o z z z z z z z z z z z z _ ~ X p L ~ ~ O O D ~ ~ ~ ~ ~ O ~ O o O o 0 0 ~ ~ p0 O m m m m m m O m Lr'i O ~ ~ ~ O O O O O O ~ O ~ ~ ~ ~ ~ Z Z Z Z Z Z ~ Z ~ ~ ~ ~ X p L 0 ~ cn o 0 0 0 0 0 0 0 0 0 0 0 ~ c~ o ~ O O ~ O O O ~ O ~ ~ ~ ~ ~ ~ O o O O G ~ O pO ~ ~ ~ ~ O D O ~ ~ ~ ~ c.~ ox ~ o m m o m ~ m ~ m m m C ~ ~ ~ ~ u~ N O O ~ O ~ O ~ O O O ~ m V ~ ~ ~ L ,-i ~ Z Z ,-i Z ,--i Z ,--i Z Z Z ~ ~ ~ ~ ~ ~ ~ m Ln _ ~ N ~ G O~ ~ ~ D ~ ~ D ~ ~ D ~ ~ ~ ~ W ~ ~ _ ~ Q ~ m m m m m m m m m m m m 0 ~ O O O O O O O O O O O O ~ 6 ~ Z Z Z Z Z Z Z Z Z Z Z Z w 0 ~ ~ O D ~ ~ ~ O D ~ ~ ~ ~ _ c~ Q ~ o o m m o m o m m m m m 0 m~~ o ~ O O o O o O O O O O ~ 6 ~ ~ Z Z Z Z Z Z Z Z w Y ~ ~ ~ ~ ~ ~ ~ o~ o ~ D D ~ D ~ ~ D ~ ~ ~ ~ = 3Q m m m m m m m m m m m m 0 L O O O O O O O O O O O O ~ c 6 o z z z z z z z z z z z z ~w ~ ~ 0 ~ U ~ C ~i = a~ a a a a a ~ a p ~ n ~ ~ ~ ~ ~ ~ ~ > ~ Z ~ ~3 ~ o ,3 a Q a a ~ a a ~ a W - L IA li L a~ m ~ c 0~ +0+ ~ c = a ~ c ~ ~ c ~ ~ c c I-I F ~ a ~ ~ ~ a ~ ~ ~ a ~ ~ a ~ ~ a ~ W 0 ~ ~ W~ v ~ ~ 01s ~ ~ ~ ~ ~ ~ 3 ~ ~ x ~ ~ ~ N ~ ~ V ~ C m N ~ C m 0 C m ~ C m ~ C m ~ ~ ~ m V1 a o ~ o o ~ o ~ o ~ ~ o ~ ~ W ~ ~ ~ ~ ~ ~ 3 ~ ~ ~ ~ ~ ~ ~ ~ ~ U ~ O O I .L > ai > ~ > > > ~ n~ LL a N t N ~ Q N N N ~ N M~ ~ D U ~ G ~ D ~ ~ ~ ~ J ~ a V1 ~ Z ~ m 0 W Z ~ a W ~ ~ t0 ~ I1f N ~ M A ~ ►n ~n ~e  r v ril I I I I I I I I I I I I I I I I ~ ~ ~ X O O O o E~ ~ o Q o Q o Q Q Q Q Q = cn~ ~ o m ° m o m m m m m ~ v O n! O O O O O O > ~ Z Z Z Z Z Z Z Y ~ Q ~ ~ ~ i ' p~ cn Q L Q Q Q Q Q Q Q Q Q Q _ ~ ~ ; ~ ~ 00 00 00 00 00 CD 00 00 CO CD O O O O O O O O O O > v o z z z z z z z z z z _ ~ ~ ~ ~ 0 0 0 0 0 0 °0 0 0 0 o o o ~ o ~ o ~ o ~ o ~ ° rn o 0 0 o o o c rn ~ ~ ~ ~ ~ ~ ~ ~ ~ > ~ a~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q t~ t~ ~ ~ X ~ ~ o ~ ~ ~ ~ ~ ~ G ~ O ~ C ~ m m ~ ~ ~ N ~ ~ ~ ~ ~ N ~ ~ ~ N O O > a~ ~ ~ ~ ~ ~ ~ ~ z z Q ~ ~ ~ ~ L Q Q Q Q Q Q Q Q Q Q ~ N ~ p ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ C X m m m m m m m m m m ~ m u O O O O O O O O O O ~ > ~ ~ Z Z Z Z Z Z Z Z Z Z ~ ~ ~ m (D _ ~ N ~ G O~ ~ Q Q Q Q Q Q Q Q Q Q W ~ m m m m m m m m m m ~ ~ O O O O O O O O O O > 6 ~ Z Z Z Z Z Z Z Z Z Z W 0 ~ Q Q Q Q Q Q Q Q Q Q ~ ~ _ c~ Q ~ m m m m m m m m m m j 00 6 a~ z z z z z z z z z z w Y ~ ~ ~ ~ o~ o Q Q Q Q Q Q Q Q Q Q = 3Q m m m m m m m m m m ~ ~ L z z z z z z z z z z > c 6 0 ~w ~ C C C C C ~ a o a ~ ~ o. ~ a a a a a W Z ~ ~ ~ ~ ~ a ~ ~ ~ ~ a 0 m ~ L ~ ~ c ~ c ~ a ~ ~o ~ ~ ~o ~ ~ ~o ~ ° ~o ~ ~ N ~ ~ N ~ N ~ M N ~ c 11f N t0 N W~ ~ N ~ Q N ~ Q N ~ N N ~ Q N ~ Q ~ c!1 a ~ o O ~ ~ O ~ ~ m ~ ~ O ~ ~ O 0> > W ~ U ~ ~ U ~ ~ U ~ O U ~ a U ~ ~ M \ LL a ~ = to = to > ~ = to = a~ a~ a~ a~ M O B ~ Q ~ Q ~ ~ ~ Q ~ Q ~ J Vl Vl Vl Vl Vl ~ ~ Z H ~ W Z  r v ril I I I I I I I I I I I I I I I I I ORDINANCE N0. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE RENTAL OF HEAVY EQUIPMENT FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4373-ANNUAL CONTRACT FOR RENTAL OF HEAVY EQUIPMENT AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION FOR EACH ITEM IN THE ANNUAL ESTIMATED AMOUNT OF $750,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City 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: ITEM NUMBER VENDOR AMOUNT 16, 23 Bane Machinery Exhibit A 3, 4, 6, 8,14,15, 22, 24, 28, B&R Equipment Co. Exhibit A 34, 36, 41, 42, 52 9, 54, 71 Hi-Way Equipment Exhibit A 7, 55 Kirby-Smith Machinery Exhibit A 2, 3 0, 3 5 Howard-McAnear Equipment Exhibit A 19, 20, 63, 65a, 65b, 65c Landmark Equipment, Inc. Exhibit A 1 1, 48, 51, 64, 65a, 65b, 65c, 66 Pioneer Equipment Exhibit A 67 Rental One Exhibit A 29, 56, 57 Romco Equipment Co. Exhibit A 10,12, 26, 61, 62 RSC Equipment Rental Exhibit A 27 Sunbelt Rentals Exhibit A 1,13,17, 25a, 31, 33, 37-39, 49, 50 T-K-O Equipment Co. Exhibit A 53 25, 45, 46, 47, 68, 69, 70 United Rentals/Denton Exhibit A 5,18, 21, 46 United Rentals/Fort Worth Exhibit A 44, 58 Underwood Equipment 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 , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r r= 5 _ _ ~ BY: 3-ORD-BID 4373 v o ~ L ~ -a ° O ~ 0 0 a ~ ~ ~ ~ o ~ _ o _ ~u ~ v ~ ' N 9 ~ ~ ~ Y ~ ~ ~ ~ ~ i N L O p "O ~ ~ L O O O .a ~ r6 >O X ~ ~ O _ C C>>~ N O O ~ ~ N ~ L Y ~ ~ ~ 2 0 ~ u+ W ~ X U1 L ~ ~ ~ a ~ ~ c ~ C c c o ~ y ~ N > v ~ ~ ~ X ~ p a ~ o a ~ c ~ ~ c ~ ~ ~ ~ ~ N ra ~ ~ a~ L L y~j ~ 0 ~ N L O a c ~ OX ~ c ~r v m u ~ Y ~ o ~ L ~ X ~ o 0 O N ~ 0 0 C Y a ° ~ ~ ~ ' c ~ ~ ~ 6 i ~ N ~ W ~ ffF ~ L C X ~ 00 O O O O 0 ~ N ~ p O O O 00 O ~ O ~ ~ ~ i ~ O O p O ~ O LOf1 O ~ m .3- ~ N ~ ~ p O~ N ~ ~ ~ 6 Y ~ ~ 1~ ~ Uh ~ {f} ~ iPr W ~ y~ a s N 0 O N p a 3E oX ~ c ~a ~ > ~ ~ Y ~ w ~ v 0 ~ o 0 0 ~ ° o _ _ ~ a~ i o ~ v ~ 3 ~ ~ +~r w W ~ v L i C y` "O ~ a ~ ~ ~ ~ _ a a c ~ m y c ~ Y ~ _ ~ J ~ ~ X W ~ W N X N L c ~ 'O 0 O o a ~ ~ c ~ o ~ v c c Y > ~ Q ~ v L C "O O O O U~~ o o ~ o = cn ac ~X ~ 0 0 W o ~ ~ ~ X ~ p o ~ ~ o a ~ ~ vi ~ ~ ° a ~ ~ > ~ ~ w ~ ~ w ~a W J W Q Z U 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c N ~ ~ ~ ~ O Q ~ ~ ~ M ~ ~ N ~ ~ N ~ N N ~ ~ N ~ ~ ~ ~ * ~ O Z ~ ~ ~ ~ * ~ O~ ~ s M s M t M t M t M t M ~ s ~ s U c m U c m Q c m c m c m ~ c m c m c m c m c m c ~ W a ° O ° O U U ° O U ° O U ° O U P ° O U ° O U P ° O 0 0 O ~ O o O~ O o ~ > a, ~ ~ L ~ ~ X ~ ~ ~ ~ ~ ~L ~ ~ ~ ~ ~ ~ 30 ~ ~ 30 ~ ~ 30 ~ L '0 L 0 L 0 L Q L 0 L 0 L 0 L ~ L L \ W u N ~ U1 Ul N Ul N N N 0 N O M N D N M N LL a` v ~ ~ ~ ~ ~ ~ ~ v ~ v ~ v ~ v ~ ~ ~ v ~ f~ \ p 0 p ~ p u p u p ~ p ~ p ~ p u p ~ p u 0 J 0 W W W W W W W W W Z F ~ a w o ~ N N N u1°i ~ ~ n ~  m0Ix lz~ I I I I I I I I " I I I" I I I' I 1 1 "1 1 1"I 1 1 "1 1 1"I I I " I I I " I v L ~ L X "O 0 ~ N ~ O a Ul ~ vi ~ C ~ ~ ~ ~ ~ 9 ~ ~ Y ~ Y ~ ~ ~ ~ ~ L 0 a ~ ~ L cOO N ~ ; > X G C C > ~ U1 ~ ~ N ~ L Y Q' = p 10 lL ~ X N L ~ ~ ~ a ~ ~ c ~ C c c o ~ y ~ N > v ~ ~ ~ X ~ p a ~ o a ~ c ~ ~ c O ~ ~ ~ ~ N ra ~ ~ a~ L L y~j ~ 0 ~ N L O a c ~ OX ~ c ~r v m u ~ Y ~ o ~ ~ o o ° 0 0 0 L c X -a o ° o ° o 0 0 ° o ° 0 p~ ~ 0 0 0 0 0 0 C Y a ~ ~ ° ° o ° ° ° ° ° ~ , .7 C O N O Q1 O O Lf1 O O ~ ~ ~ N ~ 6 i ~ ~ +Pr ~ +Pr ~ `i ~ iPr ~ iR W ~ ffF Uh ~ iPr iPr fff L C X ~ ~ O p ° 0 ~ N ~ p O p O ~ ~ i ~ ° O ~ 6 W Y ~ ~ OF a s N 0 O N p a 3E oX ~ c ~a ~ > ~ ~ Y ~ w ~ v 0 ~ o a ~ ~ vi ~ _ ' D. _N N v Y _ ~ 3 ra W W ~ v L i C y` "O ~ a ~ ~ ~ ~ _ a a c ~ m y c O Y ~ _ ~ J ~ ~ X W ~ W N X N L c ~ 'O 0 p o a ~ ~ c ~ o ~ v c c Y > ~ Q ~ v L C 0 N ~ L O U ~ ° X Ul C ~ ~ ~ ~ ~ W ° ~ x a, a ° ~ ~ o 0 E ~ ° v ° 'a ~ ~ ° > ~ w ~ ~ ~ w ~a W J W Q Z U Op a~ ~ X N L L c ~ ~ N ~ 0 O o '0 N ~ ~ ~ c c y ° v ° v > a v ~ w ❑ ~ s v o 0 0 c ~ o ° 0 0 p a m v L o 0 a ~ O X ~ o 0 0 0 y 3Q•°-' N o ° rn ~ O U 3 i Y 0~ ~ 2 ~ 6 O ~ ~ ~ ~ *i L ~ 'a C L L a a O 4l a 0 a 0 a 0 a 0 a = a 0 a = a IC ~ ~ ~ ^ i ~ O ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i ~ i ~ V i ~ N i ~ i ~ i ~ i ~ i ~ i ~ i H ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~7 Z N u ~ u N~ u 'C N O M u~ O ~ O ~ O ~ O ~ O ~ a W ~ •a ~ •a ~ 4l = •a ~ ~ •a ~ •a 0 •a 3 •a 3 •a 3 •a 3 •a ~ Gl Z 3 N C N ~ W 0 ~ N ~ ~ ~ ~ ~ R ~ ~ N ~ Ul ~ N ~ GaJ N 0~7 N GaJ N W p a O m C ~ 0 C Z LL rl C I U = C U 0 C C L C L C L C L C ~ M O ~ O W T I ~ O ~ ~ O ~ O U O ~ O ~ ~ O ~ O ~ O ~ O I"I H w '3 fp ~ k ~ ~ ~ ~ ~ ~ ~ a' . 4l ~ W 0 ~ 0 a' a-+ 0 Q' a-+ 0 a' Q ~ O c c W c c c c c c c c ~ ~ a, ~ v ~ i oo 0 'o m ~ 'a ~ ~ ~ la ~ a, a M ~ a, ~ ~ ~ ~ M ~ 0 0+ d ~ ~ '7 ~ u 0 ~ ~ R ~ ~ N N rl rl J W ~ ~ ~ N ~ U H ~ ~ ~ 0 3 ~ 0 = ~ p '3 ~ ~ t0 ~ t0 ~ ~ 10 ~ t0 ~ ~ fC ~ a m M~ a m to ~ M a m ~ a m~ o m~ o m U o m o m o m o m Y U Q1 ~ 0 0. O V O ~ O N C C ~ O U~ 0 ~ O~~ ~ 4~ 4l ~ OW ~ U ~ O U ~ O U ~ O U ~ OW Q Gl O W L L O L ~ O L O L O L L L L L L L L L ~ '8 O I .L > ~ > ~ ~ ~ ~ F ~ ~ 3 ~ u ~ a ~ a ~ a ~ a ~ H J M N LL a ~ 0 v ~ a7 ~ a7 ~ a~ ~ v ~ v ~ ~ ~ ~ ~ ~ n ~O ~ ~ 0 ~ i ~ i D L ~ U ~ y ~ U ~ V ~ V ~ ~ J ~ 4l H H ~ ~ ~ ~ ~ 0 ~ Z F W ~ F i~Y W ~ M M M M M M M ~ M  m0Ix lz I I I - I I I I - I I I I"I I I"I I I"I I I I"I I I"I I I"I I I"I I I I"I v L ~ L X 0 ~ N ~ O a Ul ~ vi ~ C ~ ~ ~ ~ ~ 9 ~ ~ Y ~ Y ~ ~ ~ ~ ~ L 0 a UI ~ L O° N ~ ; > X G c C > ~ U1 ~ ~ ~ ~ L Y Q' = p 10 W ~ X N L ~ ~ ~ a ~ ~ c ~ C c c o ~ y ~ N > v ~ ~ ~ X ~ 0 0 0 o a ~ o ° ° ° ° ° ° a ~ m ~ ~ ~ o ~ o ~ o c c c o ~ ~ o ~ o ~ o ~ ~ N rY6 nj t4 nj t4 rj ffr ~ ~ Uh f!~ OF N L L y~j ~ Q ~ ~ L ° a c ~ °X ~ c ~r v m u ~ Y ~ o ~ ~ 0 0 L ~ X ~ p 0 a~ ~ ° ° o ° o C y a ~ ° ,n ° ° ~ , c v ui n ui o w ~ ~ L c X ~ 0 0 a ~ ~ o 0 0 0 ~ Y ~ ~ ~ ~ u+ w ~ a s v o a 3 E ~ o ° °o ° ~ o _ L a ~ X ~ 0 0 a~ o ° ° > j W ~ ~ ~ ~ v 0 ~ o a ~ ~ vi ~ _ ' D. _N N v Y _ ~ 3 ra W W ~ v L i C y` ~ a ~ ~ ~ ~ m v ~ D. O ~ In O ~ ~ ~ J ~ H (6 X W ~ W N X N L C ~ 0 0 O a ~ ~ c ~ o ~ v c c Y > ~ Q ~ v L C 0 N ~ L ° U ~ ° X Ul C ~ ~ ~ ~ ~ W ° ~ x a, p o ~ ~ o a ~ E ~ ~ ° a ~ ~ > ~ ~ w ~ ~ w ~a W J W Q Z U OO a~ X v o 0 c 0 ~ ° ~ ~ o ° ° ~ ° E+~ ~ ~ ° ° o ° c c o 0 y ° °'v ° v N ~ ~ ~ 'a v ~ ~ ~ ~ ~ w ❑ ~ v L c ~ p a m v L ° a ~ ~ E °X ~ _ 3a v ~ Y > _ ~ 6 0 ~ w ~ ~ ~ L L C C C 0 0 Q~ 0 M a 0 a ~ a 0 a 0 a L a p a a ~ a 'G 0t a ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ N ~ ~ ~ * ~ ~ ~ R ~ ~ H ~ ~ ~7 ~ ~ 0 ~ 0 ~ U ~ p 3 ~ ~ ~ ~ R ~ 0 O ~ Z N u ~ u 7 u G u ~ u~ u I!1 L u i U u V u ~ ~ a 4l a ~ a ~ a ~ a a H~ a ~ ~ a ~ a ~ N a W 3 dS L o~ ~ 0 ~ L ~ L ~ M dS ~ ' ~ ~ ~ ~ = i~ dS Z u1 0 u1 ~ L u1 0 ul 0 u7 ~ N . N N O 'C N 'G N ~ u1 0 m c c 0 c c c c L N c ~ 0 c R c ~ c N H w ~ ~ M ~ O ~ ~ ° M m ° M ~ ° d C ~ ° y ° 0 C ~ ° 0 ~ ~ ° ~ ~ ~ ° ~ 4 ° c ~ c U c u1 c N c iC ~ c p ~ c Z ~ ~ ~ c ~ ~ c ~C ~ c ~ v v ~ op ~ a ~ u1 ~ ~ ~ v ~ ~ w ~ ~ w ~ v U v ~ ° m ° m m ° m ° m ° m° m ° m t7 ° m ° m 0 ° m ~ w a ° O U ° 0 ~ U ° 0 ~ ° 0 ~ ° 0 0 4l ° O c a~i ° O Q ° 0 4l ° 0 H o O O Q 0 a i '0 i U 0 L i L i L ~ L L~ i ~ O L O L Q: V i \ W u N f0 U1 Ul 0 Ul 0 Ul a U7 F ~ N ~ ~ N ~ U7 W i U1 O I L > 0 > ~ > ~ > ~ > ~ > ~ 3 > W 0 > ~ > H F > M N LL a v ~ ~ a a~ ~ a~ ~ a~ p v Y a~ ~ H 3 ~ 3 v Q L v n~ ~ o ~ o ~ o a o a o ~ o~ 0 3~ o~ 0 3 ~ o ~ a ~ ~ ~ ~ 3 3 ~ 3 #ZF 3  m0Ix lz I I I I"I I I I"I I I"I I I"I I I"I I I"I I I I" I I I 'I v o L ~ L X ~ O 0 ~ N ~ O p O a ~ C ~ ~ p O C ? V (6 ~ lp p ~ 9 r6 r6 Y *i N ~ Y ~ ❑ ~ N ~ f!F i ~ L 0 a UI ❑ L OO N ~ ; > X G C C > ~ U1 ~ ~ N ~ L Y Q' = p 10 W ~ X N L ~ ~ ~ a ~ ~ c ~ C c c o ~ y ~ N > v ~ ❑ ~ X N p a ~ o a ~ c ~ ~ c ~ ~ ~ ~ ~ N ra ❑ ~ a~ L L y~j ~ 0 ~ N L O a c ~ OX ~ c ~r v m u ~ Y ~ o ~ L c X N 0 0 ~ N ~ O ° o C y a o' ~ ~ , c v ui o ~ n uF > ~ W .L ~ ~ L c X N 0 ~ ~ ~ ~ ~ a C ~ a N ~ o v m - Y t0 ~ Y ~ ~ uF w ~ a s v o a 3 E ~ o ° °o _ L a ~ X ~ a 0 o ~ o ~ > j W ~ ~ ~ ~ v o L ~ C ~ "C 4 0 ~ ~ O O O C ~ n u~i ~ ~ o v W W ~ +fF N L i C y` "O ~ a ~ ~ ~ ~ m v ~ a c N (0 O ~ ~ ~ J ~ H (6 X W ~ W N X N L C ~ 'O 0 p O a ~ ~ c ~ o ~ v c c Y > ~ Q ~ v L C 'C O O O p O U~~ L o 0 0 = cn a c ~ X ~ ~ o ~ o Gl ~ N ~ O N ~ ~ ~ 6 ~ LO ~ ~ iPr ~ iR W W ~ N a ~ O p O O O C o a ~ ~ ~ o ~ o ~ _ o o ~ ~ ~ ~ o w ~ w ~ ~ w ~a W J W Q Z U Op a~ ~ X N L L c ~ ~ N ~ 0 ~ o '0 N ~ ~ ~ c c y ° v ° v > a v ~ w ❑ ~ v L c ~ -o p a m v L o a ~ ~ E °X ~ _ 3a v ~ Y > _ ~ 6 0 ~ w ~ ~ N L W (n 0 G Z i W ~ p a a L a L a w a a a Z ~ a a N ~ ~ ~ p ~ 0 ~ I W ~ ~ ~ H IQ ~ ~ in n ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ .0 ~ Z N d1 u u N u p u Q O u u p u U 3 u ~ 'G u W ~ a W 'a M 'a ~ a ~ C a ~ ~ a a Q ~ a C ~ a ~ Z 3 L ~ v ~ U v ~ w~ ~ dS w* ~ o~ Z u ~ ~ J 0~ v ~ ~ ~ ~ ~ ~ ~ ~ N ~ a~ m ~ c } E C ~ c~= m c~ 0 m c R m c J ~ ~ c a c 0 ~ c 0 ~ c N~ p ~C ~ o V O y ~ o U o ~ o U y o 3 0 0 o L o t7 ~ 0 0 0 a ~ a 4J ~ ~ ~ ~ ~ ~ o ~ p c W m- c i c c Q c ~ c ~ c Z Q ~ c Y c 0, v ~ o s a, ~ , ~ a, a~ ~ a~ ~ ~ a, ~ c w a, c a, v ~ 0 0 a, Y = a, W ~ Q 7 3 3 J ~ J ~ U V O c m c m c m c m } 0 c m = c m c m EO c m p H c m !n a o ~ u o ~ o ~ o o Q o = o m o ~ o } W ~ o~ o o o a o a ~ a o o a o Qti ~ v ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ J ~ ~ ~ I s ~ ~ ~ ~ ~ ~ N ~ ~ H ~ ~ o Q ° a ~ YW a, \ \ L~ .a a ~ L E \ W L L L L L L L r J L O. L Q L r M L a = L c H ~ ~ ~ ~ ~ °J ~ ~ J ~ ~ ~ ~ ~ v J ~ ~ ~ p ~ 0 2 L > g~ > k > k > a~ > Q a > Q > Q a > M N LL a a~ ~ a~ ~ a~ a~ I = ~ ~ v I Y ~ ~ ~ ~~a 3 ~ as a m #Z~ ~ a w o N ~ ~ ~ ~ ~  m0Ix lz I I "I I I I "I I I "I I I 'I I I I 'I I I I 'I I I 'I I v L ~ L X "O 0 ~ N ~ O a Ul ~ vi ~ C ~ ~ ~ ~ ~ 9 ~ ~ Y ~ Y ~ p ~ ~ ~ L O amp L o0 N ~ ; > X G C C > ~ U1 ~ ~ ~ ~ L Y Q' = p 10 ~ ~ X N L ~ ~ ~ a ~ ~ c ~ C c c o ~ y ~ N > v ~ p ~ X ~ 0 a ~ o o ° o ° o a ~ m ~ ~ 0 0 ui Sri Sri C C C D ~ ~ O N O N ~ ~ U1 (6 if} ~ fPr ~ fR p ~ N L L y~j ~ 0 ~ 41 L o a c ~ oX ~ c ~r v m u ~ Y ~ o ~ L ~ X ~ 0 Q ~ ~ a Y a ~ \ C y ~ U1 ~ ~ W .L ~ L C X ~ ~ ~ ~ ~ ~ C ~ a N ~ v m 'O ~ s, ~ Y ~ w ~ a s v p o nci ~ o a 3 ~ o X ~ c ~a ~ > ~ ~ Y p w ~ v 0 ~ o a ~ ~ vi ~ _ ' D. _N N v Y _ ~ 3 ra w w ~ v Q L i~ ~ "O O O O O O O ~ O O O O O O m ~ -O 01 ~ ~ Lf1 O O O J 6 ~ ~ Uh tfF +R fPr ifF X W ~ W N X N L C ~ "p O O 0 O o o O a ~ ~ _ ~ o ~ a o > ~ aci ~ ~ ~ ~ p ~ v L C 0 N ~ L o U ~ O X Ul C ~ ~ ~ ~ ~ w ° ~ x a, p o ~ ~ o a ~ E ~ ~ ° a ~ ~ > ~ ~ w ~ ~ w 0 ~a ~ ~ W J N ~ OUO ~ ~ d J ~ X v o c G ~ N- ~ p a o 0 0 0 0 0 a~ ~ ~ 0 0 0 0 0 o = o a ~ o ~ ~ o ui ui ui o v a 3~ c ~ ~ ~ r. ~ ~ ~ ~ w ❑ ~ v L c ~ -o p a m v L o a ~ ~ E °X ~ _ 3a v ~ Y > _ ~ 6 0 ~ w ~ ~ ~ ~ ~i u ~ ~ C C 'L c c c c c ~ a ~ a a a a a 4l a 4l a 4l a 4l ~ 4l Z ~ '0 u ,0 u ~ O u u u ,3 u .3 u ,3 u .3 u W ~ ~ a a a ~ a ~ a a ~ a a a ~ a a a a a~ m W 0 IA m c 0 Vi +0+ m c t o m c 'a m c m a c W 0 a c 0 ~ c 0 a c 0 r*a o p r*a i"i ~ w 0 a ~ 0 a o u O o ~ a' o -p a' o W a' o ~ o a' o ~ ~ ~ ~ a o ~ u c~ u~ c L c c c c 1D c l0 c 10 c l0 10 d~ u Y 00 ~ p Qi a~ s p ~ ~ t p ~ t p t (11 N t N ~ p 3 x p p p N p N ~ N ~ W U r6 U IA t ~ m IA Z C m ~ ~ ~ m i C m N C m D C m c m C m }i c m c ~ !n a Q Hof o O ~of~ o O .3 o O ~ a O ~ o O w ~ o O ~ o O ~ o O ~ o O ~ o W v m X00 ~ ~ ~ ~ a ~ ~ -a ~ ~ ~ ~ ~ Y U ~ ~ U ~ ~ U ~ ~ U ~ ~ U ~ \ W u U L U L a V L Q L L ~ L ~ L ~ L M N LL a 0 N 0 N ~ Q N N N ~ N ~ N ~ N ~ ~ ~ M A O ~ p Y p G p p p # ~ Q m m o to v► to v► to Z H ~ a w o r~ ~ ~ u1°i ~ ~ ~ ~ ~ a+ o  m0Ix lz I I I I I I I I I IID I I IID I I 119 1 1 1 1 1 1 1 1 1 1 I I I I I I "I v L ~ L X 0 ~ N ~ O a Ul ~ vi ~ C ~ ~ ~ ~ ~ 9 ~ ~ Y ~ Y ~ ~ ~ ~ ~ L 0 a ~ ~ L cOO N ~ ; > x G c C > ~ U1 ~ ~ ~ ~ L Y Q' = p 10 W ~ X N L ~ ~ ~ a ~ ~ c ~ C c c o ~ y ~ N > v ~ ~ ~ X ~ 0 ~ ~ ~ O ° a ~ m c ~ ° 4J c N ~ N ~ ~ ~ N rYa ~ ~ ~ a~ L L y~j ~ 0 ~ N L O a c ~ Ox ~ c ~r v m u ~ Y ~ o ~ L c X ~ 0 Q ~ ~ a Y a ~ \ C y ~ U1 ~ ~ W .L ~ L C X ~ ~ ~ ~ ~ ~ C ~ a N ~ v m 'O ~ ~ Y ~ w ~ a s v p o nci ~ o a 3 ~ o x ~ c ~a ~ > ~ ~ Y ~ w ~ v 0 ~ ~ ~ o ° o m o C ~ n u~i ~ ~ ° ~ ~ ~ a~ N ~ _ ~ ~ ~ ~ +r+ W w ~ u+ v L i C y` "O ~ a ~ ~ ~ ~ m v ~ D. O ~ 00 O ~ ~ ~ J ~ H (6 X W ~ W N X N L C ~ 'p 0 O O a ~ ~ c ~ o ~ v c c Y > ~ Q ~ v L C 0 N ~ L O U a-+ ~ X Ul C ~ ~ ~ ~ ~ W ° ~ x a, p o ~ ~ o a ~ E ~ ~ ° a ~ ~ > ~ ~ w ~ ~ w ~a W J W Q Z U OO a~ ~ X N L L c ~ ~ N ~ 0 O o '0 N ~ ~ ~ c c y ° v ° v > a v ~ w ❑ ~ v L c ~ -o p a m v L O a ~ ~ E °X ~ _ 3a v ~ Y > _ ~ 6 0 ~ w ~ ~ C a 4l a ~ ~ ~ Z v u = u W ~ a a a a~ m a c~ o ~ a o ~ N ~ ~ u ~ N ~ D W U m c m ~ a O ~ ° O 0 ~ ~ U ~ ~ O Q a ~ ~ ~ \ W u ~ ~ N O = L > ~ > M N LL a ~ ~ v M ~ ~ ~ Y ~ ~ J t!1 ~ Z H ~ a w 0 A  co 0Ix lz I I I "I AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tom Shaw 349-7133 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of soil, sand, aggregate and lime for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4375-Annual Contract for Soil, Sand, Aggregate and Lime awarded to the lowest responsible bidder meeting specification for each item in the annual estimated amount of $2,000,000). BID INFORMATION This bid is for the annual supply of soil, sand, lime and aggregate utilized by various City departments in the maintenance and new construction of streets, utility lines, street cuts and backfilling operations. These materials are ordered on an as needed basis. RECOMMENDATION We recommend award of this bid to the lowest responsible bidder meeting specification for each item as listed on Exhibit A of the Ordinance for an estimated annual amount of $2,000,000. Items 24, 26, and 29 will not be awarded at this time since no bids were received for this item. Items 15, 22a, 33, and 33a were a tie. The Purchasing Agent and Senior Buyer cast lots and awarded to the vendors listed on Exhibit A. PRINCIPAL PLACE OF BUSINESS Anchor Sports 1, Inc. B&B Sand BWI Companies, Inc. Richardson, TX Aubrey, TX Carrollton, TX CJA Enterprises Blanco Sand & Gravel, Inc. Eagle Aggregate Collinsville, TX Oak Point, TX Denton, TX Martin Marietta Materials Noles Enterprises Redi-Mix Concrete Lewisville, TX Denton, TX Euless, TX Living Earth Technology Co. Red River Sand Co. Tim Beaty Builders, Inc Dallas, TX Denison, TX Denton, TX Agenda Information Sheet October 6, 2009 Page 2 PRINCIPAL PLACE OF BUSINESS (CONTINUED) TXI Vulcan Materials Co. Wier Bros. Inc. Dallas, TX Fort Worth, TX Dallas, TX 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 pricing, terms and conditions remaining the same. FISCAL INFORMATION Funding for each individual order will come from the appropriate budget or bond account of the using epartment. EXHIBITS Exhibit 1: Bid Tabulation Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 4375 ~ p ~ 0 O 0 ~ ~ O O cn O ~ O ~ O ~ m tU m m ~ d0 ~ 00 O ~ m ~ m m m ~ ~ _ ~ W N ~ z z ~ bg ff} ~ Z ~ Z Z Z ~ L L ~ C N 0 ~ 0 ~ O O O O ~ U O O)( m m m m m m m m O DO O 00 o O 'L W L 0 0 0 0 0 0 0 0 ~ ~ N ~ ~ ~ ~ z z z z z z z z ~ ~ ~ ~ ~ N ~ ~ ° D ° ~ ~ ~ ~n D ~ D ~ ~ ~ ° N~ ~ m m m m~ m m m m m m ~ ~ a~ ~ ~ X c~ ~ 0 0 w z L~ O N O ~ O N O N 0 0 0 0 0 0 ~ z~ z~ z~ z~ z z z z z z > ~ 0 ~ p ~~0 m m m m m 0 m m m ~ m m m ~ N Z w ~,N 0 0 0 0 0 0 0 0 ~ 0 0 0 W Q~ p Z Z Z Z Z Z Z Z ~ Z Z Z ~ L ~ N ~ ~ ~ 0 ~ ~ ~ ~ ~ LA ~ N ~ ~ O ~ ti N ti N ~ ~ L N 'L N X m m m m m m m m N . Z ~ (a ~ 0 0 0 0 0 0 0 0 O o ~ o J Z Z Z Z Z Z Z Z ~ ~ ~ ~ ~ ~ O ~ N ~ ~ o ~ O ~ o ~ ~ ~ ~ ~ o ~ o ~ m~ V m N m O m ~ m ~ m ~ m ~ m ~ ~ Z ~ 0~ 0~ 0~ 0 N 0 ~ 0 N 0 N ~ app p Z~ Z Z Z ~ Z ~ Z ~ Z ~ w ~ ~ ~ ~ p ~ Off( m m m ao m ° m ~ m m m m m m Z O ~ ~ ~ a0 00 > ~ 0 0 0 0 O N 0 0 0 0 0 0 ~ ~ Z Z Z~ Z~ Z~ Z Z Z Z Z Z c~ 0 0 m ~ ~ U x x ~k ~ ~k 1 ~ ~ U U ~ ~ ~ U U o a ~ ~ a ° a~ ~ ~U ~ ~ ~ Q ~ a..i a..i \ I \ I J ~ ~ ~ ~ U ~ ~ N N ~ ~ C C ~ O U L ~ ~ U ~ U U ~ ~ 0~ U ~ ~ ~ ~ .Q > C C Q ~ Q ~ O O ~ > N _ O O N O N O 0 0 ~ - N U N O U U ~ N N o0 00 ~ U Q U ~ Q ~ U ~ ~ O U~ U~ ~ ~ ~ N i i = = U Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ L ~ ~ ~ ~ ~ a.., C C to (0 (0 (6 ~ ~ N N U U ~ ~ N N (6 to ~ ~ ~ ~ ~ ~ ~ ~ Z ~ C t6 N ~ ~ U U~ ~ U O O O N E O N Q O 3 N N m m ~ ~ ~ ~ O~ N G N U ~ ~U ~ a ~ ~ ~ ~ ~ ~ ~ U U ~ ~ ~ ~ Q ~ ~ ~ ~ Q ~ Q ~ ~ ~ ~ ~ ~ N N (n (n C~ C N C U C U C C W ~ O O U U ~ U ~ ~ O O Q O O N O O N ~ ~ ~ ~ ~ IL IL (n ~ ~ ~ ~ U ~ ~ U ~ ~ U U U ~ o ~ O ~ ~ ~ ~ ~ ~ ~ ~ c c c c c c c c O ? a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N v U U U U U U ~ ~ y ~ J 3 ~ O~Q~ Q o o°° o o°° 0 0 0 0 0 0 3 ~ Z ~ Z ~ ~ `°n ° ° ~ ~ o°o o°o o°o aoo 0 0 Ma_WZ~, ~ ~ a o ~ ~ Q ~ w v ~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ M r1 ~ 1- ~ N c~ ~ ~ CO ~  W&~m I _ 1 V.0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 O ~ m ~ m ~ m m m N m ~ m ~ f` O ~ m O - X ~ M ~ 00 O ~ Z ~ 0 ~ 0 ~ 0 0 0 ~ 0 ~ 0 N ~ ~ ~ Z ~ Z ~ Z Z Z ~ Z ~ Z ~ ~ ~ C~ L O O ~ ~ ~ ~ O O O O 0 0 O O ~ U F O O X ~ ~ ~ C4 m m O 00 O 00 m m ~ ~ Z ~ ~ U / ~ N ~ CO O ~0 ~ O ~ 00 O W ~ ~ 0 0 ~ ~ N 0 0 N o ~ ~ ~ ~ z z ~ ~ ~ ~ z z ~ ~ > ~ p N v m m m m m m m m m m m m m m Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ Z~ 0 z z z z z z z z z z z z z z ~ 0 ~ ~ ~ ~ O ~ ~ ~ ~ O ~ O o ~ c0 - ~ L O m m m m m m m m m m m m ~ Z ~ W w a~ 0 0 0 0 0 0 0 0 0 0 0 0 ~ Q~ ~ z z z z z z z z z z z ~ z ~ L ~ ~ ~ ~ O N ~ ~ N O O O ~ L~ > X ~ m m N N ~ ~ N I` O ~ N ~ Z ~ L N N~ CO ~ N O (fl ~ O N ~ O ~ N (6 ~ ~ ~ ~ ~ Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ Z Z {f? {f} ff} {f? {f} Ef} ff} J ~ O (6 N ~ O O O ~ O D O D O ~ O Q N p V m a0 m 00 m ~ m 00 ~ ~ ~ O m ~ Z ~ 0 ~ 0 ~ 0 N 0 ~ 0 ~ 0 N 0 ~ W ~ m ~ Z ~ Z ~ Z ~ Z ~ Z ~ Z ~ Z ~ ~ ~ w ~ ~ ~ ~ 0 c~- - ~ ~ ~ D ~ ~ D D O ~ O O ~ D p cn ~ m m m m m m m m m m m m m m w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ z z z z z z z z z z z z z z L M~ W O U ~ ~ ~ ~ ~ ~ ~ ~ ~ O O ~ ~ N ~ o o U ~ ~ ~ Z Z ~ ~ N J U ~ ~ c~ ~ ca ~ ~ a~ ~ ~ ~ o 0 ~ t6 t6 O O L L O ~ N > > N N _ _ m m N N O U O D U ~ O c c U ~ N N m m ~ ~ ~ ~ , , N~ ~ O O ~ Q~ O ~ y ~ ~ N N N ~ N ~ ~ ~ ~ V ~ N N N ~ ~ ~ ~ ~ ~ N ~ ~ X X N N ~ J J N Q N ~ Z _ ~ y ~ ~ ~ ~ N N N N ~ ~ ~ J N ~ ~ N ~ O'~ - pp 3 3 ~ ~ o~ o~ ~ ~ ~ ~ ~ ~ JU JD ~ U v ~ ~ ~ + + ~ ~ ~ ~ N N N O N N o0 00 ~ ~ ~ ~ W ~ C~ C'~ U d0 00 ~ L C ~ C ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ N U U ~ O ~ ~ nUU° U° J J ~(n~u) ~ ~Uci ci O (n - O N ~ ~ v N N N cn cn cn cn cn cn cn cn cn cn cn ~0 ~ ~ ~ ~ ~ c c c c c c c c c c c ~ ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N v ~ ~ y ~ ~ J ~ ~ ~ I_ O O O O O O O O O O O O O O M Q (n Z~~ O O O O O O O O N N O O O O W Z V r r r ~ r r ~ a ~ ~ 0 Q ~ W oo ~ rn ~ ° o ~ ~ N N ~ ~ ~ ~ M r1 ~ 1- d0 O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~  W ~ ~I i.. ~ p O ~ N ~ O D O O D D O O O ~ N ~ m V ~ m ~ m ~ m ~ m ~ m ~ m m m ~ m ~ Z 0 N 0 N 0 N 0 N 0 N 0 0 0 N O N ~ ~ z~ z ~ z ~ z ~ z ~ z z z ~ z~ ~ c~ L ~ ~ ~ ~ ~ ~ ~ ~ D ~ O D D ~ O D p o °X m m m m m m m m m m m m m m m m z ~ ~U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W 0 Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z > ~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ D ~ O D D ~ O cv a~ p N v m m m m m m m m m m m m m ~ m ~ Z o~~ 0 0 0 0 0 0 0 0 0 0 0 0 0 N O N ~ z~ 0 z z z z z z z z z z z z z ~ z~ ~ ~ 0 ~ X m N m N m N m m m m m m m m m m Z W ~,N a~ 0 N 0 N 0 N 0 0 0 0 0 0 0 0 0 0 ~ Q~ ~ z ~ z ~ z ~ z z z z z z z z z z L ~ ~ O O O O O O O O O O 0 ~ ~ ~ 0 ~ a--~ ~ •L ~ O ~ ~ ~ ~ LA LA ~ N M W W W W W W ~ ~ 'L ~ N ~ r ~ ~ M LA LA ~ LA W ~ c~ ~ N ~ N ~ N ~ N ~ N 0 0 0 0 0 0 ~ J ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ z z z z z z ~ 0 Q cj m ~ m m m m m m m m m ~ m ~ m N Z ~ 0 c~ 0 0 0 0 0 0 0 0 0 N 0 O N W m ~ Z ~ Z Z Z Z Z Z Z Z Z ~ Z ~ Z ~ ~ ~ w ~ ~ ~ ~ 0 c~- - ~ ~ ~ ~ ~ ~ ~ ~ O ~ O ~ ~ 0 0~ p (n ~ m m m m m m m m m m m m m ~ m w o~ 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 c~v ~ ~ z z z z z z z z z z z z z ~ z~ L M~ W a o U ~ o ~ o ~ o Q o Q o N ~ U ~ U ~ U ~ U ~ U ~ U ~ ~ ~ ~ U ~ U ~ U ~ U ~ U ~ o ~ N N N N N N N N N N ~ ~ U ~ ~ C ~ C C C ~ C ~ C C N N ^ ^ Q ~ N O O O O O O O O O O ~ ~ ~ L ~ N N N N N N ~ N N N ~ ~ ~ ~ N ~ ~ N N N N N N N N N N ~ ~ v, cn U ~ Q Q 3 J J J J J J J J J J ~ ~ ~ ~ ~ a ~ c~ c~ c~ c~ c~ c~ ca c~ c~ ca > > > > U U ~ 0 c~ ~ ~ a~ a s a s a s a s ~ ~ a~ o ~ U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ C~ U U U ii W - - - - - - - - - _ ~ ~ ~ ~ ~ a~ o ~ o a~ ~ ~ a ~ O Q ~ ~ ~U O pU N NU ~ ~U c~ c~U ~ ~U ~ ~ m m O (n - O ~ N ~ o N N N N N cn cn cn cn cn cn cn cn cn ~ ~ „ `0 ~ ~ ~ ~ ~ ~ c c c c c c c c c ~ ~ ~ ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N V U U ~ ~ y ~ ~ J ~ ~ O O O O O O O O O O O O O O O O O M Q V~ Z~ ~ ~ o 0 0 0 0 0 0 0 0 ~ o 0 ~y W Z v r r r ~ a ~ ~ Q= W ~ ~ ~ (fl ~ f~ ~ 0~0 ~ ~ N O N ~ N N M r1 ~ 1- ~ ~ ~ ~ ~ N N N  W ~ ~I i.. 1 ~ N O 0~ 01 ~ m~ m m m m m m m m m m • Z 0 0 0 0 0 0 0 0 0 0 c~ M ch ~ ~ z z z z z z z z z z ~ ~ ~ ~ c~ L D ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ p ~'L o °X m m m m m m m m m m m m m Z ~ ~U 0 0 0 0 0 0 0 0 0 0 0 0 0 w o z z z z z z z z z z z z z > ~ ~ N ~ ~ ~ ~ O ~ O ~ ~ ~ O c~ ~ ~ a~ p N v m m m O m O m m m m ~ ~ m Z o~~ 0 0 0 ~ 0 c~v 0 0 0 0 ci ~ 0 ~ Z~ 0 z z z ~ z ~ z z z z ~ ~ z ~ 0 0~~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ p p m m m m m m m m m m m m m Z w ~,N a~~ 0 0 0 0 0 0 0 0 0 0 0 0 0 w Q~ ~ z z z z z z z z z z z z z L 0 ~ - _ _ _ _ _ _ _ _ _ ~ ~ N N)( m m m m m m m m m m m m m W ~ c~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 ' J Z Z Z Z Z Z Z Z Z Z Z Z Z ~ 0 ~ N ~ ~ (j ~ m m m m m m m m m m m m m ~ W ~ N~ 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ' ~ pp ~ Z Z Z Z Z Z Z Z Z Z Z Z Z w ~ ~ ~ ~ c~ ~ ~ ~ ~ ~ ~ ~ ~ O O ~ ~ p ~ m m m m ~ m m m m ~ m m Z o> 0 0 0 0 °r° 0 0 0 0 cov 0 0 ~ O ~ Z Z Z Z ~ Z Z Z Z ~ Z Z c~ 0 m ~ ~ o i o o O - ~ ~ ~ ~ ~ ~ ~ In O - - O ~ L N _ ~ ~ N ~ ~X ~X N ~ N ~ ~ m ~ ~ U ~ o J ~ o 0 0~ ~~U ~ Q c c O ~ o U o0 00 ~Oa coo ~ ~ o o ~ ~ U ~ ~~~~~o~~o~.~~.~ ~ ~ ~ ~ ~ ~ ' ' ~ ~ U N ~ Q N ~ N N U ~ U ~ ~ ~ N o U ~ ~ ~ N~ ~ ~U ~ oo c~ ~o~oU ~ ~ ~ Z ~ Q ~ cU .c~ a~ a~ ~ N c c~ ~ ~ ~ - ago ago ~ coo wpm ~ a o ~ ~ ~ ~ ~ ~ ~ U> U- 0 0 ~ ~ ~ o~o~o~o~~~~~~~ ~~~o~po cn ~ W a ~ ~ ~ ~ ~ ~ ~ ~ to ~ to ~ (6 ~ (6 (a * ~ ~ O ~ N N ~ O ~ ~ ~m ~m ~m ~m U_ Um UU Q QU o ~ - o ~ N 0 ~ ~ ~ ~ ~ ~ c c ~ ~ c ~ ~ ~ ~ O ~ ~ a ~ ~ ~ ~ ~ ~ m m ~ m ~ ~ ~ N V U U U U U U U ~ ~ y ~ ~ J O~-~~ O O p p O O O O O M Q V~ Z~ N N O O ~ ~ N N ~ N N N N ~ ~ W Z ~ ~ ~ ~ a ~ Q = W M ~ ~ ~ tD ~ I` 00 0 ~ O ~ c~ M r1 ~ 1- N N N N N N N N N N c~ c~ ~  W ~ ~I i.. ~ p O O O O ~ ~ O O O ~ ~ O (n ~ m ~ ~ X ~ ~ a~ o~ m m °o ° °o ~ ZO ~ Z Z ~ ~ ~ ~ N N N M O O ~ ~ ~ ~ ~ ~ ~ ~ O NN ~ ~ E~ z Z ~ ~ ~ ~ ~ N N ~ 00 ~ c~ L ~ ~ D ~ ~ ~ ~ ~ O o ~ O ~ ~'L o °X m m m m m m m m o 00 m m z ~ ~U 0 0 0 0 0 0 0 0 ° ~ 0 0 ~ o z z z z z z z z ~ ~ z z ~ N ~ ~ N D ~ ~ ~ ~ ~ ~ ~ ~ O 0 ~ m m m m m m ~ m m m m Z N~~ ~ ai w z c~ ~ 0 ~ 0 0 0 0 0 0 0 0 0 ~ ~ 0 z~ z z z z z~ z z z z ~ - ~ L O m m m m m m m N m ~ m m Z ° W w a~ 0 0 0 0 0 0 0 ~ 0 0 0 ~ Q~ ~ z z z z z z z z ~ z z L 0 ~ c~ = o Q L ~ .L X m m m m m m m m ~ ~ m m Z ~ c~ O O O O O O O 0 ~ O 0 N Z Z Z Z Z Z Z Z ~ ~ Z Z J ~ 0 (6 N ~ ~ ~ 0 ~ ~ ~ ~ ~ ~ O ~ 0 L ~ tj m m m m m m m 1` m ~ m m ~ W ~ a~~ 0 O O O O O 0 ~ 0 ~ O 0 ~ ' ~ pp ~ Z Z Z Z Z Z Z Z Z Z w ~ ~ ~ ~ 0 c~- - ~ o ~ ~ ~ ~ ~ o ~ ~ ~ O p (n ~ m m m m m m ~ m m m m w o~ 0 c°w 0 0 0 0 0 ~ 0 0 0 0 ~ ~ z~ z z z z z~ z z z z L m U_ ~ ~ ~ ~ ~ ~ U U ~ CJ ~ U ~ ~ U ~ ~ ~ J ~ ~ m m ' ' N N 4~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m m m m ~ U U U a~ a~ ~ ~ ~ ~ ~ y ~ ~ ~ (n ~ ~ ~ ~ X X N J i N m m ~ ~U U U U ~ ~ ~ ~ ~ - N ~ ~ C C p Q ~ ~ X X~ ~ ~ ~ ~ r r~ ~ N ~ fA ~ ~ - ~ ~ ~ ~ ~ ~ N - cn ~ - m ~o ~o o m m ~ ~ ~ ~ ~ o Q ~ ~ m ~ a ~ = = 0 C~ ~ a~ a~ ~ U ~ ~~.~~cU~~a a~ ~ ~ Q~Q~ ~ ~ ~ ~ ~ > c~ ~ c~ ~ ~ ~ - a~ a~ ~ ~ ~ o ~ m Imo w~ w~ U ~ U~ cn cn ~ a ~o m m o ~ - ~ ~ ~ a~ N ~ ~ a ~ ~ ~ ~ U U ~ ~ ~ ~ ~ > ~ ~ U U U U~~ U U ~ Q ~ ~ ~ D y 3 = J O O ~ U ~ U U ~ a O O O O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O O O O O O O ~ ~ O ~ M Q V W Z~ N N N N N N ~ ~ ~ ~ OO N ~ ~ pOp ~ ~ - z~ ~ ~ ~ ~ Z ~ Q 0 ~ ~ ~ ~ W ~ ~ M ~~'1 ~ 1- M cN M M M M M M ~ W M ~ ~ M ~  hAmm &~m I i.. 0 1 1 1 1 1 1 1 1 1 1 1 W-0 I I dl-l- I dl-l- I I dl-l- I N 0 ~ ~ Z w ~ Q Q Z m ~ ~ m~ p Z 'N p ~ Q N > ~ ~ N ~ ~ ~ ~ ~ o Q ~ ~ Z U~U J~ p w W ~ ~ i J ~ ° ~ ~ oN ~ ~ 0 N c~ ~ Q D ~ ~ c~ X p _ L W Z t~ ~ ~ N ~ ~ ~ ~ ~ ~ c~ ~ ~ ~ ~ IIl L O (n Z w w w~~ o } ~ Q t~ ~ ~ N ai ~ ~ p c~~ _ _ ~ p nX ~ p w > ~ _ U ~ N ~ ~ p Doti oX ~ Q Z ~ Q Z ~ w ~ ~ ~ p ~ ~ 00 p ~ w ~ ~ ~ ~ ~ p °X ~ Q Z o> p Z ~ c ~ O N c~ m ,y L L n J 0 ~ ~ - ~ ~ ~ Q ~ ~ 0 ~ ~ ~ ~ Z - i N i c y t ~ ~ ~ ~ ~ N ~ cn 0 ~ Q 3 ~ _ ~ ~ 0 ~ i = ~ ~ V ~ 0 ~ ~ ~ ~ = 3 w a 0 L ~ 0 p as y~ ~ o 0 ~w - _ L N, ~ ~ ~ ,C 'a C~ L O m d L N O ~ ~ a~ ~ s 0 c O ~ ~ L > ~ N li 0 N v ~ a ~ 'i +0+ ~ ~ ~ 0 ~ ~ ~ 3 N~ J ~ ~ 3 y d V 3 M Q C)~Z~ ~ ~ ~ ~~s 0 ~ -WZ~ ~ U C ,N ~ N d ~w~ a ~ J °'L'~y~ ~ ~ ~ ~ ~ ~ ~ s .v V ~ Q = W ~ t~ ~ ~ ~ C M P1 ~ 1- ~ ~ M ~ a ~  W LL I W w * ~c L N L~ ~ ° 0 ~ ~ 0 ~ ~ 0 ~ 0 O ~ N Q W 0 0 ~ X m ~ m m m m m m m m m m m m z ~cU c~~ 0 0 0 0 0 0 0 0 0 0 0 0 0 W ~ ~ Z ~ Z Z Z Z Z Z Z Z Z Z Z Z ~ ~ J ~ ~ _ ~ ~ ~ 0 ~ ~ 0 ~ ~ 0 ~ 0 ~ ~ ~ 0 c °X p ~ ~ o m m m m m m m m m m m m m m Z m L~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ o ~ z z z z z z z z z z z z z z U U ~ ui ~ ~ ~ ~ ~ ~ o o ~ ~ ~ ~ N ~ ~ - m m m m m m ° ~ N ~ m m N ~ z ~ t6 ~ 0 0 0 0 0 0 ~ 0 0 co ~ Z Z Z Z Z Z ~ ~ Z Z ~ ~ O ~ ~ N ~ N ~ n! m m m m m m m m z ~ m N N 0 0 0 0 0 0 0 0 W N~ N ~ ~ ~ ~ ~ ~ Z Z Z Z Z Z Z Z ~ ~ ~ ~ N N O N = O~ ~ 0 ~ o ~ ~ ~ ~ ~ ~ Q N m ~ m N m N m ~ m O m m m m W U~ ~ 0 ~ 0 0 0~ 0 ~ 0 0 0 0 ~ w v z~ z~ z~ z z~ z z z z ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a~ N p U N U m m m m m m m m m m m m m m ~ w .~'L o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ' mU U ~ Z Z Z Z Z Z Z Z Z Z Z Z Z Z x W ~ U O ~ dS ~ L O In ~ 0 In ~ 0 ~ O ~ O ~ a~X ° cv m ~ m ~ m ~ m ~ m ° m ° Z ~ c > ~ ~ ~ c~ ~ ~ ~ o0 0 0 w O~ ~ ~ ~ ~ ~ ~ z ~ z ~ z ~ ~ ~ ~ ~ > 0 ~ ~ U x x ~k ~ ~k 1 ~ ~ U U ~ ~ ~ ~ ~ o a ~ ~ a ° a~ ~ ~U ~ ~ ~ Q ~ a..i a..i \ I \ I J ~ ~ ~ ~ U ~ ~ N N ~ ~ C C ~ O U L ~ ~ U ~ U U ~ ~ 0~ U ~ ~ ~ ~ .Q > C C Q ~ Q ~ O O ~ N O O N O N O O O ~ ~ N U O O U U ~ N N o0 00 ~ U Q U ~ Q ~ U ~ ~ O U~ U~ ~ ~ ~ N i i = = U Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ L ~ ~ ~ ~ ~ a.., C C to (0 (0 (6 ~ ~ N N U U ~ ~ N N (6 to O~ O O ~ Z ~ C t6 N ~ ~ U U~ ~ U O O O N E O N Q O 3 N N m m ~ ~ ~ ~ O~ N G N U ~ ~U ~ a ~ ~ ~ ~ ~ ~ ~ U U ~ ~ ~ ~ Q ~ ~ ~ ~ Q ~ Q ~ ~ ~ ~ ~ ~ N N (n (n C~ C N C U C U C C W ~ O O U U ~ U ~ ~ O O Q O O N O O N ~ ~ ~ ~ ~ IL IL (n ~ ~ ~ ~ U ~ ~ U ~ ~ U U U ~ o ~ O ~ ~ ~ ~ ~ ~ ~ ~ c c c c c c c c O ? a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N v U U U U U U ~ ~ y ~ J 3 ~ O~Q~ Q o o°° o o°° 0 0 0 0 0 0 3 ~ Z ~ Z ~ ~ `°n ° ° ~ ~ o°o o°o o°o aoo 0 0 Ma_WZ~, ~ ~ a o ~ ~ Q ~ w v ~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ M r1 ~ 1- ~ N c~ ~ ~ CO ~  W&~m I _ 1 V.0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 L N ~ ~ p p p p p p p p p p p p p p O ~ N p W 0 O 00 00 00 m m m m m m m m m m m Z ~cU c~~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ Z Z Z Z Z Z Z Z Z Z Z Z Z Z > p J ~ ~ ~ p p p p p p p p p p p p p p 0 c °X p c~ v ~ m m m m m m m m m m m m m m Z m L~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ o ~ z z z z z z z z z z z z z z U U ~ ui p p O o p p p p ~ ~n p p O o ~ - m m O ~ m m m m 1` N m m O ~ Z ~ 0 0 ~ 0 0 0 0 O0 ~ 0 0 co ~ p Z Z ~ ~ Z Z Z Z ~ ~ Z Z ~ ~ ~ ~ ~ p p p p p p p p p p p p p p p cOn 00 00 00 m m m m m m m m m m m w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ p Z Z Z Z Z Z Z Z Z Z Z Z Z Z ~ N N 0 N = p M p M p p p p p p p p pp p N)( m ~ m ~ m m m ti m m m m m ~ w U~ 0 ° 0 ° 0 0 0 ~ 0 0 0 0 0 ~ w v z~ z~ z z z z z z z z ~ ~ p p p p p p p p p p p p 0 U ~ ~ cn o N ~ L t6 O m m m m m m m m m m m m Z ~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ 00 U p ~ ~ Z Z Z Z Z Z Z Z Z Z Z Z X w ~ ~o~ ~ L p O p O p O p O p O p ~ p O ~ ~X m ° m ° m m ~ m ° m ~ m ~ c c N ~ ~ ao ao ~ ~ o 0o O) w 0~ ~ c~ 0 ~ 0 ~ 0 N(~} 0 ~ 0 ~ 0 ~ 0 ~ ~ L (n Z Z Z Z Z Z Z C~ O ~ ~ ~ ~ ~ ~ ~ ~ 0 0 ~ ~ N ~ o o U ~ ~ ~ Z Z ~ ~ N J U p ~ c~ ~ c~ ~ ~ a~ ~ ~ ~ o 0 N N U ~ N ~ N > ~ > ~ ~ U p (n ~ t6 t6 O O L L O ~ N > > N N _ _ ~ N N m m ~ ~ ~ ~ , , N~ ~ O O ~ Q~ O ~ y ~ ~ N N N ~ N ~ ~ ~ ~ V ~ N O N ~ ~ ~ ~ ~ ~ N ~ ~ X X N N ~ J J N Q N ~ Z _ ~ y ~ ~ ~ ~ N N N N ~ ~ ~ J N ~ ~ N ~ O'~ - pp 3 3 ~ ~ o~ o~ ~ ~ ~ ~ ~ ~ JU Jp ~ U v ~ ~ ~ + + ~ ~ ~ ~ N N N O N N o0 00 ~ ~ ~ ~ W ~ C~ C'~ U d0 00 ~ L C ~ C ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ N U U ~ O p ~ nUU° U° J J ~(n~u) ~ ~Uci ci O (n - 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Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ° cNv ~ ~ ~ Z Z Z Z Z Z Z Z Z Z Z Z Z Z ~ N ~ 0 cn = ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ o D o p N)( m m m m m m m m m m m m m ~ m ~ w U~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 c`w ~ w U z z z z z z z z z z z z z~ z~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p U S N cn M M M M M M MM M M M M M M M M MM Q L ~ X W W W W W W W W W W W W W W W W cA U ~ Z .~L o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ; m U ~ Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z x w ~ cdS ~ L ~ ~ ~ ~ ~ ~ ~ ~ O ~ O ~ ~ o 0 0 p ~X m m m m m m m m m m m m m 0 0 0 Z 0 0 0 0 0 0 0 0 0 0 0 0 0 c"w ~ c° ~ o~ z z z z z z z z z z z z z C~ a o U ~ o ~ o ~ o Q o Q o N ~ U ~ U ~ U ~ U ~ U ~ U ~ ~ ~ ~ U ~ U ~ U ~ U ~ U ~ o ~ N N N N N N N N N N ~ ~ U ~ ~ C ~ C C C ~ C ~ C C N N ^ ^ Q ~ N O O O O O O O O O O ~ ~ ~ L ~ N N N N N N ~ N N N ~ ~ ~ ~ N ~ ~ N N N N N N N N N N ~ ~ v, cn U ~ Q Q 3 J J J J J J J J J J ~ ~ ~ ~ ~ a ~ c~ c~ c~ c~ c~ c~ ca c~ c~ ca > > > > U U ~ 0 c~ ~ ~ a~ a s a s a s a s ~ ~ a~ o ~ U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ C~ U U U ii W - - - - - - - - - _ ~ ~ ~ ~ ~ a~ o ~ o a~ ~ ~ a ~ O Q ~ ~ ~U o0 o0U N NU ~ ~U c~ c~U ~ ~U ~ ~ m m O (n - O ~ N ~ o N N N N N cn cn cn cn cn cn cn cn cn ~ ~ „ `0 ~ ~ ~ ~ ~ ~ c c c c c c c c c ~ ~ ~ ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N V U U ~ ~ y ~ ~ J ~ ~ O O O O O O O O O O O O O O O O O M Q V~ Z~ ~ ~ o 0 0 0 0 0 0 0 0 ~ o 0 ~y W Z v r r r ~ a ~ ~ Q= W ~ ~ ~ (fl ~ f~ ~ 0~0 ~ ~ N O N ~ N N M r1 ~ 1- ~ ~ ~ ~ ~ N N N  W ~ ~I i.. 1 L N ~ L~ 0 p p ~ ~ ~ ~ ~ 0 O O O Q ~ cn ~ W O p m m ~ ~ m m m m m m O O ~ Z ~cU t~~ 0 0 N N 0 0 0 0 0 0 N c~ ~ W ~ Z Z ~ ~ Z Z Z Z Z Z ~ ~ ~ ~ ~ J ~ Q > ~ V=)( m m m m m m ti~ O~ m ~ m m m Z ~~o~~ ~ W oo ~ 0 0 0 0 z z 0 ~ 0 0 0 > U U ~ ~ ~ D ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ 0 ui p ~ m m m m m m m m m m m m m Z ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ z z z z z z z z z z z z z ~ N ~ O ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ p .can m m m m m m m m m m m m m w 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ Z Z Z Z Z Z Z Z Z Z Z Z Z ~ N N 0 N = O ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ p N)( m m m m m m m m m m m m m w U~ 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ w v Z z z z z z z z z z z z z ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 a~ N p U N U m m m m m m m m m m m m m ~ w .~'L o 0 0 0 0 0 0 0 0 0 0 0 0 0 ' mU U ~ Z Z Z Z Z Z Z Z Z Z Z Z Z x w ~ cdS ~ L ~ ~ O O ~ ~ ~ ~ ~ O O ~ ~ p m m ~ ~ m m m m m m ~ m m Z 0 0 ~°n 0 0 0 0 0 0 ~ 0 0 ~ o~ z z ~ ~ z z z z z z ~ z z C~ ~ ~ o i o o O - ~ ~ ~ ~ ~ ~ ~ In O - - O ~ L N _ ~ ~ N ~ ~X ~X N ~ N ~ ~ m ~ ~ V ~ o J ~ o 0 0~ ~~U ~ Q c c O ~ o U o0 00 ~Oa coo ~ ~ o o ~ ~ U ~ ~~~~~o~~o~.~~.~ ~ ~ ~ ~ ~ ~ ' ' ~ ~ U N ~ Q N ~ O N U ~ U ~ ~ ~ N o U ~ ~ ~ N~ ~ ~U ~ oo c~ ~o~oU ~ ~ ~ Z ~ Q ~ cU .c~ a~ a~ ~ N c c~ ~ ~ ~ - ago ago ~ coo mom ~ a o U>U_~, 0 0 ~ ~ ~ o~o~o~o~~~~~~~ ~~~o~po cn ~ W a ~ ~ ~ ~ ~ ~ ~ ~ to ~ to ~ (6 ~ (6 (a * ~ ~ O ~ N N ~ O ~ ~ ~m ~m ~m ~m U_ Um UU Q QU o ~ - o ~ N 0 ~ ~ ~ ~ ~ ~ c c ~ ~ c ~ ~ ~ ~ O ~ ~ a ~ ~ ~ ~ ~ ~ m m ~ m ~ ~ ~ N V U U U U U U U ~ ~ y ~ ~ J O~-~~ O O p p O O O O O M Q V~ Z~ N N O O ~ ~ N N ~ N N N N ~ ~ W Z ~ ~ ~ ~ a ~ Q = W M ~ ~ ~ tD ~ I` 00 0 ~ O ~ c~ M r1 ~ 1- N N N N N N N N N N c~ c~ ~  W ~ ~I i.. L N L ~ Q p cn O O O O ~ ~ ~ ~ ~ ~ O o woo c~ m m m m m m m m Z ~cU t~~ N N N c~ 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ z z z z z z z z J ~ ~ _ ~ ~ ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ 0 0 c °X p c~ v ~ m m m m m m m m m m m m Z m L~ 0 0 0 0 0 0 0 0 0 0 0 0 ~ o ~ z z z z z z z z z z z z U U ~ ui ~ ~ D ~ ~ ~ ~ ~ o o ~ O p - m m m m m m m m N O m m w ~ 0 0 0 0 0 0 0 0 ~ ~ 0 0 ~ o z z z z z z z z ~ z z > ~ ~ N)( m m m m m m I` N m m m m W 0 0 0 0 0 0 ~ ~ 0 0 0 0 ~ ~ ~ Z Z Z Z Z Z ~ Z Z Z Z ~ N ~ 0 N = ~ ~ O ~ ~ ~ ~ ~ ~ oo ~ O p ~X m m m m m m m c~ m ~ m m w U~ 0 0 0 0 0 0 0 ~ 0 ° 0 0 ~ W U Z Z Z Z Z Z Z Z ~ Z Z ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ O 0 a~ N p U N U m m m m m m m m m m m m ~ w .~'L o 0 0 0 0 0 0 0 0 0 0 0 0 ~ ' mUU ~ Z Z Z Z Z Z Z Z Z Z Z Z x w ~ cdS ~ L ~ ~ ~ ~ ~ ~ o ~ o ~ O p m m m m m m ~ ~ m ~ m m Z 0 0 0 0 0 0 ~ ~ 0 c~v 0 0 ~ o~ z z z z z z ~ z ~ z z C~ ~ ~ U_ ~ ~ ~ ~ ~ ~ ~ ~ U U U ~ ~ ~ ~ U ' ~ ~ U ~ J ~ ~ m m ' ' N N 4~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m m m m ~ U U U a~ a~ ~ ~ ~ ~ ~ y ~ ~ ~ (n ~ ~ ~ ~ X X N J i N m m ~ ~U U U U ~ ~ ~ ~ ~ - N ~ ~ C C p Q ~ ~ X X~ ~ ~ ~ ~ r r~ ~ N ~ U1 ~ ~ - ~ ~ ~ ~ ~ ~ N - cn ~ - m ~o ~o o m m ~ ~ ~ ~ ~ o Q ~ ~ m ~ a ~ = = 0 C~ ~ a~ a~ ~ U ~ ~~.~~cU~~a a~ ~ ~ Q~Q~ ~ ~ ~ ~ ~ > c~ ~ c~ ~ ~ ~ - a~ a~ ~ ~ ~ o ~ m Imo w~ w~ U ~ U~ cn cn ~ a ~o m m o ~ - ~ ~ ~ a~ N ~ ~ a ~ ~ ~ ~ U ~ ~ ~ ~ ~ > ~ ~ U U U U~~ U U ~ Q ~ ~ ~ D y 3 = J O O ~ U ~ U U ~ a O O O O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O O O O O O O ~ ~ O ~ M Q V W Z~ N N N N N N ~ ~ ~ ~ OO N ~ ~ pOp ~ ~ - Z~ ~ ~ ~ ~ Z ~ Q O ~ ~ ~ ~ W ~ ~ 0 ~ ~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ v ~ ~X o M ~~'1 ~ 1- ~ cN ~ c~ ~ ~ c~ ~ c~ W ~ ~ ~ ~ ~  hAmm &~m I i.. 0 1 1 1 1 1 1 1 1 1 1 1 W-0 I I dl-l- I dl-l- I I dl-l- I L ~ ~ ~ ~ ui ~ ~ Z ~~U ~ ~ W W ~ p J ~ } > J ~ ~ ~ ~ ~ _ o ~ ~ ~ ~ ci_ Z ~ a~ o~ Q W W m~ ~ o ~ ~ o ~ ~ U U ~ 0 m ~ cn o ~ ~ w o w w ~ o w ~ } > ~ a~ 0 ~ o ~ ~ ~ ~ NX Q w ~ ~ Q N ~ N ~ Z ~ ~ ~ ~ W W U~ - ~ o > ~ W U W J 0 ~~a~ N J ~ ~ U N ~ c~X ~X ~ a Z c~~ ~ Z L ~ j mUU ~ ~ W J W ~ V ~ 0 ~ L ~ ~ ~ W Q Q ~ ~ ~ ~ ~X X Z ~ ~ z~ ~ Z W p~ ~ ~ Q N ~ ~ ~ ~ ,y L L n J 0 ~ ~ - ~ ~ ~ Q ~ ~ 0 ~ ~ ~ ~ Z - i N i~ N t ~ ~ ~ ~ ~ N ~ cn 0 ~ Q _0 3 ~ _ ~ ~ 0 ~ i = ~ ~ V ~ 0 ~ ~ ~ ~ = 3 w a 0 L ~ 0 ~ as N ~ ~ o 0 ~w - _ L N, ~ ~ ~ ,C 'a C~ L O m d L N O ~ ~ a~ ~ s 0 c O ~ ~ L > ~ N li 0 N v ~ a ~ 'i +0+ ~ ~ ~ 0 ~ ~ ~ 3 N~ J ~ ~ 3 y d V 3 M Q C)~Z~ ~ ~ ~ ~~s 0 ~ -WZ~ ~ U C ,N ~ N d ~W~ a ~ J °'L'~N~ ~ ~ ~ ~ ~ ~ ~ s .v V ~ Q = W ~ t~ ~ ~ ~ C M P1 ~ 1- ~ ~ M ~ a~  W LL I W w * ~c ~ ~ O 0 O O ~ O ~ O ~ O O O ~ ~ ~ m p ~ ° N O N O m m O O m ~ m m Z m~ ~ ~ ° ~ ° 0 0 N 0 N 0 0 W o~ ~ ~ Q ~ ~ ~ ~ ~ ~ Z Z ~ ~ Z ~ Z Z > m ~ c~ U ~ Q m m m m m m m m m m m m m m Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ Qa U z z z z z z z z z z z z z z ~ ~ ~ ,x ~ ~ ~ o ~ ~ ~ c0 ~ ~ O ~ ~ o ~ o ~ p ~ ~ ui m ~ m m m ~ m ~ m 00 ~ 00 Z a~i o a 0 0 0 0 0 0 ° 0 0 ~ ~ ~U ~ Z ~ Z Z Z ~ Z ~ Z ~ Z ~ Z ~ ~ W x w ~ N 0 N.cn ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ oX 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ ~ Z o L ~ ~ o o c~ c~ ~ c~ ~ ~ c~ ~ oo ao 00 00 z~ ~ N N ~ ~ ~ ~ ~ ~ r ~ ~ ~ r r ~ ~ p ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W ~ ~ U x x ~k ~ ~k 1 ~ ~ U U ~ ~ ~ U U o a ~ ~ a ° a~ ~ ~U ~ ~ ~ Q ~ a..i a..i \ I \ I J ~ ~ ~ ~ U ~ ~ N N ~ ~ C C ~ O U L ~ ~ U ~ U U ~ ~ 0~ U ~ ~ ~ ~ .Q > C C Q ~ Q ~ O O ~ N O O N O N O O O ~ ~ N U O O U U ~ N N o0 00 ~ U Q U ~ Q ~ U ~ ~ O U~ U~ ~ ~ ~ N i i = = U Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ L ~ ~ ~ ~ ~ a.., C C to (0 (0 (6 ~ ~ N N U U ~ ~ N N (6 to ~ ~ ~ ~ ~ ~ ~ ~ Z ~ C t6 N ~ ~ U U~ ~ U O O O N E O N Q ~ 3 N N m m ~ ~ ~ ~ O~ N G N U ~ ~U ~ a ~ ~ ~ ~ ~ ~ ~ U U ~ ~ ~ ~ Q ~ ~ ~ ~ Q ~ Q ~ ~ ~ ~ ~ ~ N N (n (n C~ C N C U C U C C W ~ O O U U ~ U ~ ~ O O Q O O N O O N ~ ~ ~ ~ ~ IL IL (n ~ ~ ~ ~ U ~ ~ U ~ ~ U U U ~ o ~ O ~ ~ ~ ~ ~ ~ ~ ~ c c c c c c c c O ? a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N v U U U U U U ~ ~ y ~ J 3 ~ O~Q~ Q o o°° o o°° 0 0 0 0 0 0 3 ~ Z ~ Z ~ ~ `°n ° ° ~ ~ o°o o°o o°o aoo 0 0 Ma_WZ~, ~ ~ a o ~ M r1 ~ 1- ~ N c~ ~ ~ CO ~  W&~m I _ 1 V.0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ~ ~ O ~ 0 ~ O O O O O 0 O ~ O ~ (6 L m m m m ~ O In In In In ~ O m In m O Z Q ~ ~ ~ ~ N O 07 ~ W ~ ~ ~ ~ 0 O 0 z c~ c~ ~ ~ ~ c~ Z ~ Z c~ ~ m~c~ Q L U ~ Q m m m m m m m m m m m m m m Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ Q a ~ z z z z z z z z z z z z z z ~ ~ ~ ,X ~ ~ ~ ~ ~ ~ ~ ~ ~ o O ~ O O ~ ~ p ~ ~ ui m ~ m ~ m m m ~ m m m m m m Z a~i o a 0 ~ 0 ~ 0 0 0 ~ 0 0 0 0 0 0 ~ ~U W z ~ z ~ z z z ~ z z z z z z x w N ~ N.N ~ o 0 0 0 ~ ~ o 0 0 0 0 0 0 0 ~ oX o 0 0 o m m o o ~ ~ o o ~ ~ p ~ ~ ~ ~ ~ ~ ~ ~i ~i ~ ~ ~ ~ Z Z~ N ~ ~ ~ ~ O O ~ ~ N N N N N N W O U ~ ~ ~ ~ ~ ~ ~ ~ ~ O O ~ ~ N ~ o o U ~ ~ ~ Z Z ~ ~ N J U ~ ~ c~ ~ ca ~ ~ a~ ~ ~ ~ o 0 ~ t6 t6 O O L L p ~ N > > N N _ _ m m N N O U O D U ~ O c c U ~ N N m m ~ ~ ~ ~ , , N~ ~ O O ~ Q~ O ~ y ~ ~ N N N ~ N ~ ~ ~ ~ V ~ N N N ~ ~ ~ ~ ~ ~ N ~ ~ X X N N ~ J J N Q N ~ Z _ ~ y ~ ~ ~ ~ N N N N ~ ~ ~ J N ~ ~ N ~ O'~ - pp 3 3 ~ ~ o~ o~ ~ ~ ~ ~ ~ ~ JU JD ~ U v ~ ~ ~ + + ~ ~ ~ ~ N N N O N N o0 00 ~ ~ ~ ~ W ~ C~ C'~ U d0 00 ~ L C ~ C ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ N U U ~ O ~ ~ nUU° U° J J ~(n~u) ~ ~Uci ci O (n - O N ~ ~ v N N N cn cn cn cn cn cn cn cn cn cn cn ~0 ~ ~ ~ ~ ~ c c c c c c c c c c c ~ ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N v ~ ~ y ~ ~ J ~ ~ ~ I_ O O O O O O O O O O O O O O M Q (n Z~~ O O O O O O O O N N O O O O W Z V r r r ~ r r ~ a ~ ~ 0 Q ~ W oo ~ rn ~ ° o ~ ~ N N ~ ~ ~ ~ M r1 ~ 1- d0 O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~  W ~ ~I i.. ~ ~ p 0 ~ ~ i ~ m p N m ~ m O m m m m m m O O O O O O Z m~ N 0 N 0 N 0 0 0 0 0 0 N N N N °r° N ~ m~~ Q z ~ z ~ z z z z z z ~ ~ ~ ~ U ~ Q m m m m m m m m m m m m m m m m Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W Q p U Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z ~ ~ ~ p ~ ~ ui m m m m m m m m m m m m m m m m Z a~i o a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~U W z z z z z z z z z z z z z z z z x w ~ N 0 N.cn ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ o~ oX o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z p i ~ ~ I` I` ~ ~ ~ ~ O O ~ ~ O O O O ~ ~ N N N N N N N N c'7 t'~ c~ c~ c~ t~ t~ c~ N N ~ W a o U ~ o ~ o ~ o Q o Q o N ~ U ~ U ~ U ~ U ~ U ~ U ~ ~ ~ ~ U ~ U ~ U ~ U ~ U ~ o ~ N N N N N N N N N N ~ ~ U ~ ~ C ~ C C C ~ C ~ C C N N ^ ^ Q ~ N O O O O O O O O O O ~ ~ ~ L ~ N N N N N N ~ N N N ~ ~ ~ ~ N ~ ~ N N N N N N N N N N ~ ~ v, cn U ~ Q Q 3 J J J J J J J J J J ~ ~ ~ ~ ~ a ~ c~ c~ c~ c~ c~ c~ ca c~ c~ ca > > > > U U ~ 0 c~ ~ ~ a~ a s a s a s a s ~ ~ a~ o ~ U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ C~ U U U ii W - - - - - - - - - _ ~ ~ ~ ~ ~ a~ o ~ o a~ ~ ~ a ~ O Q ~ ~ ~U O OU N NU ~ ~U c~ c~U ~ ~U ~ ~ m m O (n - O ~ N ~ o N N N N N cn cn cn cn cn cn cn cn cn ~ ~ „ `0 ~ ~ ~ ~ ~ ~ c c c c c c c c c ~ ~ ~ ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N V U U ~ ~ y ~ ~ J ~ ~ O O O O O O O O O O O O O O O O O M Q V~ Z~ ~ ~ o 0 0 0 0 0 0 0 0 ~ o 0 ~y W Z v r r r ~ a ~ ~ Q= W ~ ~ ~ (fl ~ f~ ~ 0~0 ~ ~ N O N ~ N N M r1 ~ 1- ~ ~ ~ ~ ~ N N N  W ~ ~I i.. 1 ~ ~ O O ~ O D D D D D D D D O D D D p ~ m 0 m m m m m m m m m m m m m w m~ N 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ m~~ Q z z z z z z z z z z z z z L U ~ p ~ m m m m m m m m m m m m W 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ Q a ~ ~ z z z z z z z z z z z z ~ ~ ~ ,x ~ ~ o o ~ o ~ ~ ~ ~ ~ o ~ ~ ~ p ~ ~ ui m m m m m m m m m m m m m Z a~i o a 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~U W z z z z z z z z z z z z z x w N ~ N con ~ D D O O D D D D D O o D D p ~ Q m m ~ ~ m m m m m m ~ m m w z~ 0 0 ~ ~ 0 0 0 0 0 0 cNV 0 0 ~ w~ z z~~ z z z z z z~ z z ~ ~ o i o o O - ~ ~ ~ ~ ~ ~ ~ In O - - O ~ L N _ ~ ~ N ~ ~X ~X N ~ N ~ ~ m ~ ~ U ~ o J ~ o 0 0~ ~~U ~ Q c c O ~ o U o0 00 ~Oa coo ~ ~ o o p ~ U ~ ~~~~~o~~o~.~~.~ ~ ~ ~ ~ ~ ~ N 'L~ ~N~ ~N N ~ c c ~ ~ ~ ~ ~ ~ cn~acn~o o U~U~=~ ~ ~ N o U ~ ~ ~ N~ cn~ ~ ~U ~ ~p oo c~ ~o~oU ~ ~ ~ Z ~ Q ~ cU .cp a~ a~ ~ N c c~ ~ ~ ~ - `n `n ago ago ~ coo mom ~ a o ~ ~ ~ ~ ~ ~ p U> U- 0 0 ~ ~ ~ o~o~o~o~~~~~~~ ~~~o~po cn ~ W a ~ ~ ~ ~ ~ ~ ~ ~ to ~ to ~ (6 ~ (6 (a * ~ ~ O ~ N N ~ O p ~ ~m ~m ~m ~m U_ Um UU Q QU o ~ - o ~ N 0 ~ ~ ~ ~ ~ ~ c c ~ ~ c ~ ~ ~ ~ O ~ ~ a ~ ~ ~ ~ ~ ~ m m ~ m ~ ~ ~ N V U U U U U U U ~ ~ y ~ ~ J O~-~~ O O p p O O O O O M Q V~ Z~ N N O O ~ ~ N N ~ N N N N ~ ~ W Z ~ ~ ~ ~ a ~ Q = W M ~ ~ ~ tD ~ I` 00 0 ~ O ~ c~ M r1 ~ 1- N N N N N N N N N N c~ c~ ~  W ~ ~I i.. ~ ~ 0 0 ~ ~ 0 ~ ~ ~ ~ O ~ Q ~ 0 ~ (n m 0 m m m m m m ~ O m ~ m m W m~ N 0 0 0 0 0 0 ~ ~ 0 ~ 0 0 ' ~ t6 ~ Q Z Z Z Z Z Z Z ~ Z Z L U ~ Q m m m m m m m m m m m m Z 0 0 0 0 0 0 0 0 0 0 0 0 ~ Q a ~ z z z z z z z z z z z z ~ ~ ~ ,x ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ 0 ~ ~ ~ - - - - - - - oo - - ~ p ~ ~ N m m m m m m m ~ m ~ m a~ o a~ 0 0 0 0 0 0 0 ~ 0 0 ~ ~ ~U ~ Z Z Z Z Z Z Z Z ~ Z ~ W x w N ~ N.N ~ o o ~ ~ o 0 0 0 ~ O p ~ ~ m m °o c~v o 0 0 o m m Z z~ ~ ~ 0 0 ~ ~ ~ ~ o rn 0 0 ~ ~ D ~ ~ Z Z ~ ~ ~ ~ Z Z w ~ ~ U_ ~ ~ ~ ~ ~ ~ ~ ~ U U U ~ ~ ~ ~ U ' ~ ~ U ~ J ~ ~ m m ' ' N N 4~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m m m m ~ U U U a~ a~ ~ ~ ~ ~ ~ y ~ ~ ~ (n ~ ~ ~ ~ X X N J i N m m ~ ~U U U U ~ ~ ~ ~ ~ - N ~ ~ C C p Q ~ ~ X X~ ~ ~ ~ ~ r r~ ~ N ~ U1 ~ ~ - ~ ~ ~ ~ ~ ~ N - cn ~ - m ~o ~o o m m ~ ~ ~ ~ ~ o Q ~ ~ m ~ a ~ = = 0 C~ ~ a~ a~ ~ U ~ ~~.~~cU~~a a~ ~ ~ Q~Q~ ~ ~ ~ ~ ~ > c~ ~ c~ ~ ~ ~ - a~ a~ ~ ~ ~ o ~ m Imo w~ w~ U ~ U~ cn cn ~ a ~o m m o ~ - ~ ~ ~ a~ N ~ ~ a ~ ~ ~ ~ U U ~ ~ ~ ~ ~ > ~ ~ U U U U~~ U U ~ Q ~ ~ ~ D y 3 = J O O ~ U ~ U U ~ a O O O O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O O O O O O O ~ ~ O ~ M Q V W Z~ N N N N N N ~ ~ ~ ~ OO N ~ ~ pOp ~ ~ - Z~ ~ ~ ~ ~ Z ~ Q 0 ~ ~ ~ ~ W ~ ~ 0 ~ ~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ v ~ ~X o M ~~'1 ~ 1- ~ cN ~ c~ ~ ~ c~ ~ c~ W ~ ~ ~ ~ ~  hAmm &~m I i.. 0 1 1 1 1 1 1 1 1 1 1 1 W-0 I I dl-l- I dl-l- I I dl-l- I ~ ~ 0 (6 ~ ~ m 0 N X ~ Z 00~ ~ ~ ~ ~ m ~ ~ Q ~ U ~ ~ L ~ O ~ ~X Z > Q ~ ~ ~ ~ ,x ~ ~ _ ~ p ~ ~ ui ~ ~ ~ X Q cn Z ~ ~ ~ cv 0~~ ~ ~ ~ W x w ~ N ~ (n ~ ~ o Q ~ Z o ~ ~ W W z ~ ~ o ~ ~ ~ W ,y L L n J 0 ~ ~ - ~ ~ ~ Q ~ ~ 0 ~ ~ ~ ~ Z - i N i~ N t ~ ~ ~ ~ ~ N ~ cn 0 ~ Q 3 ~ _ ~ ~ 0 ~ i = ~ ~ V ~ 0 ~ ~ ~ ~ = 3 w a 0 L ~ 0 ~ as N ~ ~ o 0 ~w - _ L N, ~ ~ ~ ,C 'a C~ L O m d L N O ~ ~ a~ ~ s 0 c O ~ ~ L > ~ N li 0 N v ~ a ~ 'i +0+ ~ ~ ~ 0 ~ ~ ~ 3 N~ J ~ ~ 3 y d V 3 M Q C)~Z~ ~ ~ ~ ~~s 0 ~ -WZ~ ~ U C ,N ~ N d ~W~ a ~ J °'L'~N~ ~ ~ ~ ~ ~ ~ ~ s .v V ~ Q = W ~ t~ ~ ~ ~ C M P1 ~ 1- ~ ~ M ~ a ~  W LL I W w * ~c ORDINANCE N0. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF SOIL, SAND, AGGREGATE AND LIME FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4375-ANNUAL CONTRACT FOR SOIL, SAND, AGGREGATE AND LIME AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION FOR EACH ITEM IN THE ANNUAL ESTIMATED AMOUNT OF $2,000,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City 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 4375 23 Anchor Sports 1, Inc. Exhibit A 4375 26a Blanco Sand & Gravel, Inc. Exhibit A 4375 27, 28, 29a BWI Companies, Inc. Exhibit A 4375 20a, 22a, B&B Sand Exhibit A 4375 1 a, 4a, 8a, 9a,11 a, l 4a, CJA Enterprises Exhibit A 21 a, 36a 43 75 3 a, 7a Eagle Aggregate Transportation Exhibit A 4375 Sa, 6a, l0,10a,12a, l3, Martin Marietta Materials Exhibit A 4375 13a,15a,16,17,18,18a,19,19a 4375 30, 34, 34a Noles Enterprises Exhibit A 4375 25, 25a, 33, 33a, Living Earth Technology Co. Exhibit A 4375 1, 2, 3, 22, 35 Red River Sand Co. Exhibit A 43 75 3 8 Redi-Mix Concrete Exhibit A 4375 2a, 35a Tim Beaty Builders, Inc. Exhibit A 43 75 7, 9,12,14,15, 20, 21, TXI Exhibit A 36 4375 5, 6, 8,11 Vulcan Materials Co. Exhibit A 4375 4,16a,17a, 31-32a, 37 Wier Bros. 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 , 2009. 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 4375 ~ ~ 0 c~~- a D (A°~= ~X Z m ~ N ° ~ ~ m LL m ~ Q C ~ O N N ~ V L U ~ X Z ° o ~ ~ ~ W Q~ ~ ~ ,X N p ~ U mX Z ~ a ~ ~ > ~U W p °X w~ z ~ m~ ~ W p ~ a ~ ~~U ~X Z > ~ ~ ~ ~ W J W ° p ~ ~ ~ _ C ~ _ Q O D oX W mU > U 0 ui D ~ Z ~ w p ~ ~ 0 ° ~ ~ ~ p ~ c cn X . 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O U ~ U ~ C C G ~ ~ ~ ~ ~ X 3 0 ~v O m ~ L~ O L D .O ~ vV 0 M V Z _ N ~ O ~ c~ ' ~ t ~ ~ ~ ~ ~ Z ~ d r Z ~ ~ ~ ~ O G1 O N C ~ N ~ ~ ~ ~ Q ~ O ~ ~ ~ ~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ 0 Q~ ~ M W M = ~ O M O H O ~ r 0~ r ~ a C m ~ Q Vl ~ ~ ~ ~ ~ ~ ~ N ~ m W ~ ~ AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Curt Arndt 349-8462. ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the installation of roadway pavement markings for the City of Denton Traffic Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 43 83 - Annual Contract for Installation Roadway Pavement Markings awarded to Striping Plus, Inc. in the annual estimated amount of $204,450). BID INFORMATION This bid is for the supplying, preparation, installation and/or removal of pavement markings at various locations within the City of Denton. Although no specific locations for installation are indicated in this bid, the estimates are based upon a composite of planned roadway marking improvements as determined by the City's Traffic Control Department. RECOMMENDATION Award to Striping Plus, Inc., in the unit prices shown on Exhibit A of the Ordinance for an annual estimated amount of $204,450. PRINCIPAL PLACE OF BUSINESS Striping Plus, Inc. Grand Prairie, TX 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 pricing, terms and conditions remaining the same. FISCAL INFORMATION Funding for the maintenance portion of this bid will come from account 352001.6516. Installations relating to Capital Improvement Projects will be charged to the appropriate project account when the work is performed. Agenda Information Sheet October 6, 2009 Page 2 EXHIBITS Exhibit 1: Tabulation Sheet Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 4383 EXHIBIT 1 BID #4383 DATE: September 10, 2009 Annual Contract for Installation of Roadway Pavement Markings Item Qty. UOM Description Vendor Vendor Vendor Vendor BTA Services, Highway Ltd. Dba Action Technolo ies Stri in Plus Inc. Stripe-A-Zone, g p g Inc. Services Inc. Principle Place of Business: Rockwall, TX Fort Worth, TX Grand Prairie, TX Grand Prairie, TX 1 20,000 LF 4" White Thermoplastic Install $0.75 $0.38 X0.38 $1.20 2 26,000 LF 4" White Paint Install $0.20 $0.21 X0.14 $0.36 3 95,000 LF 4" Yellow Thermoplastic Install $0.75 $0.39 X0.38 $1.25 4 80,000 LF 4" Yellow Paint Install $0.20 $0.21 X0.14 $0.36 5 35,000 LF 4" Removal $0.50 $0.37 X0.23 $0.65 6 115,000 LF 4" Prep .005 $0.11 X0.08 $0.10 7 40,000 LF 4" Sealer $0.15 $0.16 X0.08 $0.12 8 30,000 LF 6" White Thermoplastic Install $1.00 $0.51 X0.48 $1.40 9 5,000 LF 6" Removal $0.75 $0.44 X0.28 $0.75 10 10,000 LF 6" Prep $0.01 $0.10 X0.10 $0.11 11 2,500 LF 6" Sealer $0.20 $0.19 X0.10 $0.13 12 15,000 LF 8" White Termoplastic Install $1.45 $0.67 X0.55 $2.10 13 3,500 LF 8" White Paint Install $0.35 $0.36 X0.28 $0.72 14 7,500 LF 8" Removal $1.00 $0.51 X0.33 $0.85 15 15,000 LF 8" Prep $0.01 $0.11 X0.12 $0.12 16 6,500 LF 8" Sealer $0.30 $0.23 X0.12 $0.14 17 4,000 LF 24" White Thermoplastic Install $4.75 $4.36 X3.00 $12.00 18 500 LF 24" Yellow Thermoplastic Install $4.75 $4.41 X3.00 $12.10 19 3,000 LF 24" Remove $1.50 $0.21 X1.00 $1.10 20 4,000 LF 24" Prep $0.01 $0.21 X0.35 $0.20 21 2,000 LF 24" Sealer $1.00 $1.56 X0.35 $0.25 22 100 EA Yield Line 16"x24" Triangle White $10.00 $45.19 X6.00 $45.00 Thermoplastic Install 23 20 EA Yield Line 16"x24" Triangle $5.00 $11.45 X2.00 $10.00 Remove EXHIBIT 1 BID #4383 DATE: September 10, 2009 Annual Contract for Installation of Roadway Pavement Markings Item Qty. UOM Description Vendor Vendor Vendor Vendor BTA Services, Highway Ltd. Dba Action Technolo ies Stri in Plus Inc. Stripe-A-Zone, g p g Inc. Services Inc. Principle Place of Business: Rockwall, TX Fort Worth, TX Grand Prairie, TX Grand Prairie, TX 24 100 EA Yield Line 16"x24" Triangle Prep $1.00 $11.46 X0.70 $0.90 25 100 EA Yield Line 16"x24" Triangle Sealer $3.00 $62.74 X0.70 $1.00 26 5 EA Symbol, 6' Preform Straight Arrow $100.00 $183.13 $95.00 $170.00 White Large Install 27 2 EA Symbol, 6" Preform Straight Arrow $10.00 $13.42 X6.00 $25.00 Remove 28 5 EA Symbol, 6" Preform Straight Arrow $1.00 $6.70 X6.00 $10.00 Prep 29 5 EA Symbol, 6" Preform Straight Arrow $10.00 $47.06 X6.00 $20.00 Sealer 30 5 EA Symbol, 5'6" Preform Turn Arrow $125.00 $200.97 $95.00 $180.00 White Large Install 31 2 EA Symbol, 5'6" Preform Turn Arrow $10.00 $11.43 X6.00 $40.00 Remove 32 5 EA Symbol, 5'6" Preform Turn Arrow $1.00 $6.70 X6.00 $10.00 Pre 33 5 EA Symbol, 5'6" Preform Turn Arrow $10.00 $42.08 X6.00 $20.00 Sealer 34 5 EA Symbol, 8" Preform Straight Arrow $189.00 $183.13 $150.00 $209.00 White Lar e Install 35 5 EA Symbol, 8' Preform Straight Arrow $15.00 $13.39 X8.00 $28.00 Remove 36 5 EA Symbol, 8' Preform Straight Arrow $1.00 $8.05 X8.00 $12.00 Pre 37 5 EA Symbol, 8' Preform Straight Arrow $15.00 $3 8.17 X8.00 $25.00 Sealer 38 10 EA Symbol, 8' Preform Turn Arrow $220.00 $200.93 $180.00 $210.00 White Large Install 39 10 EA Symbol, 8' Preform Turn Arrow $15.00 $11.47 X8.00 $28.00 Remove 40 10 EA Symbol, 8' Preform Turn Arrow $1.00 $5.78 X8.00 $12.00 Pre 41 10 EA Symbol, 8' Preform Turn Arrow $15.00 $42.07 X8.00 $25.00 Sealer 42 5 EA Symbol, 9'6" Preform Straight $189.00 $183.13 $150.00 $210.00 Arrow Install 43 5 EA Symbol, 9'6" Preform Straight $15.00 $11.48 X8.00 $30.00 Arrove Remove 44 5 EA Symbol, 9'6" Preform Straight $1.00 $5.74 X8.00 $13.00 Arrow Pre EXHIBIT 1 BID #4383 DATE: September 10, 2009 Annual Contract for Installation of Roadway Pavement Markings Item Qty. UOM Description Vendor Vendor Vendor Vendor BTA Services, Highway Ltd. Dba Action Technolo ies Stri in Plus Inc. Stripe-A-Zone, g p g Inc. Services Inc. Principle Place of Business: Rockwall, TX Fort Worth, TX Grand Prairie, TX Grand Prairie, TX 45 5 EA Symbol, 9'6" Preform Straight $15.00 $53.45 X8.00 $26.00 Arrow Sealer 46 5 EA Symbol, l2' Preform Straight $230.00 $184.20 X170.00 $215.00 Arrow Install 47 2 EA Symbol, l2' Preform Straight $20.00 $11.43 $10.00 $32.00 Arrow Remove 48 5 EA Symbol, l2' Preform Straight $1.00 $5.74 $10.00 $15.00 Arrow Pre 49 5 EA Symbol, l2' Preform Straight $20.00 $42.08 $10.00 $28.00 Arrow Sealer 50 10 EA Symbol, l3' Preform Combo Arrow $200.00 $351.06 X325.00 $250.00 Install 51 5 EA Symbol, l3' Preform Combo Arrow $20.00 $16.02 No Bid $40.00 Remove 52 10 EA Symbol, l3' Preform Combo Arrow $1.00 $10.04 $15.00 $17.00 Prep 53 10 EA Symbol, l3' Preform Combo Arrow $20.00 $74.90 $15.00 $30.00 Sealer 54 5 EA "Only" Word 8' Preform Install $225.00 $270.96 X230.00 $164.00 55 5 EA "Only" Word 8' Remove $20.00 $11.48 X8.00 $45.00 56 5 EA "Only" Word 8' Prep $1.00 $8.93 X8.00 $15.00 57 5 EA "Only" Word 8' Sealer $20.00 $54.33 X8.00 $20.00 58 5 EA "Stop" Word 8' Preform Install $225.00 $271.06 X230.00 $164.00 59 2 EA "Stop" Word 8' Remove $20.00 $11.43 X8.00 $45.00 60 5 EA "Stop" Word 8' Prep $1.00 $8.93 X8.00 $15.00 61 5 EA "Stop" Word 8' Sealer $20.00 $54.33 X8.00 $20.00 62 5 EA "Ahead" Word 8' Perform Install $300.00 $342.88 X285.00 $208.00 63 2 EA "Ahead" Word 8' Remove $30.00 $11.43 X8.00 $45.00 64 5 EA "Ahead" Word 8' Prep $1.00 $8.93 X8.00 $18.00 65 5 EA "Ahead" Word 8' Sealer $30.00 $54.33 X8.00 $25.00 66 5 EA "Yield" Word 8' Preform Install $300.00 $286.76 X240.00 $200.00 EXHIBIT 1 BID #4383 DATE: September 10, 2009 Annual Contract for Installation of Roadway Pavement Markings Item Qty. UOM Description Vendor Vendor Vendor Vendor BTA Services, Highway Ltd. Dba Action Technolo ies Stri in Plus Inc. Stripe-A-Zone, g p g Inc. Services Inc. Principle Place of Business: Rockwall, TX Fort Worth, TX Grand Prairie, TX Grand Prairie, TX 67 2 EA "Yield" Word 8' Remove $30.00 $11.43 X8.00 $45.00 68 5 EA "Yield" Word 8' Prep $1.00 $8.93 X8.00 $18.00 69 5 EA "Yield" Word 8' Sealer $30.00 $54.33 X8.00 $25.00 70 10 EA Symbol, 4' Preform Bike Lane $200.00 $562.10 X315.00 $424.00 Install 71 5 EA Symbol, 4' Preform Bike Lane $10.00 $13.39 $10.00 $50.00 Remove 72 10 EA Symbol, 4' Preform Bike Lane Prep $1.00 $26.65 $10.00 $20.00 73 10 EA Symbol, 4' Preform Bike Lane $10.00 $94.90 $10.00 $38.00 Sealer 74 20 EA Symbol, 6' Preform Bike Lane $200.00 $853.58 X350.00 $455.00 Install 75 20 EA Symbol, 6' Preform Bike Lane $10.00 $20.00 $12.00 $52.00 Remove 76 20 EA Symbol, 6' Preform Bike Lane Prep $1.00 $20.00 $12.00 $22.00 77 20 EA Symbol, 6' Preform Bike Lane $10.00 $94.89 $12.00 $40.00 Sealer 78 30 EA Symbol, "RXR Kit 6'-16"x20' $475.00 $497.60 X435.00 $585.00 Preform Install 79 30 EA Symbol, "RXR Kit 6'-16"x20' $75.00 $26.64 $25.00 $120.00 Remove 80 30 EA Symbol, "RXR Kit 6'-16"x20' Prep $1.00 $20.00 $25.00 $65.00 81 30 EA Symbol, "RXR Kit 6'-16"x20' $75.00 $94.89 $20.00 $95.00 Sealer 82 2,400 EA RPM-A/A Type II Install Concrete $3.25 $2.77 X2.95 $4.50 83 2,300 EA RPM-A/A Type II Install Asphalt $3.25 $2.77 X2.95 $4.50 84 2,100 EA RPM-C/R Type II Install Concrete $3.25 $3.13 X2.95 $4.50 85 2,000 EA RPM-C/R Type II Install Asphalt $3.25 $3.13 X2.95 $4.50 86 20 EA RPM-B/B Type II Install Concrete $4.00 $2.76 X4.00 $8.00 87 21 EA RPM-H Type II Install Asphalt $4.00 $2.77 X4.00 $8.00 88 25,000 EA RPM Removal $0.25 $0.41 X0.25 $0.35 EXHIBIT 1 BID #4383 DATE: September 10, 2009 Annual Contract for Installation of Roadway Pavement Markings Item Qty. UOM Description Vendor Vendor Vendor Vendor BTA Services, Highway Ltd. Dba Action Technolo ies Stri in Plus Inc. Stripe-A-Zone, g p g Inc. Services Inc. Principle Place of Business: Rockwall, TX Fort Worth, TX Grand Prairie, TX Grand Prairie, TX 89 6 EA Word - 3 number/letters 8' $75.00 $123.11 $75.00 $125.00 Thermo lastic install 90 6 EA Word - 3 number/letters 8' $20.00 $11.43 X8.00 $40.00 Thermo lastic remove 91 6 EA Word - 3 number/letters 8' $10.00 $62.73 X8.00 $19.00 Thermo lastic Sealer 92 6 EA Word - 3 number/letters 8' $1.00 $11.43 X8.00 $17.00 Thermo lastic Pre 93 6 EA Word - 4 number/letters 8' $100.00 $123.11 X100.00 $200.00 Thermo lastic Install 94 6 EA Word - 4 number/letters 8' $20.00 $13.36 $10.00 $45.00 Thermo lastic Remove 95 6 EA Word - 4 number/letters 8' $10.00 $62.73 $10.00 $20.00 Thermo lastic Sealer 96 6 EA Word - 4 number/letters 8' $1.00 $11.43 $10.00 $15.00 Thermo lastic Pre Shipment can be made in days from 180 14 receipt of order. Bidder is an authorized distributor, by the mfg. and is authorized to sell to the City. YES YES YES YES NO N/A ORDINANCE N0. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE INSTALLATION OF ROADWAY PAVEMENT MARKINGS FOR THE CITY OF DENTON TRAFFIC DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4383-ANNUAL CONTRACT FOR INSTALLATION OF ROADWAY PAVEMENT MARKINGS AWARDED TO STRIPING PLUS, INC. IN THE ANNUAL ESTIMATED AMOUNT OF $204,450). 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 NUMBER VENDOR AMOUNT 4383 Striping Plus, Inc. 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 , 2009. 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-Bid 4383 EXHIBIT A BID #4383 DATE: September 10, 2009 Annual Contract for Installation of Roadway Pavement Markings Item Qty. UOM Description Vendor Striping Plus, Inc. Principle Place of Business: Grand Prairie, TX 1 20,000 LF 4" White Thermoplastic Install $0.38 2 26,000 LF 4" White Paint Install $0.14 3 95,000 LF 4" Yellow Thermoplastic Install $0.38 4 80,000 LF 4" Yellow Paint Install $0.14 5 35,000 LF 4" Removal $0.23 6 115,000 LF 4" Prep $0.08 7 40,000 LF 4" Sealer $0.08 8 30,000 LF 6" White Thermoplastic Install $0.48 9 5,000 LF 6" Removal $0.28 10 10,000 LF 6" Prep $0.10 11 2,500 LF 6" Sealer $0.10 12 15,000 LF 8" White Termoplastic Install $0.55 13 3,500 LF 8" White Paint Install $0.28 14 7,500 LF 8" Removal $0.33 15 15,000 LF 8" Prep $0.12 16 6,500 LF 8" Sealer $0.12 17 4,000 LF 24" White Thermoplastic Install $3.00 18 500 LF 24" Yellow Thermoplastic Install $3.00 19 3,000 LF 24" Remove $1.00 20 4,000 LF 24" Prep $0.35 21 2,000 LF 24" Sealer $0.35 22 100 EA Yield Line 16"x24" Triangle White $6.00 Thermoplastic Install 23 20 EA Yield Line 16"x24" Triangle $2,00 Remove EXHIBIT A BID #4383 DATE: September 10, 2009 Annual Contract for Installation of Roadway Pavement Markings Item Qty. UOM Description Vendor Striping Plus, Inc. Principle Place of Business: Grand Prairie, TX 24 100 EA Yield Line 16"x24" Triangle Prep $0.70 25 100 EA Yield Line 16"x24" Triangle Sealer $0.70 26 5 EA Symbol, 6' Preform Straight Arrow $95.00 White Large Install 27 2 EA Symbol, 6" Preform Straight Arrow $6.00 Remove 28 5 EA Symbol, 6" Preform Straight Arrow $6.00 Prep 29 5 EA Symbol, 6" Preform Straight Arrow $6.00 Sealer 30 5 EA Symbol, 5'6" Preform Turn Arrow $95.00 White Large Install 31 2 EA Symbol, 5'6" Preform Turn Arrow $6.00 Remove 32 5 EA Symbol, 5'6" Preform Turn Arrow $6.00 Pre 33 5 EA Symbol, 5'6" Preform Turn Arrow $6.00 Sealer 34 5 EA Symbol, 8" Preform Straight Arrow ~ 150.00 White Lar e Install 35 5 EA Symbol, 8' Preform Straight Arrow ~g,00 Remove 36 5 EA Symbol, 8' Preform Straight Arrow ~g,00 Pre 37 5 EA Symbol, 8' Preform Straight Arrow ~g,00 Sealer 38 10 EA Symbol, 8' Preform Turn Arrow $180.00 White Large Install 39 10 EA Symbol, 8' Preform Turn Arrow $g.00 Remove 40 10 EA Symbol, 8' Preform Turn Arrow ~g,00 Pre 41 10 EA Symbol, 8' Preform Turn Arrow $g.00 Sealer 42 5 EA Symbol, 9'6" Preform Straight $150.00 Arrow Install 43 5 EA Symbol, 9'6" Preform Straight $g.00 Arrove Remove 44 5 EA Symbol, 9'6" Preform Straight $g.00 Arrow Pre EXHIBIT A BID #4383 DATE: September 10, 2009 Annual Contract for Installation of Roadway Pavement Markings Item Qty. UOM Description Vendor Striping Plus, Inc. Principle Place of Business: Grand Prairie, TX 45 5 EA Symbol, 9'6" Preform Straight $g.00 Arrow Sealer 46 5 EA Symbol, l2' Preform Straight $170.00 Arrow Install 47 2 EA Symbol, l2' Preform Straight $10.00 Arrow Remove 48 5 EA Symbol, l2' Preform Straight $10.00 Arrow Pre 49 5 EA Symbol, l2' Preform Straight $10.00 Arrow Sealer 50 10 EA Symbol, l3' Preform Combo Arrow $325.00 Install 51 5 EA Symbol, l3' Preform Combo Arrow No Bid Remove 52 10 EA Symbol, l 3' Preform Combo Arrow ~ 15.00 Prep 53 10 EA Symbol, l3' Preform Combo Arrow ~ 15.00 Sealer 54 5 EA "Only" Word 8' Preform Install $230.00 5 5 5 EA "Only" Word 8' Remove $ 8.00 56 5 EA "Only" Word 8' Prep $8.00 57 5 EA "Only" Word 8' Sealer $8.00 58 5 EA "Stop" Word 8' Preform Install $230.00 59 2 EA "Stop" Word 8' Remove $8.00 60 5 EA "Stop" Word 8' Prep $8.00 61 5 EA "Stop" Word 8' Sealer $8.00 62 5 EA "Ahead" Word 8' Perform Install $285.00 63 2 EA "Ahead" Word 8' Remove $8.00 64 5 EA "Ahead" Word 8' Prep $8.00 65 5 EA "Ahead" Word 8' Sealer $8.00 66 5 EA "Yield" Word 8' Preform Install $240.00 EXHIBIT A BID #4383 DATE: September 10, 2009 Annual Contract for Installation of Roadway Pavement Markings Item Qty. UOM Description Vendor Striping Plus, Inc. Principle Place of Business: Grand Prairie, TX 67 2 EA "Yield" Word 8' Remove $8.00 68 5 EA "Yield" Word 8' Prep $8.00 69 5 EA "Yield" Word 8' Sealer $8.00 70 10 EA Symbol, 4' Preform Bike Lane $315.00 Install 71 5 EA Symbol, 4' Preform Bike Lane $10.00 Remove 72 10 EA Symbol, 4' Preform Bike Lane Prep $10.00 73 10 EA Symbol, 4' Preform Bike Lane $10.00 Sealer 74 20 EA Symbol, 6' Preform Bike Lane $350.00 Install 75 20 EA Symbol, 6' Preform Bike Lane $12.00 Remove 76 20 EA Symbol, 6' Preform Bike Lane Prep $12.00 77 20 EA Symbol, 6' Preform Bike Lane $12.00 Sealer 78 30 EA Symbol, "RXR Kit 6'-16"x20' $435.00 Preform Install 79 30 EA Symbol, "RXR Kit 6'-16"x20' $25.00 Remove 80 30 EA Symbol, "RXR Kit 6'-16"x20' Prep $25.00 81 30 EA Symbol, "RXR Kit 6'-16"x20' $20.00 Sealer 82 2,400 EA RPM-A/A Type II Install Concrete $2.95 83 2,300 EA RPM-A/A Type II Install Asphalt $2.95 84 2,100 EA RPM-CIR Type II Install Concrete $2.95 85 2,000 EA RPM-CIR Type II Install Asphalt $2.95 86 20 EA RPM-BIB Type II Install Concrete $4.00 87 21 EA RPM-BIB Type II Install Asphalt $4.00 88 25,000 EA RPM Removal $0.25 EXHIBIT A BID #4383 DATE: September 10, 2009 Annual Contract for Installation of Roadway Pavement Markings Item Qty. UOM Description Vendor Striping Plus, Inc. Principle Place of Business: Grand Prairie, TX 89 6 EA Word - 3 number/letters 8' $75.00 Thermo lastic install 90 6 EA Word - 3 number/letters 8' $g.00 Thermo lastic remove 91 6 EA Word - 3 number/letters 8' $g.00 Thermo lastic Sealer 92 6 EA Word - 3 number/letters 8' $g.00 Thermo lastic Pre 93 6 EA Word - 4 number/letters 8' $100.00 Thermo lastic Install 94 6 EA Word - 4 number/letters 8' $10.00 Thermo lastic Remove 95 6 EA Word - 4 number/letters 8' $10.00 Thermo lastic Sealer 96 6 EA Word - 4 number/letters 8' $10.00 Thermo lastic Pre Shipment can be made in days from 180 receipt of order. Bidder is an authorized distributor, by the mfg. and is authorized to sell to the City. YES YES NO N/A AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8424 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board contract #281-07 for the acquisition of a Bucket Truck with Aerial Device for the City of Denton Electric Substation department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4413-Purchase of Bucket Truck With Aerial Device awarded to Southwest International Trucks in the amount of $134,503). The Public Utilities Board recommends approval (4-0). FILEINFORMATION The Buy Board awarded a contract to Southwest International Trucks for the purchase of a 2009 International 4300 cab truck with an Altec bucket body. This truck is comprised of an International Maxx Force DT- 225 hp engine, Tier III compliant (EPA) with 5 speed automatic transmission. The body of the truck is Altec Model AT40M, single person bucket with a working height of 45 feet, and is mounted on a 2009 International cab and chassis. This unit is a fleet replacement due to unexpected mechanical problems. Maintenance and operational expenses will be covered within the Electric Substations annual budget as costs are incurred. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its September 28, 2009 meeting. RECOMMENDATION Award the purchase of a 2010 International 4300 Cab Truck with Altec body to Southwest International in the amount of $134,503. PRINCIPAL PLACE OF BUSINESS Southwest International McKinney, TX Agenda Information Sheet October 6, 2009 Page 2 ESTIMATED SCHEDULE OF PROJECT The vehicle is estimated to be delivered within 180 days from receipt of order. FISCAL INFORMATION This truck will be funded from account 602598605.1355.3920. Requisition 94744 has been entered in the Purchasing software system. EXHIBITS Exhibit l :Buy Board Quote Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4413 Exhibit 1 Texas Local Government Purchasing Cooperative PRICING WORKSHEET Buying Agency: City of Denton Date Prepared 9/16/2009 Southwest International Trucks Contract # 281-07 Product Description: New International 2009 4300 with Altec body Contact Person: Mike Ellis Item: Base Chassis Bid $ 46,856.20 B: Options Option cost is 80% of MSRP VIN # 9H083478 NEW 2009 MODEL total of truck options 10,522.80 Subtotal Column 1: $ - Subtotal Column 2: $10,522.80 Total Options $ 10,522.80 CHASSIS WITH FACTORY OPTIONS $ 57,379.00 TOTAL BODY PRICE See attached body spec sheet $76,553.00 Altec body per direct quote to City of Denton Additional Options: Bu Board Fee 400.00 PDI fee 171.00 TOTAL BUY BOARD PRICE $134,503.00 CALVIN LEWIS Southwest International Trucks-MCKINNEY MCKINNEY, Texas, 76010 Fax# 972-542-5250 Office# 972-542-1201 E-mail Address: CALVIN.LEWIS@SWIT-TX.COM To purchase this unit, please issue a purchase order to the Buy Board; the Buy Board will notify Southwest International of your purchase order. We will order the truck and body when we receive the purchase order from the buy Board. Thank you, CALVIN LEWIS 9/171200910:18 AM ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD CONTRACT #281-07 FOR THE ACQUISITION OF A BUCKET TRUCK WITH AERIAL DEVICE FOR THE CITY OF DENTON ELECTRIC SUBSTATION DEPARTMENT BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 4413 -PURCHASE OF BUCKET TRUCK WITH AERIAL DEVICE AWARDED TO SOUTHWEST INTERNATIONAL TRUCKS IN THE AMOUNT OF $134,503). WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing Network 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 on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Buy Board Cooperative Purchasing Network programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items shown in the "File Number" referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 4413 Southwest International Trucks $134,503 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Buy Board Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the city. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Buy Board Cooperative Purchasing Network, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER VVALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r r= 5 BY: 3-ORD-File 4413 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 September 28, 2009 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 7 Monday, September 28, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Dick Smith, Bill Cheek, Randy Robinson, Barbara Russell and John Baines 11 (arrived at 9:04 a.m.) 12 13 Ex Officio Members: 14 Howard Martin, ACM Utilities 15 16 Absent: Phil Gallivan (not excused) and Bill Grubbs (not excused) 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 1) Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his 25 designee to execute a purchase order through the Buy Board contract #281-07 for the 26 acquisition of a bucket truck with aerial device for the City of Denton Electric Substation 27 department by way of an Interlocal Agreement with the City of Denton; and providing an 28 effective date (File 4413-Purchase of Bucket Truck With Aerial Device awarded to 29 Southwest International Trucks in the amount of $134,503). 30 31 Board Member Randy Robinson moved to approve Item 1 with a second from Board 32 Member Barbara Russell. The motion was approved by a 4-0 vote. 33 34 The meeting was adjourned by consensus at 11:10 a.m. AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mark Nelson 349-7702 ACM: Jon Fortune SUBJECT Consider the adoption of an ordinance of the City of Denton approving change order seven and amendment to a Professional Services Agreement between the City of Denton, Texas and Innovative Transportation Solutions, Inc. dated March 5, 2002, extending said Agreement, and authorizing and ratifying the expenditure of funds for work to be performed; authorizing the City Manager or his designee to execute the Change Order on behalf of the City and expend funds authorized by the Change Order; and providing an effective date. (File 4155-in an amount not to exceed $126,000). Mobility Committee Recommended consideration of this Agreement 2-0 on August 25, 2009. BACKGROUND The original Professional Services Agreement approved by Council on March 5, 2002, provides for the identification, development and implementation of maj or transportation and infrastructure projects including critical timelines for each identified project. The following is a summary of the Change Orders associated with this Contract and the services provided by Innovative Transportation Solutions, Inc. (ITS) as a result of the Change Orders. • Change Order One (March 2, 2004) continued this service through September 30, 2004 and added support services for our Regional Mobility Coordinator. • Change Order Two (October 5, 2004) extended the contract through September 30, 2005. • Change Order Three (October 18, 2005) extended the contract through September 30, 2006. • Change Order Four (September 26, 2006) extended the contract through September 30, 2007. • Change Order Five (November 6, 2007) extended the contract through September 30, 2008. • Change Order Six (September 23, 2008) extended the contract through September 30, 2009. Agenda Information Sheet October 6, 2009 Page 2 BACKGROUND (CONTINUED) This Contract has supported our regional transportation efforts as summarized below: • Advocated and represented City of Denton Transportation needs associated with regional toll road issues surrounding SH 121 and SH 161 through the North Central Texas Council of Governments (NCTCOG). ITS has provided substantial efforts in assisting with crafting regional toll policies that will greatly enhance transportation infrastructure in our community once 121 Regional Toll Revenue Funding Initiative funds becomes available. • Assisted City staff with the development and submission of transportation proj ects for the North Central Texas Council of Governments' (NCTCOG) Regional Toll Revenue Initiative. • ITS has supported City of Denton planning efforts related to the western extension of Loop 288, coordination of planning activities for FM 2499 and securing TxDOT commitment to enhance I-35E to US 380 as part of the I-35E project. • ITS continues to coordinate efforts with the County Bond Program (TRIP 08) that has a maj ority of funds dedicated to transportation. The continued use of ITS services is integral to the development of future transportation infrastructure for the City of Denton, and will almost certainly result in an overall savings of tax dollars above and beyond the expenditure for these services. PRIOR ACTION/REVIEW Council approved the original contract for professional services on March 5, 2002, Ordinance No. 2002-062 in the amount of $70,000. • Council approved Change Order One in the amount of $117,000 on March 2, 2004 • Council approved Change Order Two in the Amount of $120,000 on October 5, 2004 • Council approved Change Order Three in the amount of $120,000 on October 18, 2005 • Council approved Change Order Four in the amount of $120,000 on September 26, 2006 • Council approved Change Order Five in the amount of $120,000 on November 6, 2007 • Council approved Change Order Six in the amount of $126,000 on September 23, 2008 • Mobility Committee Recommended Council consideration of Change Order 7 to this Professional Services Agreement, 2-0 Agenda Information Sheet October 6, 2009 Page 3 RECOMMENDATION Award Change Order Seven to the Innovative Transportation Solutions, Inc. contract in the amount of $10,500 per month for an annual amount of $126,000. PRINCIPAL PLACE OF BUSINESS Innovative Transportation Solutions, Inc. Farmers Branch, TX ESTIMATED SCHEDULE OF PROJECT This change order authorizes services to be performed through September 30, 2010. FISCAL INFORMATION Change Order Seven will provide payment in the amount of $10,500 monthly for an annual contract amount of $126,000. Change Order Seven brings the contract total to an amount not to exceed $919,000. Funds have been budgeted for this contract in the FY 2009-2010 Transportation Operations account 350000.7854. EXHIBITS Exhibit l :Change Order Six- Ordinance 2008-224 Exhibit 2: Ordinance No. 2002-062 (Professional Services Agreement) Exhibit 3: Draft Minutes, August 25, 2009 Mobility Committee Minutes Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4155 Exhibit 1 . S:lour Documentsl0rdinancesl0$Ilnno~rative Transpara~on Ord.doc ORDINANCE NO. ~QrS AN ORDINANCE OF THE CITY OF DENTON APPROVING CHANGE ORDER SIX AND AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND INNOVATIVE TRANSPORTATION SOLUTIONS, INC. DATED MARCH 5, 24x2; EXTENDING SAID AGREEMENT, AND AUTHORIZING AND RATIFYING THE EXPENDITURE OF FUNDS FOR WORK TO BE PERFORMED; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CHANGE ORDER ON BEHALF OF THE CITY AND EXPEND FUNDS AUTHORIZED BY THE CHANGE ORDER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 5, 2002 the City entered into a Professional Services Agreement with Innovative Transportation Solutions, Inc. the "Consultant"} to provide transportation consultation services the "Contract"}; and WHEREAS, on March 2, 2004 the City Council approved Change Order One; and WHEREAS, on October 5; 2004 the City Council approved Change Order Two; and WHEREAS, on October 1 S, 2005 the City Council approved Change Order Three; and WHEREAS; on September 26, 2006 the City Council approved Change Order Four; and WHEREAS, on November 6, 2007 the City Council approved Change Order Five; and WHEREAS, Change Order Six to the Contract attached hereto and made a part hereof by reference as Exhibit "A" the "Change Order"} is necessary to add additional tasks, to extend the Contract from October 1, ZOOS through September 30, 2009, and to authorize and ratify the expenditure of funds; and WHEREAS, the City Council finds that the Change Order and Amendment serves valid public and municipal purposes and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by reference into the body of this ordinance as if fully set forth herein. SECTION 2. The Change Order and Amendment in substantially the form of the attached Change Order and Amendment is approved extending the Contract from October 1, 200$ through September 30, 2009. The City Manager, or his designee, is hereby authorized to execute Change Order Six on behalf of the City and to make the expenditure of funds provided for by Change Order Six in the amount of $10,500 per month for a total of $12,000. SECTION 3. The City Manager, or his designee, is authorized to exercise al! rights and duties of the City of Denton under this Contract. C S:IOu~ Documentsl0rdinances1081lnnovative Transporabon Ord.doc SECTIQN 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the da of 2008. MA ABU G S, MAYaR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TD LEGAL FGRM: JOHN M. KNIGHT, INTERIM CITY ATTaRNEY BY: s:lour docurnentslcantrac~ldSli[s c~angt order six fy2409 doe E.~IIBIT A CHANGE GRDER SYX AND A.IVIENDMENT TQ PRaFESSIONAL SERVICES AGREEMENT FaR ENGINEERING SERVICES STATE OF TEAS § COUNTY OF DENTON § TINS CHANGE ORDER SIB AND AMENDMENT tv that certain contract made and entered tnto on the 5~' day of March, 2002, hereinafter called "Contract" b and y between the City of Denton, Texas, a Texas Municipal Corporation, with its princi le office at 215 East McKiz~ne Street De ~ P y nton, Denton County, Texas 76201, hereinafter called Owner' and Innovative Transportation Solutions, Znc. with its corporate office located at 2701 Valle View Lane Farmers Branch Texas here' Y inafter called "Consultant," WHEREAS, the parties wish to extend the Contract through September 30, 2049 and make certain other changes more fully set forth herein; NOW, THEREFORE, WITNESSETH, that in the consideration of the covenants agreement herein contained the parties hereto do mutually agree as follows: SECTION 1. Article Il "Scope of Services" and Attachment A attached ~to the Contract are hereby amended by adding Attachment A attached to this Contract ~Ch.an a Order Six . g } SECTION 2. Article 1V. "Period of Services" is hereby amended to extend the riod of service from October l 2008 throw h ~ g September 30, 2009. SECTION 3, : Article V "Compensation" is hereby amended to provide that the consultant ~vill be paid an additional amount of $1 D,500 per month or a total of $126,000 for the twelve month penod from October 1, 2008 through September 30, 2009. SECTION 4. Save and except as amended hereby, all the remaining clauses, sentences paragraphs, sections and subsections of the Contract shall remain in full force and effect. IN FITNESS HEREOF, the City of Denton, Texas has caused this Contract to be executed by its duly authorized City Manager, or designee and Consultant has exec ed this Contract through its duly authorized undersigned officer on this the ~ da of r , ~ J2048. y S:iQar DocumentslC~ntractsl~8UTS Change Order Six FYZQ09.dac CITY OF DENTON, TEXAS GEORGE C. CAMPBE CITY MANAGER ATTEST: JENNIFER ~VALTERS, CrTY SECRETARY r Y' • rv APPROVED AS TG LEGAL FORM: J4~ M. ~NrGHT,1NTERIM CITY ATTORNEY BY; Page 2 ~f 2 ATTACHMENT A V~ORK DIRECTIVE CHANGE NITM~ER SIX Ta THE PRGFESSI4NAL SERVICES AGREEMENT V4~ITH INNOVATIVE TRANSPDRTATIGN SGLUTIONS INC. . This work Directive Change ~WDC~ is made this ~ ~ y of ~ 2flQ$, between the City of Denton ~"Ciry"~ and Innovative Transportation Solutions, inc, ~"Consultant") to the above referenced Agreement the "Contract"~ in the following , respects: i waRK DIRECTIVE CHANGE DESCRIPTION: Owner and Consultant acknowledge the following additions, deletions, or revision in the Scope of Work to be performed: • Facilitating the coordination between the City of Denton and the Texas Department of Transportation ~TxDOT~ on the reconstruction of lH-35 E from southern city limits to north of the City just north of the proposed Outer Loop; • Facilitating the coordination between the City of Denton and TxDOT on the development of the Trans Texas Corridor; . • Facilitating the coordination between the City of Denton and TxDOT on the development of the Outer Loop; • Facilitating the potential use of monies received from the SH 121 Regional Toll Revenue initiative; • Facilitating the potential use of monies generated from the development of other regional toll facilities such as SH 161, SH 17D, SH 3b0 and the Southwest Parkway through the Regional Toll Equity agreement established by the North Central Texas Council of Governments. • Facilitating coordination between the City of Denton and~Denton County concerning the County Bond Program that has a majority of the funds dedicated tc~ transportation; • Providing any needed staff assistance for the City's Mobility Committee including attending monthly meetings; • Providing any needed staff assistance for the City's CIP and Bond Oversight committee; • Preparing grant and other funding applications; • Representing the City of Denton with appropriate federal, state, regional and local agencies and meetings; • Other transportation planning, funding, and coordinating work as required by the City. Page 1 The continued use of ITS services is integral to the development of future transportation for the City of Denton, and wil! almost certainly result in an overall savings of tax dollars above and beyond the expenditure far these services. Total compensation for these services tl~rough September 30, 2009 is $10,500 per month for a total not to exceed $12b,D00. City hereby directs the Consultant to proceed as follows: The pasties to the Contract formalize this wDC as Change Order Six that changes the Scope of Work. ~t extends the term of the Contract through September 30, 2049. In all other respects, the Contract remains the same. CITY QF DENTON, TEAS . ~3Y: GEORGE C. CAMFB L, CITY MANAGER Date: ~~,y Q,~ ~ ATTEST; J TNIFrR 'WALT RS, CITY SECRETARY B APPROVED AS FARM: JOHN M. KNIGHT, INTERIM CITY ATTORNEY BY: I~~NO'~ATI 0 AVON ~ UTIONS, INC. BY: / JOHN~~: POLSTER Tide ~i o~w~ . 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K I• 1~ d~ lI r ~~.t.l LIN ~1 BR~~'l~, it~r'~,,r~1.,~1..f B,. .1C::?~fl~'~1~~~~i~l~ ~`f,~~.,'1~"1:~~~~~, Cyf`1~~' ~~C:'Izl:~~1"I~.i.~~~ l ~ l.j~~.1~~3.~~r~~" ~~..P:f;C~r~,Y, ~:,.rl"Y ~1'~l"'l~'C~~f~.i~L~~~ ~ sr,' f . : ' (~',S112~1~~{1 ...~I~R,1f~S('(:.~(Z`~f:~'i%1~:)N ~l:;l~1;i(:'I:~ ~it.)!l. l'lZ()l~I:~,S,~I(:~)N11(-, S(~.I~~- I(:'(:~ C71~~:)f~1~1N(,~.., PRC~F~~SiO~AL,SERViOES,AOREEI~E~T FOR FOR EiVOlI~EERI~C SER~~CES STATE 0~' TEAS § COItI~TY OF DENTON ~ THIS AGREEMENT is rr~ade and entered into as of the day of March, ~0~2 by and between the City of Benton, Texas, a Texas municipal corporation, with its principal office at 215 East ~1lcKinney Street, Denton, f~enfion County, Texas 7201, hereinafter called "avtlNER" and Innovative Transpor~atM~or~ Solutions, IrY~~, with its corporate office located at 2701 Valley View Lane, Farn~ers Branch, Texas, hereinafter called "CO~1St~l_TAI~T," acting herein, by and through their duly authorized representatives, WlTNESSETH, that in consideration o~f the covenants and agreements herein contained, tl7e parties hereto do mutually agree as follows: ARTICLE ENi~LOYMEi~T 01~ CONSULTANT The GUVNER hereby contracts with tl~e C~NSULT~I~1T, as a(-~ (ndepenclent c~r~tractor, and the CaNSULTANT hereby agrees to pPrrornl the services herein i(1 connection witll the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the Stale of Texas. The professional SerViceS Set QLIt llerein are ill GonIlP,Gtlon WItl1 the following described project; The Project shall include, without lir'r~itation, services for the identif cation, develop(1~ent a(~d imple(r(ent~ation o~f rllajor transpor[ation arld infrastrc.~cture projects including a critical time Line for each project identified and the steps necessary to bring each project to co(~pletiar~. ARTICLE II SCOPE 0~ S~R~ICES The CGI~SU~.TANT shall perl:or~~n the following services ii1 a professic~r~al manner: The GOI~S~LTANT shall perform all those services as necessary and as describes! in the Scope o~f Services, which is attached hereto and (made a part hereof as Fxllibit "A" as if written word ~Corword I~~erein. The CQ~ISULTANT shall perform all (hose services set forth in C~NSI~LTAI~fT's Price Proposal for Engineering services associated wit1~~ tr~~ilspo~-tatio(~ infrastructure consultation per Exhibit "A" wl~~icr~ is attached hercta and rr~ade a part hereo~f~ as if written word for word herein. if there is any conflict between the terms of this A ree~l~ent a this A regiment g nd the exh~b~ts attached to g ,the terrns anti condit(ons of this Agree~-nent wil! control over and conditions of the at the terms Cached exhibits or Task orders- ART~~L~ 1~! A~~ITI~t~~L S~RtiIC~~ Additiana~ services to be performed by 'the CQNS~LTANT ~ , OW~1ER whi if au~horized by the ch are not included ~n the above-described basic Services are de ' as fiol(ows: ~ scribed During the course of the Project, as rcq~~ested b OWNER th Y e CQN~U~.TANT wil! be available to accompany 01~NER's personnel v~he~1 rneetin with Resource C - - g the Texas Natural onservation Commiss~on, t~.S. ~nv~ro~lrnental Protection Agenc , or other regulatory a enc►es. The CONS ~ 9 ULTAd~~ wild assist OvU~(ER's personnel ors an as- needed basis ~n preparing corl~pliance schedules, pro ress re orts an eneral technic l g P d prov~d~~1g g a supportfor the OVUNER's cornplia►~ce effar[s. Assisting OWI~El~ or contractor in the defense or prosecution of liti anon in g cannect~or~ with or in addition to those services contemplafied b this A reei~nent. COIV Y g S~J~TANT, ~f any, shad! furnish such services, are a fee basis negotiated b tP~Te res ectiUe i Y p p rf es outside of and ~n addition to this Agree~~lent. Preparing. applications anr~ s~~ppor#ing documents for c overnment r rants ( owns, or planning advances and prOvfC~~l1g data f~~r dctailec:l apf~(icatio»s. Appearing before regulatory agencies or courts as an ex girt witness in an - wi _ P y l~t~gat~on th kh~rc~ pa►t~es or conde~nnatlan proceec~~ngs arising ~(ro~~n tr7e c~evP(a t-ne~~t or p construction of the Project, including the preparation of engineerinc d~~ta and re orts fior ~ p assistance to the OvvNER. AE~Ti~I~~ ~V PERI~~ ~F ~ER~Il~~ This Agreement shale become effective ~ipc~n exec~~tion of this Ac reeme~lf 0 by the INNER and the CONSULTANT and uf~c~n ~ss~.~e of a not~cc to roceed b tl~~e OWNER P y , and shaE! remain in force for ~~he period of pe~for~~~ance through Se ten~iher 2002 or as p a , required for the completion of the Projec#, including Additional Services, if an and an required extensions a r v Y . pp a ed by the OWNER. ~h~s Ac~l-ee~~nent ~~zay be sooner . terminated ~n accordance with tf~e provisions hereof. ~RTI~~.E ~ CO~IP~~SAT~~N COM~Ef~SATiON TERMS: " i defined as ex enses incurred by tl~~e CONSULTANT in Subcontract Expense s p _ thers in outside firms ~~or services ~n tl~e {nature of testing, estimating, employment of o structural studies, designing, electrical analysis, etc_ ~ - r Ex ease" is defined as that expense `or any assignment incurred ley Direct Non Labor p or su lies trans ortation and equipment, travel, com111un{catians, the CONSULTANT f pp p . ce and lodcin away from home, anci similar Incidental expenses {n subs{step 9 connection wikh that assignment. T: For and ~ consideration for professional services rendered BIL[..INQ AND PAYMEN ~ ibit "A" which CONS~)LTANT k~sed on the scope of sel~rices shown iE~l Exh , montNy by o and rrlade a art of this Agrecr7~ent {~s if written word for word here{r~, is attached beret p gar annual fee of ONE OWNER a rees to pay CONSULTANT'S reasonable and custoi y g 01fi00 DOLLARS ~~120,000} the HUNDRED ANa TVVEN~Y TIaQ«SANQ AND 0 « ~ r. The Annua! fee w'{ll be prca-rated for the seven I~nonths Annual Fee } per yea the OWNER'S c~{rrcn~t fscal year. The C~UUNER agrees tt~ pay remaining {n USANQ AN~3 00100 DOLLARS ~$~0,000.00} ~tl1e "Monthly CONSULTANT TEN THO NSULTANT n " er month towards the QvvNER'S annual fee obligation. CO Pay{~ne t } p . ~ cicsic nee, detailed shall sub►~it to the QWNER through Its G~ty Nfa~~ac~er or hRS mized stater11ei1t far all professit~nal services renderer] for the prev{aus monthly ite rees to remit l~lanthly Payment in accordance with the rnon~h. The QWNER ag Ilned In Article. II of the eXE?CLlted ~rQfeSS10{lal SerVCCeS Agreen1eC1t. procedures out A{~ticle shall re wire the QUVNER to pay for any work which is Nothing conta{ned in this q i nee or which tisfacto as reasonably deterrnlned by the City Manager or h{s des g , unsa ry, fiance with the terms of this Agreeme{~t. The Q11vNER shall clot {s not sir►bm{#ted In c.o p NSULTANT is in aired to make an ayments to the CONSULTANT when the CO be req Y p default underthis Agreement. ' ~ and a reed that. the CONSULTANT shall not be authorized It is spc,e,{fically undci stood 9 - i e additional make an work ursuant to this Agreement which wa~.Iid i equ r to uncle Y p o' Irscr~ne►~k above the ments b the OWNER for any charge, expense, or r~~{mb~ pay y f e as stated, witl~~a~it first having abta{nect written ai<.Ithorizatian r~~axin~~im not to exceed e ~ rv{ s listed the QWNER. The CONSULTANT shall not prc~ceec~ to perform the so ce from ~ s" without obtaining prior written authorization from the in Article 111 Add{t{onal Service , OWNER. S: For additional services a~~thorized in writing by the OvUNER ADDiTIQNAL SERVICE es at an I the CONSULTANT shall be paad based on the Schedule of Charg In Artacle l 1, anc~ a reed u on t~ay both parties I.7efc~re excc;utioll of the hourly rate negot{aced g p . ,s. Pa nlents for ac~ditic~nal services slltxll Ise d~.{e and pny~~ble upon additional service y sub~~nission by the CCJNSUI.TANT, and shat! be in accordance with subsection B hereof. ~tatenlents shall not be submitted more frequently than monthly. PAYMENT: if the Owf~ER fails to ~~al~e payrr~ents due the GQNSULTANT for services and expenses within sixty ~6g~ days after receipt of the CONSULTANT's undisputed statement thereof, the a~~ounts due the COI~I~ULTANT will be increased by the rate of one percent per month from the said sixtieth ~60~'~} day, anci, in addition, the CONSULTANT may, after giving seven (7} days' written notice to tl~e ~vUNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, howevert nothing herein shall require the OWNER to pay the late charge o~r one percen~l'. ~1"/~} set forth herein if tl~e OvvfVER reasonably determines that the work is unsatisfactory, in accordance with this Article U, "Compensation." ARTICLE VN ~~SERVA~'i~N ANa REUIE~ Q~ T~~ 1lV~R The CONSULTANT wil! exercise re~~sanable care and due diligence in discovering and promptly reporting to the OWNER any defects ar deficiencies in the work of the CONSULTAI~IT or any subcontractors or subconsultants. ARTICLE Val fJV1JNERSI~IP ~F Q{~C~~IENTS A11 documents prepared or furnished by the CONSULTANT (and CQN~ULTANT's subcontractors or subconsultants} pursuant to this Agrcernent are instruments of serviceT and shall become the property of the QUUNER upon the termination of this Agree~~ent. The CONSULTANT is entitled to retain copies ol= all such docume~7ts. The docul~ients prepared and furnished by tl~e CONSULTANT Gyre intended only fo be applicable to this Rroject, and ODUI~lER's use of these documents in other projects shall be at Qv~f NER's sole risk and expense. In the evenf the OWNER uses any of the information or n~aterials developed pursuant to this Agreement III ~ai~other project or rr~r other purposes than specified herein, COIUSU~.TANT is released fror~~ any and all liability relating to their use in that project. AR~'I~~.EVIII 1NDE~EN~EN~ +~ONTRACT~~ CONSULTANT shat! provide services to C~UVNER as an indepencler~t cc~rllractc~r, not as an employee of the UWNER. CONSULTANT shall r7ot have ar clair~~~ any right arising from employee sta#us. ARTICLE I~ INDEMNITY AGREEMENT The C~IVSULTANT shall indemnify and save a~~d held harmless ~(he OvvN~::R and its officers, agents, anci employees fro~~ and against any and ~~ll f iability, clai~~r~s, demands, damages, losses, and expenses, including, buff nat limited to cou~~t costs and reasonable attorney fees incurred by the OWNER, ar~d including, ~vvithout {in~itatian, damages for bodily and personal injuryr death and property da~Ylage, resulting frorn the negligent acts ar om~sssons of the CONSULTANT car its officers, shareholders, agents, or e~~ployees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shat! be co~~strr.~ed to create a liability to any person who is nat a party to this Agree~~ent, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense Of governr~~ental irrirr~unity, which defenses are hereby expressly reserved, ART~GI.E.~ lNS~R~N~E During the perfor~~nance of the services under this Agreement, CONSULTANT shall rnaintai« the follovuing ins~irance with an insurance company licensed to da business in the Mate of Texas by the Stale Insurance Carnn~~ission ar ~~r~y successor agency that nas a rati~~g with Qest Rate Carriers of at leastan A- orabove: Corn~~nercia! general liability Insurance with bodily injury lirl~its o~l' i~at less than $500,000 for each occurrence and not less tl~~~~r~ $500,000 ir1 the aggregate, and with property damage limits of not Tess than $100,000 far each occurrence and not less than $100,OQ0 in the aggregate. Worker's Compensation Insurance in accordance with statutory ~~equiE~en~ents, and Employers' Liability insurance with limits of not less than 00,000 for each accident. Professional Liability Ir~suras~ce with Iin~~its of not less than ~ ~ ,(~C~(~,00(~ ann~..~al aggregate. The CONSI~LTANT shall furnish insurance certificates ter insurance policies at the OWP~ER's request to evidence such coverages, The insurance policies shall na~Y~e the OWNER as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or m.odi~ed withUUt thirty ~30~ days' prior written notice tc~ OWNER c~nd CONSU~.TANT, In s~~ch evert, the CONSUI_TAN~~I~ shall, prior tQ the effective date of the change or cancellation, serve substitute policies furnishing the same average. A,RTI~LE ~l TER~IIN.~TIQ~N AGR~~~~C~T Notwithstanding any ether provision cif this Agreement, eitl~~er party ~~ay ter~~ninate by giving thirty (30}days' advance written native to the other party. This Agrecrnent may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agree~~nent. Na such ter~~~ination ~vili be affected unless the oilier party is given {~1 } written notice {delivered by certified rail, return receipt requested} of intent to terminate and setting forth the reasons speciering the non-performance, and not less than thirty {30} c~~le~idar clays tQ cure tl~~e failure; and {Z} an opportunity for consultation with I~he ter~~~inating party prior to termination. If the Agreement is ter~~inated prior to cor~npletion of thF; services to be provided hereunder, GONSUL~f~ANT sha(I irnr~~cdiately cease all services and shall render a final bill for services to the O1lUNER ~rithin thirty {30} days after the date of ~iermination. The OWNER shall pay CONSULTANT for all services properly ~~ei~dered and satisfactorily performed and For reirnbL~rsak~le expenses to te~-~~nination i~~curred prier to the date Qf termination, in accordance with article V "Cai~~pensatian." Should the OWNER subsequently contract with a near consultant for the continuation of services on the Project, COl~1SULTANT shall cooperate in providing informatio~~. ~1~he CONSULTANT shall turn over all do~.uments prepared or ~trrnished l•~y GONSULTAN~T pursuant to this Agree~~nent to the OWNER on or before the date of termination, but may maintain copies of such documents for its use. A~TI~L~ ~I11 R~~P~N~I~IL~TY ~~R CLAti~~ ANA ~.I~~lL1T1~S Approval by the OUVNER shall not constitute, nc~r Ise dce«~ed a release of the responsibility and (lability of the CONSULTANT, its er7~ployees, associates, agents, subcontractors, and s~ibconsultants fior the accuracy and cor~~petency of their designs or other v~or~; nor shall such approval be dee~~ned to tae a~~ assu~~~ptio4~ o~f sucl-~ responsibility by the OWNER for any defec~(~ in the design or other work prepar~d by the CONSUI'w,TANT, its employees, subcontractors, agents, and consultants. 1~~Ti~L~ Xl~l NoT~~~~ All notices, COl~lrr1U~11C.atiorlS, and reports req~~~red or permitted under this A~~reeiY~en~l: shall be personally delivered or ET►ailed to fhc respective parties by depositing same in the United States ~~nail to the address shov~n below, certified mail, return receipt requested, unless otherwise specified herein. 111lailecl notices shall be deci~ned cor~rnunicated as of three {3}days' rl7afl~rlg: To ~~N~O~LT,ANT. To C~N~o John R. Polster city of Denton Innovative Transportation Solutions, inc. Torn Shaw, Purchasing Agent 270 ~ Valley Viev~r Lane 90 ~ Texas Street Far►~ners branch, Texas 75234 Dei~to~~~, Texas 762og All notices shall be deemed effective upon receipt. by the party to v~hoi~ such notice is given, orvuithin three (3}days' c~►ailing. ARTICLE XV ENTIRE AGREEMENT This Agreement, consisting of 9 pages and Exhibit A, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements? and supersedes all prior coi~te~nperanec~i.~s offers, pro~~ise$, representations, negotiations, cliscussians, co~~~~rnuriicatioi~s, end agreements which ~~nay have been made in connection with the subject rnatfier here~af. ARTICLE ~CVI SEI~ERA~ILITY If any provision of this Agreement is found or deemed by a caE~~rt of cernpe#ent jurisdiction to be invalid or ~.enenforceable, it sl~~~alf be considered severable fro~~ ~lhe remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreer~nent to replace such stricken provision with a valid and enforceable provision vuhirl~ cc~r~~es as c{ose as possible fa expressing the intention ofthe stricken provision. .AR~'ICLE VII CON(~LIANCE w~TH l..~U~~ The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may noun read or hereinafterhe amended. ARTICLE ~Vlll DI~CRI>V111`VA,TIQN PRC~HIf31TED In perfor~~ninq the services required hereunder, the CONSULTANT shall not discriminate against any person an the basis of race, color, religion., sex, national origin car ancestr~rr age, or physical handicap. ART'1CLE ~I~ ~ERS(~~fNEL The CONSULTAI~IT represents that it has or will secure, at its own expense, all personnel required to perform all the services required ~.~nder this Agreement, Such personnel shaft not be ernplc~yees or office~~s c.~f, or Dave a~~y cc~nt~~act~sa( relali~ns witf~ the Owf~1Er-~. CONSULTANT shall in~rorrn the OvvNER o~k ar~y co~~flict of is~~ferest or potential caa~flict of interest that n7ay arise during the term of this Agreement. All services required hereunder will be perror~~ed ley the CONSULTANT or under its supervision_ Al! personnel engaged in work shall be quali~Ced, and shall be a~!~fhori~ed and permitted understate and local laws to perfor~~ such services. ~~T~C XX ,A.SSI~N,~~~LITY an interest in this Agrce~~ent, and sha(~ not The CONSULTANT shall not assign y otherwise nt whether b assignment, novation, o } transfer any interest in this Agreeme ( Y without the prior written consent of the GINNER. ARTiCL~ XXl i1rl0al~NC~Tl~3N A reement or of any covenant, condition, or limitation No waver or rnod~fcation of this g art to be valid unless ~n writ►ng and duly executed by the p y herein contained shall be ~ ~ srlcl(I 1".1e Offered or erewith, and no evidence of ~~ny wa►ver or ~~~d~~a~~t~o charged th . eedin arisen between the par~(ies I~ereto out c}f or received ~n evidence ►n a~~y pros g g reunder and ent or tl~e ri hts or obl~gat~ons of the parties he f affecting this Agreei~ g ~.jted~ and the parties s~.~ch waEVer or modification rs ~n wr~t►ng a~~d duly exec , unless his sectiac~ wil6 not be uva~ved unless as set forth further agree that the prov~s~ons of t herein. AR~'1CL~ X~~1 ~II~C~~.~.AN~~JUS hibits are attached to ~ar~d made a part of this Agreement: The followcng ex ER shall until the expiration o~f three ~3} Years after CONSULTANT agrees that QWN , der this A reen~ent7 have access to and the right to examine any tl~e final payment un 9 ot. the GONSUI.TANT • ~ ~ eriinent hooks, docur~nents, papers, ~~r~c! records d~ret~tly p ree~~r~C~nt. CONSUL~TA~T age-ees that OwNFR 3rtvalving transactions relG~t~ng to tl~~s Ag iii s l work~n hours to all necessary CONSULTANT fac ► t e shall have access during norma 9 Pin order to conduct hall be rov~ded adequate and appropr►ate working spac., ands p . OWNER shat( give CONSL)L.TANT reasonable audits En compliance w~tl~ this section advance notice of intended audits. lie exc(usivel in it or cause of action under this Agreement shall y Venue of any su e~~ent shall be construed in accordance with tl~e laws Denton County, Texas. This Agre of the State of Texas. he ke ersons who will perfc~r~~~ most of the work For the purpose of this Agreement; t Y ~ c wever notl~~n herern c rshall be John R. holster and Trac l.... Hens 1-l~ g hereun ~ e other ~ ualrfiecl and co~~r~petent a-ne►nbers of sts firm shat! (ir~~t CONSULTANT from using q to perform the services required herein. 7 c~nd cc~~n~~lete any and all projects with all CONSULTANT shall co~~~mence, carry o~ , ~ ,cordance sound econar~ica(, and efficient rnani~er and ~n ac applicable dispatch, in a ~ CONSULTANT shall take with the rovis~ons hereof. In accompl~sh~ng the pro}ects, P sure t1~at ~tl~e work involved ~s properly roord~nale such steps as are appropriate to el w(th related work being carried on by fihe QvvN~R. The OWNER sllall assist the CONSULTANT by placing at the CONSULTANT's disposal a!l available information p~rtine►1t to the Project, includi~lg previous reports, any other data relative to the Project, and arranging for the access tl~ereto, and rnal~e all provisions for the CONSULTANT ~ to enter in or upon public and' private property as required forthe CONSULTAf~Tto perform services under~thisAgreernent_ The captions of tl~is Agreement are for informational purposes only, and shall not in any way affect the suk~stantive terms ar conditions of this Agreement. IN vltITNESS l-~EREC~F, tl1e C1ty of DP,ntol1, Texas has ca~~sed Phis Agreement to be executed by its duly authorised City Itllanager, or designee and ~0~lSULTANT has execrated this Agreenlenf through its duly authorized undersigned officer on this the 5 day of March 2002.. CITE OF QENTOI~. TEXAS CON ~1~ T: UUITN SS ~ r r~ f FFf.~~.+++----- ~ f~ f API~I~OVE ~0 ~ ~f. ' LEGAL. 1 1 ti...~ ~XHI~ITA I. S~~~E SER~'IC ES Innovative Transportation Solutions, Inc., hereinafter called "C~I~SULTANT," gill specifically conduct the follavrring services far The ~vvNER, hereinafter called "~vv N E R" ~'AS K ~ : 11~eet with Cif staff ana~ ~'aunerl fia establish Priorit P~•a °ects. ~C~~ISIJI.TAlUT will conduct initial investigation ~~nd analysis of all ~}rojc~cts. CONSULTANT proposes to work closely witl~~ City st~:~ft ~~nd each individua Council rnernher to: ~ac:tively ide~~tify ~~eeded transportation improvements, analyze the viability and necessity of each project, determine the crifiral path for developing e~cl~ projer.,t, as well as manage end monitor the l:~rogress t~f ~Ircinsportation proj~;c,ts identified by the OWNER, Furthermore, ~~N'~~'f.~'~~'Twr'~l attend r~~eetings with and on behalf ~ Council members, staff, and other City officials in addition to "grass roc7ts" citizens in order Ca facilitate trar~sport~~tior~ sol~~tions. TASK 2. Cor~~uet In-de th Research to Ider~ti!' ~ae1~ Pro'ectls ~r~rrent Status, ~G~1vSU~. TAINT wit! co~~d«ct al! research necessary with rc~speGt to lac~~l, region~yl, and state advf~nccd planning programs, such as ~7~horo~aghfare Plans, Transportation Improvement Program, Unified Transportation Program, Conformity, Mobility 2025 Update and all succeeding programs. C~~ISUL T,41V~ wil! analyze projects in order fo promote tl~e cornpfetiol~ of thy; development, funding G~nd construrtic~n of ~,~ll icier~tifie:d projec~(s ire a~~ expedited ~~anner. CONSUL, TA~'~" will investigate and revievu plans proposed by TxD~T, NTTA, North Central Texas Council of Governments {NCTCOG), counties, rind local cities to ensure compatibility with existing and future thoroughf~~re plans o~f tl~e Ov1INER. TASK ~e Provide the Owl~~'R a Written arad ~/erba! 5tat~s Surnrxrar of ~a~h Prat ~~I~ISUI. TA:~T will provide written and vc~rb[~I updafos all phases of projects. Nfonthly meetings gill be held with staff members and other agencies. Semi-annual meefingslworkshops will be held with Co~.sncil i~ioi~~~~ers fo keep all parkies infor~~ed of tl~e status of on~goinq prc7.je~ls and to icfentify Council me+~nl~crs' concerns {~~~d s~~gge;stiot~s. TASK 4: fo~enfif Critical Paths far ~aeh Pra°ecg Qased U on ifs I~dvanGe~ Plannin Status and Initiate the C~itieal Path ~o~~ ~a~h Pr°o ~ect° C~fVSUL~"ANr will develop a critical time line for eacl~~ project and identify the steps necessary to bring each project to completion. Time lines wilt be based upon the background investigation performed for each project. Project stra~[egies will include actions to be cc~nductod in the ~ac~vanced pl~~n~~~ing stages of the project is~ order tc er~s~rrc tl~~e co~~pletion of alignment and feasibility studiesT environmental clearance, and preliminary design. Additional strategies for expediting projects include ~~c;tior7s necessary fc~r completion of right-of-~vay docr.~r~~ents, initiation of 1. right-of way acquisition aid utility cPearance, as well as deveJop~Y~en( of plans, specifications and estimates (PS~E}. Projects wilt be monitored to ensure That right-~of-way acquisition, utility relocation, and PSB~E are completed in time to meet the pre}.jetted ~;anstrucfiion start date and schedule. GONSU~.TAN~' ~riii serve as tl~e project man~~c~er for tl~~e ~wNER's select projects to ensure that estal~lishet~ go~:~ls ~~nd c.~eadfi~~es c.~r~ mot. To accomplish this, CONSf~~.TANT' ~ii~ assomble project-specific teams to complete ail aspects of critical nth in a timely and cost effective manner, Gr'rtical path items i~~cPude, but are not lin~titt~ct t~ the followtl~7c~: Vl~er~k with ~'xi~~1~ oa, ~~~~Syste►~ ,~~~o~ec~s a. conduct Program Assessmenfis (PA`s} b. Receive Control-Section-Job (GSA} nurnl~~;rs c. F'rogra~r~~~ning Autl~ori~ty d. Advanced Planning Authorization ~'r~sur~e the ~Deve~opra~e~a~ of ~4dva~aced ~'iar~d~iP~g a. Assist in selection ofo~~tso~frce firms} l~. Pursue Environn~e~~taP cleara~~~ce c. Participate in development of Gontrollod Sche►~atic d. Track project through all review and approval processes e. O~.~tline rnethod5 to preservE► corridors anc~ ric~l-~t of w~~y f, Assist with Public Jr~vo~verncr~t develop F~~r~drr~~g A1~er~a~ives a. Partnerships h. E~ond Proc~ra~ns c. MPC~/TIP programs d. Tx~QTIUTP progra►~s e. Federal F~.inding f. Innovative Finar~t~ing g. State Infrastrucll.crc~ f3~r7lt lrnpler~e~~ 1~esigl1 a. Participating in review o~f"final designs b. Coordinating project ti~ni«c~ anr.! schec~lc~linc~ c. Ensuring adherence to wont 5chedulcs ~ao~ager~ent a. Assist in selection of oc~t-source firi~~s fc)r all phases of project. b. oversight ofcontractual ob~igatians of aft Out-souc~ced firms c. Review and approval of invoices from out-source firrr~s d. Ensure adherence to project scl~edulc TA~~ a: C~NStJ~.T'ANT v~ill ~Researcl~ a«d Ir~v~s~ig,Fu drr~q ~~~er~ur~i~iese witf~ a shortage of federal and state dollars for transportation projects, it wilt be critical far C(JNSUf.T~NT to continually seek ~'creafivEa financing" ©pportUnltlE;S In Order t0 ri'le~t the 11~alls~)ortatlpl~l IlE'(?~~S Uf ~lllE: C}~1~~~. ~~NS~ILTANT' ~ril1 research and investigate tl~~e possibility of obtaini~~~g funding for each Project under tl~e Transportation Equity Act far the ~1`' Cent~iry TEA 21}. ~QIVStJ;~.T~q,I~T Dili afro fc~ct~s ol~ tJ~c~ ~,c~ntir~~ued dev~;lopl7~ent of pr~rtnersl~ips with TxI~GT Dall~~s C~is~tric:,t. Leca1 bead pragrar~s will be sought ~to identify financing opportunities. Prrt~afefpr~~lic partnerships will be pursued. l"unding opportunities using tl~e Safe lnfrastra~tt~re ~ar~lC ~Sl~~, Tx,~C~T's L~n~fied Trar~~~artaliar7 Pragrar7x, and khe Transp~rtaliaP~ I~r~,proven~en~ ~ro~ra~a~ will be researched and implen"tented when appropriate. In addition, applications for random galls t'or,pro~e~ts" as identified by the North Central Texas council of Governrner~ts will be sulJmi~ktcd. T~~~C G~ Cal'~SIILTAI~T'will IVe ®IiafeA rre~c~~enls with TxD~T. ~lllhen appropriate, G~NS~LTAIUT v~ill negotiate t_oca( Advar7ced Funding Agreements (LPAFAs} with TxC~~T for each proje~;t. Tl~e ~.PAFA outlines the responsible parties for advanced plai~r~ii~g, rigl~it-of~way ac:quisitian, design, and f~rnding of specific projects. T,A~~ 7: ~'0~'SCILTA~IVT will Act as a Liaisa~a be~~reea Q~IV~I~ and oll~er Local Sale and Federal Tr~r7s orla~ion .~oclies. ~~>V~ULT~I~IT will act as liaison between Tl~e ~wC~ER and other local, state and national transportation groups. As liaison, ~~1~'~~L TART wi~I act as the transportation advocate for The ~11VNER by worl<if~~g positively anct efficien~lly with other traraspc)rtation ctroups ~tow~~~rd cornp{cCion of projects critical to The OWNER. C~I~~ULT~~1T will interact, on behalf of The QwNCR, with the Federal Highway Administration, t(~e Texas Tr•a~~sporta#ion Cor~f~ission and Texas Deparfi~er~~t rat Transportafic:~r~ and khe North Texas Tc~((way Authority ~NTTA}. ~3ddition, ~~I~~CII. TaI~T will act as liaisan between Tf~e OUVNER and other groups such as t(~e Regional Transportation Council of t(~e North Ce~~tral Texas Council of C~overnme~~ts. Precinct 1 Task Force, Precinct ~ Trask Fc7rce, ~aNas Regional Mobility Coalition, the Dallas Area Rapid Transit, The T, C~enlon County Transportation Aut(~arify, I~orfh Texas Commission, and the Partners in Mobility TA~~ ~DI~~U'L~'AI~IT will Provrole r~~l~er Trams or-iafion ~`onse~f~in Scr~vi~c~s as f3irecfed b the ~wJ~~'F~. As a part of this Enhancement Proposal, G`~~15ULT~i~T v~ifl actively pursue all transporfa~ior~ related iss~acs as ider~~fifer~ by the OWN1=,R. ~'~3fU~tILTAIiIT wr'CI cor~tir~ue diaingue wikh t~I~e C~wl\iER to ascertain t(~~e relative priority of each project to other prolec~ts and attend council meetings, as directed, to provide updates on alb transportafiion activities. TASl~ 9; ~OlVS~I.TANT ~IVill Implement ~osl f~educ~ian ~~ra~e_~ies. ~~~i r~ma~eraawr. ~ ++rerr.rn ~ ear ~i ir.srrwirr ~ CONSULTANT has an unparalleled history of identifying cost reductions for its clients. For tf~e QwI~ER, the following is a link of possible cast reduction stra~tec~ies: 1. Leveraging finding ~ Transportation Infrastructure fending is almost always a l~artnersl~ip process. ~~IVS~L T~I~T ~rili striae to iY~~~xin~ize the OWNF(~'s tra~~spo{~~atior~ clol{~:rrs ~iy '`Ieverr~gir~c~" those funds with eligible funding Sources. In ~77any cases, C(~~lS~1LT~#l~T wild be able to leverage funds to capture "non- city" sources that will increase funding tc~ the project by 3()OQ/a to 5t}~%. 3 2, Ge~~fif~ca~r'a~ ~ C;ertific~ation refers to the process a municipality follows to receive authorization by T~D~T to retasn services an behalf of the State. ~erlification allov~s the Q~INER to be reimbursed by the federal govEr~~ment up to 90°/, Of expenc4it~ares for authorized services. has unique icnawfedge of the certification process and ~ril~ assist the C~UVNER ~n acctu~ring this certification, if directed, 1ra-}a~~se versr~s Q~#s~t~rrt~at~ ~ C~I~~U~.~'~4iVT ~v~fl provicJe reliminar eiesign services for select projects in order to identify ~ v the basic parameters of the project needs. Upon further pro~eet development, it is GQNSU~.TI~~1T' philosapE~~y tl~~at final design engineering can be cond~.~ctcd in a manner (hat is gore economically feasible if it is done by an engineering firm specializing in final designs. i~. C~~I~~N~~T~t~N ~ r~atior~ far rofessional services rendered r-nc~nthly by GC~NSUL~TANT, In cons3de ~ p .s to a C,C~NSI.l~.1~-ANT'S reasonai~le and customary annl~al fee C~WN~R agree p Y 00I~ 00 Q~LLARS of ENE l~UNDRED ANQ TWENTY TH~USANQ AND e "Annual Fee" er year, prQ-rued fQr the seven months 20,000} nth 7 ~ ~nin in the OWNER'S current fiscal year. The OWNER agrees to pay rerna~ g TEN THC~I.JSAND AND 0~1oU QC~~I.ARS U,o00.0~} the coNS~~TANr " I Pa r~en~' er month towards tl~e OUVNER'S ai~~~ual fee obligat~on_ Month y y } p P~ for alI ~NSI.~LTANT shall subrr~it to the Ov11NER a r~~onthly itei~Ezeci statem ~i t G i n I services rendered_ The ~vUNER agrees to re~~nit I~oc~~thfy Payment professa a . v~rith the rocecJures outlined in Article V of the executed In accordance p Professional Services Agreement. V. Ep~NSE~ SIJL~t-ANT shall not seek any rei~~nb~~rsc~~cent fro~-r~ the QWNEI~ far any The ~~I~ r ~ sonable and customa expenses incurred in connet,~tio~~ With the services . ea rY related to engager~ent_. V M ~ ~ A ■ y 1~N• / O N o Mme' ~ ^ _ k ~ ~ ~ ~ ~ M^ ~ R.r OH+ o-ect wilt be based ~~~~c~n the foliow~ng Standard The 5erv~ces rebated to this pr ~ lard Bi11in Rates are subject to change each calendar year. ~~lling Rates. Stan g Profess~onai ~and~~d l~iliin~ Rafe Princi al engineer _ __$150 PriJ1Gl al ~ ~ 25 Senior En inset $1 ~n ineering Associate I ~.1~0 9 En ineerin AsSaciafe it $9d $8D Technical ASsociafe . Staff Su art Exhibit 3 1 DRAFT MINUTES 2 City Council Mobility Committee 3 Tuesday, August 25, 2009 4 5 After determining that a quorum of the Mobility Committee of the Denton City Council was 6 present, the Chair of the Committee on the Mobility thereafter convened into a meeting on 7 Tuesday, August 25, 2009 at 2:17 p.m. in the City Council work session room, 215 E. McKinney 8 Street, Denton, Texas. 9 10 Present: Chair Pete Kamp and Mayor Mark Burroughs 11 12 Absent: Council Member Dalton Gregory, excused 13 14 Also Present: Mark Nelson, Transportation Director; Ann Forsythe, Boards and Committees 15 Coordinator; John Polster, ITS; and, Allen Clemson, Executive Director and 16 Kerrie Rogers, Governmental Affairs Officer for NTTA. 17 18 OPEN MEETING 19 20 5) Consider a recommendation for an ordinance of the City of Denton, Texas approving 21 change order seven for a professional service agreement between the City of Denton, 22 Texas and Innovative Transportation Solutions, Inc. dated March 5, 2002, extending said 23 agreement, and authorizing and ratifying the expenditure of funds for work to be 24 performed; authorizing the City Manager or his designee to execute the change order on 25 behalf of the City and expend funds authorized for the change order; and providing an 26 effective date. 27 28 Transportation Director Nelson stated that staff believes ITS represents the City well and that the 29 continued use of ITS will be integral to the development of future transportation infrastructure 3o for the City of Denton. Chair Kamp added that she supports staff's recommendation one 31 hundred percent and that she relies on John Polster all of the time. Chair Kamp stated that ITS 32 personnel are professional, knowledgeable and get things done in the region. Chair Kamp then 33 stated that Polster attends all meetings that have anything to do with transportation issues and, for 34 the record she absolutely recommends this change order and its execution to the City Council. 35 Mayor Mark Burroughs stated that there is also the sense that the Polster provides the City has 36 knowledge that it would not have otherwise and it is absolutely essential to have Polster's 37 perspective. 38 39 Director Nelson stated this item is scheduled for the October 6, 2009 City Council meeting. 40 41 Mayor Burroughs stated he wanted to clarify what action the City Council Committees should 42 actually take making a recommendation to the City Council and that is it important to understand 43 that when moving forward with an action there is generally an opportunity for input from both 44 citizens and other Council members. The Committees are not necessarily recommending 45 Exhibit 3 46 Draft Minutes of the City Council Mobility Committee 47 August 25, 2009 48 Page 2 of 2 49 50 51 approval but are indicating that that item was vetted through a Committee and is ready for 52 Council consideration. 53 54 Chair Kamp stated that it is the consensus of the Mobility Committee that this item is 55 ready to be presented to the City Council for consideration. 56 57 The meeting was adjourned by consensus at 3:40 p.m. I s:lo~r ~oe~mentslordina~ces1~91i~rn~vative tr~sp~rtati~n salulti~ns change order 7.doe ORDINANCE N~. AN ORDINANCE DF TAE CITY DF DENTQN APPRD~IN CHANCE ORDER SEEN AND AMENDMENT TD A PRDFESSIDNAL SERVICES AREEIVIENT BET~UEEN THE CITY" ~F DENTIN, TEA AND fN~N'AT~E TRANS~C~RTATI~N S~LUT~~N, INC. DATED MARCH , ~a~2~ ETENDIN SAID AGREEMENT, AND AUTH~RI~TNC~ AND RAT~FYIN THE E~ENDITURE DF FUNDS FDR T~ BE ~ERFDRMED; AUTH~RI~IN THE CITY MANA.ER DR HIS DESIGNEE TD EXECUTE THE CHANCE ORDER ~N BEHALF DF THE CITY AND EXPEND FUNDS AUTH~RI~ED BY THE CHANCE ORDER; AND ~R~~IDINC FCR AN EFFECTIVE DATE. WHEREAS, on March , ~a~~ the City entered into professional Services Agreement with 7nnavative Transportation Solutions, Inc. the "Consultant"} to provide transportation cansultat~on servl~eS the "Contract"~; and WHEREAS, on March 2., 2004 the City Council approved Change Order Cne; and WHEREAS, on October X04 the City Council approved Change Order Two; and WHEREAS, on October ~ S, 2aa~ the City Council approved Change order Three; and WHEREAS, on September 2G, ~~D the City Council approved Change Order Faur; and WHEREAS, an November 0~7 the City Council approved Change Order Five; and ~VHEREA, on ~epten~ber 23, ~aUS the City Council approved Change Crdex Six; and ~IEREA, Change Order seven to the Contract attached hereto and nude a part hexeof by reference as Exhibit "A" the "Change Order"~ is necessary to add additional tasks, to extend the Contract from October 1, ~a09 through Septen~her 3 X01 and to authorise and ratify the expenditure of funds; and WHEREAS, the City Council fia~ds that the Change Order and Amendment serves valid pubic and municipal purposes and is in the public interest; NO~V, THEREFORE, THE COUNCIL CF THE CITY CF DENTON HEREBY ORDAINS SECTION l . The findings set forth 1n the preamble of this ordinance are incorporated by reference into the body of this ordinance as if fu11y set forth herein. SECTION The Change Order and An~endrnent in substantially the form of the attached Change Order and An~end~nent zs approved extending the Contract from October l , ~~~9 through Septerr~ber 3~, X010. The City Manager, or his designee, is hereby authorl~ed to execute Change Order Seven on behalf of the City and to make the expenditure of funds provided for by Change Order seven in the amount of $1 a,~00 per month far a total of I2~,OOa.  i s:lour d~curn~nts~ordinancesl0~lin~tovati~ve #ranspa~tati~n solultions change order ~.dcc E~T~~N 3. Tie ~~ty tanager, or his designee, i~ authorized to e~erc~se a~ rigl~~s and du~~e of the ~1ty Benton under ~11~ ~on~ract. ET~Q~1 This ordinance sba~~ become effective imnlediate~y upon its passage and approvai. FAED AND APPROVED this the day o~ , ~ZD~~. MARS A. BURROU~, MAYD ATTEST: JEN~~~'E A,~TER, CITY SECRETARY BY: APPROVED A. TO SEAL FAR: ANITA. ~~RES, CITY ATT~I~NEY BY: -  i i i ~xHIBIT ~ H~ ~RD~R SEVEN AND AMENDiVIENT T~ PR~FEI~NAL E~VI~ A~REIV~~N~` F~~ 'T~ANSP~~T,A~~N ~NSULTANT SERVICES STATE OF TExAS ~ COUNTY OF DEI~TON ~ THIS CI~ANC~E ORD~~ SEV~~ ADD AEI~DMN~T to that certain contract made and entered into on the 5~~ day of March, 2002, hereinafter called "Contract" by and between the City of Denton, Texas, a Texas Municipal Corporation, with its principle office at 215 East Mcl~inney Street, Dentan, Denton County, ~'exs 7201, hereinafter called "Owner" and Innavati~re Transportation Salutians, Inc, with its corporate office located. at 2701 Valley View Lane, Farmers branch, Texas, laerein~er called "Consultant." wHEREASy the parties wish to extend the Contract through the September 30, X010 and n~al~e ~cert~n other changes rriare fully set forth herein; Ow, THEREFORE, w~TNESSETH, that in the consideration of the covenants agreement herein contained, the parties hereto da mutually agree as follows: SECTION 1. Article II "Scope of Services" and Exhibit A attached to the Contract are hereby amended by adding the Exhibit A attached to this Contract Change Order e~en~, SECTION 2. Article IV. "Period of Services" is hereby amended to extend the period of service from Dctaber 1, 2009 through September 30, 2010, SECT~O~ 3. Article V "Compensation" is hereby amended to pro~ride that the consultant will be paid an additional amount of $10,50 per month ar a total of $12~,a0a far the twelve rrronth period from Dctaber 1, Zaa9 through September 3 a, 2~ 10. SECTION 4. Sage and except a amended hereby, all the remaining clauses, sentences, paragraphs, sections and subsections of the Contract shall remain in full force and effect. IN wIT~SS HEREOF, the City of Dentony Texas has caused this Contract to be executed by its duly authorized City Manager, or designee and Consultant has executed this Contract through its duly authorized undersigned officer on this the ~ day of Zaa9.  I CITY ~F DEN~T~N, TEAS ESE ~ A~BELL CITY ~VIANArE ATTEST: JENNIFER ALTER, CITY ERETARY ~~i APPR~~ED A T~ LEGAL FARM: A~ITA B[JI~E, CITY ATTORNEY BY:  - _ _ - _ _ ____1 ~TT~~T wl~~ DIR.~TIVE ~AN~ IVU~ ~V~N T~ 'TIDE ~R~~EI~~.~L VIE AGREEMENT` wIT~ ~NNI~vATIV TR.ANPI~TATI~N ~LITTI~N, INS. This worl~ Directive change ~wD} nude this day of ~aa9, between the pity of Denton ~"pity"~ and innovative Tranportat~an Solutions, lnc. ~"consultant"} to the above referenced agreement the "antract"~ in the fallowing respects: I~~RET~ ~]~I~IPTY~N: Owner and ~~nsultant acl~nawlede the fallowing additions, deletions, or rev~s1on 1n the cape of work to be performed: • Facilitating the coordination between the i of Denton and the Teas Department of Transportation ~TxDOT} on the reconstruction of l- 5 from southern city limits to north of the pity just north afthe proposed Outer I1oop; ~ Assist in the coordination between the pity of Denton, TxDOT and the forth Central Teas council of governments on the alignment and development of the Interstate 3 5 orridar which is a part of the Innovative annectivity Program formerly mown as the Trans Teas corridor; • Facilitating the coordination between the pity of Denton and TxDOT an the development of the Outer hoop; • Facilitating the potential use of monies received from the ~ l ~ 1 Regional Toll Revenue Inltlatlve; • Facilitating the potential use of monies generated frarn the developrrient of other regional toll facilities such as H ~ G H 17a, H ~a and the southwest Parl~way through the Regional Tall Equity agreement established by the North Central Texas auncil of Governments, • Facilitating coordination between the City of Denton and Denton Jaunty concerning the bounty Band Program that has a maj ority of the funds dedicated to transportation; ~ PrQViding any needed staff assistance far the tty's oblllty ~ammlttee including attending monthly meetings; • Providing any needed staff assistance far the Ctty's SIP and Band Oversight committee; • Preparing grant and other funding applications; • Representing the pity of Denton with appropriate federal, state, regional and local agencies and meetings; • Other transportation planning, funding, and coordinating warp as required by the pity. Page I  i i i The continued use of ITS services 1s integral to the development of future transpartat~an far the City of Denton, and v~~l almost certainly result in an overall savings of tax dall~rs above and beyond the expenditure for then services, Total compensation far these services through September 3a7 a l a is $1 a,aa per month far a total not to exceed $1 ~~,Oaa~ City hereby directs the Consultant to proceed s fallov~~ The parties to the Contract formalize this DC as Change order Seven that changes the Scope of fork. rt extends the term of the Contract through epterrrber 0, ~a l a. 7n aii other respects, the Contract rerr~ains the same. CITY ~F DENTIN, TEA EIRE ~P~FILL City Manager Date ATTEST. ~ENI~IFF~. '~VALTEI~, CITY ECR~TARY 1Y: PP~~D FDR: ~IT~ ~UR~SS, CITY ATT~IEY BY: s ~~ATI~E T~ANP A T~~~, . BY; JOAN R. C~~STER Title. ~ Date : ~ ~ Page  i This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams 349-8487 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of a second Analog SMARTNET Simulcast System from Motorola, Inc., which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4404-Purchase of Motorola Two Site Simulcast System for Denton Municipal Electric in the amount of $2,615,550). BACKGROUND/FILE INFORMATION In early 2001, Denton Municipal Electric (DME) relocated the existing Motorola 800 MHz trunked radio system from the Spencer Power Plant tower to the top of McKenna Park on Thomas Street. This was done at the request of the Police Department to help improve radio coverage around the UNT campus. DME owned the tower at McKenna Park and it was determined that this location would provide the best overall area coverage for the citywide radio system. At that time, DME also upgraded the existing 15 year old radio system with new equipment (Motorola Single Site Radio System) which has now been in service since 2001. Due to the growth of the city of Denton resident base and the fact that housing developments now occupy many of the low lying areas in south and west Denton, it is necessary for additional improvements to the radio system along the Teasley corridor. Improving radio coverage requires the addition of a tower site and radio infrastructure. The additional tower site will be at a location on Teasley Lane in south Denton. A tower lease agreement will be submitted to Council for approval in the very near future. Once Motorola has installed the second radio site equipment, and has tied the new equipment to the existing McKenna Park radio site, the radio system will become a two site simulcast system that can be expanded as the city continues to grow. This present enhancement will allow for better overall radio coverage for our public safety, utility and public works radio users. Agenda Information Sheet October 6, 2009 Page 2 BACKGROUND/FILE INFORMATION The City's current SMARTNET radio system uses proprietary software that is available only through Motorola, Inc. Therefore, the expansion of the radio system to a two site simulcast system would need to be a sole source acquisition through Motorola, Inc. to ensure compatibility of equipment and software. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source do not have to be competitively bid. RECOMMENDATION Award the purchase of a second Analog SMARTNET Simulcast System from Motorola, Inc. in the amount of $2,615,550. PRINCIPAL PLACE OF BUSINESS Motorola, Inc. Carrollton, TX ESTIMATED SCHEDULE OF PROJECT The second tower site is scheduled to become operational by June 1, 2010. FISCAL INFORMATION This project will be funded from account 300017458.1355.30100. Requisition 95397 has been entered in the Purchasing software system. EXHIBITS Exhibit l :Communications System Agreement Exhibit 2: Pricing Summary Exhibit 3: Sole Source Letter Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent i Exhibit 1 ' Commur~lcations system Agreement f;~lo 1;} Motorola, lnc, ~"ll~ataraia"}, and Tl~e pity of Denton, Texas ~"~utorner"~ ~ente~ into this ;;Agreement", pursuant to which customer will purchase and 1lflotaroia will sell the ~~ystem, as described below. l~lotarola and ~utamer may be referred to individualiy as a "Party" and collectively as the "Pasties." Far goad and valuable consideration, the Parties agree as follows; section ~ ExWI~IT The exhibits listed below are incorporated into and made a part of this Agreemen#. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement #a.kes precedence aver the exhibits and any inconsistency between °Exhibi#s A through ~ will be r~ealved in their lis#ed rider. Exhibit A Nlatarala "vftware License Agreement" Exhibit B "Payment schedule" Exhibit "Technical and lmplemer~tatian Dacur~ents" "system pecriptian"dated October , ~Og~ ;`Equipment t..ist"dated October.~~ , X008 ~-3 "tater~nent of Ulfark"dated October ~ 20th "Acceptance Test Plan" or "ATP" -Exhibit ~ "yterr~ Acceptance certificate" ectlon ~ DEFiNITlON capitalised terns used in this Agreement have the following meanings: _ . ~ ~ . "Acceptance Tests" means those tests described in the Acceptance TestPlan. "Beneficial Use" means when customer first uses the system cr a 'subsystem far operational ~ purposes excluding training or testing}. ~ ;`confidential Information" n7ean any information that is disclosed in written, graphic, verbal, ar ~rr~achine-recognizable farm, and is narked, designated, or identified at the time of disclosure as being . confidential ar its equivalent; ar if the information is in verbal farm, it 'rs identified as confidential a# the tirrMe of disclosure and is confirmed in writing within thirty ~~o} days of the di~losure. confidential information does not include any information that, is ar becomes publicly known through no wrongful act of 'tf~e .receiving Party; is already I~nawn to the receivingParty without restriction when it is disclosed; i ar becomes, rightfully and without breach of this Agreement, in the ret~eiving Party's ssessia~n without any obligation restricting disclosure; is independently developed by the .receiving Party without breach of this :Agreement; ar is explicitly approved for release by written authorization of the disclosing Pa~rky. a~ ~:4. Oantract Price means the price far the system, excluding applicable sales orsimilar taxes and fright charges. .~.5. "Effe~~ive Date" means that date upon which the last Party executes this Agreement. I~, iiE ui rnent" Wean q p s the equipment that Oustamer p~,rchases Pram Motorola ~rnder this Agreemen#. Equiptrrent that is part of the yster~, is described in the Equipment List. "Farce Majeure" Weans an event, circumstance, or act of a third party that i beyond a Party's reasonable control {e.g., an act of hod, an act of the public enemy, an act of a government entity, strikes ~or other labor disturbances, hurricanes, earthquakes, fires, floodsr epidemics, err~barg~, war, and riots}. ~,8. "Infringement Olaimr' means a third party claim alleging that theEquipment man~factared by . I~otarola ar the l~latorola software infringes. upon the third party's United #ates patent or copyright. ~A.hfaE.~INAI„~~.1.~~.05.r~visio~.doc ~ Motarofa contract fVo. I  s i "Motorola Software" means Software that Motorola or its affiliated company owns. ~ ijNon~Motorola Software" means Software that another party owns. ~ ~ . "openSource ~ofkware"~~also called "fr~eware" or "shareware"} means software that has its underlying source code freely available to evaluate, copy, and modify. . ~.~2. "Proprietary high#s" means the patents, patent applications, ir~ven#ions, copyrights, Madesecrets, trademarks, trade names, mask works, know-how, and other rnteliectual property rights in and to the equipment and Software, including those created or produced by Motorola under this Agreement and any corrections, bug fixes, enhancements, updates or modifications to or derivative vuork from the ottware whether made by IlJlotorola or another party ~ 3. "Software" rr~eans the Motorola ~~Software and Non-ll~otorola Software in object code format that i furnished wi#h the System or Equipment. ~.~4. - "Specifications" mans the functionality and performance requirements tha# are described in the Technical and Implementation Documents. ~ "Subsystem" means a major part of the System that performs specific functions or operations. Subsystems are described in the Technical and Impier~entation Documen#s, ~ ;`sys#em" means the ~Equipm~ent, ~ Software, and incidental hardware .and materials that are combined together into an in#egrated system; the System is more fully described in the Technical and Implementation Documents. ~ "System Acceptance" means the Acceptance bests have been successfully completed. x.18. "Ilvarranty Period" means one }year from the date of System Acceptance or Beneficial Use, ~ whichever occurs first, I ~ect~on 3 SCOPE OF ~R~EEME~VT A~fD TE ~.1. SCOPE ~F Uv~ll~C. Motorola will provide, install and test the System, and p~er~orm its other contractual responsibilities, alI in accordance with this Agreement. Customer vuill ~eriorm its contractual responsibilities in accordance with this Agreement. ~ ~F~. CRANE ORDERS, Either .Party may request than es within. the eneral co of this g g pe Agreement. If a requested change causes an increase or decrease in the cost or time required to perform this Agreemen#, the Parties will agree to an equitable adjustment of the Contrac# Price, Performance Schedule, or both, and will reflect the adjustment in a change order, Neither Party is obligated to perform requested changes unless both Parties execute a written change order, TERM. Unless terminated in accordance with other provisions of this Agreement or extended by ~ mutual agreement of the Parties, the term of~this Agreement be ins on the effective Date and continues until the date of Final Pralect Acceptance or e~cpiratian of the varranty Period, whichever occurs last. i 3.~. ADDITIONAL EQUIPMENT ~R CFTwARE. Far three ~3} years after the Effective Date, Customer may order additional Equipment or Software if it is then available. Each order mus# refer to this . ~ ~ Agreement and must specify the pricing and delive terms, Notwithandin an additional or con#ra rY g y rY terms in the order, the applicable provisions of this Agreement ~exept far pricing, delivery, passage of title and risk of lass to Equipment, warranty commencement, and a meat terms will Quern the PY } g purchase and sale of the additional Equipment or Software. Title and risk of lass to additional Equiprner~t . will pass a# shipment, warranty will commence upon delivery, and payment is due within twenty ~2~}days afker the invoice date. Iotarola will send Customer an invoice as the additional equipment i shipped or r CsA.NoES.FlNAL.~t.1. ~ 0.05.reviion.~oc ~ ~ Motor~l~ Contract No. r Y  i } . ~w 1 Software is licensed. Alternatively, Customer may register with and place orders through ll~otorola online ~"IUIOL"}, and this Agreement will be the "Underlying Agreement" far those 11~~L transactions rather than the MCL ~n-Line Terrns and Conditions of Safe. IvI~L registration and other information may be found at htt :llwww,n~atorola.comlbusif~esand, cvernmentl and the MDL telephone number is ~801~} $~4-(~1. 3.~. AI~Q1~E vI~ARRANTY ~RVIE. During the vl~arranty Period far.the Equipment, in addition to warranty services, Motorola will provide maintenance services for the equipment and support far the IUlotarola Software pursuant to the terms of this Agreement, including the Above vl~arranty Services Statement of v~lork and Service Terms and Conditions. Such services and support are included in the antract Price. If utamer wishes to purchase additional maintenance and support services for the Equipr~ent during the 1arranty Period, or any maintenance and support services for the;~quipment after the varranty Period, the description of and pricing for such services will be set forth in a separate document. If ~ustomer wishes to purchase extended support for the Motorola Sof~rare after the l~llarranty Period, it may da so by ordering software subscription services. l~nless ofherwise agreed by the Parties in writing, the terms and conditiar~s ~ applicable to such r~aintenance, support or software subscription services will be Motorola's standard errrice Terms and Conditions, together with the appropriate statements of work. 3.fi: MCTORD~A SCI=TwARE. Any Motorola Software, including subsequent releases, is licensed to Customer solely in accordance with the Software ~t.icene Agreement. customer hereby accepts and agrees to abide by all of the terms and restrtions of the Software License Agreement. ~3.~. IVCN-IVI~T~R~LA ~PTVI~A~E. Any l~on~Motorola Software is licensed to Customer in accordance with the standard license, terms, .and restrictions of the copyright owner on the EffectiveDate .unless the copyright owner has granted to Motorola the right tosublicense the ~IVon-Motorola Oftware ,pursuant to the Software License Agreement, in which cage it applies and the copyright owner will have all of Licenar's rights and protections under theSoftware .License Agreement. Motorola makes no representations yr warranties of any kind regarding hlon~Motorola software. lVonWMotorola Software may include Dpen SQUrce Software. All open Source Software i licensed to Customer in accordarce with, and customer agrees to abide by, the provisions of the standard license of the copyright owner and not the Software License Agreement, Upon request by~Customer, MatQrola will use commercially reasonable efforts to determine whether any open Source Software will be provided under this Agreement; and if ~sa, identify the DpenSource Software and provide to Customer a Dopy of the applicable standard license for specify where that license may lie found}; and provide to Customer a copy of the open Source Software source code if it is publicly available without charge ~althaugh a distribution fee ar a charge for ~relat-e~ services may be applicable}. ~.8. SUSSTITUTIDl~S. At no additional cost to Customer, Motorola may substitute any Equipment, Software, ar services to be provided by MQtorala, if the substitbte mee#s or exceeds the Specifiicatians and is of equivalent or better quality to the Customer. Any substitution will be reflected in a change order, Section 4 PERF'~RIVI~INCE SFiEDULE _ The Parties will rforr~ their res five res or~sibilitie~s in pe pec p accordance with the P~er#ormance Schedule. lay executing this Agreement, ~ustamer authorises I~otorQ~a to proceed with~car~t~act performance. • Section 5 C~IVTRAT PRl~, P~r'YI~IENT AND 1NIIOIIN .1. ~IVTI~ACT PRICE. The antract Price in U.S. dollars is 2,fi~~,~50.00. If applicable, a pacing s~rmmary i Included with the Payment , Schedule. ~ Motorola has priced the service, software, and Equipment as an integrated system. A reduction in ~ the Software or Equipment quantities, or services, may affect the overall Contract Price, including discounts if applicable. IIVV~ICIhI ANI~ PAY~IIENT. Motorola- willsubmit invoices tc customer according ~ta the Payment Schedule. Except far a payment that i due on the Effective Date, Customer will make . payments to Motorola within twenty ~~0~ days after -the date of each invoice. Customer will ma~Ce CsA.NvE,FIhfAL.set,1.~~.05.~~vision.doc 3 I~o~orola Car~tra~t No. a 'r  } 'S f payrnen#~ when due in the forrr~ of a wire transfer, .chock, or cashier's check from a l.~.S. financial institution. overdue invoices will bear simple interest at the ma~cimum allowable rate. l=or r~efer~nce, the Federal Tax Identification Nur~ber for Motorola, Inc. is ~ ~ ~1~00. ~.3. FREIGHT, fiITLE, AND ~ISI~ ~F f~~S. Motorola will pre-pay and add all freight charges to the invoices. Title to the Equipment will pass to customer upon shipment. Title to Software will nct pass to customer at any time. Disk of lass will .pass to Dustomer upon delivery of the Equipment to the . Customer. Motorola will pack and ship all Equipment in accordance with gaol commercial practices. 5.4. INVDIINC AND HIPPIN ADDRESS. invoices will be sent to the Customer at the following address; TO BE aETERI~[NED fihe city which is the ultimate destination where the Equipment will be delivered t~u~stor~er is: TD BE DETERI~IIN~D The Equipment will be shipped to the Customer at the following address {insert if this information is _ known}: TO BE DETE~I~I~~D Customer may change this information by giving written notice to Motorola. Section ITE AND 1TE ~DND[TI~NS . .1. ACD~ES T~ SITES. In addition to itsresponsibilities described elsewhere in this Agreern~ent, customer will provide a designs#ed project manager, ~ a!I necessary construction and building perrni#, zoning variances, licenses, and any other approvals that are necessary to develop or use the sites; and access to the work ~~sites as reasonably requested by Motorola so that it may perform its duties in accordance with the Performance Schedule and Statement of 1Nark, if the statement of work sa indicates, Motorola may assist the Customer in the local building permit process, ~SIfiE ~NDITI~NS. ustorr~er will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable industry and OSHA standards. fio the extent applicable and unless the Statement of Ilvorlc states to the contrary, customer will ensure that these work sites have adequate: physical space; air conditioning and other environmental conditions; electrical power outlets, distribution and equipr~ent; ar~d telephone or other communication lines {including modem access and adequate .interfacing networking capabilities}, all for the installation, use and, main#enance of the System. before installing the Equipment or Software at a work site, Motorola will inspect the work site and advise Customer of any apparent deficiencies ar~ non-conformities with the requirements of this ~~ection. This Agreement is predicated upon normal soil conditions as-defined by the version of E.I.A. standard R~~~ in effect on the Effective Date. ~.3. SIT ~ 1SlJE. If a Party de#erm~nes that the sites ~dentaf~ed ~n the Technical and Implementation Docur~ents are na longer available or desired, or if subsurface, structural, adverse envirann~ental or latent conitions at any site differ from those indicated. in the Technical and lm~lementativn Documents, the Parties will prorr~ptly investigate the conditions .and will select replacement sites or adjust the installation plans and specifications as necessary. If~ change in sites ar adjustment to the installation plans and specifications causes a change in the cost ar time to perform, the Parties will equitably amend the Contract Price, Performance Schedule, or bath, by a change order. Section 7 TRAINING I i Any training to be provided by Motorola to Customer will be described in the statement of Vvork. Customer will no#ify Motorola immediately if a da#e change far a scheduled training prograr~ i required. If Motorola incurs additional costs because C~rtomer reschedules a training progfan~ Less than thirty {3~} days before its scheduled start date, Motorola may recover these additional costs. a cA.Na~~.FINAL.~at.1.~0,~~.revision.do~ 4 Mat~rola contract Na, {  s Section S SYTEi~ ACCEPTANCE 5.~. CDMI~iENCEMENT ~F ACCEPTANCE TESTiN. Motorola will provide to Customer at least ten ~'I~~ days notice before the Acceptance Tests carnmence. yte~n testing will occur only in accardar~ce with the Acceptance Test Plan, 8.~, SYSTEM ACCEPTANCE. System Acceptance Dili occur upon successful completion of the . Acceptance Tests. Upon System Acceptance, the Parties will merr~oriali~e this event by promptly executing a System Acceptance Certificate. If the Acceptance Test Plan includes separate tests for individual Subsystems or phases of the System, acceptance of the individual Subsystem or phase will occur upon the successful completion of the Acceptance Tests for the Subsystem or phase, and the Parties will promptly execute an acceptance certificate far the Subsystem ar phase. If Customer believes the System has failed the completed Acceptance Tests, Custor~er will provide to Motorola a written notice that includes the specific details of the failure, if Customer does not provide to Motorola a failure notice within thirty X30} days after corr~pletion of the Acceptance Tests, System Acceptance will be deemed to have occurred as of the corr~pletion of the Acceptance Tests. Minor orr~issions or ~rariances in the System that da not materially impair the operation of the System as a whale gill not postpone System Acceptance or Subsystem acceptance, but will be corrected according to a mutually agreed schedule. r 8.3. BEI~IEFIIAL USE. ~ustor~er acknowledges that Motorola's ability to perform its implementation and testing responsibilities may be impeded if Customer begins using the System before System Acceptance, Therefore, Customer will not commence Beneficial Use before System Acceptance without Motorola's prior written authari~ation, which will not be unreasonably withhefd. Motorola i not responsible for System performance deficiencies that occur during unauthari~ed Beneficial Use. Upon commencement of Beneficial Usef Customer assumes responsibility far the use and operation of the System. 8.4 FINAL. P~OJ~T ACCEPTANCE. Final Project Acceptance will occur after System Acceptance when all deliverables and other work have been completed. v~hen Final Project Acceptance occurs, the parties will promptly rr~emoriali~e this final event by so indicating an the System Acceptance Certificate, Section 9 ~EP~ESENTAT~~N AND wARRANT~E 9.~. SYSTEM FUNCTION L A ITY, Motorola represents that the System will perform ~n accordance ~ with the Specifications in alI material respects. Upon System Acceptance ar Beneficial Use, whichever occurs first, this System functionality representation ~ i fulfilled. Motorola is not responsible for System performance deficiencies that are caused by ancillary equipment not furnished by Motorola v~rhich is l attached to or used in connection with the System or for reasons or parties beyond Motorola's~ontrol, such as natural causes; the construction of a building that adversely affects the microwave path reliability or radio frequency {RF} coverage; the addition of~frequenc~es at system sites that cause RF interference or intermodulation; or Customer changes to load usage or configuration outside the Specifications. 9~~. EC~UIPMENT UIIARRANTY. During the varranty Period, Motorola warrants that the~~quipment Y . under normal use and service will be free from material defects in materials and workmanship. If System Acceptance is delayed beyond six months after shipment of the Equipment by events or causes vuithin customer's control, this warranty expires eighteen ~~8}months after the shipment of the Equipment. r ~3. ~I~TQ~DLA SCFTVUAPE vVARRANTY. ~ Unless otherwise stated in the Software License Agreements during the varranty Period, Mctorol~ warrants the Motorola Software ~n accordance with the terms of the Software License Agreement and the provisions of this Section that are applicable to the Motorola Software. if System Acceptance is delayed beyond six {G} months alter shipment of the .Motorola Software by events or ,causes within Customer's control, this warranty expires eighteen (18} months after the shipment of the Motorola Softvuare. 9.4, E~C~.USICNS T~ EC~~lIPMENT AND M~T~RLA SCFTV~Af~E vVAPRANTIES. These warrantEes do not apply to: ~i} defects or damage resulting from: use of the equipment or Motorola . ~5~.~~~S.~I~IALet.~.~~,~~,r~vision.doc ~ f MOt~rola ~iQntract NQ. r C z Y  f . w - software ire other than its normal, customary, and authorized manner; accident, liquids, neglect, ar acts of God; testing, maintenance, disassembly, repair, installation, al#eration, modification, ar adjustment not provided or authorized in writing by Motorola; Customer's failure to comply with ell applicable industry and OSHA ~standardsr iii} breakage of or damage to antennas unless caused directly by defects in material or worlcrr~anshEp; {iii Equipment that has had the serial number removed or rude illegible; {iv} batteries {because they carr}r their own separate limited warranty} or cansumables; {v} freight costs to ship Equipment to the repair depot; {vi} scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment; and {vii} normal or customary wear anal tear 9.b. vVARRANTI~ CLAIMS. To assert a warranty claim, customer must notify Motorola in writing of the claim before the expiration of the v~arrant~r Period. Upon receipt of this notice, Motorola will investigate the ~rarranty claim. if this investigation confirms a valid warranty claim, Motarola will ~{at its - option and at no additional charge to Customer}repair the defective Equipment or Motorola of#war~e, replace it with the same or equivalent product, or refund~the price of the defective Equipment or Motarola Software. That action will be the full extent of Motorola's liability- for the warranty claim. If this investigation indicates the warranty claim is not valid, then Motorola may invoice customer for responding to the claim on a time and materials basis using Motorola's then current lobar rates. Repaired or replaced product is warranted l'or the balance of the original applicable warranty period. All replaced praduot ar parts will become the property of Motorola. . 9.~. ~RlIIVAL END USER IS -C~V~RE~. These express. limited warranties are extended by Motorola to the original user purchasing theSystem for commercial, industrial, of governmental use only, and are not assignable or transferable. . 9.~. DI~SCLAIM~R ~F ~TH~ER vVARRANTI~S. THEE 1ARRANTI~S Af~~ THE ~~C~MPLETE vI~ARRANTIES FAR THE EC~UIPMENT AND M~T~R~LA ~FT1lvARE PROVIDED UNDER THIS AR~EMENT AND ARE 111EN IN LIEU DF~ ALL OTI~~R V1~ARRANTIfS. M~T~R~LA DI~~LAIMS ALL OTHER v~ARRANTIES OR C~NDITI~NS, EMPRESS DR IMP~,I~D, INCLUDING THE IMPLI~E~D - I~UARRAI~TIE OF MERCHANTABILITY ANDFITNESS FAR A PARTIOULAR PURPOSE. Sec~ian ~a DELA~fS 9 D.1. FORCE MA.tEURE. Neither Party will be liable for its non-performance or delayed performance if caused by a Farce Majeure. A Party that becomes aware of a Force Majeure that will signi#icantly delay performance will notify the other Party promptly abut in~ no event later than fifteen days} after it discov~ . the Force Majeure. If a Farce Majeure occurs, ~ the Parties will execute a change order to extend the Performance Schedule for a time period that is reasonable under the circumstances. P~ERF~RMANCE SCHEDULE DELAYS CAUSED BY CUSTOMER. If Customer includin its ~ 9 other contractors} delays the Performance Schedule, it will make the promised payments according to the Payr~ent Schedule as if no delay occurred; and the Parties will execute a change order to extend the ~ Performance Schedule and, if requested, compensate Motorola for all reasonable charges incurred - because of the delay. Delay charges may include costs incurred by Motorola or its subcontractors for . additional freight, warehousing and handling of. Equipment; extension of the warranties; trav~e~; suspending and re-mobilizing the work; additional engineering, project management, and standby time ~ calculated at then current rates; and preparing and implementing an alternative implementation plan. f Secflan DISPUTES a 1 ~ ~ 1. SETTLEMENT PREFERRED. The Partiesf by their project managers, will att~ernpt to settle any dispute arising from this Agreement except for a claim relating to intellectual property or breach of confidentiality} through consultation and a spirit of mutual cooperation. The dispute will be escalated to z appropriate higher-level managers of the parties, if necessary. If cooperative effor#s fail, the dispute will . be rr~ediated by a mediator chosen jointly ~by the Porkies within thirty {30} days after notice by one of the parties demanding non-binding mediation. The Parties will not unreasonably vuithhold their consents ~to A.i~~~s,FINAL.set. ~ . ~ 0.~~.revisi~r~.doc 6 Motorola C~~tra~t No.  } L r i ~ the selection of a mediator wi II share the cost of the n~ed~at~on equally, may agree to postpone n~ed~at~on until they have completed some specified but limited discovery ~baut the dispute, and may replace mediation with some other form of non-binding alternative dispute resolution ~~tADR"}. ~ LITICATI~N. A Party may submit to a court ofcompetent jurisdiction En the state in which the system is installed any claim relating to intellectual property or a breach of confidentiality provisions and any dispute that cannot be resolved between the parties through negotiation or mediation within two ~2} months after the date of the initial demand for non-binding mediation.Each Party consents to jurisdiction aver it by that court. The use of ADR procedures-will not be considered under the doctrine of lathes, vuaiver, or estoppel to affect adversely the rights of either Party. Either Party may resort to the judicial proceedings described in this section before the expiration of the two-month ADR period if good faith efforts to r~salve the dispute under these procedures have been unsuccessful; or interim relief from the ~caurt is necessary to prevent serious and irreparable injury to the Parley. Section DEFAULT AhlD TERMINATi~N ~~~9 D~EFAtJLT BY A PARTY. if either Party fails to perform a material obligation under this Agreement, the other Party may consider the non-performing Party to be in default sunless a Force Majeure causes the failure} and n,ay assert a default claim by giving the non-performing Party a written and detailed notice of default. except for a default by Customer for failing to pay any amount when due under this Agreement which must be cured immediately, the defaulting Party will have thirty X30} days after receipt of the notice of default to ei#her cure the default ar, if the default is not curable within thirty {3D} days, provide a written cure plan, The defaulting Party vuill begin implementing the cure plan immediately after receipt of notice by the .other Party that it approves the plan. If Customer is the defaulting Party, Motorola may stop work on the project until it approves the Customer'.cure plan. 3 FAILURE T~ CURE. if a defaulting Party fails to cure the default as provided above in ~~ectian ~~.1, unless otherwise agreed in writing, the non-defaulting Porky may terminate an~r unfulfilled portion of this Agreement. In the event of termination for default, the defaulting Party will promptly return to the non- 'defaulting Party any of its Confidential Inforrr~ation. If Customer is the non-defaultin Part ,terminates ~ y this Agreement a permitted by this Section, and completes the Systerr~ through a third party, Customer may as its exclusive remedy recover tram Motorola reasonable~costs incurred to ornplete the System to a capability not exceeding that specified in this Agreement less the unpaid portion of the Contract Price. 3 Customer gill mitigate damages and provide Motorola with detailed invoices substantiating the charges. i Section INDEI~I~IFIDATION ~ } X3.1, ~EN~RAL INDEMNITY BY MOT~R~I`A. Motorola gill indemnify and hold Customer harmless from any and all liabilityr expense, judgment, suit, cause of action, ar demand for personal injury, death, . ar direct damage to tangible property which may accrue against Custa~ner to the extent it is caused by the negligence of I~Ilatorola, its subcontractors, or their employees or agents, while performing their duties i . under this Agreement, if Customer gives Motorola prompt, written notice of any the claim ar suit . ~Custor~er will cooperate with Motorola in its defense or settlement of the claim or suit. This section sets forth the full extent of Motorola's general indemnification of Customer from liabilities that are in any way related to Motorola's perforr~an~ce under this Agreement. ~ 3F~. GENERAL INDEMNITY BY CUSTOMER. Customer will indemnify and hold Motorola harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal in'u ,death, J rY or direct damage to tangible property which may accrue against Motorola tQ the extent it i caused by the e negligence of Customer, its other contractors, or their employees or agen#s, while performing their duties under this Agreement, if Motorola gives Customer prompt, written notice of any the claim or suit. i Motorola will cooperate with Customer in ~ its defense or settlement of the claim or suit. This section sets . ~ forth the full extent of Customeras general indemnification of Motorola from liabilities that are in any way I related to Customer's performance under this Agreement, k r X3.3. PATENT AND C~PYRII~T IN~RINEMENT. I SSA.NvE.FINAL.set.~.~0.~.~evisi~n.dac ~ Flo#o~~ia ~~n~~ac~ No. Y  3 s .~-.,,.~.,~-,~.,n„~.~, ~-~....-.,-~,~.-.~,,..n.,, { i 7 ~3.3.~. Niataraia will defend at its expense any suit brought against Gustamer to the extant it i based an an Infringement Claim, and Motorola gill indemnify Customer far those casts and damages finally awarded against Custarner far an Infringement Ciairn. I~otarala's duties to defend and indemnify are conditioned upar~: ~ustamer promptly notifying Motorola in writing of the Infringement Claim; I~ataraia having sale control of the defense of the suit and r ali negotiations for its settlement ar compromise; end . Customer providing to I~atarala cooperation and; if requested by Motorola, reasonable assistance in the defense of the infringement Ciaim. ~3.~.. If an infringement Clailr~ occurs, or in Motarala~"s opinion is likely to occur, IUlotorola may at its option andxpense procure for Customer the right to continue using the Equipment ar Nlotorala Software, replace or modify it so that it becomes nan~infringing while providing functionally equivalent perfarrnance, or grant Customer a credit far the ~quiprnent or ~ Motorola 'Software as depreciated and accept its return. The depreciation amount will be calculated based upon generally accepted accounting standards far such Equipment and l~atorala software. X3.3.3. ~iatarala will have no duty to defend ar indemnify far any Infringement Maim that is based upon the combination of the Equipment ar Motorola Software with any software, apparatus ar device not furnished by NJotarola; the use of ancillary ,equipment ar~~oftware not furnished by Niatorala and that is a#tached to ar used in connection with the Equipment or I~atarala Software; any Equipment that is not I~otorala's design ar formula; a modification of the Motaro~a Software by a party other than Motorola; ar the failure by Customer to install an enhancement: release to the I~otvrola Software that is intended to correct the claimed infringemen#. The forega~ing states. the entire liability of Motorola with respect to infringement of patents and copyrights by the Equipment, Iotarola Software, ar any of their parts. Section ~4 ~~M~TATION OF L~AB~L~TY Except far personal injury or death, Motorola's total liability, whether far breach of contract, warranty, negligence, strict liability in tart, indemnification, or .otherwise, wili be limited to the direct damages recaverabie under law, but not to exceed the price of the Equipment, Software, ar services with respect to which losses ar damages are claimed. ALTH~UH THE PARTIES AICNOwLEDE THE PASSIBILITY Cf SUCH LASSES Dl DAMAGES, THEY.AREE THAT I~I~TOROLA WILL NCT BE LIABLE FAR ANY C~MII~ERCIAL LOSS; INC~NVENIENE; L-BBB ~F U~r Tll~lE, BATA, ADD III~ILL, R~VENU~, ` PROI+ITS OR A111N0; CR OTHER SPECIAL, ~ INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGE'S IN ANY UVAY RELATED TO OR ARISING FROM THIS AREEIUIENT, THE SALE OR USE OF THE ~EQUIPI~ENT OR S~FTUVARE, OR THE PERFORMANCE OF SERIIIES BY MOTOROLA PURSUANT TO THIS AOREEIENT. This iimitation of liability provision survives the ~xpiratian ar termination of this Agreement and apples natw~thstanding any contrary provision. No action for contract breach ar otherwise relating to the transactions contemplated by this Agreement may be brought mare y than one ~~}year after the accrual of the cause of action, except far money due upon an open account. Section ~5 ONFIDEf~TIA~ITY AND PROPRIETARY RIHT 1 ~ . CONE IDENTIAL I Nf ORtI~ATI~N. During the term of this Agreement, the Parties may provide each other with Confidential Information. Each Party will: maintain the confidentiality of the other Party's Canfider~tial ~nforrnatian and not disclose it to any third party, except as authorized by the disclosing Party in writing ar as required by a court of competent ~urisdictian; restrict disclosure of Canfidentiai Infarmatian ~ to its employees who have a "need to lrnaw" and not~c4py or reproduce the Confidential Information; stake necessary and appropriate precautEOns to guard the confidentiality of Confidential Infarmatian, including informing its employees who handle the Confidential ~Inforrnation that it is confidential and is_ not to ~e disclosed to others, but these precautions will be at least thesame ~egr~ee of carp that the receiving Party . applies to its own confidential information and will na# be less than reasonable care; and use the r ~anfidential fr~formatian only in furtherance of the performance of this Agr~eernent. Confidential . lnfarmation is and shall at all times remain the property of the disclosing Party, and r~o grant of any proprietary rights in the Confidential Information is given or intended, including any express yr implied r f i 7 CAA.Nod.FINAL.~t.~.9~,0~.revlsion.do~ g Motorola contract No. f 1  F rvti'+-.~ rn~5'v/t/+-~.~,~....w.+N,r~~t,.~..~rw.....w+v~r i...+,..,...~.....M..m+~rn~!~..r l i license, other than the limited right of the recipient to use the Confidential information in the manner and to the extent permitted by this Agreement. ~ 5.~. Pi~ESf=R11ATi0N ~F il~i~T~I~~LA'S PR~PRIETAI~~' RIMTS. Motorola, the third party manufacturer of anyEquipment, and the copyright owner of any Non-l~llatorola Software awn ar~d retain all of their respective Proprietary lights in the Equipment and Software, and nothing ire t#~is Agreement is intended to restrict their Proprietary Rights, .All intellectual property developed, originated, or prepared by . Motorola in connection with providing to Customer the ~quiprnent, ~Sofkware, or related services remain _ vested exclusively in Motorola, and this Agreement does oat grant to Customer any shared development rights of inteileotual property. ~x~ept as explicitly provided in the Software t,icens Agreement, Motorola . does oat grant to Customer, either directly or by implication, estoppel, or otherwise, any right, title or interest ~n Motorola's Proprietary nights. Customer will not modify, disassemble, peel components, decan~pife, otherwise reverse engineer or attempt to~ ~ reverse engineer, derive source code ar create derivative works from, adapt, translate, merge with other software, reproduce, distribute, sublicense, sell or export the Software, or permit or encourage any third party to do so. The preceding sentence does not apply to open Source Software which is governed by the standard license of the copyright owner. Section ENEAE TA~~S., The Contract Brice does not include any excise, sales, lease, use, property, or other . taxes, assessments or duties, all of which gill be paid ~bY Customer except as exempt by law, if Motorola i required to pay any of these taxes, Motorola willsend an invoice to~~Customer and Customer will pay to fUlotoraia the amount of the tapes {including any interest and penalties} within twenty ~~0~ days after the .date of the invoice. Customer gill be solely responsible far rporting the Equipment for personal property tax purposes, and i~lotorola will be solely responsible for reporting taxes on its income or net worth, ~G.~. ASINABiLfTY ANA Uf3~lVTIA~TiN Neither Party may assign this Agreement without ,the prior written ~~ansent of the other Party, except that Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. Motorola may subcontract any of the work, but subcontracting will not .relieve Motorola of its duties under this Agreement. . X6.3 UvAIVEP. Failure or delay by either Party to exercise a right or power under this Agreement will oat be a waiver of the right or power. For a waiver. of a right ar power to be effective, it must be in a writing signed by the waiving Marty, An effective waiver of a right or power will not be construed as either a future ar continuing waiver of that same right or power, or the waiver of any other right ar power, ~.4. SEVEl~Af3iLITY. if a court of competent jurisdiction renders any part of this Agreement invalid or unenforceable, that part will be severed and the~remainder of this Agreement will continue in full force and effect. r, i ~~.5. 1NDEPEN~~ENT CDNT~ACTO Each Marty will perform its duties under this Agreement only a an inde endent contractor, The Parties and their ersonnel will not be considered to bee to -ees r p p rip y v . agents of the other Party. Nothing in this Agreement gill be interpreted as granting either party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or z be interpreted as a joint venture, partnership or formal business organi,~atian of any kind, ~G.~. HEA~INS AIVD SECTION f~EFE~ENC~ES. The section headings in this Agreement are inserted only for convenience and are not to be construed as art of this A r~ement or as a limitation of p g the scope of the particular section to which the heading refers. This Agreement will be fairly interpreted ~n accordance with its terms and conditions and oat for or against either Marty. X6.7. ~IIEf~NIN i~~v. This Agreement and the rights and duties of the Parties will be governed by and interpreted in accordance with the fawn of the State in which the System is installed. f ~.B~ ENTIRE A~PEEMENT. This Agreement, including ail Exhibits, constitutes the ,entire agreement . c t e Parties regarding the sub}ect matter of the Agreement and supersedes ail previous agreements, cA.No~.i=lNAl„~t.1,~ ~.~~,reviia~t.doc g MatoroCa contract i11o. ~ S-  c r. h 5 16.8. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to the subject matter. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement, even if a representative of each Party signs that document. 16.9. NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writing and either delivered personally or sent to the address shown below by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as Federal Express, UPS, or DHL), or by facsimile with correct answerback received, and will be effective upon receipt: Motorola, Inc. Customer Attn: Attn: fax: fax: 16.10. COMPLIANCE WITH APPLICADLE LAWS. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System. Customer will obtain and comply with all Federal Communications Commission ("FCC") licenses and authorizations required for the installation, operation and use of the System before the scheduled installation of the Equipment. Although Motorola might assist Customer in the preparation of its FCC license applications, neither Motorola nor any of its employees is an agent or representative of Customer in FCC or other matters. 16.11. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party. 16.12. SURVIVAL OF TERMS. The following provisions shall survive the expiration or termination of this Agreement for any reason: Section 3.6 (Motorola Software); Section 3.7 (Non-Motorola Software}; if any payment obligations exist, Sections 5.1 and 5.2 (Contract Price and Invoicing and Payment); Subsection 9.7 (Disclaimer of Implied warranties); Section 11 (Disputes); Section 14 (Limitation of Liability); and Section 15 (Confidentiality and Proprietary Rights}; and all of the General provisions in Section 16. The Parties hereby enter int this Agreement as of the Effective Date. ®orola, I c ust® er ~y: ~~~~A t:: ~y: Name: Name: Title: ~ s Title: Date: ~ Date: CSA.NoESS.FINAL.Set.1.~ 0.(~5.revision.doc 1 p Motorola Contract No. I I f ~xhi~~t A Software License Agreerne~# In this exhibit A, the term "L~censor" means Motorola, Inc., ~"Motorola"} or Printrk International, Incorporated, a Motorola company ~j`Printrak"}; ~"Licensee," means the usror~er; "Primary Agreement" means the agreement to which this exhibit is attached; and "Agreement" means this Fxhibit and the applECable terms and conditions captained in the Primary-Agreement. The Parties agree as follows: . Section 1 S~pP~ Licensor wild provide to Licensee proprietary sottwaref or radio ~comrnunications, computer, or other electronic produc#, or both ~ijProducts"} containing embedded or pre-loaded proprietary software. iioare'f ~eanS proprietary software in abject code format, and adaptations, translations, de- compilationsr d~sassernblies, emulations, or derivative works of the software} and nay contain ape or more items of software awned by a third porky supplier ~"Third Marty software"}. Product and Software documentation that spepifies technical and performance features and ~capabiiities, and the user, operation and training mapuals for the software including all physical ar electronic rr~edia upon which this information ~s provided} are collectively referred to as-"Documentation.rr This Agreement contains the . t~rrr~s and -conditions pursuant to which Llcenar will lnse to Licensee; and Licensee may use, the oftvuare and Documentation. Section ~ RANT ~F Ll~~l~SF subject tv Section 1, Licensor hereby grants to Licensee a personal, pan-transferable ~ex~cept as permitted in section ~ below}, limited, and non~exclt~sive license under Licensor's applicable proprietary . rights to use the~oftware and related Documentation for the purposes for which they were designed and ip accordance with the terns and conditiops of this Agreement. The license does not grant any rights to source Cade, - If the Software is or includes late ration Framework, customer Service Re asst "DSR" or ~i works g q ~ ~f tY software, that Software is licensed pursuant to this Agreement plus a separate document entitled "software License Agreement Rider for Integration Framework, customer `service Re asst ar Cit arks g x yw Sofkware which document i incorporated by this reference and is either attached to this Agreement or - will be provided upon Licensee's req~rest}. r Section ~ LlMkTT[ONS ~N USA Y l .1. Licensers may use the Software only for Licensee's internal business purposes and vn~y in accordance vuith the Documentation. Any other use of the Software is strictly prohibited. Licensee may .not for any reason modify, disassemble, peel components, decompile, otherwise reverse engineer or . attempt to averse engineer, derive source coder create derivative works from, adapt, translate, merge with other software, copy, reprod~rcet distribute, ar expork any Software or permit or encourage apy third ~ .party to ~ do so, except that Licensee may nuke one copy of Software provided ley Licensor to be used solely for archival, back-up, or disaster recovery purposes. Licensee must re roduce all ca ri ht and p PY g trademark notices on all copies of the Software and Documentarian. Licepsee rr~ay not copy onto or transfer Software installed in one Product device onto another device. Notwithstanding the preceding sentence, Licensee may temporarily transfer Software installed on one device onto another if the original device is inoperable or malturrctioning, if Licensee provides written notice tv Licensor of the temporary transfer and the temporary transfer i discontinued when the original device is returned to operation. tJpan Licensor's written request, Licensee must provide to Licensor a I written list of all Product devices in which the Software is ins#alled and being used by Licensee. . V r cA.N~E.FiNA~.et. ~ . ~ revis~on.d~~ Matoro~a Contract No. ~ I x  x 'r i N ! ii f1 3.3. ancerning Motorola Pad~o erv~ce software ~ if applicable, Licensee must purchase ~ Dopy far each lacataon at which Licensee uses R~. Licensee's use of R at an authorized location does not entitle Licensee to use ar access the R remotely. Licensee may make one additional copy for each computer owned or controlled by Licensee at each authorized location. l~pan Licenser's written request, Licensee must provide to Licensor a written list of all locations where Licensee uses ar intends to use PSG. S~c~ion ~ ~VVN~~HIP Air1D T[TL~ Title to all ~capies of Software will not pays to Licensee at any time and remains vested exclusively in the copyright owner. The copyright owner owns and retains all of its praprie~ary rights in any form concerning the software and []acumentation, including all rights in patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade. names, and other intellectual properties including any ~cvrrections, bug fixes, enhancements, updates, ar modifications to or derivative works from the Sof#ware whether Made, by Licensor or another party, ar any impraven~ents that result from licensee's processes cr, if applicablea providing information services}. IVathing in this Agreement is intended to restrict the proprietary rights of Licensor or to grant b implication ar estoppel any proprietary rights. All intellectual property developed, originated, ar prepared by Licensor in connection with providing to Licensee Software, Productst Docur~entation, or related services reenain vos~ted exclusively in Licensor, ar~d thEs Ageeen~ent does not grant.ta Licensee any shared developmef~t rights of intellectual property ect~o~ ~ ~IIII=ID~fVTIALITY t.icene acknowledges that the Software and f)acumentatfon-contain Licen~or'~ valuable proprietary and ~onfdential Ir~formatian and are licensor' trade secrefs, and that the provisions in the Agreement concerning anfldential Information apply. Sec#ion 6 I.IIIf11TED wAl~f~ANTY' . ~ ~ ~ . The cammencerr~ent date and the term of the Software warranty will be as stated in the Primary Agreement, exempt that the warranty Period far f'rintrak' liveScan software will be 9g days; and for .application Software that is provided on a per unit basis, the 1arranty Period for subsequent units . licensed is the remainder cif any} of the initial UVarranty Period or, if the initial warranty Period has expired, the remainder cif any} of the term of the applicable ~off~are I~laintenance and Support Agreement. ~5.~. luring the applicable vUarranty Period, Licensor warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreerner~t, will be free from a 3 reproducible defect that eliminates the functionality or uc~es~ful operation ~af a feature critical to the primary functionality or successful operation of the Software. vVhether a defect occurs will be determined 3 solely with reference to the f]ocurr~entatian. Licensor does not warrant that licensee's use of the a . software or Products will be uninterrupted or error-free or that the Software oe the Products will r~eet ~ Licensee's particular eeq~irements. lJl~arranty olaiens are described in the Primary Agreement. a { . ~ LICENSOR f)ISLAII~S ALL OTH~f vUARI~AI~Tf~`S [~~SP1~ES ~R Ill~ll'll~l) IIVLlJ~IN~ ~ ~ f THE ll~I1PLl~l~ UvAI~I~ANTf~ OF IUIEI~HAI~ITASILITY AIVf~ ~FIT~f~SS ~FOI~ A PARTIOULAI~ PURPOSE. TWA TRANSAOTION ~O11~f~f=D f3Y THIS A1~1=1.=1~II~lVT I A LI~~fVS~ AIVI] IV~T A SALIW i ~F O~I~S. Section 7 LIMITATIOIt! OF LfABfL~1TY The Limitation of Liability provision is described in the Primary Agreement. r r. I' SSA. NoL~sS.F~N~L,s~~. ~ ,1 ~.0~, revision.dac ~ ~lat~~o~a Cor~trac~ No. k Y  _ _ 1 3 i S~ctlOn ~ TRANSFERS Licensee will not transfer Software or the related Documentation to any third party without Licenser's prior written consent, which consent may be withheld in Licensee's reasonable discretion and which may be conditioned upon the transferee paying all appliaable. license fees and agreeing to be bound by this Agreement. Notwithstanding the preceding sentence, if Licensee transfers ownership of radii Products to a third party, Licensee may assign its rights ~to use the Software bother than Radio Service aftware and IUlotoroia's FLASI*fport~ oftware~ embedded in or furnished for use with those radio Products; if Licensee transfers ali -copies of the Software and the related ~ocurnentatian to the transferee, and the transferee executes a transfer farm to~ be provided by Licensor upon request which form obligates the transferee to be bound by this Ageeement}. Section ~ TERI~I AND TERI~iNATIQN . Licensee's right to use the Software and Documentation will begin when this Agreement is mutually executed by both parties and will continue during the life of the Products in which the software is used, unless Licensee breaches this Agreerent in which case it will be terminated immediately upon notice by . Licensor. Licensee acknowledges that Licensoe.has made a considerable ~nvestmnt of resources in the development, marketing, and distribution cf its proprietary ~Softwar~e and Documentation and that r~easanable and appropriate limitations on Licensee's use of the Software and documentation are necessary for Licensor to protect its investment; trade .secrets, and valuable intellectual property rights onoerning the Software and Documentation, Licensee also ackno~rledges that its breach of this Agreement will ee~sul# in irreparable harm to Licensar fer which monetary damages would be inadequate. In the event of a breach of this Agreement and in~additicn to termination of this Agreement, Licensor will be entitied to all available remedies at law ar in equity including immediate injunctive relief and repossession of all non~embedded Softwaee and associated Documentation unless Licensee is a Federal agency of the United statesGovernment}, within thirty ~3~} days after termination of this Agreement, Licensee must ~:ertify in writing to Licensor that all copies of the Software and Documentation have been returned to Licensor ar destroyed and arena longer in use by Licensee. I Section ~ D NOTICES l Notices are described in the Primary Agreement. Section 1~ UNITED STATES GDV~ERNI~ENT LiCEtVSING ~RO~IiIONS If Licensee is the United States Government or a ~ United States Government agency, then tf~is section also applies. Licenseers use, duplication or disclosure of the Software and Documentation under Licenser's copyrights or trade secret rights is subject to the restrictions set Earth in subparagraphs ~c}~~} and of the Commercial Computer Software-Restricted Righ# clause at FAR 9 ~JUN~E 1987}, if applicable, unless they are being provided to the Department of Defense. if the Software and Documentation are being provided to the Department of Defense, Licensee's use, duplication, or disclosure of Software and Docun~entatian i subject to the restricted rights set forth in subparagraph ~c}~1 }{ii} of the Rights in Technical Data and Computer Software clause at DFARS ~b~.~27-7013 ~OCT ~ X988}, if appliaable. The Software and Documentation may or may not include a Restricted Rights notice, or other notice referring to this Agreement. fihe provisions of this Agreement will continue to apply, but . only to the extent that they are consistent with the rights provided to the Licensee under the provisions of .the FAR or DFAf~ mentioned above, as applicable to the particular procuring agency and procurement transaction. Sec~ian 1 ~ GENERAL 3 3 1 ~ . COPYRIGHT NOTICES. The existence of a copyright notice an the Software will not be :.construed as an admission or presumption #hat public disclosure of the Software or any trade secrets associated with the Software has occurred. ~ l ~I~.~O~.F~~~L.~t.~ ~.~~J,~'~ViSf~l'I.d~c ~ ~Iotor~la Contract No. y z  r i 1~.~. ~IIl1PLIANCE UViTH LAUDS. Licensee will comply with all applicable Paws and reguiatior~s, including export laws andregulations of the United States. Licensee will not, without the prior authorisation of Licensor end the appropriate governmen#ai authority of the ~Jnited ~tatesr in any form export or reexport, sell or resell, ship or reship, or divert, through direct or indirect I~eal~s, any item or technical date or direct or indirect products sold or atherwise furnished to any person within ar~y territory. ' ~ for which the United States government, or any of its agencies, at the time of the notion, requires an export license or other governrnentai approval. 1liolation of this provision will be a material breach of this Agreement, permitting immediate termination by Licensor. X2.3. ~ :ASSINI~I~NT. Licensor may assign any of its rights or subcontract any of its obligations under this Agreemen#, or encumber or sell any of its rights in any Software, without prior notice to or consent of~ Licensee. 12,4. ~ll~N1N LAUV. This Agreement v~rill be goverl~ed by the laws of the United States to the extent that they apply and otherwise by the laws of the State to which the Software or Products are shipped if Licensee is a sovereign government~entity, or the laws of the State~of Illinois if Licensee is not a sovereign government entity. F i 1 i i n F 9 g$g 9 F d E it CA,I~o~.FINAL.e~.~.~~.~~.revisian.doc ~ 4 Mota~al~ Contt~ct N~. } S r  f. r i Exhibit B Payment Schedule 20% due upon contract award ~ 60°/fl due upon shipment of equipment 15% due upon installation of equipment 5%p due upon final acceptance CSA.NoESS.FINAL.Set.1.90.O5.revision.doc ~ Motorola Contract No.  s ~xhi~it `~~~hni~~~ and Implemen~tion D~c~rnent F I I I~ I 1 y ~I k r CSA. N~E.F~NAL.Set. ~ .1 Q.05.fevl~lQrl.~1~~ ~ I~o~orola ~~~tract No. . 4(,' L ' C n  4 j T Service Terms and Candl~lons Motorola, Inc. {"~Ilatorola"} and the customer named in this Agreer~ent ~"Custorne~''~ hereby agree as follows: ec~lon ~ APPLICABlLlTY These service Terms and Canditians apply to service contracts whereby Motorola will provide to Customer either ~1}maintenance, support andlor other services under a Motorola Service Areerr~nt, ar installation services under a Matarala Instal~atian Agreement. section ~ DEFINITIONS AND ~f~~~f~f'I~~TATl~N ~ . "Agreement" r~eans these Service Terms end Conditions; the cover page for the Serrrice Agreer~ent ar the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and conditions take precedence over any cover page, and the saver page takes precedence aver any attachments, unless the saver page or attachment states otherwise. "Equipment" means the equipment~that is specified in the attachments ar is subsequently added to this Agreement. ~,3, "Services" means those installation, ~maintenan, support, training, and other services described in this Agreement. Section ~ AC~P~ANOE Customer accepts theseService Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The tern of this Agreement begins an the "Stmt Date' ind~ated En this Agreement. eC~i0C14 OF ~>;~1~ID~s 4.~. Motorola gill provide the Services described in this Agreement or in a mare detailed statement of worts or other document attached to this Agreement. ~At Custorr~er's request, Matarala may also provide additional services at Motorola's theri,applicable rates far the services. 4.2. If Motorola is providing services far~~quipment, Motorola parts or parts of equal quality will be used; the l~quipment will serviced at levels set Earth in the manufacturer's product manuals; and routine service procedures That are prescribed by Motorola will be followed. 4.~, If Customer purchases from Motorola additional equipment that becomes park of the same system as the initial ~quiprnent, the additional equipment may be added to this Agreer~ent and will be billed at the applicable rates af#er the warranty for the additional equipme~rt expires. 4.4. All 1=quEpment must be in good vuatking order on the Start Date or when additional equipr~ent i added to the Agreer~ent. Upon reasonable request by Motorola, cstamer will provide a complete serial ' ..and model number list of the equipment. customer must promptly notify Matarala in writing when any lquipment is lost, damaged, stolen ar taken out of service. Custamerrs obligation tv pay Service fees far ~ . ~ such l=quipment will terminate at the end of the month ire which I~otarola receives the written notice. ~.5. Customer must s ecificall .identif an l~ ui ment that is lab I I f for us ~ p Y y y g p a ed ~ntr~nsica ly sae a in ~ha~ardous environments. ~sA.Nods.~INAL,~et.1.1~.~~.r~visi~r~.doc ~ ~Iotorala Contract No. r. i  4 's 4.G. If Egt~ipr~ent cannot, in lViatoroia's reasonable opinion, be properly or economically serviced far any reason, Motorola may modify the scope of services related to such Equipment; remove that equipment frarn the Agreement; or increase the price to~ervice such Equipment. 4.7. Customer must promptly notify Motorola of any equipment failure. Motorola will respond to ustorr~er's notification in a mannerconsistent with the level of service purchased as indicated in this Agreement. section ~ E~C~,UDED ERVIC~ ~ . Service excludes the repair ar replacement of Equipment that has become defective ar damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; ex~ive wear and tear; ar accident, liquids, power surges, neglect, acts of hod ar other farce ma~eure events. ~5.~. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming . ~guipment; accessories, belt clips, battery chargers, ~custorn or special products, modified units, or software; and repair ar maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, ar rnulticoupler. ~ Motorola has no obligations for any transmission medium, such as telephone lines, cam~puter networks; the Internet ar the worldwide web, ar far~~quipment malfunction caused by such transmission medium. Section G T1N[E Ahi~ ~LA~E ~F E~1~iC~ Service wil! be provided at the location specified in~ this Agreement. 1~Ihen Motorola performs service at Customer's loco#ion, Custame~ will provide Motorala,~ at no charge, anon-hazardous work ~~enviranment with adequate shelter, heat, f ght, and power at~d with full and free access to the Equipment. Ilvaivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will pra~ride all information pertaining to~ the hardware and software elements of any system with which the Equipment is interfacing o that Motorola may perform its Services. Unless otherwise stated in this . Agreement, the hours of Service will be 8:~ a.m. to ~:3~ p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the pr'~ce far the services exclude any charges ar expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in tendering the °ervices, Customer agrees to reimburse Motorola . for those charges and expenses, section ~ uT~~IE~ ~r~T~~T r ~~Cutor~er vuifl provide Motorola with designated points of contact list of names and phone numbers} that ! . will be available twenty-four ~~4} hours der day, seven ~7} days per week, and an~esca~atian procedure to enable Custamers~ personnel to maintain contact, as needed, with Motorola. ~ Section 8 PAYMENT Unle~sss alternative payment terns are stated in this ~ Agreement, Motorola will invoice Custor~er in advance for each payment period. Ail other charges will be billed monthly, and Customer must pay each .invoice in U. . doll r a s within twenty days of the ~nvo~ce date. Customer will reimburse Motorola for all property taxesr sales and use taxes, excise taxes, and other taxes or assessments That are levied as a .result of Services rendered under this Agreement except income, profit, and franchise taxes of Motorola} by any governmental entity. section ~ 9 wAi~~4Al1~TY Motorola warrants that its Services under this Agreement will be free of defects in materials and warkr~nship far a period of ninety ~9~} days from the date the performance o~ the Services are . ~ completed. In the event of a breach of this warrant ,Customer's sole reined is to re uire Motorola to r~e- y y q G'A. No~.FiNAL.~t. ~ .1 D,Q~.~evision.doc 3 Igo#~roia Car~tracf N~, r r r i;  r r r ..w,.M i '1 f perform the r~on-conforming Service ar to refund, on a pro-rata basis, the fees paid for the non- ~anforming Service. MOTOROLA DISCLAIMS ALL OTHER 1JIIARRANTIES, E~PI~~ESS OR IMPLIED, INCLl1DINO THE IMPLIED 1NARl~ANTIES OF fvIERCHANTA[31LfTY AND FITNESS FOR A PARTICULAR PURPOSE. - . Section ~ ~ DEI=AULT~TERI~IIN~ITION ~ 0. ~ . If either perky defaults in the performance of this Agreement, the other party will give to the non- performing party ~ written and detailed notice of the default The non-performing party wilt have thirty days thereafter to provide ~ written plan tv cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the .injured party, ire addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 1 ~.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which nlay be due and owing at the tune of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement Upon the effective date of termination, Motorola will have no further obligation to provide services. Section 1 ~ LIIVIITATIO[~ OF LIABILITY Except for personal injury or death, Motorola's totalliability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, . . but not to exceed the price of twelve months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACI~NOI.EDE THE POSSIBILITY OF SUCH L~~SE OR DAMAFS, THEY AR~EE THAT MOTOROLA V~IILL NOT BE LIABLE ~fOR ANY COIUIMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, FOOD vlllLL, REVENUES, PROFITS OR SAVII~IOS; OR OTHER SRECIAL, INOIDENTAL, INDIRECT, OR CONSEC~UE~ITIAL DAMAGES IN ANY 1~vAY RELATED TO OR AR1IN ~fROM THIS A~REEMEIVT OR THE PEREOf~MANCE OF SERVICES 13Y MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach, or otherwise relating to the transactions contemplated . ~ by this Agreement may be brought more than one ~1} year after the accrual of such cause of action, except far money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 1 ~~CCLUSIVE TERI~IS AfVD CONDITIONS ~ . This Agreement supersedes all prior and ~cor~current agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein, The . ..:.Agreement may not be amended or modified except by a written agreement signed by authorised .representatives of both parties. ~ 1~.2, Customer agrees to reference this Agreement on any purchase order issued in furtherance of this . Agreer~ent, however, an omission of the reference to this Agreement will not affect its applicability. In no event gill either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writing unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreer~ent; clearly indicate the intention of both parties to o~rerride and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed b~y authari2ed representatives of both porkies. I y s CAA.NOES.FINAL,Set.~.1~.0~.revlsion.doc ~ 4 ~ Motorola Contract No. £ t  . i i section ~3 PROPRIETARY INFORI~lAT1Dhf; ~ONFIDENTlALlTY; lNTELLETUAL PROPERTY RlCHT ~ ~.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer u~rder this Agreement will remain >Ulotorola's property, will be deemed proprietary, will be kept confidential, and gill ~e promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission ar as required by law, any confidential inforrr~ation or data to~ any person, or use confidential ~ information or~ data for any purpose other than performing its obligations under this Agreement, The obligations ~et forth in this section survive the expiration or termination of this Agreement. ~ ~Jnless otherwise agreed in v~rri#ing, no~~commereial, financial or technical information disclosed in any manner or at any time by customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provideCustomer with. access to its confidential and proprietary information, including~ast and pricing data. . X3.3. This Agreement does not grant~directly or ~y implication, estoppel, or otherwise, any ownership right or firense under any Motorola pat~~t, copyright; trade secret} or other intellectual property inc#udin~ . any intellectual property created as a result of or related to the equipment sold or services performed under this Agreement. ectio~ ~4 FCC LICENSES ►~ND OTHER AUTH~I~ATION Customer i -solely responsible for obtaining Tenses or other authari~atians required by the ~~ederal Communications commission or any other federal, state; or local government agency and for ,car plying with all rules and regulations required by such agencies. Neither Motorola ncr any ol: its er~ployees is an agent or representative ofCustomer in any governmental matters. ectlon ~5 COl{ENANT NOT TO EMPLOY ~ During the term of this Agreement and continuing for a period of two years thereafter, Customer will not hire, engage on contract, solicit the ~employn~ent af, or recomr~end -employment to airy third parley of .any employee of Motorola or its subcontractors without the prior written authorisation of Motorola. This provision applies only to thane employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement If this provision is found to be overly broad under applicable - law, it shall be modified as necessary to onforr~ to such lava. I ectlon ~6 MATERIAL, TOOLS AND ~Q~IIPIIi~ENT All tools, equipment, dies, gauges, models, drawings or other materials paid~~for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Cu~tarner will safeguard all such properly while it is in Customer's custody or control, be liable far any loss or damage to this property} and return it to Motorola upon request. This property vuill be held by Customer for ~ - .Nlatorola's use without charge and may be removed from Custam~er's premises by Motorola at any time without restriction. ~ . ~ ectia~ ~7 GENERAL TERMS ~~.1. If an court renders an y y portion of this A regiment unenforceable, the remainin ~tern~s will g g continue in full force and effect. . This Agreement and the rights and duties of the artier will be overned and inter rued in p 9 ~ .accordance with the laws of the State in which the services are performed. cA.No~ss.~INA~.set.~.~ aA5.r~e~rfs~on.doc Mo#orola antract No. ~ ~ }  t y ns-~r.++.+,,.'rn"~`n~'y!"~rn..~,-~,~,rrmns.rn.,v~,.o~vn .n~..w, ........~~....~.~......q.,~ 3 ~ T.3. Failure to exercise any right will not operate ~ a waiver of that right, power, ar privilege. ~ ~.4. Neither party is liable for delays or lack of performance resulting from anycauses that are beyond that part~r's reasonable control, such as strikes, material shortages, or acts of hod. 1 Motorola may assign its rights and obligations, and may subcontract any portion of its performance, under this Agreement. 1~., TH1 A~~~MENT 1NlL~. ~~N~VIf, fQR AN ~ADDIT~~IAL ONE Y~Af~ ~'ERM, ~N EVERY AN1111~~ARY THE START SATE t1N~:~ EITH~I~ THE ~VE~ PAS PE"IEiALLY •TAT~ A TERMINATION DATA ~R QI~E RATTY NQTI~I~ THE ETHER ll~ l~f~ETINC ~F ~iT INTENTI~iV T~ D~~NTINU'E THE AGREEMENT NAT LR ~TI~AN THIRTY ~3a} DAYS DF T#~AT ANIVIII~RAf~Y DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. ~1,~, If Motorola provides Services after the termination or expiration of phis Agr~emer~t, the terms and conditions in ei:fect at the time of the terrr~ination or~expiration will apply to thane services and ustcmer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates, y E I I I I i 3 jj l i i 1 3 d s r CAA.Nc~,F~NAL.et,1.1~.~5.r~vi~ion,doc ~ ~ Motorafa Contract Na.  fi { i .s 3 Exhibit D y~~em Accepfance ~e~tificate ~usfomer Name: Project Name: This ysterr~ ~cceptanca certificate mer~arializes the occurrence of yster Acceptance. Mcto~o~a and customer acknowledge that: ~ . T`he Acceptance Tests yet Earth in the A~ccept~nce Test Plan have k~eer~ successfully completed. The yster~ is accepted. . ~ustamer R~pr~e~ta~iv: Motorola Re~r~eentative:, Signature: signature; Print Nave: ~ Print Name: Title: ~ Titie: Dato: Date: t x FENAL P~~J~T ~~PTAN~: . Motorola has provided and customer has received aii defiv~e~ables: and l~atorola has ~erforn~ed all other work required for Final Pra~ect A~rce~Otance. ustar~er Re resentativ~: tUlotorola Re r~sentative: Signature: signature: Print fame: Print Name: Title: Title: Date: Date: SSA, NofS.Ff NAL.Set. ~ . ~ a.~~.revisi~~.doc 1 ~a~aro~a Co~fract No. Exhibit 2 ITS E~', TA IN I~~ Ydel]ttfzd 1~1 E U1 I1~~t ~ ~ q p at~d SI1 ~1~00~ . . ~~e~t~~ed ~~~e~n Decr~p~~o~ dated SII~~~~~9 . ~Ei~~I T~'~AI'1 ~ ~ f ,l ~.,7~~,a~ ~d~~t~f~ed in yten~ ~~~cr~ptton dated ~I~SIO~ Additior~~l scope ~1~a~es ice ~~~aber, ~Q~~ Ia,0~0,aa Propoai ~~~iIJJ~ i i/~ f ~~~~kfi{fa Ince~~i~c ~ffer~~.: ~~'ar~ of ~rajee~ -N~a~oral by 91~~I~aa9 -1a~,~4~,4a} a Z Zn~en~~~e: ud~~e~ ~ss~s~ance far - ~1,~,~O} ~~rd of Pro~ec~ ~o lo~a~-o~a 9~~91~Da Prate ~'otal ~ ~ ~ ~,~1"5;~-~U~aa ~~aroi ass alsn pr~v~d~n, as n addi~iar~al incc~t~~e, a I~' ~ I~' a~ui~~e~t ~~el~er 3 far use ~y De~~on aun ~ ~~e l~e~~o~ ~u~t~ Tamer side COST ~'~e it of er~ton. i Incentt~e ~ott~~ 13a;G,~~ ~~lid ~~rou~h 91~1~aa, . 1 . ~  I Exhibit 3 August 14, 2009 City of Denton, Texas Attn: Harry Hettinger 901-8 Texas Street Denton, Texas 76209 Mr. Hettinger, Thank ou for the o ortunity to provide you and The City of Denton, Texas a proposal Y pp to expand yaur existing Motorola- Single Site Radio System to a Two Site Simulcast system. dour currents stem uses ro rietary Motorola SmartNet software that is available only Y pp through Motorola. This software will continue to be used when simulcasting your system. The Motorola Infrastructure equipment must be consistent at both sites i.e., Quantar stations talking to Quantar at both sites and MTC3600 Controllers utilized at both sites. The equipment along with the SmartNet software is provided by Motorola Factory Direct Representation. Thank you for your continued interest in Motorola and we value our relationship with The City of Denton. we look forward to assisting you with the successful implementation of this prof ect. Please do not hesitate to contact me if you should have any questions or require further information. Regards, M rola, Inc. Y . J ~Nlp f. k~ecky Smartt Account Manager ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF A SECOND ANALOG SMARTNET SIMULCAST SYSTEM FROM MOTOROLA, INC., WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PERTINENT PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 4404-PURCHASE OF MOTOROLA TWO SITE SIMULCAST SYSTEM FOR DENTON MUNICIPAL ELECTRIC IN THE AMOUNT OF $2,615,550). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 4404 Motorola, Inc. $2,615,550 SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r r= ~ 5 I BY: 5-ORD-File 4404 AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 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 Fort Worth Drive Substation for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4356- awarded to the lowest responsible bidder meeting specification, MasTec North America, Inc. in the amount of $872,000). The Public Utilities Board recommends approval (5-0). BID INFORMATION The Fort Worth Substation is an approved Capital Improvements Project that will supply electric power to the south and southwest areas of the Denton Municipal Electric service territory. Its construction is necessary to support the growth that has occurred during the past few years. All major equipment and galvanized steel structures have been purchased. Construction will include site work; fence installation; foundation construction; ground grid installation; conduit installation; steel structure assembly and installation; bus work and equipment installation in accordance with the bid specifications. Amore complete description of the bid process is included in the attached Public Utilities Board Agenda Information Sheet (Exhibit 1). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its September 14, 2009 meeting. RECOMMENDATION Award to MasTec North America, Inc. in the amount of $872,000. PRINCIPAL PLACE OF BUSINESS MasTec North America, Inc. Charlotte, NC ESTIMATED SCHEDULE OF PROJECT Construction of the substation is estimated to be completed by May 1, 2010. Agenda Information Sheet October 6, 2009 Page 2 FISCAL INFORMATION This project will be funded from account 600821492.1360.3530. Requisition 95392 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Public Utilities Board Agenda Information Sheet Exhibit 2: Bid Tabulation Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 4356 Exhibit 1 PUBLIC UTILITIES BOARD AGENDA ITEM #2 AGENDA INFORMATION SHEET AGENDA DATE: September 14, 2009 DEPARTMENT: Electric Engineering ACM: Howard Martin, Utilities, 349-8232 SUBJECT: Consider a recommendation of approval to award a contract for construction of the Fort Worth Substation in accordance with the specifications for Bid #4356 to MasTec North America, Inc., based in Charlotte, North Carolina, in the total estimated expenditure amount of $872,000. BACKGROUND: The Fort Worth Substation is an approved CIP project (location shown in Exhibit 1) that will supply electric power to the south and southwest areas of the Denton Municipal Electric service territory. Its construction is necessary to support growth that has occurred during the past few years. All major equipment and galvanized steel structures have been purchased. Construction will include site work; fence installation; foundation construction; ground grid installation; conduit installation; steel structure assembly and installation; bus work and equipment installation; in accordance with the specifications. The bid was advertised in accordance with standard Purchasing Department procedures. Bid packages were provided to 33 vendors. Eight bids were received. Information from the bids is summarized in Exhibit 2. One variable item was included in the bid. The substation site is a former roadway dump site. As such, there is three to 20 feet of fill on the site consisting of rock, crushed asphalt, concrete and other excavation type fill. It will be necessary to dispose of much of the material excavated for construction of the substation. Since the actual quantity of disposal material cannot be known, a unit price for disposal was requested in the bid. The estimated disposal amount is 2,000 cubic yards, and the cost for this disposal is included in the $872,000 price for construction. The award is proposed to be based on this estimate, and the payment to the contractor is to be adjusted up or down to match the actual number of cubic yards of material that is disposed of offsite. OPTIONS: 1. Recommend awarding the Fort Worth Substation construction contract to the lowest bidder, MasTec North America, Inc. 2. Not recommend awarding the Fort Worth Substation construction contract to the lowest bidder, MasTec North America, Inc., and direct that other actions be taken. AIS -PUB Agenda Item #2 September 14, 2009 Page 2 of 2 RECOMMENDATION: DME recommends awarding the Fort Worth Substation construction contract to the lowest bidder, MasTec North America, Inc., in the total estimated expenditure amount of $872,000. PRIOR ACTION/REVIEW (Council, Boards, Commissions): None FISCAL INFORMATION: The approved CIP project will be funded with bond funds from proj ect account 600821492. BID INFORMATION: The bid information is summarized in Exhibit 2. DATE SCHEDULED FOR COUNCIL APPROVAL: October 6, 2009 EXHIBITS: 1. Project Location Map 2. Evaluation of Bid #4356 Respectfully submitted: Phil Williams General Manager of Electric Utilities Denton Municipal Electric Prepared by: Chuck Sears Engineering Division Manager Denton Municipal Electric ~ ~ Q O ~ j ~ ~ ~ p ~ ~ ~ v p m o to 0 Z ~ ~ ~ o } m w ~ v o ~ o ~ Q w U ~ v ~ ° ~ ~ U o o ~ ~ ° ~ ~ ~ ~ m ~ cn 0 Z U 0 ~ m ~ } m > o ~ ~ ~ 00 U ~ ~ ~ v 0 X ° O u ~ ~ ° O ~ u Ol ~ J ~ ~ ~ D _N o w m G N N ~ o w m ~ > Z ~ ~ ~ Z w v _0 N ~ W ~ v N O ~ ~ W - 'L r-I m ~ ~ c~ cn ~ ~ ~ 00 > L ~ 00 ~ ~ ~ ~ t~ ~ a~ ~ ~ _ ~ U ~ ~ ~ o ~ z o ~ ~ ~ O o ~ ~ ~ o oG ~ o 0 , C ~ ~ ~ to 0 ~ v ~ ~ po cn 0 W w L ~ ~ _ W ° l0 _ ~ N ~ Ol ~ m ~ ~ ~ ~ ~ m N ~ U ~ _ ~ ~ a s x a w ~ V U° ~ U J o ~ o ~ z o °o ~ ~ ~ ~ ~ O °o ~ o ~ _ o ~ ~ z ~ o °o cn o ~ m~ ~ o °o cn o Z ~ ~L ° O O ~ m Z ~ .i ~ ~ ° ~ m W N ~ N O ~ W ~ ~ l0 ~ ~ ~ ~ ~ 0~0 00 ~ N ~ 3 0~1 m ~ Q U~ w w z ~ _ ~ ~ 0 L L G V O U O U 3 ~ ~ ~ ~ ~ L U v ~ U p ~ ~ 0 ~ O ~ (n ~ 0 ~ ~ N • to O ~ ~ O N O ~ ~ v 0 }~i ~ O L Q U ~ ~ O L ~ v V d = o o ~ = o o ~ ~tA N ~ ° ~ ~ ~ ~N N ~ ° ~ ~ ~ 3 Z p~ 0 3 Z O ~ O ~ I ~ I 0 m v ~ ~ ~ m ~ ~ ~ ~ ~ ~ N ~ ~ ~ ~ u ~ ° ~ ~ ~ ~ u ~ o ~ ~ ~ u ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a ~ ~ } u ~ ~ ~0 ~ ~ ~ O } u ~ s N~ a ~ v ~ ~ ~ a ~ a~ ~ v (n ~ U ~ X 0 ~ ~ u V ~ X 0 ~ ~ v ~ 'V f~ LLJ V M1• OU ~ ~ ~ 'V f6 W V M1' OU ~ S ~S ~ ~ a ~ O N U ~ ~ a 0~ L O ~ ~ U ~ ~ s M a - r~ r~ ~ N o ~ L a - r~ r~ ~ N o ~ L Sao mo•~°~~-om°~ mo•L°~~,oma~ ~ ~ ~ ~ ~ ~ z ~ ~ ~ ~ ~ ~ ~ ~ z v ~ ~ ~W o ~ ~ ~mU o ~ emu ~ ~ ~ a~ a~ I■■I Q D ~ N m m ~ ~ N m m ~ m~LL J ~  I I I I I I I I I I I I I I ORDINANCE N0. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE FORT WORTH DRIVE SUBSTATION FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4356-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, MASTEC NORTH AMERICA, INC. IN THE AMOUNT OF $872,000). 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 4356 MasTec North America, Inc. $872,000 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 ,2009. 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 4356 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 September 14, 2009 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Vice Chair of the Public Utilities Board thereafter convened into an Open Meeting 7 on Monday, September 14, 2009 at 9:00 a.m. in the Service Center Training Room, City of 8 Denton Service Center. 9 10 Present: Bill Cheek, Phil Gallivan, Randy Robinson, Bill Grubbs and Barbara Russell 11 12 Ex Officio Members: 13 Howard Martin, ACM Utilities 14 15 Absent: Dick Smith and John Baines, both excused 16 17 OPEN MEETING: 18 19 CONSENT AGENDA: 20 The Public Utilities Board has received background information, staff's recommendations, and 21 has had an opportunity to raise questions regarding these items prior to consideration. 22 23 2) Consider recommending approval to award a contract for construction of the Fort Worth 24 Substation in accordance with the specifications for Bid #4356 to MasTec North America, 25 Inc., of Charlotte, North Carolina in the total estimated expenditure amount of $872,000. 26 27 Board Member Randy Robinson moved to approve Item 1 with a second from Board 28 Member Phil Gallivan. The motion was approved by a 5-0 vote. 29 30 The meeting was adjourned by consensus at 9:45 a.m. AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8424 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the purchase of fire repair and fire changing services for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4385- Contract for Tire Repair and Tire Changing awarded to Briscoe Tire Inc. in the annual estimated amount of $200,000). BID INFORMATION This bid is for the contract to provide fire repair, fire changing and on site (roadside) flat repair for the City of Denton fleet. The contract will be administered through the Fleet Services Division. RECOMMENDATION Award to the lowest responsible bidder, Briscoe Tire Inc. in the annual estimated amount of $200,000. PRINCIPAL PLACE OF BUSINESS Briscoe Tire Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT This is a three year contract, which will remain in effect through October 15, 2012. The contract may be extended for additional one-year periods by mutual agreement of both parties. Roadside service is to be dispatched within 30 minutes of notice, 24 hours per day. FISCAL INFORMATION The services provided will be funded from the Fleet Services Operating budget and charged back to the individual vehicle/department as a cost of operation. Agenda Information Sheet October 6, 2009 Page 2 EXHIBITS Exhibit 1: Tabulation Sheet Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 4385 EXHIBIT 1 Bid # 4385 Date: 9/3/2009 CONTRACT FOR TIRE REPAIRS & TIRE CHANGING No. Description Vendor Vendor Vendor Vendor Vendor Wingfoot Commercial Tire Ace Tire Service Pro Tire Inc. Tire Centers LLC Briscoe Tires Inc. Systems, LLC Principle Place of Business: Denton, TX Fort Worth, TX Denton, TX Denton, TX Denton, TX Service Call anywhere 1 within Denton city $43.25 $32.50 $25.00 $50.00 X25.00 limits After hours service call 2 anywhere within $43.25 $59.00 $65.00 $65.00 20.00 Denton ci limits Cost of tire repair on Included in 3 road small tires $20.00 $15.00 $17.50 X15.00 ( ) Hourl Rate 4 Cost of tire repair on $20.00 $19.50 $25.00 Included X15.00 road (large tires) 5 Cost of removing & $17.00 $15.00 $15.00 Included ~ 12.00 replacing (small tires) 6 Cost of removing & $17.00 $19.50 $22.00 Included X15.00 replacing (large tires) Cost offront-end 7 alignment (Heavy Duty $185.00 No Bid $120.00 No Bid X49.95 - X69.95 Truck Cost of inspection of Included In 8 tires on City of Denton No Charge No Charge $50.00 per hour No Charge vehicles & equipment Service Cost of removing & X2.50 to X5.00 9 dis osin used tires $3.00 to $18.00 $2.00 to $5.00 $1.00 to $5.00 $5.00 Ea. p g See Attached Miscellaneous parts - 10 percentage of jobber's N/A 15% NIA 15% 15% list price (include a copy of the list). SHIPMENT 1 Day 1 Day 1 Day 1 Day Bidder is an authorized distributor, by the manufacturer, and is yes N/A No & N/A Yes Yes authorized to sell to the City of Denton? Yes No NIA ORDINANCE N0. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TIRE REPAIR AND TIRE CHANGING SERVICES FOR VARIOUS CITY OF DENTON DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4385-CONTRACT FOR TIRE REPAIR AND TIRE CHANGING AWARDED TO BRISCOE TIRE INC. IN THE ANNUAL ESTIMATED AMOUNT OF $200,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City 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 NUMBER VENDOR AMOUNT 43 85 Briscoe Tire Inc. 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 , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r i - - , BY: 3-ORD-Bid 4385 EXHIBIT A Bid # 4385 Date: 9/3/2009 CONTRACT FOR TIRE REPAIRS & TIRE CHANGING No. Description Vendor Briscoe Tires Inc. Principle Place of Business: Denton, TX Service Call anywhere 1 within Denton city $25.00 limits After hours service call 2 anywhere within 20.00 Denton ci limits 3 Cost of tire repair on ~ 15.00 road (small tires) 4 Cost of tire repair on ~ 15.00 road (large tires) 5 Cost of removing & ~ 12.00 replacing (small tires) 6 Cost of removing & ~ 15.00 replacing (large tires) Cost offront-end 7 alignment (Heavy Duty $49.95 - $69.95 Truck Cost of inspection of 8 tires on City of Denton No Charge vehicles & equipment 9 Cost of removing & $2.50 to $5.00 See Attached disposing used tires Miscellaneous parts - 10 percentage of jobber's 1500 list price (include a copy of the list). SHIPMENT 1 Day Bidder is an authorized distributor, by the manufacturer, and is authorized to sell to the yes City of Denton? Yes No N/A AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 DEPARTMENT: Finance ACM. Jon Fortune SUBJECT Consider the adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund with certificates of obligation with an aggregate maximum principal amount equal to $1,579,614 so that General Fund vehicles and equipment may be purchased, and providing an effective date. BACKGROUND The FY 2009-10 Capital Improvement Program Budget includes provisions for the replacement or purchase of new vehicles and equipment. Vehicle replacements are issued with the use of certificates of obligation and sold in conjunction with a capital improvement program bond sale. The City of Denton's next capital improvement program bond sale is scheduled to occur in April 2010. Due to necessary lead times in the purchase of vehicles, Fleet Services would like to initiate this purchase prior to the sale of the certificates of obligation. The purchase will be made out of the unreserved fund balance of the General Fund, and with the approval of the attached ordinance, these funds will be reimbursed once the certificates of obligation are sold. The total expenditures for the purchase of vehicles and heavy equipment in the General Fund is $1,579,614. The list provided (Exhibit 1) details the vehicles and equipment that will be purchased. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS) None FISCAL INFORMATION This ordinance will allow the certificates of obligation to reimburse the General Fund in the amount of $1,579,614 for the costs of the vehicles. EXHIBITS 1. Fleet Services Vehicle and Equipment Purchase List 2. Ordinance Respectfully submitted: Bryan Langley Director of Finance FY 09-10 FLEET PURCHASES Exhibit 1 DeptlDiv Year Old Description New Description Amount Estimate PD Ops 2005 FORD, Crown Vic Crown Vic $ 47,946 PD Ops 2005 FORD, Crown Vic Crown Vic $ 47,946 PD Ops 2Q05 .FORD, Crown Vic Crown Vic $ 47,946 PD Ops 2005. -FORD, Crown Vic Crown Vic $ 47,946 PD Ops 2005 FORD, Crown Vic `Crown Vic $ 47,946 PD Ops .2005. FORD, Crown Vic Crown Vic $ 47,946 PD Ops 2005 FORD, Crown Vic Crown Vic $ 47,946 PD Ops 2005 FORD, Crown Vic Crown Vic $ 47,946 PD Ops .2005 Harley Davidson Mtcycle-:BMW Motorcycle $ 27,500 PD Ops 1999 Car, Midsize Chevy Tahoe $ 30,962 PD Ops 1998 Car, Midsize Chev Impala, Paint Code 61 U $ 30,962 PD Ops ` 1998 Car, Midsize 'Chev Impala, Paint Code 87U $ 30,962 PD Ops 1996 Car, Midsize Chev Impala, Paint Code 51 U $ 30,962 PD Ops 1999 Car, Midsize Chev Impala, Paint Code 42U $ 30,962 FirelOps 2002 Ambulance Fraizer Ford F350 Ambulance $ 180,000 FirelOps 2002 Ambulance Fraizer Ford F350 Ambulance $ 180,000 FirelOps 1999 Truck Chevy TahoelRed $ 26,000 ParkslMain 1998 New Holland T6030 New Holland T6030 4x4 $ 79,400 Parks Construction 2002 John Deer Back Hoe Case 590 SM 3 LoaderlBackhoe $ 87,861 Streets 2002 BOBCAT, Skid Loader A300 Bobcat $ 38,370 Streets 2004 Backhoe Case 590 SM 3 LoaderlBackhoe $ 87,861 Streets 1996 2.5T Flatbed Water Truck 4000 Gallon $ 110,000 Airport 1995 ATV Mule Kawasaki Mule wlTilt Bed $ 15,000 Airport 1997 Blazor Ford Explorer $ 25,000 Building Inspections 112 ton Pickup Truck $ 15,000 2% Administrative Fee $ 28,207 10% Contin enc $ 141,037 general Fund Total $ 1,519,6,1.4. Admin Fee & Contingency $ 169,244 Replacements $ 1,395,370 Fleet Additions $ '15,000 Supplemental Pk Vehicles $ -  2-BU Fleet Reimbursement.xlsx SF 90809 9/28/2009 ~:1Qur Doct~~ne~t~lOr~~nance~1~91~teimhur~emen~~vehicles.doc LJRDI~AN~F N~. AN ORDINANCE OF THE CITY OF DENTON, TEAS TO DECLARE THE INTENT T RE]~4iBURSE EPENDfTURES FRO~rI THE UNRESERVED FUND BALANCE OF THE GENERAL FUND wITH CERTIFICATE OF OBLIGATION wITH AN AGGREGATE AIlI~L~M PRINCIPAL A11~0UNT EQUAL TO 1,~ 7~,~ l4 ~ THAT GENERAL FUND VEHICLES AND EUIPl1~ENT 1VIAY BE PURCHASED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton {the "Issuer"} is a municipal corporatianl olitical subdivision of the State of Texas; and WHEREAS, the issuer expects to pay expenditures for purchase of vehicles and equ~pam.ent being fleet additions and replacements, which were approved zn the X009-2~ 1 ~ Adopted Budget and the 2~~-2010 Capital I~nproven~ent budget and are described in Attachment "A", and wHERE.AS, the Issuer finds, considers, ar~d declares that the reimbursement of the Issuer far the payment of such expenditures will be appropriate and consistent with the Xawful objectives of the Issuer and, as such, chooses to declare its intention, in a,ccardance with the pro~~lons of Section 1.I50-~ Treasury Regulations, to reimburse itself far such a eats at p~ such tine as it issues the obligations to frnance the Proj cots; NOW, THEREFORE, THE COUNCIL OF THE CITY" OF DENTON HEREBY ORDAINS. SECTION 1. The (suer reasonably expects to incur debt, as one or mare series of obligations, with an aggregate mxirrlu principal an~aunt equal to 1,579,E 14 far the ase of paying the casts of the Praj ect, asset forth in the attached .Attachment "A», which is made a art ofthls Ordinance far all purposes as if incorporated word far word herein. SECTION All costs to be reimbursed pursuant hereto will be for the urcha,se of fleet P vehicles and equipment as authorised by Section 271.045{}{1} of the Texas Laval Governn~en~ Code, No tax-exempt obligations will be issued by the Issuer in fiherance of this Ordinance after a date which is later than I S months aver the later of { 1 }the date the ex enditures are aid p p or ~2} the date an which the property, with respect to which such expenditures are made 1s . placed ~n ser~rice. That all amounts expended from the Unreser~red Fund Balance of the General Fund. far the Project set forth in Attachment "A" to pay any costs Qf the Pro ~ ect shall b e rexn~bursed from Certxf sate of Obligation hand proceeds within the 209-201 ~ fiscal ear. SECTI~IV 3. The foregoing notwithstanding, no tax~exempt obligation will be issued pursuant to this Ordinance mare than three years after the date any expenditure which is to be re1n~bursed ~s paid. SECTION ~ This Ordinance shall became effective immediately upon its assa a and P g approval.  i S:\0ur Docuiaients\Ord nances\Q9\Reimbursctiicnt-vehicies.doe PASSED AND APPROVED this the day of '2009. MART- A. BURROUGHS, MAYOR ATTEST: JENNIFER 'WVALTERS, CITY SECRETARY BY: APPROVED A TO LEGAL FORM: AID ITA BURGESS, CITY ATTORNEY BY: a, Page 2 raft AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider approval of an Ordinance of the City of Denton, Texas amending Section 22-32 of the Code of Ordinances of the City of Denton relating to the possession and consumption of alcohol in Quakertown Park and buildings situated therein; providing a severability clause, a penalty clause and an effective date. The Parks, Recreation and Beautification Board recommends approval with a vote of 4-0. BACKGROUND The changes to the Ordinance include changing the name of the park from Civic Center Park to Quakertown Park; removing the Senior Center multi-purpose room as an alcohol rental option, and clarifying who will be authorized to approve alcohol rentals in buildings in the Park. OPTIONS Council options include approval or denial of the ordinance as submitted. Council may also opt to modify the wording to include additional or modified requirements. PRIOR ACTION/REVIEW The Parks, Recreation and Beautification Board recommends approval with a vote of 4-0. FISCAL INFORMATION Changes to the ordinance will have no impact on the budget. EXHIBITS 1. Ordinance 2. September 14, 2009 Park, Recreation and Beautification Board Meeting Minutes Respectfully submitted: Emerson Vorel, Director Parks and Recreation Prepared by: Amanda Green, Superintendent Parks and Recreation llc~dadldepartmentsl~egallour doc~mentslordinanoes1~91alcol~ol ordinance ~uakertowr~ irk 9-2~-~~.d~c ~DfNANCE N~. _ , AN ORDINANCE ~F THE C~T~ OF DENTIN, TEAS AI~IENDIN~r ECT~~N ~2~3~ THE BODE F ORDINANCES DF THE CITY ~F DENTIN I~.EIJATINC~ T~ THE P~SS~SI~N AND C~Nl~l1~~T~DN ~F ALC~H~~ iN UA~E~T~N PARS AND BI~ILDIN SITC~ATED THE~EfN; PRDVIDINC~ EVERAB~f,ITY CLAE, P~NALT~ CAUSE AND AN EFFECTIVE DATE. ~vHER~AS, Section 2282 of the Code of Ordinances of the City of Denton, Texas currently permits the possession and consumption of alcohol in the Civic Center Building. ar~d the pardon of uakerto~vn Park not enclosed within the fence surrounding the city swimming pools; and FIEEA, the City Council finds that Section 2-2 should be arriended to restrict such possession and consurnptian of alcohol to City approved activities, events and rentals; and HEI~EAS, the City Council of the City of Denton, Texas finds that 1t ~s 1n the public interest to adopt this ordinance; N~, THEREF~RE~ THE CDUNCIII OF TAE CITY ~F DENTIN HEREBY DRAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION Section 2~-2~ of the Code of Ordinances of the City of Denton, Texas is hereby amended in its entirety to read as follows: fee. ~~-2. Possession and 'onsumpt~on of A~cohol~c Beverages. ~a~ It sha11 be unlawful for any person to consume or possess any alcoholic beverage while orgy the premises of any: ~l~ City p~~ Public Irriprovement located within a city park; or vehicle parking area of any city parr. ~b~ The prohibition contained in Section 2~-~~~a~ shall not apply to the possession or consumption of an alcoholic beverage ~n Quakertown Park, and Civic Center Building during an activity, event or rental of space approved by the City in advance. The approval contemplated by . this subsection may be granted by the City ll~anager ar his designee. ~c} ~'or purposes of th1S sectl0n, the term "alcoholic beverage" is as defined in the Texas Alcoholic Beverage Code. ET~~I~ 3. Any person violating any provision of this a~dinance shall, upon conviction} be ned a sum not exceeding 5~~.~~. ET~~~ 4, If any prov~s~an of thls ardlnance or the appllcatlan thereof to any person o~ circumstance is held invalid by any court, such inval~d~ty shad not affect the va~ldlty of other provisions or applications, anal to this end the provisions of thrs ard~nanee are severable. ETI~ 5. This ordinance shall become effective fourteen. ~14~ days franc the date of its passage, and the ~lty Secretary 15 hereby directed to cause the caption of this Q~C~1na~l~e to published Mice in the Denton Record-hranicle, a daily ne~spape~ published in the 1ty of Denton, Texas, within ten ~ 1 days of the date of its passage. FAED ADD ,~PPR~VED this the ~ day of , ~0~~. A~~ A,. ~URR~U~H, AYR ATTEST: JENNIFER AFTER, CITY ERETAR~Y BY: ApPRQ~ED A T~ LE~x.AI1 FDRNI: A~ITA B~JRC~E IT ATTORNEY ~Y: page 2  i 1 DRAFT 2 Parks, Recreation and Beautification Board 3 Minute s 4 September 14, 2009 5 Civic Center Conference Room 6 7 Members present: Carol Brantley, Vicki Byrd, Mike Simmons, Jennifer Wages 8 Members absent: Allyson Coe, Derrick Murray, Janet Shelton 9 Staff present: Emerson Vorel, Aimee Dennis, Amanda Green, Jim Mays, Janie McLeod, Bob Tickner, Mary 10 Aukerman 11 12 With the lack of a Chair or Vice Chair, Emerson Vorel called the meeting to order at 6:02 p.m. 13 14 AWARDS AND RECOGNITIONS: Emerson presented outgoing Board members, Reggie Heard and Ross 15 Richardson, with a dedicated service award from the Park Board and an appreciation certificate from the Mayor for 16 their years of service. 17 18 APPROVAL OF MINUTES OF August 3, 2009 MEETING: Emerson asked for any corrections or 19 amendments to the minutes. Hearing none the minutes stand approved as written. 20 21 ACTION ITEMS: 22 Emerson asked for a motion to amend the agenda by moving "ACTION ITEM f ' to the first action item, and 23 adjusting the other items down one. Mike made the motion to move "Action Item f' to be the first item 24 considered, Carol seconded the motion and the agenda was amended. 25 26 ~ Donation of Rob Erdle Paintings - Jo Williams, Chair of the Public Art Committee, presented to the Park 27 Board the two watercolor paintings being donated by Rob Erdle's wife, Millie Giles. The two paintings will 28 need to be framed. The exact cost of the framing is unknown at this time but it is estimated to be about $250 29 for both prints. It is Ms. Giles intent that the pictures remain in the same facility as the Summer Haze painting 3 0 purchased for the South Branch Library. 31 32 MOTION: Jennifer made a motion to recommend to City Council the approval of the Public Art Committee's 3 3 recommendation to accept the public art donation from Millie Giles of the two watercolor paintings. Carol 3 4 seconded the motion and it passed with a vote of 4-0. 35 36 a) Alcohol Ordinance Revision -Section 22-32 of Chapter 22 (Parks and Recreation) of the Code of 3 7 Ordinances of the City of Denton, Texas, relating to possession and consumption of alcoholic beverages in the 3 8 park is being revised to change the name of Civic Center Park to Quakertown Park, and to allow the sale of 3 9 alcohol in the Civic Center Building and Emily Fowler Library with the approval of the City Manager or his 40 designee, which has historically been the Director of that particular department. The revised ordinance also 41 removes the Senior Center as an option for an alcohol rental. For clarification, this ordinance does not affect 42 the Woman's Building, which is leased from the City and not considered a City building. 43 44 MOTION: Mike made a motion to make a recommendation to City Council to approve the revised 45 ordinance allowing for the changes to amend Section 22-32 of Chapter 22 (Parks and Recreation) of the 46 Code of Ordinances of the City of Denton, Texas, relating to possession and consumption of alcoholic 47 beverages in the parks. Jennifer seconded the motion and it passed with a vote of 4-0. 48 49 b) Cemetery Ordinance Revision -Two ordinances amending Chapter 25 of the Code of Ordinances of the 50 City of Denton, Texas are being presented to the City Council for their approval. The first ordinance will 51 address fees for burial plots in newly opened Section Z at I.O.O.F. Cemetery and will also attach a late fee 52 for failure to obtain a permit prior to burial or erecting a monument or tombstone at both cemeteries. The 1 second ordinance addresses changes to codes, particularly those pertaining to the placement of objects in 2 the cemetery, including floral designs and greenery and the removal of such. 3 4 MOTION: Emerson asked for a motion recommending to City Council the approval of the ordinance 5 amending Chapter 25 of the Code of Ordinances of the City of Denton, Texas relating to the fees for new burial 6 plots and the late fee for permits. Jennifer made a motion to make the recommendation; Carol seconded the 7 motion and it passed with a vote of 4-0. 8 9 Emerson then asked that a motion be made recommending to City Council the approval of the ordinance 10 amending Chapter 25 of the Code of Ordinances of the City of Denton, Texas relating to the provisions for 11 grave markers and floral arrangements, and other items as outlined. Carol made a motion to recommend the 12 changes be accepted; Mike seconded the motion and it passed with a vote of 4-0. 13 14 c) Chapter 26 Review: Carl Gene Young Sr. and Woodrow Lane Parks Pecan Creek Sanitary Sewer 15 Interceptor I Line Easement -This sanitary sewer line will actually replace an existing line. Work should 16 be done in 60 days from start and should not disrupt use of the park areas during that time. The end result will 17 be well below the surface, as it now is, and will not interfere with use of the park. Any part of the park that is 18 displaced will be returned to the condition in which it was found. 19 20 MOTION: Jennifer made a motion to recommend to City Council the approval of the ordinance granting 21 approval of asub-surface use of a portion of Carl Gene Young, Sr, and Woodrow Lane Parks for the 22 purpose of a utility easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code, 23 providing for a utility easement. Mike seconded the motion and it passed with a vote of 4-0 24 25 d) Public Art for City Hall East -The Public Art Committee recommends the purchase of two black and 26 white photographs by Carlotta Corpron, an artist with local ties. The cost of each 14 x 11 photograph is 27 $3,500. The remainder of a trust account with approximately $6,000 for the remodel of the Denton Municipal 28 Complex, which is now City Hall East, will be used to help purchase the photographs; the balance will come 29 from 2010 Public Art Hot Funds. 30 31 MOTION: Carol made a motion to recommend to City Council the approval of the Public Art Committee's 32 recommendation for public art in City Hall East, namely, the purchase of Carlotta Corpron's photographs; 3 3 Jennifer seconded the motion and it passed with a vote of 4-0. 34 3 5 e) Donation of Public Art by Bert and Missy Finger -The Public Art Committee recommends the 36 acceptance of donations of public art by Bert and Missy Finger. The Fingers have offered to donate two 10 x 37 8 black and white photographs from their gallery by artists Barbara maples and Ida Lansky, who have ties to 3 8 Carlotta Corpron. The Fingers own Photographs Please Don't Bend Gallery, from which we are purchasing 39 Ms. Corpron's photographs. The donated photographs are valued at $2,800 each. 40 41 MOTION: Mike made a motion to recommend to City Council the approval of the Public Art Committee's 42 recommendation to accept the donation of public art by Bert and Missy Finger; Carol seconded the motion and 43 it passed with a vote of 4-0. 44 45 g) Denton Festival Foundation, Inc.'s Donation of Oh Be Joyful Sculptures -The Public Art Committee 46 recommends the acceptance of the donation of the sculptures from the Denton Festival Foundation, Inc. The 47 sculptures, by Rosie Sandifer, of two young girls with their hands lifted upward will be placed in the garden 48 area of Quakertown Park. The sculpture Book a Day by the same artist was recently purchased for the South 49 Branch Library. 50 51 MOTION: Carol made a motion to recommend to City Council the approval the Public Art Committee's 52 recommendation to accept the donation of public art from the Denton Festival Foundation, Inc. of the Oh Be 53 Joyful sculptures by Rosie Sandifer; Mike seconded the motion and it passed with a vote of 4-0. 54 1 DISCUSSION ITEMS: 2 a) Nominations for Chairperson and Vice Chairperson for the Parks, Recreation and Beautification 3 Board - As several new board members were missing at this meeting, this item will be deferred to the 4 next meeting of this Board. 5 6 Before moving on to the Parks Project Status Report, Emerson asked the Parks and Recreation Department 7 attendees to introduce themselves. 8 9 PARKS PROJECT STATUS REPORT 10 Avondale Park Lighting and Landscape Improvements -The poles are up but the cost of the lights 11 warranted they go out to bid. 12 13 Denton Branch Rail Trail Bridges Project -This project will have a separate bridge which is not part of the 14 commuter bridge that will go over Loop 288. 15 16 Neighborhood Park Design: Preserve @ Pecan Creek, Owsley Park and Wheeler Ridge -Neighborhood 17 meetings will take place to gather citizen input. 18 19 North Lakes Adult Soccer Field Development Project -Jacobs Engineering Group is designing this project. 20 21 Senior Center Renovation and Expansion Project -The Senior Center operations have moved into the new 22 addition. They are now going through asbestos abatement in the main part of the building. The project is now 23 on schedule. 24 25 Unicorn Lake Trail and Landscape Project -The bridge is set, the trail is finished; the landscaping needs to 26 be completed. 27 28 KEEP DENTON BEAUTIFUL UPDATE 29 Aimee explained that KDB is a 501 c3 non-profit organization. The City of Denton pays the salaries of the three 30 employees; the remainder is under the control of the non-profit though the Board of Directors. 31 3 2 An offer had been made to fill the vacant Volunteer Coordinator position. 33 34 Their next events will be the Steam Clean on October 3rd at the Civic Center and the Tree GiveAway on October 3 5 24th. This year the Tree GiveAway will be 100% pre-registration. 36 3 7 They are working on a new Strategic Plan, as their current one ends this year. 38 39 PUBLIC ART COMMITTEE MEETING MINUTES 40 The majority of items were Action Items, so no additional comments were expressed. 41 42 With no further business on the agenda, Carol made a motion to adjourn, Jennifer seconded the motion 43 and the meeting was adjourned at 7:23 p.m. AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 DEPARTMENT: Utilities ACM: Howard Martin, Utilities 349-8232 SUBJECT Consider adoption of an ordinance approving the "Amendment to Municipal Maintenance Agreement for the Furnishing, Installing, Operation and Maintenance of Cameras on State Highway Rights-of-Way to Monitor Compliance with Traffic Control Signals" entered into by and between the City of Denton, Texas and the State of Texas, acting by and through its Texas Department of Transportation; providing the City Manager with authority to execute said agreement and to carry out the rights and duties of the City regarding said agreement; and providing an effective date. BACKGROUND Upon passage of the State bill allowing red light cameras to be installed on TxDOT highways, the City of Denton submitted a request to the local regional TxDOT office for permission for their installation. The City's Police Department and Utility and CIP Engineering staff have looked at possible locations for red light cameras and have been working with TxDOT for their initial installation at the intersections of: 1) U.S. Highway 380 (University Drive) and Mayhill Road. 2) IH35E northbound service road and U.S. Highway 377 (Ft Worth Drive). It is worth noting that the City currently has red light cameras at the intersections of the City streets of: 1) Oak Street and Carroll Boulevard. 2) Bell Avenue and Hickory Street. 3) Mayhill Road and Spencer Road. 4) Shady Oaks and Woodrow. It is City staff s opinion that red light violations and accidents been reduced at these intersections. The Red Light Camera program has also helped raise the awareness of drivers at other intersections throughout the City. TxDOT has provided the attached amendment to the Municipal Maintenance Agreement (MMA) between the City of Denton and TxDOT as a "stand alone" document rather than incorporating it directly into the MMA, which has been a long-standing agreement and less likely to change over time. In order to be valid, the Amendment to Municipal Maintenance Agreement between the City of Denton the Texas Department of Transportation (TxDOT) for the Furnishing, Installing, Operation and Maintenance of Cameras on State Highway Rights-Of-Way to Monitor Compliance with Traffic-Control Signals should be executed concurrently with the revised MMA (submitted for approval under a separate agenda item). Staff has reviewed the agreement and concurs with the conditions included therein. The agreement indicates the conditions under which TxDOT will allow for the installation, maintenance and removal of a red light camera system on a TxDOT roadway/traffic signal. FISCAL INFORMATION The City has contracted with a company that installs and maintains red light camera systems and also collects and processes the information collected for City Police Department staff s review. The installation costs of the system and processing are at the company's expense from revenues generated from the collection of fines. PRIOR ACTION/REVIEW Council Work Session - March 3, 2009. OPTIONS 1. Approve the Ordinance authorizing the City Manager or his designee to execute the Amendment to Municipal Maintenance Agreement for the Furnishing, Installing, Operation and Maintenance of Cameras on State Highway Rights-Of-Ways to Monitor Compliance with Traffic-Control Signals agreement between the City of Denton and TxDOT. 2. Deny approval of the ordinance. RECOMMENDATION Staff recommends that City Council approve the adoption of an Ordinance authorizing the City Manager or his designee to execute the Amendment to Municipal Maintenance Agreement for the Furnishing, Installing, Operation and Maintenance of Cameras on State Highway Rights-Of- Ways to Monitor Compliance with Traffic-Control Signals agreement between the City of Denton and TxDOT. EXHIBITS 1. Ordinance 2. Agreement with TxDOT Respectfully submitted: Frank G. Payne, P.E. City Engineer ORDINANCE NO. 2009- AN ORDINANCE APPROVING THE "AMENDMENT TO MUNICIPAL MAINTENANCE AGREEMENT FOR THE FURNISHING, INSTALLING, OPERATION AND MAINTENANCE OF CAMERAS ON STATE HIGHWAY RIGHTS-OF-WAY TO MONITOR COMPLIANCE WITH TRAFFIC CONTROL SIGNALS" ENTERED INTO BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE STATE OF TEXAS, ACTING BY AND THROUGH ITS TEXAS DEPARTMENT OF TRANSPORTATION; PROVIDING THE CITY MANAGER WITH AUTHORITY TO EXECUTE SAID AGREEMENT AND TO CARRY OUT THE RIGI ITS AND DUTIES OF THE CITY REGARDING SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Texas owns and maintains a system of highways and roadways in the City of Denton, Texas, pursuant to Transportation Code, Section 201.103; and WHEREAS, the State and the City have heretofore executed a Municipal Maintenance Agreement on the day of , 2009; and WHEREAS, the City has requested permission to install cameras on state highway rights-of- way to monitor compliance with traffic control signals, hereinafter referred to as "camera monitoring equipment" at the locations listed as provided in the "Amendment to Municipal Maintenance Agreement for the Furnishing, Installing, Operation and Maintenance of Cameras on State Highway Rights-of-Way to Monitor Compliance with Traffic Control Signals" (hereafter the "Amendment") which is attached hereto as Exhibit "A", and which Agreement is incorporated by reference herewith; and WHEREAS, the State has determined that when the City's installation of camera monitoring equipment will not damage the highway facility, impair safety, impede maintenance, or in any way restrict the operation of the highway, the proposed camera monitoring equipment may be installed by the City or by its contractor; and WHEREAS, the City Council has read and considered the proposed Amendment referenced hereinabove by and between the State of Texas and the City of Denton, Texas and finds that the proposed Amendment is in the public interests of the residents of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as if fully set forth herein. SECTION 2. The "Amendment to Municipal Maintenance Agreement for the Furnishing, Installing, Operation and Maintenance of Cameras on State Highway Rights-of-Way to Monitor Compliance with Traffic Control Signals," attached as Exhibit "A" hereto and incorporated by reference herein, is hereby approved; and the Mayor or the Mayor Pro-Tempore is hereby authorized to enter into said Amendment on behalf of the City of Denton, Texas. SECTION 3. The City Manager is hereby authorized to carry out the rights and duties of the City under said Amendment. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: i I i THE STATE OF TEXAS § THE COUNTY OF TRAVIS AMENDMENT TO MUNICIPAL MAINTENANCE AGREEMENT FOR THE FURNISHING INSTALLING, OPERATION AND MAINTENANCE OF CAMERAS ON STATE HIGHWAY RIGHTS-OF-WAY TO MONITOR COMPLIANCE WITH TRAFFIC-CONTROL SIGNALS, THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "State", and the City of Denton hereinafter called the "City", acting by and through its duly authorized officers. W ITNESSETH WHEREAS, the State awns and maintains a system of highways and roadways in the City of Denton pursuant to Transportation Code, Section 201.103, and WHEREAS, the State and the City executed a Municipal Maintenance Agreement on _ and WHEREAS, the City has requested permission to install cameras on state highway rights-of-way to monitor compliance with traffic-control signals, hereinafter referred to as "Camera monitoring equipment", at the locations listed on Exhibit A.attached hereto and made a part of hereof; and WHEREAS, the State has determined that when the City's installation of camera monitoring equipment will not damage; the highway facility, impair safety, impede maintenance, or in any way restrict the operation of the highway, the proposed camera monitoring equipment may be installed by the City or its contractor; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as fellows: AMENDMENT ARTICLE 1. CONTRACT PERIOD This amendment becomes effective on final execution by the State and shall remain in effect as long as said camera rrmanitorig equipment is in operation at the described locations. ARTICLE 2. TERMINATION This amendment may be terminated by one of the following conditions: 2) By mutual State giving written notice to the City as consequence of failure by the City or its Y the contractor to satisfactorily perform the services and obligations set forth in this amendment, with proper allowances being made for circumstances beyond the control of the City or its contractor. The State's written notice to the City shall describe the default and the proposed termination date.. If the City cures the default before the proposed termination date, the proposed termination is ineffective; or MMA Amendment Page 1 of 4 August 24, 2006 3) By either party upon thirty (30) days written notice to the other. Termination of this amendment shall not serve to terminate the underlying Municipal Maintenance Agreement between the State and the City. ARTICLE 3. COMPENSATION No compensation shall be paid for this amendment. I ARTICLE 4. PERSONNEL, EQUIPMENT, AND MATERIAL A. The City will use labor and supervisory personnel employed directly by the City or its contractor, and use City owned or contractor owned machinery, equipment, and vehicles necessary for the work. In the event that the City or its contractor does not have the machinery, equipment, and vehicles necessary to perform the work, the machinery, equipment, and vehicles may be rented or leased as necessary. B. No reimbursement shall be paid for any materials supplied by the City or its contractor. C. Any adjustment, replacement, or reinstallation of the camera monitoring equipment due to reconstruction or alteration of the intersection shall be performed by the City at the City's expense. The State will work with the City to provide adequate notice of any planned work to allow for the necessary modification or removal. D. All installation or maintenance work performed by the City or its contractor requiring traffic control shall be performed in accordance with the Texas Manual on Uniforin Traffic Control Devices. ARTICLE a. INSPECTION OF WORK A. The City or its contractor will furnish the State a complete set of design drawings and installation plans for review. The installation plans shall include all electrical, electronics, signing, civil and mechanical work pertaining to the camera monitoring equipment. B. The State reserves the right to inspect and request modification of any camera monitoring equipment under this agreement both prior to and after installation, No installation may occur until the State has approved the proposed installation. C. The State reserves the right to inspect and approve the completed installation. D. The State will promptly notify the City or its contractor of any failure of. materials, equipment, or installation methods, and the City or its contractor will take such measures necessary to obtain acceptable systems components and installation procedures without delay. ARTICLE 6. RESPONSIBILITIES OF THE PARTIES The parties agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. The State shall not be held responsible for the operation (or non-operation) of the camera monitoring equipment or for any effect it may have. The City is responsible for any damage that may occur to state equipment during the installation, maintenance or operation of the camera monitoring equipment. The City is responsible for maintaining the camera monitoring equipment and related signing in good working order and keeping such equipment free from graffiti. ARTICLE 7. DE-ACTIVATION OF CAMERA MONITORING EQUIPMENT The State reserves the right to disconnect and remove camera monitoring equipment from the traffic signals should any problem arise affecting the State. The State will notify the appropriate MMA Amendment Page 2 of 4 August 24, 2008 City office of the de-activation of the -camera monitoring equipment. Upon correction of the problem, the City may reconnect the camera monitoring equipment. ARTICLE 8. INSTALLATION REQUIREMENTS The City or its contractor shall furnish and install all equipment related to the camera monitoring equipment installation. This includes, but is not limited to, camera equipment, camera housing and supporting structure, intersection lighting, vehicle detection system, communications equipment, electrical service and connections, roadway signing, and any interconnection with the signal. The-City or its contractor will be.responsible for all power costs associated with the operation of the camera monitoring equipment. Electrical connections made to the State's signal equipment shall be optically or otherwise isolated as approved by the State and shall not affect the operation of any component of the traffic signal system including both the signal controller and the conflict monitor/malfunction management unit. ARTICLE 9. REPORTS Upon written request, the City will be required to supply the State with data related to the operation of the camera monitoring equipment. ARTICLE 10. REMEDIES Violation or breach of contract terms by the City shall be grounds for termination of the amendment, and any increased cost arising from the City default, breach of contract, or violation of terms shall be paid for by the City. This amendment shall not be considered as specifying the exclusive remedy for default, but all remedies existing at law and inequity maybe availed of by either party and shall be cumulative. ARTICLE 11. INSURANCE Before beginning work, the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entitles working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately. ARTICLE 12. SUCCESSORS AND ASSIGNS The City shall not assign or otherwise transfer its rights or obligations under this amendment except with the prior written consent of the State. ARTICLE 13. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement 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 thereof and this amendment shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. MMA Amendment Page 3 of 4 August 24, 2006 I I ARTICLE 14. NOTICES 'Ali notices to either party by the other required under this amendment shall be delivered personally or sent by cerHed or U.S,-mall, postage prepaid, addressed to such party at the following res ective addresses; city: State: City of Denton Texas Department of Transportation . Attn: City Engineer ' Attn: District Engineer. 901 Texas St P.O.. Sox 133067 Denton, TX 76201 Dallas, TX 76313-3067 Alj notices shall be deemed given on the date so ddlivered or so deposited in the mail, unless otherwise provided' herein. Either party hereto may change the above address by wending written notice of such change to the other in the manner provided herein. ARTICLE 16. GOVERNING LAWS AND VENUE This amendment shall tie'construed under and in accoirdan+c with the laws of the State of Texas. Any legal actions regarding the parties' obligations under this agreement `must be filed in Travis County, Texas. . ARTICLE 16. PRIOR AGREEMENTS SUPERSEDED This amendment cor stl'tutes the'sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the pestles respecting within the subject matter. ARTICLE 17, REVISIONS TO EXHIBIT A Revision to the locations listed- in Exhibit A may be made If submitted' In writing by the Clty and initiated by both parties: ' Y d IR WITNESS 1NHEREt!!F, th6 Stake and the Cite have signed duplicate pounterpaft of this agreement. APPROVED AS a LEG ,,FORM: THE CITY OF DENTON ANIT R. ~ i1TT tNEY Executed on behalf of the City by: By: Date Hy Typed or Printed Name and Title Marls A Burroughs Mayor `THE STATE OF TEXAS Executed for the Executive director and approved for the Texas Transportation Commission for the purpose and effect of activating andlor carrying out#he orders, established policies or worts programs heretofore approved' and authorized by the Texas Transporta`hon Commission. 13y Date.... District Engineer MMA Amendment Page 4 of 4 August 24, 2{1x:}}6 AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 DEPARTMENT: Utilities ACM: Howard Martin, Utilities 349-8232~k~_, SUBJECT Consider adoption of an ordinance approving the Municipal Maintenance Agreement regarding the assistance of the State of Texas in the maintenance and operation of state highways within the city limits of the City of Denton, Texas by and between the city of Denton, Texas and the State of Texas, acting by and through its Texas Department of Transportation; providing the City Manager authority to carry out the rights and duties of the City regarding said agreement; and providing an effective date. BACKGROUND In general, an MMA is an agreement between a municipality and the State defining the limits of responsibility between the two entities for the maintenance of State Highway routes within the municipality. The last MMA between the City and TxDOT was approved in 1996 (refer to Exhibit 1). In response to the City's request to install red light enforcement cameras on the state highway system, TxDOT updated the existing MMA. The revised MMA (refer to Exhibit 3) must be approved by Council in conjunction with the Amendment to Municipal Maintenance Agreement for the Furnishing, Installing, Operation and Maintenance of Cameras on State Highway Rights- Of-Ways to Monitor Compliance with Traffic-Control Signals agreement (submitted for approval under a separate agenda item). Staff has reviewed the agreement and concurs with the conditions included therein. The agreement indicates which State Highways within the Denton City limits for which TxDOT will maintain the highways with respect to: 1. Base, surface, assistance in mowing, cleaning litter and in maintenance of roadway ditches. 2. Maintain the highway's base, surface and bridge classification strictures only. The agreement also lists the highways (or portions thereof) that are City maintained. In addition, the agreement includes general guidelines for the installation, modification or removal of traffic control devices (including, but not limited to, signs, markings and traffic control signals) within the highway right-of-way (ROW). FISCAL INFORMATION The City will continue to maintain the infrastructure of those State Highways agreed upon previously and so noted in the agreement. The only difference in sections maintained by the State versus those maintained by the City between the previous agreement and the current one was the addition of portions of Locust Street to be maintained by TxDOT, which they are already doing. In addition, the City maintains all traffic control signals within the City limits and is rebated an annual allowance per signal. PRIOR ACTION/REVIEW None OPTIONS 1. Approve the Ordinance authorizing the City Manager or his designee to execute a Municipal Maintenance Agreement (MMA) between the City of Denton and TxDOT. 2. Deny approval of the ordinance. RECOMMENDATION Staff recommends adoption of the Ordinance authorizing the City Manager or his designee to execute a Municipal Maintenance Agreement (MMA) between the City of Denton and TxDOT. EXHIBIT(S) 1. Original MMA with TxDOT. 2. Ordinance. 3. Revised MMA with TxDOT. Respectfully submitted: Frank G. Payne, P.E. City Engineer ~~`d ~ ~i o ~ u a.. 1 i i I i ' i i.. i ~ _ i _ ~ I i i ~ ~ ~ _ s.._.., ~ - ~ ~ d i i' ~w~. ~i 1 i,; r a r i A G P, :17, IL 4 d,. U. ~~s ~ ~ ~ ~ ~ ~ ~ ~ ~ ' ~ I i ~ i~ I i ~ ~ I I ~ ~ ~ I I ~ i ~ " I i i ~ ~ ~ , ' i I i I I i i I i i ~e i i ~ ~ ~ ~ ~ i i i ID• ~.~"F.:,.~, 1 , ~ i i,.=u ~ ~ i ~ ~ i i i a i. i ~ ~ ~ ~ ~ i i ~ i i i ~ j i_ i ~ ~ ? 'v'~ ~ 1u a ~ v v „ R. r _ ~ _ i J n ' i ~J ~ ~ i ,r, i i i ~ ~ ~ ~ I ~ i I i ~ i ~ i i ! i 1 I i I ~ ~ I ~~1, ~ li ~ i. _'.i i ~ ~ - .m _ i i_.~ i i! I. l i 'k ;3, i u~ ~ ~ i i I ! I ' I t p I I W i Ell" H ~a~ i ~ i r ~ u G r^ i 3. i i ~ 1". ~3~L: ~ ~ ~ i ~ ~ w .~~u N,' i m. i 3 i1- 7 7, ORDINANCE NO. 2009- AN ORDINANCE APPROVING THE MUNICIPAL MAINTENANCE AGREEMENT REGARDING THE ASSISTANCE OF THE STATE OF TEXAS IN THE MAINTENANCE AND OPERATION OF STATE HIGHWAYS WITHIN THE CITY LIMITS OF THE CITY OF DENTON, TEXAS BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE STATE OF TEXAS, ACTING BY AND THROUGH ITS TEXAS DEPARTMENT OF TRANSPORTATION; PROVIDING THE CITY MANAGER AUTHORITY TO CARRY OUT THE RIGHTS AND DUTIES OF THE CITY REGARDING SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 311 of the Transportation Code provides the City of Denton exclusive dominion, control and jurisdiction over and under the public streets within its corporate limits and authorizes the City to enter into agreements with the State of Texas to fix responsibilities for the maintenance, control, supervision, and regulation of State highways within and through the City's corporate limits; and WHEREAS, Section 221.002 of the Transportation Code authorizes the State, at its discretion, to enter into agreements with cities to fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through the corporate limits of such cities; and WHEREAS, the State of Texas acting through its Executive Director of the Texas Department of Transportation ("TXDOT") has made it known to the City that the State will assist the City, and will offer the City assistance in the maintenance and operation of State highways within the City of Denton; and WHEREAS, the City Council has read the proposed "Municipal Maintenance Agreement" (hereafter the "Agreement") by and between the State of Texas and the City of Denton, Texas and finds that this Agreement is in the public interests of the residents of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as if fully set forth herein. SECTION 2. The Municipal Management Agreement, attached as Exhibit "A" hereto and incorporated by reference herein, is hereby approved, and the Mayor or the Mayor Pro-Tempore is hereby authorized to enter into that Agreement on behalf of the City of Denton, Texas. SECTION 3. The City Manager is hereby authorized to carry out the rights and duties of the Compliance with Traffic Control Signals," attached as Exhibit "A" hereto and incorporated by reference herein, is hereby approved; and the Mayor or the Mayor Pro-Ternpore is hereby authorized - to enter into said Amendment on behalf of the City of Denton, Texas. . ~ ~ _ SECTION 3. The City Manager is hereby authorized to carry out the rights and duties of the City under said Amendment. ~ ~ ~ . ~SECTI~N 4. This ordinance shall become effective tmmed~ately upon its passage and approval, ~ ~ - ~ . PASSED AND AP~PR~VED this the day of ~ , 2009. . .MARK. A. BURRGUGHS, MAYGR ATTEST: JENNIFER VL~ALTERS, CITY SECRETARY By:. ~ APPROVED AS TO LEGAL FARM: ~ ANITA BURGESS, CITY ATTORNEY ~ _ By~ . -  ~ ~ A ~ ~ i a 1 ~3 8 e~~ ~~~~o~-~ F~ 1~CIP ~T~AN~E ~I~~NT ~e~r,t ~rrrr~ TAT ~ T~ ~ ~I'T~Y TRA'~i TATS ~GR~E~T made this day of by and between the Site of Texas, hereinaer referred to t~~e `=State," party a~ the first part, and ~e City of Denton 1]entan ounty~ 7"eas ~popuiat~an 8~ ~~7 ~ Iate~t Federal Cen~us~ acting by anal through its duly antl~ari~ed af~"~cers~ hereinafter galled the "City, party af~ie second pert. . IT~ESET~ ~REA~, Chapter 311 of the Tsportati~n Cade yes the City e~ciusi~e dominion, control, and jurisdictiar~ aver and under the public street within its corporate limits and authorizes the Cif to enter agreements with the state to fix respaibilities far maintenance, control; su~ervisianx and regulation of State hi~hays v~ifihin and through i corporate litsF and - . Section 1 ~~q of the '~ransportat~on bode authari~es tl~e State, at its d~scretian, to eater agreernel~ts v~ith cities to respansil~ilities for maintenance, eontro~, super~isian, and regulation off` Stag higl~v~ays w~tl~in and tl~raugh the corporate Iimits of such cities; and S, the F~~ecutlve ~1T~Gt~£x acting for and to behalf of the Teas 'ranspor~at~on Camn~.~~lOn, IlaS made it kna~n to the pity that die state v~i~l assist e pity in the rnaintenan~e and operation of State hi~l~v~ays r~ithin st~eh City, conditioned that the pity ~vitl enter into agreement with the State fcr the purpose o~ deterrnining tl~e responsihiiities aftlie parties therdto; and ~~R~S, the pity h requested the State to assist ire the ~ma~nt~n~nce and aperati~n ❑f State high~~ays ~vith~n ~ucl~ pity: - N~= T~~F~~, in cansidera~.on of the premises and of .e mutual covenants and agreements of the parde~ hereto to he by there tespecti~ely ltept and perfarrned~ it is agreed as f~ilo~~s: Far this agreement, the use of the v~ards "state ~igh~vay#' shali be construed to mean alI numbered l~igh~~ays that are part of tl~e State's ~igha~r System. F~.g~ ~ ~~S  l ~~~~ir 1, 'his agreenaer~t is intended to cover and pro~.de for Mate par~icipa~.an ~ e maintenance anal operation of the follat~ng ~lass~~.cations of Mate ighwas within the City A, ~on~ontrolled Access highways or port~or~s thereof which are de~bed ar~d~or graphic~.ll ~ `state Maintained and operated" highways in l~lu~bit "~1," which is attached here and made ~ part hereof. All state highv~ays or pardons thereof which have been designated by the Texas Tranpartutinn an~nissian or maintained and operated as Cnntrnlled Access ~I%ghways and which are deshed and~or grapl~call~ shvvrn in >~xhi~hit which is attached hereto and rnade a part hereof. ~ the e~~rent that the present system of Mate highways vthi~ the ~ is changed by cancellation, modified rauting~ or new mutes, the Site will terminate tnainter~ance and operation and this ae~nent will hecc~ne null and void on those portions of the highways which are no longer nn the Mate k~ighway ystern# and the full effect and all nditians of this agreement w~.Il apply to the changed highways or new highways on the Mate highway stem within the City; and they shall be classified a~ "Mate Maintained and Cperateds' . under paragraph ~ aov~, unless a execution of a new agreement on the changed or new portions of the highways is requested by either the City or the Mate, . ~~chibit~ that are a part of this agreement nlay he exchanged with both parties written concurrence. additional exhibits nay also he added wig bath parties= written ~ancurrence. ~R,► ~1I'~I~1~ I, The City authari~es the State to ~nainfnin and ope.te the Mate highways covered by this agreement ire the n~anncr set out herein. Ts agreement is between a Mate and ~e City only. o person or entity may a1a third party beneficiary status under this contact ar any of its provisions, nor nay any non-party sue for personal injuries ar prol~~ damage under this contract, This agreement is for tine purpose of dung the authority and responsibility of both parties faz . msintenance and operation of State highways through the City. agreement shall supplement and special agreements between tlae . Site and the City fog the maintenance, opera~or~, and~ar cans~xuction of the Mate highways covered herein# and this agreement shall supersede any existing Municipal Ma~.tenance Agreements, Trac regulations, including speed limits, will be established onl~► aver tic and en~ineering studies have been completed by the State nor City and approved by the State. l~~eof8  I . T~.e State will erect ar~d maintain ail f~c signs and aaaociated pavement rnarl~ngs necessary regulate, . warn, and guide traffic on Mate highways within the State riht~f ~a~ except as xner~aned th~~ paragraph and elsewhere in his agreement, At the inter~ec~ons of a~~syste approaches t~ `tote highways, tie pity shall ,stall and maintain ail stag signs, yield signs, and Qne ~va~ gins and and necessary atop ar yield bars and pede.an crosswalks outside tl~e main lanes or auts~de the frontage roads, if such. exist. The pity shall install and maintain all street name signs except for those ruaunted on State maintained f~a~ic sigmal poles or arras or special advance street name slgna on eta#e right~~~a~, All nee signs installed by the pity- an Mate right o~~way shall meet or e~tceed the latest State breakaway standards and be ire accordance with ~e a~~~ra~ ~~~r ~"~-c~. 'ar~~ro~ ~e~~~e~, latest edition and revi~sian.. All est~g signs shall be upgraded on a rnainter~ance replacement basis to meet these requirements. Subject to approval by the Mate, ar~y Mate highway ligh~ir~g ~yste nay be installed by the pity prnded the pity shall pay cr titherwise provide far all cost of installation, maintenance, and op~a~on except in those installations specifically covered by separate ag~een~er~ts between the pity and State. Tile pity shall enforce the Male laws governing the movement of loads which exceed the legal limits for weights length, height, or width as prescribed by chapters G? I, and G~3 of the Tranportativn fade for public l~ghways outside carpnrate limits a~ cues. The pity shall also, by ordinancelresalution aid en~~rcementa prescribe and enfcrce lower weight limits when mutually agreed by the pity and the State that arch res~rictinns are needed to avoid damage to a highway and~or ~'ar trac safe. $i The pity shall prevent future encroach~nenta within the right-off'-~va~ of the Mate highv~a~s end assist in removal of any present encroachments when requested by the Mate except where specifically authorid by separate agreerner~t~ and praln`bit the planting of trees ar sh~bber~r nr the creation ❑r cor~s#xuction o~ any other obstruction. within the right o~ way without prior approval ~ writinng from the Mate, 9. Trac contxal deices such as signs, tae signals, and paven~nt n~arlangsa with respect to type of device, points old installa~on and necessity, will be detern~i7ued by 1xaic and eng~eering studies, The pity shall not install, maintain, ar permit the insfallatian of any type of traffic con~ol device which will affect ar influence the use of State highways unless approved ~ writing by the State. Trac cantioi devises installed prior to the date of this agreement are hereby made s~ibject to the terms ot~ this agreement and die pity agrees to the rernovai of such devices which affect ar in~uenee the use o~ S.te highways unless their continued use is approved in Ming by the Mate. 1t xs understood that basic approval for fixture insllations aftrafe cane signals by the Mate or as a joint project with the pity, will be indicated by the proper pity official}s signature on the title sheet of the plans. both parties ~hauld retain a copy of the signed title sheet ur a letter signed by bath garden acl~nowledg which signalised intersections are covered by this agreement. Any special requirements not covered 'this agreement will be covered under a separate agreement. I~ew cons~uctian of sidewallca, ramps ar other accessibility related items ball comply with current ADA standards. The city is responsible far the maintenance ❑f these items. ~ag~ 3 of S  i 1 the ~ has a dxiveway permit process that has been submitted to and approved by the Mate, the pity wild issue per~.ts for access d~-iveays on Mate highway routes and will assure the grantee"~ conformance, for proper i~sta~~st~on and maintenance a~ access drive~tay facilities, with ether a weal ~acess l~ianagerrxent flan that the ~ has adopted by Qrdlnar~ce and subi#~ed to the State ar, the ~ has not adafied by ardi~ance and subn~tted to the State a Racal .cress anagemeut Plan die Mate's "Regula.ons far Access Dri~ewa~s to State ~ighways~' and the tate~s access anageYnt l~f a~nual. ~fthe pity does nafi have an approved c~ .fie drive~va~ pern~~ pro, the Mate i~1 ~s~u~e access dri~ea~ pe~i an tste hlgl~way routes in accordance with t1~e i4s Local Access anageinent plan, adapted by city ordinance and ~ubrnitted to the Mate ar, i~ the pity has nvt adapted by ordnance and subn~tked a Laval recess ~nagerrient Flan, the ta#e's ~'~egulatians for access I~r~veways to Mate ~ghways" and the Mate's Access Management ~nua~. 1 The use of unused r~ght~-v~ay and areas beneath six~~tures 1~ he ~et~ed h a sedate agreement, i 'rhe follov~n~ specific cond.~hans and repanstb~l1~es shall be applicable to non-controlled access State highways in addition to the "general ~anditia}' contained herein above. I~~n-con~alled access Mate ~'ghways i ar portions thereof covered by this sedan are those listed and~nr graphically shown ~hibit Mate's ~espansihlllti~s ~1on-ontrnlied A,cccss} 1. a~ntain the traveled surface and ~aundatian beneath such traveled space necessary for the proper suppa~ of same under ve.cular loads encnvntered and rnaintain the shoulders. list in rnow~n and litter pickup to supp~emer~t pity resources when requested by the ~~ty and ilk Mate resources are available, 3, Assist in sweeping and afiherise cleaning ~e pavement to supplement pity resources when requested by tiie ~i and Site resources are a~railable. 4, Assist in sn~a~r and ice control to supplement pity resources when requested by the pity and if Mate resauxces are available. 5. ~ ai~n drainage facilities within fine lints of the ght~a~-may and Mate drainage ea~emer~t~. phis does not relieve die pity o its respons~~biXify for drainage of the State highway facility within its cerparate lxrnits. lnstall~ tnainta~n, and opete, when required, normal regulator, warning and guide signs and normal rl~n.gs except as provided under "eneml onditians" in paragraph Try cues with less ~ papulatian~ this also includes school safety devices, school crasswanc, and crasswals installed ~n con~€~nction with pedestrian signal heads. This does not include other pedestrian crossways. Any ether trafi"tc striping desired by the pity mad be placed and mahztaxned by the City subject to written Mate appra~ral, Page ~  I IN WITNESS VaWi REOF, the parties have hereunto affixed their signatures, the City of on the day ofm~ , 20_, and the Texas Department of Transportation, on the day of 20_. ATTEST: THE STATE OF TEXAS t Executed and approved for the Texas Transportation Commission for the purpose and effect of activating CITY OF DENTON and/or carrying out the orders, and established policies or work programs heretofore approved and authorized by the Texas Transportation Commission BY (Title of Signing Official) BY District Engineer Dallas District APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTO EY By: The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request to be informed about the information that we collect about you. Under Sections 552.021 and 552.093 of the Texas Government Code, you also are entitled to receive and review the information.. Under Section 559.004 of the Government Code, you are also entitled to have us correct information about you that is incorrect. For inquiries call 512-410-3048. NOTE- To be executed in duplicate and supported by Municipal Maintenance Ordinance/Resolution and City Secretary Certificate. Page 8 of 8 WHIT 'W' 4 i LEA( A . ; AINE 1. S(f 3 FIST IN MOWING, OF R0t,[ l E C ` ) STATE N,',,A!N FAINELr_' E, ~CI AND RIDGE .J7%, "T ,INF-) F.XHBIT "K NON CONTROLLED ACUSS HIGHWAYF, i 4 F Il LEGEND TE MAI~,T.'-i ~ DI7 MAINTAI I J' ONI ~ C` T"Y MA)NTAINE. ) k. I , . F Ili f;j~~ ON"(ROI CU,, A 5 HK f i I f b i ~d LEGEND S-~ A I E MAN All This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 DEPARTMENT: Electric Utility ACM: Howard Martin, Utilities, 8 SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Third Amendment to Agreement for Professional Legal Services with the law firm of Walker Sewell, LLC. for Professional Legal Services relating to litigation styled: Ex Parte Texas Municipal Power Agency, Cause No. D-1-GN-08-003426, pending in the 126th Judicial District Court in and for Travis County, Texas; Ex Parte Texas Municipal Power A e~ncy - II, Cause No. D-1-GN-08-3 693, pending in the 261St Judicial District Court in and for Travis County, Texas; and the litigation styled Texas Municipal Power Agency Plaintiff vs. C of Bryan, Texas, Defendant, Counter-Plaintiff and Third-Party Plaintiff, vs. City of Denton, Texas and the City of Garland, Texas, Third-Party Defendants, Cause No. 28,169 pending in the 506th Judicial District Court in and for Grimes County, Texas; authorizing the expenditure of funds therefor; and providing an effective date ($50,000 additional fees for a grand total of $445,000). The Public Utilities Board recommends approval (5-0). BACKGROUND The law firm represents the City of Denton with regard to TMPA litigation that began in September 2008. Thus far the litigation has been in three Texas counties. The initial position was that the City of Bryan (a TMPA member city) sued not only the separate entity TMPA, but also the three Northern Cities. One of the lawsuits in Travis County, Texas involved the validation of approximately $434 million of TMPA bonds. That case has been tried and is pending final judgment. The City of Bryan, Texas, took the position that it strongly opposes validation of any of the bonds. The City of Bryan has also interestingly enough stated in open court that they "want a divorce from TMPA." Inmid-September 2008 the City of Bryan initiated litigation on several fronts, including as parties, for the first time, the three Northern Cities of TMPA (Denton, Garland and Greenville). These multiple fronts dealt with tort claims against the three Northern Cities, conspiracy claims, derivative claims brought on behalf of TMPA, as well as Bryan filing pleadings as across-Plaintiff in the previous 1997 Grimes County collection case, which was formerly only between TMPA and the City of Bryan. That case had just been decided and mandated by the Texas Supreme Court in July 2008, after eleven years of litigation between TMPA and Bryan. There is much work that still needs to be done with regard to defending the City of Denton as a defendant and across-defendant, as well as protecting Denton's 21.3% interest in TMPA. Advancing and maintaining our position and completing the discovery in an expeditious manner, in multi-county litigation, has kept our outside law firm very busy. Denton is steadily moving forward in these cases and the bond validation case is now involved with court-ordered mediation. OPTIONS 1. Approve the Third Amendment as is. 2. Approve the Third Amendment in some lesser amount. RECOMMENDATION The City Attorney and DME recommend approval of the Third Amendment as is. PRIOR ACTION/REVIEW (Council, Boards, Commissions) PUB initially unanimously approved the original NTE $90,000 PSA and recommended that the City Manager approve it as it was within his delegated authority; this PSA was approved by the City Manager on September 22, 2008. The Public Utilities Board then unanimously approved the First Amendment to PSA and recommended that the City Council approve it, in the further NTE amount of $105,000; the City Council approved that First Amendment by Ordinance No. 2009-058. The PUB has considered the Second Amendment in the additional amount of $200,000 (aggregating a total of $395,000) at its May 18, 2009 meeting and unanimously approved it: recommending that the City Council approve it. The City Council approved that Second Amendment by Ordinance No.2009-127. The PUB reviewed the Third Amendment Agreement at their closed session meeting on August 24, 2009 and recommend approval in the open session by a vote of 5-0. The City Council will consider this Third Amendment for an additional amount ofnot-to-exceed $50,000 (aggregating a total of $445,000) at its October 6, 2009 open meeting. EXHIBITS 1. Third Amendment to Agreement for Professional Legal Services 2. Proposed Ordinance Respectfully submitted: Phil Williams General Manager Denton Municipal Electric Prepared by: Michael S. Copeland. Utlllty Attorney ii~T~?} ITS ]]I~T~I~, T~~ A T~ca~ 1V~~r~i~ipa~ orp~~~~ion By; ~~R~ . APB~LL ~IT~ ~A~R ~TTET: T~1~"ER ALTER, ~T~ ~RETA~ B~F '~~ED A T LE~L FOVI: AI~IT~ BU~E ~T ATT~Rl 5 4 . ~ ~ 4 "~~ItTLTAT" AL~~ EELL, LLB. Tx~ Lii~ed Liabtli~ Partn~rhi ~ AL~~, Partrier ~RDINANE NV. 1~a- AN INANE ~F TI; IE IT ~~C.1NIL ~F TIE ITS DEI~T~ TES A.UT~~~I~IN TIC ITS iVIANAE T~ EE~TE A T~II~D A~NDENT T~ AIE~NT FAR PR~FE I~NAL LEGAL ERIE ~vIT~ TAE LA~v FILM F ~vALE~ EELL, LLB PR~FEI~NAL LEGAL SEvIE RELATIl~r T LITIATIN TLED: E PATE TEA M~UNIIPAL PEER A~ENY, AU D~1~~TN~~Bw~~~~, PENDING IN TIE l~'rl-~ JUDICIAL DITRIT ~U~T n~ AND TRAVIS LINTY, TEA; E PASTE TEA ~IIPAL PEI AEN ^ II, AUE D~I~N~~S-3~~~, PENDING IN TAE ~Is~r ~UDIIAL DITIT ~U~T IlV ~ TRAVIS L]NTY, ~ T~ LITIATI~ T~LED TEA l1~UNIIPAL P~~vE AC~EN~Y P~~'~~~' CITY DF EYAN, TEAS, ~ ~4D P~~~~I , CITY DENTIN, TEAS AND TREE CITY BLAND, TEA T~I~D-~R~~ D.~.. CAUSE ~8I PENDING IN TIE ~UDIIAL DISTRICT ~~URT IN AND F~I~ IIVIE ~~UNT, TEAS; AUTI~~~I~IN TIDE EENI~ITUI~E ~F FUNDS TI~IF~R; AND PI~v~DIN AN EFFECTIVE DATE. v~~A, the pity ~auncil deems it necessary, appropriate, ar~d i~ tlae public interest to continue to engage tl~e lam Firm a~ all~er Bell, LLP, Dallas, Texas to provide further professional legal services rclating to the above numbered ar~d entitled Ittigat~on, ~ well as other TIPA related litigation issues; and ~IE.EA, tl~e pity ll~anager, itl~in his delegated authorityx has previously approved e original Agreerr~ent far Pro~essianal Legal services with the Firm in the amount not-ta- exceed ~~,~a~ an epten~ber effective from and after September l ~~a8; then after litigation and related matters ~naved forard, the pity auncil, b ordinance Na. ~~~9-~~~ approved the First Amendment to Agreement far l'rafessional Legal Services with the ~"ir, an the 3r~ dad o~ l~Iarch, ~a~9 in a further amount not-to-exceed an additional l a5,0~D, totaling a not-ta-exceed aggregate of 1 ~~,aa~; and an the dad of dune, ~a~, the City auncil~ b ordinance Na~ ~~~-17, approved the Second An~endn~ent to A~ree~nent fQr Professional Legal Services in the further amount of not-to»exceed ?~O,aa~, totaling ~~S,~Qa ire e aggregate; and SEES, it to has reported to the its auncil that nova t~vo of the lawsuits brau~ht by the ~it~ of ~r~an, Texas have been disrnissed~ and the band validation la~rsuit in Travis ount~ has been tried, and a Judgment i no~v pending in that case. There is a continued and substantial need for the ~icrelr~abave described profe~ional legal services, and that limited its staff ca~u~~t adequately perform the Iegal services nth its oven perannel considering its complexity and the diverse locations of the eases; and Staff hereby recommends that the it council enter into a Third Amendment t~ Agreement for Professional Services ~~`Third Amendment"} far a further amount, not to exceed an additional ~a,a~a, totaling an aggregate of ~~~,~~a~ and ~IEREAS, an the dad ~f Augusta ~~a9 the Pr~blic Utilities Eaard una~i~nousl~ approved the Third An~endn~ent to Agreement far Professional Legal Services, b a vote ~-a; and  I ~R., chapter of the Teas ~overnn~ent fade, l~no~vn as the "Professional services Procuren~er~t Act," generally provides that a city nay not select a provider of professional services on the basis of competitive bids, but must select the provider of professional services on the bass of demonstrated competence, l~noledge~ and qualifications, and for a fair and reasonable priced and the pity council hereby finds and concludes that all~er cell, LLP is appropriately qualified under the provisions of the lam to continue to be retained as outside legal counsel for the itya and ~e pity council lass provided the pity budget for the appropriation of ids to be used for e procurement of the foregoing professional legal services, as set forth in tb. Third Amendment; N~~ TPIEREF~, T~ C~~~L T~ QTY ~F ~ENT~N IREBY RDAI: ETI~N l : Tie recitations in the preamble are true and correct and are incorporated by reference here~vitl~ as a part o~ this ordinance. TIC ? : The 1ty iVlanager 1s hereby authorl~ed to execute a "Third Amendment to Agreement for Professional Legal services'' the "Third Amendment"} v~ith the lave firm of aler ev~ell, LLP of Dallas, Teas for continued professional legal services in the further nat- t~-exceed amount of ~~,D~~~ which aggregate not-ta-exceed r~la~ing to above numbered and entitled litigation, and m other related TPA actrvltles, in substantially the form of the Third Amendment attached hereto a ~hibit ~~A" ar~d incorporated herewith by reference. ~~TI~~ The award ~f this Third Arner~dment is ~n ~e basis a~ the demonstrated oon~petence and qualifications of all~er cell, LLP and the ability of all~er erell, LLP to continue to perfarrn the professional legal ser~rices needed by tl~e pity for a fair and reasonable pace. E~TI~I~ The expenditure of funds as provided in the attached Third Amendment to Agreement for Professional Legal services is hereby authorised, and tkie previous expenditures regarding this litigation are hereby ratif~ed~ confir~aed and approved. TI~~ This ordinance shall be confirmed, ratified and effective from and after June 1, ~therise, ibis ordinance shall become effective immediately upon its passage and approval. PA~~] AI APPOD this the day of , IVIAR~ A. A~~ YY 1 ll~ L~~ 1 1 A~VIT~ ~E ~"~R~ B~. AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 DEPARTMENT: Electric System Operations ACM: Howard Martin, Utilities, 349-823 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional and Personal Services Agreement with KEMA, Inc., a corporation for examining for TRE/NERS Regulatory Compliance of the Denton Municipal Electric System; authorizing the expenditure of funds therefor in the amount not to exceed $169,580; and providing an effective date (file no. 4412). The Public Utilities Board recommends approval (5-0). BACKGROUND Today, DME is registered with NERC as a DP (Distribution Provider) and at this time, there are fourteen (14) actively monitored NERC Standards. With the construction of the RD Wells Substation and the addition of the new 13 8KV line built by DME to energize the station, the Compliance Registration for DME will be upgraded to three new additional registration functions. These three new additional registrations, LSE (Load Serving Entity), TO (Transmission Owner) and TP (Transmission Planner) will place DME under ninety seven (97) new actively monitored standards to be in compliance with or be subject to fines and sanctions by both the THE and NERC. DME staff members from Engineering, Administration, Substation & Transmission, Metering and System Operations have met with KEMA and have completed an Audit Assessment. DME Staff members have also solicited the recommendations of other City entities (City of College Station and the City of Bryan) that have completed their due diligence in search of Professional Services and have successfully passed audits with the THE and NERC with the assistance of KEMA's services. DME will be required to register with the THE and NERC as an LSE, TO and TP prior to adding additional load to the RD Wells station and the completion of the new tie line from RD Wells substation to the Hickory substation. The timeline for KEMA to bring DME into full compliance with the THE and with NERC will be the end of December, 2009. RECOMMENDATION Based on the proposal from KEMA and the fact that College Station Utilities has recently awarded a contract for the same services in response to a Request for Proposal, DME staff recommends awarding a contract for Professional Services to KEMA as our Compliance Consultants for $169,580. PRIOR ACTION AND REVIEW The Public Utilities Board discussed this item at their September 28, 2009 meeting. The Board recommends approval by a vote of 5-0. FISCAL INFORMATION The project will be funded under account number 600202.7899.5880A. EXHIBITS 1. Proposal for KEMA TRENERC Compliance Consultant, KEMA Proposal No. 09-1851 for Denton Municipal Electric. 2. Ordinance 3. Agreement 4. PUB Meeting Minutes Respectfully submitted: Phil Williams DME General Manager Prepared by: Jeff Morris DME Operations Division Manager TRENERC Compliance Consultant . z . r :~,w III i r 1 df s m Prepared for: Denton Municipal Electric, Denton, Texas KEMA Proposal No. 09-1851, Chalfont, Pennsylvania, August 28, 2009 Experience you can trust. Copyright © 2009, KEMA, Inc. The information contained in this document is the exclusive, confidential and proprietary property of KEMA, Inc. and is protected under the trade secret and copyright laws of the U.S. and other international laws, treaties and conventions. No part of this work may be disclosed to any third party or used, reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system, without first receiving the express written permission of KEMA, Inc. Except as otherwise noted, all trademarks appearing herein are proprietary to KEMA, Inc. Experience you can trust. Table of Contents 1. Qualifications and Experience ............................................................................................1-1 1.1 Introduction ................................................................................................................1-1 1.2 Proposed Staff ...........................................................................................................1-2 1.3 KEMA's Qualifications ...............................................................................................1-3 2. Rates and Expenses ...........................................................................................................2-1 3. Project Timeline ..................................................................................................................3-1 4. Scope of DME's NERC Compliance Program ....................................................................4-1 4.1 Our Understanding of DME Needs ............................................................................4-1 4.2 Define and Document DME's Compliance Program .................................................4-1 4.2.1 Develop and Prepare a Compliance Manual .................................................4-1 4.3 Design and Populate Data in a Compliance Database .............................................4-3 4.4 Develop Policies, Procedures, and Forms for Cyber Security Compliance ...............4-3 4.5 Develop Operating Processes and Procedures as Required for Objective Evidence as well as Maintaining Objective Evidence of Compliance .....................................4-4 4.6 Develop Compliance Procedures Required to Monitor On-going Compliance 4-6 4.7 Assist in the Identification and Cataloging of the Objective Evidence .......................4-7 4.8 Perform a Mock Audit for Testing the Compliance Readiness ..................................4-7 5. References ..........................................................................................................................5-1 Appendix A - Compliance Manual Table of Contents Example ................................................5-1 Appendix B - KEMA Resumes .....................................................................................................1 List of Tables: Table 1-1: KEMA Personnel ......................................................................................................1-2 Table 2-1: Compliance Program Estimates ...............................................................................2-1 Table 3-1: Compliance Program Schedule ................................................................................3-1 Denton Municipal Electric August 28, 2009 THE/NERC Compliance Consultant KEMA Proposal No. 09-1851 Table of Contents List of Exhibits: Exhibit 4-1: Process Manual Hierarchy ......................................................................................4-2 Denton Municipal Electric August 28, 2009 TRE/NERC Compliance Consultant KEMA Proposal No. 09-1851 d 1. Qualifications and Experience 1.1 Introduction KEMA, Inc. (KEMA) is pleased to offer this proposal to the Denton Municipal Electric (DME) to ensure that DME conforms to the NERC reliability standards. This proposal is based upon our understanding of DME's request for proposal for THE/NERC Compliance Consultant. KEMA is a global management and engineering consulting and systems integration firm, with over 1,300 professionals focused exclusively in the Energy and Utility Industry. We have built our reputation by offering our clients deep subject matter expertise, innovative solutions to complex business and technical challenges, independence and objectivity, and strong advocacy in the regulatory, legislative and customer arenas. KEMA, Inc., headquartered in Burlington, Massachusetts, has approximately 500 persons based in North America focused on serving the energy services industry. We have special strengths in the areas of utility management consulting, asset management, transmission and distribution engineering and testing, and consulting for control and operational center systems infrastructure, telecommunications, cyber security, and substation automation. We are the world leader in providing these services to electric utilities and have assisted more than 85% of the major electric utilities in North America. In addition, we have provided a range of operations support services that include policy and procedures development and staff training. KEMA, Inc. is a wholly owned subsidiary of KEMA NV, headquartered in Arnhem, The Netherlands. KEMA NV is a 1,700-employee technical services company independent of any vendor alliance. Denton Municipal Electric August 28, 2009 THE/NERC Compliance Consultant KEMA Proposal No. 09-1851 d 1.2 Proposed Staff The staffing for this project is based on individual KEMA staff expertise and availability. Depending on the project schedule and subject to DME's approval, the consulting team includes the following consultants. Other KEMA consultants may be called upon for specific expertise as needed throughout the project. Table 1-1: KEMA Personnel Compliance Program KEMA Personnel Name Title Project Role Raymond Gilby Principal Consultant Project and Team Lead Steve Dunning KRQ Principal Consultant Compliance Manual The final selection of the team depends on project start time and availability of staff at time of contract award. Resumes of the above staff are contained in Appendix B. The following are brief biographies for the proposed project staff members: Raymond Gilby has over 30 years of experience in real-time computer systems. Since 2006, Mr. Gilby has concentrated on working with utilities in assessing, mitigating and setting up programs for NERC compliance. Prior to that, he concentrated on tasks associated with the transition to ISO mode of operation, which includes ISO interfaces, settlements, and modeling (LSEs & Gencos). His technical experience includes system design and development, application design and development, and project management of system integration, testing and commissioning. Mr. Gilby's administrative functions include writing specifications and proposals, negotiating vendor contracts, managing system start-ups, and hiring and supervising teams of technical and engineering personnel. Steve Dunning Steve Dunning has over 30 years experience in the Chemical Process, Equipment Development and Fabrication, and Medical Device Development and Manufacture industries. Functional experience includes design of manufacturing facilities, development of processes and products, management of operations, and management of technology development and transfer, as well as implementation and direction of customer service support and field service organizations. Denton Municipal Electric 1-2 August 28, 2009 THE/NERC Compliance Consultant KEMA Proposal No. 09-1851 d 1.3 KEMA's Qualifications Compliance experience: KEMA Registered Quality, Inc (KRQ) is a division of KEMA that offers certification to management system standards such as ISO 9001:2000, AS 9100 and TL 9000 as well as Environmental and Health and Safety Standards such as ISO 14001 and OHSAS 18001. Even though the concept of a self-sustaining Compliance Program to address NERC's Standards is relatively new, KEMA's Quality Management System Auditors are experts in assessing process compliance to the international standards above as well identifying areas for improvement in these processes. Using KRQ's experience in auditing and improving compliance programs along with KEMA's knowledge of power company operations, KEMA is well suited to utilize this knowledge in defining DME's Compliance Program. NERC Compliance Program Experience: KEMA Inc. along with KEMA Registered Quality, Inc. (KRQ) have defined compliance programs for Imperial Irrigation District and Lower Colorado River Authority. A compliance program similar to the one proposed here is also in-progress at Bryan Texas Utilities and City of College Station. Denton Municipal Electric 1-3 August 28, 2009 THE/NERC Compliance Consultant KEMA Proposal No. 09-1851 d 2. Rates and Expenses KEMA proposes to conduct the Compliance Program planning and implementation tasks on a time-and-materials not-to-exceed basis and that any of the activities to be performed by KEMA must be approved by DME's Management prior to the work being performed. KEMA is estimating $169,580 for the eight tasks defined below given what we know today. Raymond Gilby will be KEMA's Project and Team Lead and will use KEMA and KRQ resources when appropriate with the approval of DME's Management. Expenses will be billed at cost. Invoicing will occur monthly and will be payable on a net 30 days basis. Table 2-1: Compliance Program Estimates Com liance Pro ram Estimates Task Hours Qt Cost Trips Travel Total Compliance Manual 80 1 $19,200 2 $3,000 $22,200 Document each Process 12 19 $54,720 3 $4,500 $59,220 Cyber Documents 8 2 $3,840 0 $0 $3,840 Compliance Procedures 8 5 $9,600 1 $1,500 $11,100 Compliance Database 24 1 $5,760 1 $1,500 $7,260 Objective Evidence 80 1 $19,200 2 $3,000 $22,200 Procedure Training 8 3 $5,760 1 $1,500 $7,260 Mock Audit 120 1 $32,000 3 $4,500 $36,500 Total not to exceed price $150,080 $19,500 $169,580 Denton Municipal Electric 2-1 August 28, 2009 TRE/NERC Compliance Consultant KEMA Proposal No. 09-1851 d 3. Project Timeline The following schedule assumes an October 5, 2009 start. DME's associated activities for each task are documented below. Table 3-1: Compliance Program Schedule Timeline Proposed Task Completion Produce Compliance Manual (Final Draft) Dec 18, 2009 Create Compliance Database in SharePoint Dec 18, 2009 (Populated with assessment database) Document Hi Priority Operating Processes and Procedures Dec 18, 2009 Document lower Priority Operating Processes and Procedures Q1 2010 Document Compliance Program Procedures Q1 2010 Produce Cyber Documentation Dec 18, 2009 Populated Compliance Database Q1 2010 Mock Audit Q2 2010 When possible and feasible, as many review sessions as possible will be conducted via the web according to a mutually agreed schedule to minimize the above travel expenses. Denton Municipal Electric 3-1 August 28, 2009 TRE/NERC Compliance Consultant KEMA Proposal No. 09-1851 d 4. Scope of DME's NERC Compliance Program 4.1 Our Understanding of DME Needs Based on our understanding of DME's NERC compliance status, KEMA is proposing a comprehensive and cost effective process that will provide a Self-Sustaining Compliance Program. Activities required to achieve this are: 1. Develop and prepare a Compliance Manual that documents DME's Compliance Program 2. Design and populate a compliance database for monitoring DME's compliance 3. Develop policies, procedures, and forms for cyber security compliance 4. Develop operating processes and procedures as required for objective evidence 5. Develop operating procedures to accommodate maintaining objective evidence of compliance 6. Develop compliance procedures required to monitor on-going compliance 7. Assist in the identification and cataloging of the objective evidence 8. Perform a dry-run of a TRE audit for testing the compliance readiness 4.2 Define and Document DME's Compliance Program KEMA is uniquely qualified to assist DME with the preparation of a compliance program that prepares DME for compliance audits and continuous compliance reporting as required by the NERC/TRE Compliance. KEMA is offering services to assist in the set up of a system to ensure on-going compliance as the standards change through refinement. The work plan for these efforts is explained below. KEMA has already conducted a pre-audit assessment. The next phase will be to prepare DME for the on-going compliance process based on lessons learned during the pre-audit assessment and remediation implementation phases. Tasks include the following: 4.2.1 Develop and Prepare a Compliance Manual The Compliance Manual will document DME's compliance policies, processes and procedures. The top two layers of the following diagram represent the contents of the Compliance Manual. The second layer defines roles and responsibilities along with the processes and procedures required to ensure self sustaining compliance. The third layer represents DME's operating processes and procedures and the associated documentation and the forth layer represents the Denton Municipal Electric 4-1 August 28, 2009 TRE/NERC Compliance Consultant KEMA Proposal No. 09-1851 d objective evidence monitored by the compliance department assessors regarding DME's compliance to NERC's standards. See Appendix A for an example of its Table of Contents. Exhibit 4-1: Process Manual Hierarchy Policy Compliance Department's Processes DME's Operational Processes and Procedures Objective Evidence that DME conforms to NERC's requirements KEMA Activities • Drafting and revisions of Compliance Program Manual DME Activities • Arranging appropriate staff availability for on site meetings • Review and feedback on drafted documents • Provide input to manual sections related to DME's information such as Corporate Risk Policy • Signatures on documents as required Deliverables • Compliance Manual ready for signatures Denton Municipal Electric 4-2 August 28, 2009 TRE/NERC Compliance Consultant KEMA Proposal No. 09-1851 d 4.3 Design and Populate Data in a Compliance Database KEMA is prepared to provide DME with a compliance database using SharePoint initially populated with the database generated during the NERC compliance assessment. KEMA Activities • Define compliance database structure and populate with existing data • Define and implement views required by compliance department to monitor ongoing compliance status. • Define and implement views required by compliance department to facilitate an audit. DME Activities • Arranging appropriate staff availability for on site meetings. • Review and feedback on deliverables as they progress • Acquire SharePoint Software for use by the compliance monitoring staff Deliverables A database implemented in SharePoint usable by the compliance monitoring staff for: • Identifying the location of DME's objective evidence of THE compliance • Monitoring the compliance status of each requirement • Facilitating TRE's audits of DME's compliance. 4.4 Develop Policies for Cyber Security Compliance KEMA will spend a day on site to work with DME in developing the appropriate governance structure and Critical Asset Selection Methodology for NERC CIP 002-003 standards compliance. Denton Municipal Electric 4-3 August 28, 2009 THE/NERC Compliance Consultant KEMA Proposal No. 09-1851 d 4.5 Develop Operating Processes and Procedures as Required for Objective Evidence as well as maintaining Objective Evidence of Compliance KEMA can write the procedures required to satisfy all requirements for objective evidence which include those procedures required for objective evidence plus those required to maintain on- going objective evidence of compliance. An example of the procedures KEMA is prepared to write or standardize are: • Sabotage Reporting (CIP-001) • Disturbance Reporting (EOP-004) • Facility Connection Requirements (FAC-001) • Coordination of Plans for New Generation, Transmission and End-User Facilities (FAC- 002) • Vegetation emergency directives procedures (FAC-003) • Vegetation Management Methodology (FAC-003) • Facility Ratings Methodology (FAC-008) • Facility Ratings Process (FAC-009) • System Operating Limit Processing (FAC-014) • Load Schedule Reporting (IRO-004, MOD-017-021, TOP-002) • Steady-State Data of the Interconnected Transmission System (MOD-010) • Dynamics Data of the Interconnected Transmission System (MOD-012) • Analysis and Mitigation of Transmission Protection System Misoperations (PRC-004) • Transmission Protection System Maintenance and Testing (PRC-005) • Under frequency Load Shedding Programs consistent with Operating Guide 2.9.1 (PRC- 007) • Under frequency Load Shedding Equipment Maintenance Program (PRC-008) • Under frequency Load Shedding process following an under frequency event (PRC-009) • ERCOT reliability directives procedures (IRO-005 & TOP-001) • Transmission Planning (TPL-001 through TPL-004) KEMA will: • Produce process flow diagrams for DME's review and comment; • Produce a revision 0.1 for each of the processes it is assigned to write; Denton Municipal Electric 4-4 August 28, 2009 TRE/NERC Compliance Consultant KEMA Proposal No. 09-1851 d • Submit them to DME for approval and schedule a webinar and/or on-site review meeting for one week later; and • Revise the procedures based on their review and create revision 0.2, and again submit them for a webinar and/or on-site review one week later. • KEMA will then submit a non-draft version 1.0 for signatures and storing into the appropriate DME document directory. KEMA Activities • Drafting and revisions of required processes and procedures • Iterative wordsmith sessions (via web-cast where possible) to finalize the documents. Denton Municipal Electric 4-5 August 28, 2009 TRE/NERC Compliance Consultant KEMA Proposal No. 09-1851 d DME Activities • Arranging appropriate staff availability for on site meetings. • Review and feedback on drafted documents. • Signatures on documents as required Deliverables • Processes and procedures to provide either objective evidence and/or create objective evidence in MS Word and MS Visio format (as appropriate) ready for signatures 4.6 Develop Compliance Procedures Required to Monitor On- going Compliance KEMA will assist the compliance personnel in defining and writing procedures required to monitor the on-going compliance status of DME. KEMA Activities • Drafting and revisions of required procedures • Iterative wordsmith sessions (via web-cast where possible) to finalize the documents. DME Activities • Arranging appropriate staff availability for on site meetings. • Review and feedback on drafted documents. Deliverables • Procedures to be used by compliance personnel to monitor DME's NERC compliance in MS Word and MS Visio format (as appropriate) ready for signatures Denton Municipal Electric 4-6 August 28, 2009 THE/NERC Compliance Consultant KEMA Proposal No. 09-1851 d 4.7 Assist in the Identification and Cataloging of the Objective Evidence The compliance database will be updated with the objective evidence or links to the objective evidence that satisfy each requirement. KEMA will assist with the determination of the acceptability of the objective evidence and the collection of that evidence. 4.8 Perform a Mock Audit for Testing the Compliance Readiness To verify DME 's compliance to NERC and TRE, KEMA will perform a dry-run of a TRE audit at DME's facilities. The mock audit will follow TRE's audit guidelines. The staff for the audit will be selected later from experienced non-project staff to provide impartiality. Denton Municipal Electric 4-7 August 28, 2009 TRE/NERC Compliance Consultant KEMA Proposal No. 09-1851 d 5. References Please note that these references are confidentially provided with the approval of each client. KEMA has completed several other projects for clients involving development of their Risk Based Assessment Methodologies for Critical Assets, but the policies of those companies do not allow providing references. Lower Colorado River Authority (LCRA) Austin, Texas Contact Name: Jim Clawson Phone: (512) 473 3545 Services: Compliance workshop and Pre-Audit Assessment - 2007 Mitigation Plan and mitigation implementation - 2007 Cyber Policies, Procedures and Forms - 2008 Compliance Program - 2008 Compliance Manual Compliance Database Assistance with objective evidence Bryan Texas Utilities (BTU) Bryan, Texas Contact Name: Roy Trotter Phone: (979) 821-5787 Services: Pre-Audit Assessment - 2008 Mitigation Plan and mitigation implementation - 2008 Cyber Policies, Procedures and Forms - (WIP) 2009 Compliance Program -2009 College Station Utilities (COCS) College Station, Texas Contact Name: Augie Palmisano Phone: (979) 764-3638 Services Pre-Audit Assessment - 2008 Pre-Mitigation Implementation - 2008 Cyber Policies, Procedures and Forms - (WIP) 2009 Compliance Program - 2009 Central Hudson Gas & Electric Poughkeepsie, NY Contact: Dave Dittmann Phone: (845) 486 5775 Services: Pre-audit assessment of all required standards including CIP - 2007 Denton Municipal Electric 5-1 August 28, 2009 TRE/NERC Compliance Consultant KEMA Proposal No. 09-1851 d United Illuminating Company New Haven, Connecticut Contact Name: Michael Puscas Phone: (203) 926 5245 Services: NERC CIP-002 Critical asset and critical cyber asset identification - 2007 Pepco Holdings, Inc. Washington, DC Contact Name: Mark Godfrey Phone: (302) 454-4915 Services: Risk-Based Assessment Methodology for determining critical assets according to NERC CIP Requirements - 2006 Pre-audit assessment for all NERC and PJM standards for Pepco, Atlantic Electric, and Delmarva Power - 2007 Reedy Creek Energy Services Lake Buena Vista, FL Contact Name: Bernie Budnik Phone: 407 824 6441 Services: Pre-audit assessment of all required standards including CIP - 2008 Seattle City Light Seattle, WA Contact Name: Chris Heimgartner Phone: (206) 684-3718 Services: Pre-audit assessment of all required standards including CIP - 2008 LADWP Los Angelis Department of Water and Power Contact Name: Dr. Ali Morrabbi Phone: Services: NERC CIP services - 2007 Pre-audit assessment Mitigation Plans CIP Policies and Procedures Vulnerability Assessment and Penetration Testing-2008 Conectiv Contact Name: George Muller, IT Business Manager Phone: (302) 451-5411 Services: Pre-audit assessment - 2009 Mock Audit - (WIP) 2009 Denton Municipal Electric 5-2 August 28, 2009 THE/NERC Compliance Consultant KEMA Proposal No. 09-1851 d Appendix A - Compliance Manual Table of Contents Example Denton Municipal Electric 5-1 August 28, 2009 TRE/NERC Compliance Consultant KEMA Proposal No. 09-1851 d Executive Summary 1. Scope 2. Compliance Management System 2.1 Annotations 2.2 Compliance Program Policy Statement 2.3 General Requirements to be satisfied by the Compliance Management System 2.3.1 Documentation Requirements 3. Management Responsibilities 3.1 Compliance Manager and Oversight Committee 3.2 Management of Change 3.3 Roles, Responsibilities and Authority/Accountability 3.3.1 Organization Structure 3.3.2 Compliance Organization Functional Structure 3.3.3 Procedure Defining Roles, Responsibility and Authority 3.4 Internal Communication 3.5 Management Review of Compliance system 3.5.1 Management Review Process 4. Resource Management 4.1 Training, and Competence Management 4.2 Infrastructure/Work Environment 4.3 Contractor/Supplier Qualification and Management 5. Compliance Realization 5.1 Compliance Monitoring/Reporting 5.1.1 Compliance Monitoring and Violations Reporting Process 5.2 Risk Analysis/Management 5.2.1 Risk Assessment Process 6. Compliance Measurement, Analysis, and Improvement 6.1 Internal Compliance Audits 6.1.1 Internal Compliance Audit Process 6.2 Independent Audit of Program 6.2.1 Process/Program Audit Process 6.3 Corrective Action/Remediation Denton Municipal Electric A-1 August 28, 2009 TRE/NERC Compliance Consultant KEMA Proposal No. 09-1851 d 7. Infrastructure Management 7.1 Communication - External 7.2 Document Control 7.3 Data and Records Management 8. APPENDIX A - FERC COMPLIANCE MAP 9. APPENDIX B - THE COMPLIANCE PROGRAM GUIDLINES Denton Municipal Electric A-2 August 28, 2009 TRE/NERC Compliance Consultant KEMA Proposal No. 09-1851 d Appendix B - KEMA Resumes Detailed resumes are included for the following individuals: • Raymond Gilby • Steve Dunning Denton Municipal Electric B-1 August 28, 2009 TRE/NERC Compliance Consultant KEMA Proposal No. 09-1851 d Raymond G. Gilby Profession: Principal Consultant Years of Experience: 35 Education: B.S./1971/Electrical Engineering/University of Michigan Course/1996/Project Management/EDS Course/1996/Leadership Management/EDS Years with KEMA: 8 Key Qualifications: Ray Gilby has over 30 years of experience in real-time computer systems. Since 2006, Mr. Gilby has concentrated on working with utilities in assessing, mitigating and setting up programs for NERC compliance. Prior to that, he managed projects associated with the transition to ISO mode of operation, which includes ISO interfaces, settlements, EMS interfaces, and associated procedures. His technical background experience includes system design and development, application design and development, and project management of system integration, testing and commissioning. Mr. Gilby's administrative functions include writing specifications and proposals, negotiating vendor contracts, managing system start-ups, and hiring and supervising teams of technical and engineering personnel. Current assignments include NERC Compliance Audits and compliance programs. Professional Experience: KEMA, Chalfont, Pennsylvania: 1998 to Present Principle Consultant Specific Project Experience: ■ Denton Municpal Electric: Project manager for their NERC compliance assessment. ■ Bryan Texas Utilities: Project manager for their NERC Compliance Program. Tasks included compliance assessment, mitigation of gaps, and the definition and implementation of their Self- sustaining NERC Compliance Program. ■ Lower Colorado River Authority Generation: Project manager for their NERC Compliance Program. Tasks included compliance assessment, mitigation of gaps, and the definition and implementation of their Self-sustaining NERC Compliance Program. ■ Midwest ISO Reliability Benefits Analysis: Mr. Gilby was a system analyst on the team of KEMA consultants that performed an economic analysis of the Midwest ISO reliability benefits. ■ PJM: Performed assessment for NERC Compliance Audit. The team matched NERC standard requirements with existing documentation, Operating Procedures, Operating Agreements, and stored data. The final analysis identified the documentation gaps between compliance and the current situation. Mr. Gilby's specific involvement involved the tool set that facilitated the collection, measurement, and reporting process. Denton Municipal Electric B-2 August 28, 2009 TRE/NERC Compliance Consultant KEMA Proposal No. 09-1851 d ■ ERCOT: Worked with the ERCOT EMS Nodal Team to define EMS requirements for the conversion from a zonal market to a nodal market. ■ Hoosier Energy: Worked with Hoosier management to plan their transition to the Midwest ISO market operations. Planning included roles and responsibilities, department structures and staffing. ■ ACES Power Marketing (APM): Analyzed, reported, and presented the Midwest ISO Day-2 impact on APM's Marketing, Front Office, Middle Office, and Back Office to the APM Officers and Directors. The analysis covered everything from long-term contracts, trading, scheduling, systems, and risk management to settlement and accounting. ■ Vectren (formally known as Southern Indiana Gas and Electric - SIGECO): Project Manager responsible for the effort of replacing the existing EMS. Areas of expertise included the specification of the interface between the new EMS and the Midwest ISO. ■ New York Power Authority: Supported the New York Power Authority's (NYPA) project to design and implement a company-wide system to provide generator and LSE billing and performance information on NYPA's Intranet. Mr. Gilby also served as NYPA's interim ISO Issue Manager. ■ Vectren: Project Manager responsible for contract management for the installation of the system used to interface to the Midwest ISO Day 1 startup (MISO). Follow-up work included the analysis of the MISO settlement data relative to the MISO Tariff. ■ Calpine East: Worked with Calpine to register and operate their Long Island Generators in the NYISO market. Follow-up work included the reconciliation of the associated NYISO settlement data relative to the generators' performance and benefit studies to determine how each generator might be more lucrative. Studies were also performed to analyze the operational and economic impact caused by the bidding strategies used by the marketing department. ■ ISO New England: Project Manager for the External Contracts project. Deliverables included a needs analysis plus specifications and RFPs to provide the capability to bid, schedule, and check out energy between the ISO and neighboring control areas. ■ ERCOT: Managed the project for the qualification of scheduling entities' (QSE) generators. The deliverable was a plan with testing procedures that QSEs need to perform with ERCOT to qualify their generators for balancing and ancillary services. ■ New York Power Authority: Project Manager for conversion from power pool mode of operation to ISO. Manage the integration of the interface between the NYPA energy, scheduling, and accounting systems and the New York ISO. Wrote specifications to modify NYPA's ES&A system and design documents for the interface system. Managed multiple system vendors and NYPA contractors to implement the system capabilities. Provided on-site project management to allow the NYPA staff to perform their existing duties. Provided liaison to ISO and served on Market Trial Evaluation and Technical Information Exchange Teams. Wrote test and cutover plans. Managed the market trials, cutover, and system commissioning. ■ New York Power Authority: Project Manager for the Y2K Contingency Plan. The plan documented NYPA's energy control center contingency procedures. Denton Municipal Electric B-3 August 28, 2009 TRE/NERC Compliance Consultant KEMA Proposal No. 09-1851 d Electronic Data Systems (EDS): 1995 to 1998 Program/Project Manager ■ Bethlehem Steel Structural Products Corporation's Mill Modernization Project. This project was successfully completed in September 1996. He spent a year on temporary duty in Portland, OR as the Implementation Manager of a Fujitsu Microelectronics manufacturing automation project (EAS). ■ Fujitsu Micro-electronics Corporation: Fab Automation Implementation Manager. Managed the system integration, system testing, and factory test of the electronics fab automation system. Provided release management of all systems involved in the fab. Integrated an asynchronous training system for classroom instruction of operators and engineers. This system automated Fujitsu's semiconductor manufacturing fab. It provides level-two control for 450 pieces of machinery and 150 operator terminals. Each operator terminal is unique relative to the equipment assigned to it. The system is responsible for cassette, lot, wafer, reticle, machine recipe, and equipment management. The automation system used HP-UX, Oracle, and Fastech's Cellworks. ■ Bethlehem Steel Structural Products Corporation: Mill Modernization Program Manager. Provided machine control equipment and programming, networks, operator desks, and equipment for 30 operators, product tracking, and material ordering and handling. This system provides management and control of Structural Product's rolling mills. Cast blooms, ingots, and slabs are ordered, received, inventoried, heated, rolled into blooms, stored, heated, rolled into bars, straightened, and cut to customer requirements. The system used UNIX and Oracle for level-two process control/operator interface and Allen Bradley PLCs for level-one machine control. Macro Corporation: Horsham, Pennsylvania: 1985 to 1995 Senior Engineering Consultant ■ Mr. Gilby worked with the Information Technology Group at Macro and was involved in a wide range of computer automation projects for electric utilities, steel, light rail, gas pipelines, and other industrial applications. His responsibilities included systems engineering, software development, application programming, database management of complex applications, and project management. ■ Columbia Gas - Gas Metering System Project Manager: Wrote system specification, reviewed proposals, and provided vendor selection. This system covered a five-state area with users in numerous satellite offices. Data acquisition, billing information, and historical data processing were for Columbia's major gas users. ■ Bethlehem Steel (Sparrows Point and Burns Harbor Plants) - Hot Dip Coating Line System (HDCL): Provided project engineering for the process control level (level one) portion of the HDCL system. This system included multiple level-one vendors with complex integration management and testing requirements. Ensured that the system vendor's systems integrated successfully with each other and level two. ■ City of Pasadena - Scheduling and Accounting System: Designed, integrated, and tested a Novell network-based power scheduling and accounting system. This application primarily used C. ■ Electric Power Research Institute (EPRI) - Operator Training Simulator: Integrated the Philadelphia Electric (PECO) EMS system (SAMAC) into the Electric Power Research Institute Denton Municipal Electric B-4 August 28, 2009 TRE/NERC Compliance Consultant KEMA Proposal No. 09-1851 d (EPRI) state-of-the-art operator training simulator. Provided a 422-communication link between the CDC Cyber and PECO's Burroughs. This system used a CDC Cyber in conjunction with the PECO Burroughs EMS system (Pascal and Algol) to simulate a realistic PECO operating environment. ■ Consolidated Edison of New York (Indian Point Nuclear Plant) - Computer Systems Integration: Planning and configuration analysis to convert and integrate nine computer systems to DEC VAX-based systems. ■ U.S. Steel, Fairless Works - Cost Control System: Definition, design, and implementation of a data management system on an IBM PC. This system aids managers in a cold reduction shop in the area of cost control of product purchases. ■ PENELEC - SCADA/Process Control System Replacement: Definition, design, and implementation of a database management system (Revelation) on an IBM PC/AT; this system is used to create and manage the process 1/0 database of large control/monitoring system projects during the definition and start-up phases. ■ Bethlehem Steel (Sparrows Point and Burns Harbor Plants) - Process Control System Replacement: Production of customer acceptance test procedures for a distributed process control system that supports caster operations. Leeds & Northrop: North Wales, Pennsylvania: 1971 to 1985 Unit Supervisor, SCADA and Process Control Systems ■ Standard Software Development - Process Control System: Management of the system integration of a distributed process control system for cement and wastewater treatment systems. ■ Standard Software Development - Process Control Remote Multiplexer: Software architect and management of the design and implementation of a process control remote multiplexer using multiple Z-80s and an 86/12A on an SDLC highway. ■ Cementos Caribe (Venezuelan Cement Company) - Three-CPU Process Control System: Project Manager of software development as a subcontractor for Humbolt Wedag. ■ Dow Chemical of Canada - SCADA Control System: Project Manager of software development for a SCADA control system that monitors and controls the generation, distribution, and sales of steam and electricity. ■ Standard Software Development - Electric Utility SCADA System: Definition, design, and implementation of several major subsystems: man/machine interface, CRT management, dual CPU failover, and CPU-to-CPU communications. US Army: 1971 to 1973 Specialist 4, Scuba Diver Professional Affiliations: IEEE-Power Engineering Denton Municipal Electric B-5 August 28, 2009 TRE/NERC Compliance Consultant KEMA Proposal No. 09-1851 d Steve Dunning Profession: Medical Device Product Manager Years of Experience: 30+ Education: B.S. Chemical Engineering: University of California Berkeley Years with KEMA: 15 Key Qualifications: Steve Dunning has more than thirty years experience in the Chemical Process, Equipment Development and Fabrication, and Medical Device Development and Manufacture industries. Professional Experience: KEMA Registered Quality, Inc., Chalfont, Pennsylvania: 1993 to Present Medical Device Product Manager Developed and manages the Western Region Operations. More than 1000 days of auditing. DOW Chemical USA: 1991-1992 Provided field Technology Development and Technical Support for start-up of air pollution abatement systems. Generon: 1988-1991 Established and managed the systems engineering, manufacturing and field service operations, including Quality Assurance and Environmental Control efforts Dowex: 1984-1988 Management of operations, Safety & Loss Prevention, Quality Assurance, and Environmental Management functions including air and water emissions as well as hazardous waste disposal. CD Medical, Inc.: 1973-1984 Process Development, Engineering, Manufacturing and Product Development of Medical Devices. Key Accomplishments: ■ Managed the Design and Construction of Medical Device Manufacturing Facilities in the U.S. and the Netherlands. ■ Managed the Design and Development of new durable and disposable medical devices for use in the Dialysis, Cardiovascular and General Surgical industries including the definition and validation of manufacturing and sterilization processes. Denton Municipal Electric B-6 August 28, 2009 TRE/NERC Compliance Consultant KEMA Proposal No. 09-1851 d ■ Managed the Development, Management and Transfer of product and manufacturing technology to satellite facilities internationally. Languages: Speaking Reading Writing English: Excellent Excellent Excellent Professional Affiliations: American Institute of Chemical Engineers American Society for Quality Professional Certifications: RAB Accredited QMS and EMS Auditor CMDCAS Approved Auditor Denton Municipal Electric B-7 August 28, 2009 TRE/NERC Compliance Consultant KEMA Proposal No. 09-1851 ORDINANCE N0.2009- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL AND PERSONAL SERVICES AGREEMENT WITH KEMA, INC., A CORPORATION FOR EXAMINING FOR TRE/NERC REGULATORY COMPLIANCE OF THE DENTON MUNICIPAL ELECTRIC SYSTEM; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR IN THE AMOUNT NOT TO EXCEED $169,580; AND PROVIDING AN EFFECTIVE DATE (FILE N0.4412). WHEREAS, the City Council deems that it is in the public interest to engage KEMA, Inc., a Corporation ("KEMA"), to provide personal and professional services pertaining to the compliance of Denton Municipal Electric ("DME") with the standards set by regulatory agencies THE and NERC; KEMA is a global engineering firm, systems integrations firm, as well as a global management firm who in this engagement will assess compliance to the national and regional standards as well as identifying areas for improvement in these processes; and WHEREAS, these services are necessary to be performed by an outside specialty firm to gauge and audit compliance with the industry standards; and City Staff has selected this firm because of their high reputation in the electric industry, as several other Texas cities have; City Staff has determined that the firm is competent and the fees under the Agreement are fair and reasonable, and are consistent with and not higher than the recommended practices and fees published by the applicable associations applicable to KEMA's profession, and that such fees do not exceed the maximum provided by law: and WHEREAS, DME is presently registered with NERC as a DP (Distribution Provider) and presently there are fourteen (14) actively monitored NERC Standards. However, with the connection of the R. D. Wells Substation and the 138 KV line built by DME to energize the station, the Compliance Registration for DME will be upgraded to three new additional registration functions. These are the LSE (load serving entity), the TO (transmission owner) and the TP (transmission planner). These additional registrations will impose upon DME ninety- seven (97) newly monitored standards. If there is regulatory noncompliance then the City can possibly be subject to fines and sanctions levied by both the THE and the NERC; and WHEREAS, DME will be required to register with both the THE and NERC as an LSE, TO and TP prior to adding any additional load to the R.D. Wells Substation and the completion of the new tie line from the R.D. Wells substation to the Hickory substation, which is anticipated to be at the first of the year; and WHEREAS, the City Council has determined that there is a "critical business need," as previously determined in Ordinance No. 2009-189, approved on September 1, 2009; in that the services described hereinabove are to be used on electric production, transmission, distribution and station systems, and the requested services are a procurement for personal services or highly 1 technical services and are additionally a procurement necessary to protect the competitive position of Denton Municipal Electric; and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-referenced personal and professional services, and that limited City staff cannot adequately perform the specialized services and tasks with respect to NERC/TRE compliance with its own personnel, as outside personnel are necessary to determine compliance; 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 1: The preamble to this ordinance is incorporated herewith for all purposes. SECTION 2: The City Manager is hereby authorized to execute a "Professional and Personal Services Agreement for TRE/NERC Compliance Consultant" (the "Agreement") with KEMA, Inc., a Corporation, in an amount not-to-exceed $169,580 for professional and personal services, pertaining to the TRE/NERC compliance of DME; in substantially the form of the Agreement attached hereto as Exhibit "A" which is incorporated herewith by reference. SECTION 3: The award of this Agreement by the city is on the basis of the demonstrated competence, knowledge, and qualifications of KEMA and the demonstrated ability of KEMA to perform the services needed by the City for a fair and reasonable price. SECTION 4: The expenditure of funds as provided in the attached Agreement is hereby aut orize . SECTION 5: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: 3 FI~~FEII~~.L ~I~D P~ItI~~.L ERVI ~.IIEI~IE111T F~ T~IN~ ~'LIA~.I~~ ~LiLTA~~1T ~'I~E#~~~.~ T~T~ TEA, . ~~CTNTY ~F DI~T~I TIC ENT ror highiy technical ser~ice~ in ca~npliance with pity ar Denton rdinar~ce as-1 S~ is and entered into as ar the ~ day o:~ , Oa, ~ and between the pity o~ Denton: Teas, a Te~a~ municipal corparatian, with its principal arfice at ~1 fast lc~ey Street, Denton, Dentin ounty~ Teas 7~~~i, hereinafter called and IA Inc., hereinafter called ~`N~LTAT ~I~TTRAT~", with its corporate office at ~~77 bounty Line ~d Chalfant, ~A, hereinafter called "~ULTAI~T," acting herein, by and through theix duly authorised representatives. ~ ~ ~ ~ . wI.TN~~TH, that in consideration ar the caenar~t~ and agreements herein contained, the parties hereto do mutually agree as follows; ARTxL ~ EPL~T OF ~NiILT~I~T . The hereby contracts v~rith the ~~I,~TANT, as an independent contractor, and the C~~1LTNT hereby agrees to perfarrn the services herein in connection with the project as stated in the sections to fallaw# with diligence aid in accordance with the highest proressioual standards cust~ma,y obtained far such services in the state of Teas. The prol~essianal services set out herein are in connection with the rallowing described project: The ~ra~ect shad include, without limitation, highly technical services ~to advise the pity . off' Denton regarding car~arrnance ~ta the lR re.llability standards ~ outlined in ~raposal a~- 1.8~1. MITI LE ~ . The Dl~,I~LT~T shall perform the fallowing seises in a professional manner: To per.~orrn all those services set forth in ~tTLTAT's ~ropasal No. ~~-1~~1 Tl~ ampliance ansu~taut describe any proposal o~ ~I~II~LTAIVT which has been provided including the date of said proposal}, .which p~opasal is attached hereto and made ~ paxt hereof as ~hibit as il'' written ward far word herein. ~ . ~I~IJLTA~T shall. perfonn all those services set ~`orth in individual task orders which shall be attached to this greernent and made a part hereof 1'ar all purposes as separate agreements. ~ ~I~TT.T.LTNT is a professional engineer and you wish to list specir~c services of the ~N~[TLTAI~T, please list all specific engineering services to be provided including the preparation of detailed plans and specifications.} ~ there is a~ay cQU,nict between the terns of this Agrecn~ent and the exhibits attached to this Agreement, the terns and cor~dita.ons of this Agreement will control over the terra and conditian~ of the attached e~hi.bits or tasl~ orders. ~T~LE III 1Vot Applicable ATI~ T~ ~RI~ This Agreement shall became effective upon e~ecutian Qf this Agreement the ~w~R and the ~NLT~TANT and upon issue o~ a notice to proceed bar the and shall remain in force for the ~eriad which may reasonably be rewired for the co~nplctian of the Pra~ect, including Additional er~ices, if any, and any required etensians approved by the ~wIE~, This Agreement maybe sooner terminated in accordance with the provisions hereof. Ti~nc is a~ the essence in this Agreement. The ~N~ULTAI~T shall male reasonable efforts to complete ~e services yet Earth herein as e~peditiausly as possible and to .m.eet the schedule established by the ~~E, acting through its pity Manager ar his designee, . ~RTI~ A~TIN ~~~AT~~N TERII~: "subcontract pense'7 is defined as expenses incurred by the TANT i~ enplaymenk of others in outside firms for services in the nature of l~~A. "direct fan-Lobar ~pensear is defined as that expense for any assignment incurred by the ~U~TAI~T far supplies, transpartatian and ~ equipment, travel, communications, subsistence, and lodging away from hams, and similar incident. expenses in connec~ian with that assignment. ~~L~C~ ANA PA~I~T: For and in consideration of the professional services to be perfarned by the ITAIVT herein, the OAR agrees to pay, based on the cost estimate detail at an hourly rate shown in Exhibit which is attached hereto and made a part of this . Agreement as if written ward for ward herein, a fatal fee, including reimbursement far direct nonyl~.bar expenses not to exceed ~ Partial payments to the ~1~,TANT will be made ❑n the basis of detailed monthly statements rendered to and approved by the through its pity ll~anager ar his designee; hawe~rer, under no circumstances shall any monthly statement far services exceed the v.ue of the ward perfarrned at the time a statement is rendered. The may withhold the final eve percent °1~} of the contract amount until completion of the Fro j ect, bathing contained in this Article shall require the ~wNEFt to pay far and ward which is unsa~.sfactory, as reasonably determined by the pity tanager ar his designee, or which is not submitted in compliance with the terms o~ this Agreement. The shall not be required to mare any payments to the ~~~1~LTANT when the ~~LTLTAT is in default under this Agreement.  Page 2 It is speci~cally understaad and agreed that the ~~CT~TANT shall nat be uthari~ed to undertake any worl~ pursuant to this Agreement which would require additional payments by the ~w~R tar ~ charge, expense, ar reimbursement ab~~e the n~airnurn not to exceed fee as statedx without ~~rst haying obtained ~rritten authorisation franc the The ~IVTNT shall not proceed to perrarm ~e services listed in Article Irk "Additional services," without obtaining prior written authorisation from the ADDZT~~I~AI~ ~R~:. ~'or additional services authorised is writing by the ~wIR in ~r~icle the ~l~TANT shall be paid based an the Schedule or charges at an hourly rate shown in Exhibit payments for additional services shall be due and payable upon submission by the CN~SULTANT, and shall be in accordance with subsection B hereof. Statements shall not be subrnitted more frequently than monthly, PA~I~T. ~f the OBI ~a~s to mane payrn.ent due the TAT for services and epense~ within thirty ~a~ days after receipt of the ~~SI~LTAT' undisputed statement thereat, the a.maunts due the ~ITAI~T wig be increased by the rate a~ one percent ~ ~ °I~~ per month tram the said thirtieth ~~~rh} day, and, in addition, the SI~TAN'~ rnay, after giving se~e~. ~7~ days' w~.tten notice to the wEI, suspend services under this Agreement until the NULTT has .been paid in full alb amounts dua rot services, expenses, and charges, prodded, however, nothing herein shad. requixe the to pay the late charge ar one percept °1~~ set forth herein x~ the reasonably determines that the worl~ is unsatisfactory, in accordance with this Article , "ampensation." ARTI~~ I ~BERATI~I~ ~E~I' T wR The ~~CT.~T~.T will exercise reasonable care and due diligence in discovering and prarnptiy reporting to the any dcrects ar deficiencies in the warp ar the DN~LTA~T ar any subcontractors or subcansultants, A~TIL DTI . . ~wN~RHIP ~F I~~UN~T All documents prepared or furnished by the ~NULT~T hand TAT#s su~bcantractars ar subconsultant~ pursuant to this Areen~erit are instruments of service, aril sha~1 become the property ar the upon the termination of this Agreement. The NTANT is entitled to retain copies of all such documents. The ~ dacurnents prepared a.nd furnished by the ~U~TANT axe intended only to he applicable to this project, and ~wNEI~'s use of these dacurrients in other projects shah. be at wk's sale risk and expense. In the event the wI~R uses any of the infarmatian or materials developed' pursuant to this Agreement another pra jest or far other pupae than. speciried here, 1~T.NT is released tram any and all liability relating to they use hi that project: ~at~vithstanding the above, ~1VTA~T shall retain and may use the general l~nawledge acquixed ~.s a result of its creation of the worl~ product ar the performance of services hereunder: for its general reference and enhancement of its technical capabilities, and tar any other purpose, All infarmatian grid material which is awned by the ~~~TLTAI~T and used by the ~N~ST~LTANT in the per~arrn.arice of the Agreement shall renriain the exclusive property of the ~l~~JLTAIT whether or not such inforn~atian a~• material was incorporated hi or used to produce any of the warp products delivered under this agreement.  Page 3 A~T~~E ~I II~~I~~AT~~I~ o waiver ar modi~icatian o~ this Agreen~.ent ar o~.an~ ca~enant, canditxon, ar limitation herein cant~ned shall be valid. unless writing and dull executed b the party to be charged therewith, and no evidence o~ an~r waiver ar madi:~tcatian shall be offered or received in evidence ~ and proceeding arising between the .parties berets out of or affecting this Agreement, ar the rights or abligatians ai~ the parties hereunder, and uniess such waiver ar madi~catian is in writing and dull executed? and the parties further agree that the pra~isians of this. section w~ not be waited unless set forth herein, A~TIL~ ~ ~ I~LAE ~ The fo~.awing exhibits are attached to and made a part o~ this Agreement: ~~ist exhibrts~ The shall hate the right to audit and rnal~e copies of the baal~s, records and computations pertaining to this agreement. The ~I~TAT~R shall retain such bans, recaxds, documents and other evidence pertaining to this agreement during the contract period and Five dears thereafter, except i;~ an audit is in progress ar audit frnd~ngs are het . unresolved, in which case records shall be Dept until all audit tasl~s are completed and resal~ed, These boa%s, records, dac~tments and other evidence shall be available; within t~ business dais of written request. further, the ~IT~AT~R shall alsa re~uixe all ubcantractors, material suppliers, and other payees to retain all baal~s, records, dacu.men~s and other evidence pertaining to this agreement, and to allow the si~mi.lar access to those dacun~ents. All baal~s and xecards will be made ava.~able within a a me radios of the its of l~entan, The cast of the audit ~ be borne b~ the unless the audit repeals an averpayrnent of or greater. ~ ~ an ~verpament of ~ °l~ or greater occurs, the reasonable cast a:~ the audits including an~r tra~rel casts, must be borne b~ the ~T~AT~ which must be payable within five business da.~s of receipt of an invoice. Failure can~pl~ with the provisions of this section shall be a material breach of this contract and shall cans~tute, ~ the ~wN.ER~ sale discretion? grounds :far ter~inatian thereof. each a~ theterms '"boars "records'", '"documents'" and ""other evidence", as used shave, shall be construed to include drafts d electronic :files, even if such drafts ar electronic f~1es are suhse~uentl~ used to generate ar prepare a ~ma1 printed document. . venue of and suit or cause o~ action under this Agreement shall lie exclusively in Denton Jaunty, Texas, This Agreement shall be construed in accordance with the laws of the state o Texas. for e purpose o this Agreement, the l~e~ persons who will perform mast of the warp hereunder shall be la.mand ilb~, principal consultant. ov~re~er, nothing herein shall lirr~.t ~N~~.J~,TANT from. using other qualied and competent members of Its firm to perfar~n the services rewired herein, ~l~ITANT shall commence, carry on, and complete and and all projects with all applicable dispatch, In a sound, ecanon~.cal, and efficient manner and in accordance with the provisions hereof. ~n accomplishing the pra~ects, ~NLTIJTAT shall tape such . steps as are appropriate to ensure that the word involved is properly caardinated with related work being carried an b~ the  Page 8 The shad assist the ~~VU.~,TA1~T by piacing at the ~LJLT~T' dispasai all a~a~labie inor~aatian pertinent ~a the Praject, inciuding ~re~iaus re~ar~s, any ather data re~ati~e to the Pra~ect, and a~rangin~ far the access thereta, and ~al~e a1i ~ravisians far the ~~TA:~T to ender in ar npan public and private praper~y as re~uixed far the ~~1TAI~T ~a per~arm services under this A~reen~ent. The captions of this Agreement are far iar~nati~nai purposes oniy, and shall nit any may aflec~ the su~stanti~re terms ar conditions of this Agreement, . ~ ITNE ~RF~F, the i~ty a~ ~entan, Teas has caused this Agreement to be executed by its duly authari~ed City ~Vlanager, and ~ULTAT has executed this Agreement .through its duiy authari~ed undersigned al'~cer an this e day a~ , ~a FI'Y ~F ~T~~, TEA E~~~ A'8~~~, ANA~~~ ATT~T; ~'E~ ALTE, CITY ~TAI~~' ~ ~ . A~P~~~ TD F~~ ETA ~~.E,, ATT~~TE~ r~ u NTT ~~r ~ ~rr~~. ~ ~  Page 9 CITY~F~~IVTaN I~~IRA~l~E ~UIREE~iT Fad ~aNT~ATaRS bidder's attention is directed to the insurance reghirements belov~. It is highly recammeuded that bidders comer pith their respective insurance carriers or briers to detern~ne in advance of Eid sub~nissian the availability ol` insurance ertil~~cates and endorsements a rescribed and ravided I? . ~ herein.. l~ an apparent 1~v~ bidder ~ai1s to comply strictly pith the insurance requirements, that bidder may be disqual~l~ied dram award a~ e contract. IJpan hid a~rdx all insurance requirements shall became c~lltractual obtig~tions, which the successful bidder shall have a duty to maintain throughout the curse of this contract. T~DAD P~~I I~l~ ; ithaut limning of the other obligations or liabilities e antr~ctar, the ontractar shall provide and maintain until the contracted wor.~ has been cornpleted and accepted by the pity of Denton, owner, the m~irnun~ insurance coverage as indicated hereina:~ter. As seen as practicable after notification of laid award, antractar shall .de with the Purchasing Department satis:~actary certificates of insurance, containing the bid number and title of the project, on~actor mad, upon written request to the Purchasing Department asl~ :for clarification of any insurance requirements at any time; l~ov~ever, contractors axe strongly advised to Ana%e such requests prior to bid opening, since the %surance requirements may net be modified ar waived after bid opening unless a v~ritten e~ceptian has been subrni.tted pith the bid. ontractar shall not com~cnce any v~ork or deli~cr any material until he ar she receives notiflcativn that the contract has been accepted, approved, and signed by the pity of Denton. insurance policies proposed or obtained in satis:Factian o~ these requirements shall comply i~ the falloing general specifications, and shall be maintained in compliance with these general specifications thraugl~aut the duration the antract, or longer, if so Hated: Each policy shall be issued by a coinpan authari.~ed to do business in the Mate off` Texas pith an A.l. ~e~t oinpany rating of at least . Any deductibles ar self insured retentions shall be declared in the bid pre anal. I~ re nested b P q ~ the pity, the insurer shall reduce or eliminate such deductibles or self insured retentions Frith respect to the it~r5 its af~cials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment aI' losses and related in~estigatians, claim dr~i.r~istratian and defense expenses, I~ialaihty pohcle shall be endorsed to provide the following: . dame as additional insured the pity of Denton, its officials, agents, Employees and volunteers. That such insurance is primary to any ether insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each ~hibit ~raad Iarm contractual liability ~prelerabl~r b~ endarsement~ covering this contract, personal injury liability and broad Iorm property dalnage liability. . ~ utornobile Liability Insurance; antractar provide arn.mercial Automobile Liabi~it~ insurance v~ith on~bined dingle Limits o not less than 34~ either in ~ single policy ar in combination al~ basic and u.brell ar excess policies. policy include bodily injury and property damage liability arising out o~ the operation, maintenance and use aI all autan~abiles and ~aobile equipment used in conjunction v~ith this contract. atislactian aI the above requireruent shall be in the 1~ar~. o;~ a policy andarserriant rar: any auto, ar all ov~rned, hind and non-aned autos. ~varkers ampensation Insurance ~ . contractor shall purchase and maintain arl~er's o~.pensation insurance ~vhich~ in addition to meeting the ~~nimuzn statutory requirements for issuance o~ s~zch insurance, has employer's Liability l.i~a~ts o at least for each accident, 1a~,aaa per each employee, and a ~aa?aka policy limit rar occupational disease. The pity need not be .named ~ an "Additional Insured" but the insurer shall agree to wive all rights alb subrogation against the pity, its officials, agents, employees and volunteers far any pork perrarmed 1'or the pity b~ the 1Van~ed Insured. far building ar construction prajects~ the antractar shall comply with the pravrs~ans of Attacht~.ent 1 ~n accordance wrth ~~~.09 o:~ the Teas Labor fade and rule ? ETA ~ 1 I 1 a of the Teas arl~er" o.pensatian onan~ission ~`I~. ~ ~ ~~vner's and ontractar"~ ~ratective Liability Insurance The antractor shall obtain# pay for and maintain at all tinges during the prosecution of the orl~ under this contract, an finer' and contractor's Protective Liability insurance policy naming the pity as insured rar property da~,age and badil~r injury which ruay arise in the prosecution ar the arl~ ar contractor's operations under this contract. coverage shall be an an „occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. policy limits i11 be at ,least combined bodily ~j~ and property damage per occurrence with an ~ aggregate. ~ ~ Fire Damage Legal Viability Insurance average is required if rand form general Liability is not provided or is unavailable to the contractor ar it a contractor leases or rents a portion o~ a pity building, Limits ar not less than each occurrence are required. ~ 1 Professional Liability Insurance Professional liability insurance with limits not less than ~~,Oa~ per claim with respect to negligent acts or Willful misconduct in connection with professional services i required under this Agreement.  Page 1 ~hibit ~ ~ Builders" Insurance builders" r~isl~ ~surance, an an 1~-is rarm far ~aa°l~ ar the c~m~~~ted ~al~e shall be ~ravided. Bch p~iic~ shall include ~ "1~a~ed Insured"" the pity a~ I~entan and ~u~cantract~rs as their interests mad appear. ~ ~ ~n.acrcial rune ~ra~ide co~era~e far the thert ar disappearance cash ar checl~, r~b~ber~ i~side~autside the prem~~es~ b~rg~ar a~ the premises and e~p~ayce ridelity. "phe e~plo~ee ~"~delit~ partian a~ this c~~erae should be v~ritten ~n a ~`~lanl~et" Iasi to c~~er ah e.plo~ees, including n~v~ hires. This type insurance ~h~u~d be required it the contr~ctar has access to it ~i~d~. Limits not less than each occurrence are required. ~ ~ ~dditi~nai ~nurance ~t~her insurance ~aa be required an an individual basis far extra ha~ard~u~ cantrac~s and specific er~ice agreements. ~ such additional insurance i required far a speci:~c cantracta that . requirement mill be described in the '~pecil~c Condition'" ar e contract speci~ctian.  Page 1 ~hibit ATT.~I~T i . arl~er'~ ompensatlon average Far building ar onstrnctian Pro~acts for avernnaant ntitie ~a~rnitions: erti~cata ar coverage ~r'certl~cata"}-A copy o~ a certi~~cate o~ in~uranca, a cert~icate or authority to self rn~ure issued by the cam.ss1an, ar a cavera~ ~grea.ment ~T~~ 1, T-8~, T~$, ar T-~4~, shaping s~tatutary orar' cam ensa~.an * f ~ " . . . rnurance average for the person ~ ar entity s ernplayees pra~d~,g sarv~cas on ~ project, for the duration ar the project. . Drrratian a~ the project ~ Includes a time from the beginning ar the v~arl~ on the project until the cantractor's~parsan's v~arl~ an the project hay bean completed and ~~eeptad by the governmental an~.ty. . ~er~ons pro~riding services a~ the p~aject ~'"subcontractor'" iu 4a~,a9~~ -includes a~ persons ar entities per~orn~ing all Qr part of the services the can actor his undertal~en to perform on the project, regardless a~ v~hather that person contracted directly with the contxactor and regardless of Whether that person has employees. This inc~udes# without limitation, independent contractar~, subcantractars, leasing earnpanies, mater carriers, a~rner-operators, ernp~oyeas o~ any such entity, or en~playees of any entit~r which fur~aishes parsons to provide services an the pre jeet. '"arvlces" include, ~rithaut lirnitatian, pra~iding, hauling, ar daii~erin~ equip.ent ar ~aater~~ls, ar providing labor, transpartatian, or ether service related to a pra'ect. ~ "ervicas" does not rncluda act~v~t~es u~rela.tad to the project, such as foodlbaverage vendors, mice supply deliveries, and delivery or portable toilets. The contractor shall provide coverage, based an proper reporting or classification caries and payroll amounts and ~rling of any average agreements, Which meets the statutory requirements of Teas labor bode, ectian 4a i.a 1 l ~44~ far aI1 employees of the ontractar providing services an the project, for the duration of the project. The ontractar must provide a certi~~cata of coverage to the governmental entity prior to being av~~rdad the contract. the coverage period shown an the contractor's current certificate of coverage ends during the duration o~ the project, the contractor ~.ust, prior to the end of the cavera~e period, rrra a new certificate of caerage v~ith the ga~ernmantal entity having that coverage has been atendad. . The contractor shall obtain tram e~.ch person providing services an a project, and provide to the go~arnmental entity: a certificate of coverage, prier to that parson beginning orl~ on the project} so the governmental entity gill have an ~~le cert~icates of coverage shau~ing coverage far ail persons pravidin . g services an the project; and  Page 14 ~~hibit no later than seen dais after receipt ~ the contractor, a ne~v certificate of coverage showing extension ar coverage, if the coverage period shown an the current cer~,f~cate of coverage ends during the duration of the pr~~ ect, The contractor shall retain all required certificates Q~ coverage f ar the durat~~n ~r the pra~eat end far one dear thererter. . The contractor shah notir~ the governmental entity in v~riting by certified ~1 or personal delivery, u~ithin Ia days after the cantract~r 1~ne~v ar should have 1av~n, an~r change that materiall~r afrects the proisi~n of ca~erage o~ an~r person pra~id~ng services on the project. The contractor shall past an each project site a na~icet in the test, form and rnanner prescribed h the Teas ~rl~ers" ~n~pensation omission, in:rormi.ng all persons providing services an the project that they are required to be covered, and stating hove person ~aay verify c~~erage and report lacy of coverage. The contractor shai.l contractually require each person v~ith v~harn it contracts to pr~~ide services on a project, to: ~ . ~r~~ide coverage, based an proper reporting of alassi~ication codes and payroll an~aunts and fang o~ any coverage agreements, which meets the statutory requirements of Texas h,abar bode, section 4~1,~11~44} for all of its employees providing services on the project, far the duration of e pro ject; provide to the contractor, prior to that person beginning arl~ an the project, a certificate of coverage showing that coverage is being provided for all e~nplayees ar the person providing services an the praje~t, far the duration of the p~a~ect; . provide the contractor, prior to the end a~ the coverage period, a nevi certificate of coverage showing e~tensi~n Qf coverage, the coverage period sha~vn an the current cert~icate of coverage ends dnri.ng the duration o the proj ect; obtain from each other person with ~harn it contracts, and provide to tlae contractor: certificate of coverage, prior to the other person beginning ar on the projectx and a nevi certificate of coverage shaving etensiQn o~ coverage, prior to the end of the coverage period, i~ the coverage pe~.ad shown on the current certificate coverage ends during the duration of the project; retain all required certificates of coverage on rile for the duration of the project and ror one gear there after; no the governmental entity in ring by certified mah or personal delivery, within l~ days after the person l~nev ar should have l~n~vn, a~ any change that materially a~~ects the provision ar coverage of any person providing services ark the project; and  Page 1 ~~bzt can.tractuall require each person with v~ham it cQntract~, to perrarm a~ required ~y ~aragra~h ~ 7}, pith the cer~i;~cates of eaverage to ~e prodded to ~e person far wham are proidin er~ice, - ~ siia.g this contract or prodding ar causing to prodded a certificate of coverage, e contractor is re~resentig to the go~eren~a1 e~ti that all e~.picyees of the captractor ~vha v~i1l ~ro~ide ser~ice~ on the pra~ect mill capered b~ ~var~~ers' campensatian ca~erage far the duration of the project, that the ca~erage rid he based a~ proper repart~n,g of clasi~~catian code and pa~ra~i amounts, and that a1~ coverage agreemen~ks ~ be flied pith the, a~~ropriate fns~arance cagier ar, in the case of a self insured, with the carr~niss~on'~ i~ision of eI~ In~u~rce eguiation. Prodding false ar misleading inrarmtion mad subject the cantrac~ar to admin~~~rative penalties, crimal penalties, ci~~. penaltiex ar other civil actions. . The cantr~c~ar' ~ failure to campy nth nor of these pro~isicns i ~ breach of contract b ~e Y cantractQr which entities the governmental entity to declare the contract acid if the con~tractar does not remedy the breach within ten dais after recent of notice ~ breach frorn the governmental entity.  Page 1 IV~~IT lv~~r~T ~T~~vn~r ~~r~ ~ far vendor or other erson doing business v~ith local governmental entity This questionnaire reflects changes rude to the 1au~ by ,I3. 149 8ath deg,, Regular GT ~ ~ esslan, . date Received This questionnaire ~ being filed in accordance with chapter I7~ of the Local Government bode by person u~ho has a business relationship as defrned section 17.oo~~i.-~} ~i~i ~ local go~ernnxet~tal entity and the person meets requirements under section 17~.~~~~a~. ~ la~v this questionnaire must be filed with the records admin~stratar of the Iocal government entity not later than the 7th business day Ater the date the person becomes aware of facts that require the statement to be filed. Sep ectian Local Cavernment bode. ~ person commits offense if the" person l~naingly violates section 1~~.0~~, Local Government bode, ~n offense under this section is a glass misde~aeanor, 1 Name of person ~vho has a business relationship with local governmental entity. he~t~iis box if you are filing an update to a. previously filed questionnaire. {The lam requires that you f~1e an updated completed questionnaire with the appropriate ~g authority not Inter than the 7t~ business day after the date the ~rigina~ly filed uestiannaire becomes incon~ lete or inaccurate. ~ ~ ~ carne of local go~ernn~er~t of~~cer Frith wham filer has an employment ar business relationship. Dame Df~cer This section, item 3 including subparts , B, must he completed far each af~icer v~rith ~vhon~ the ~rler has an employment ar other business relationship as defined by ectian 17,~~ i ~ 1-a~, LQCaI Government bode, ~.ttach additional pages to this Farm CIS a necessary. Is the local overnn~.ent ❑fficer tined a~ this section receiving or lil~ely to receive taxable incorrle, other than in~est~nent income, from the filer of the questiar~naire`~ es o Is the frier of the questionnaire receiving ar lil~ely to receive taxable income, other than investn~cnt income, from or at the direction of the local government officer named in this section ~ the taxable income is not received franc the local governmental entity`? Q e loo Is the f~1er of this questionnaire employed by a corporation or other business entity Frith respect to Which the local government orficer series as an aff~cer or director, or holds an ownership of 1o percent or more? es o D. lescribe each affiliation or business relationship. ~hi~i~ ~ igna~ur~ p~r~an d~~r~~ b~~~ ~h~ . ov~rn~ne~~~l ~~~i~ ~a~e  Page 1 8 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 September 28, 2009 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 7 Monday, September 28, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Dick Smith, Bill Cheek, Randy Robinson, Barbara Russell and John Baines 11 (arrived at 9:04 a.m.) 12 13 Ex Officio Members: 14 Howard Martin, ACM Ut111t1eS 15 16 Absent: Phil Gallivan (not excused) and Bill Grubbs (not excused) 17 18 OPEN MEETING: 19 20 ITEMS FOR INDIVIDUAL CONSIDERATION: 21 22 5) Consider recommendation for approval of an ordinance accepting proposal and awarding a 23 contract for the Professional Services of KEMA to ensure that DME and the City of Denton 24 will be compliant with the Texas Regional Entity (TRE) and with North American Electric 25 Reliability Corporation (NERC) for a total not-to-exceed cost of $169,580. 26 27 ACM Martin called on Phil Williams, DME General Manager, to present this item. Williams 28 stated that after the Northeast Blackout on August 14, 2003, it was determined that the causes for 29 the blackout were ineffective vegetation management, equipment failure, inadequate diagnostic 30 support and failure to follow NERC Operating Policies and planning standards. Congress 31 responded to the blackout findings by adding additional compliance monitoring and enforcement 32 of NERC standards. 33 34 Williams then stated that NERC relies on regional entities for enforcement through approved 3 5 delegation agreements and that regional entities are responsible for monitoring compliance 36 within their regional boundaries, assuring mitigation of all violations and assessing penalties and 3 7 sanctions for failure to comply. Williams the Texas Regional Entity (TRE) has the auditing 3 8 responsibility from NERC and is the auditing entity for DME. An audit now confirms tree 39 trimming activity; relays are tested, and there is training of operators. Williams stated that 40 compliance now requires objective measurements and concrete actions to resolve violations and 41 there are now fines for non compliance. 42 43 Williams stated that today DME is registered with NERC as a Distribution Provider (DP) and at 44 this time there are fourteen (14) actively monitored NERC Standards. With the construction of 45 the RD Wells substation and the addition of the new 13 8KV line built to energize the station, the 46 compliance registration for DME will be upgraded to three additional registration functions 47 which will place DME at ninety-four new actively monitored standards of compliance and 48 subject to fines and sanctions by both the TRE and NERC. Draft Minutes of the Public Utilities Board meeting September 28, 2009 Page 2 of 3 1 Williams stated that this item is to hire a consultant, KEMA, to assist the City with compliance 2 and that non-compliance brings fines up to $1 million a day. KEMA will come in, determine 3 that DME is following the standards, and to equip DME to survive an audit by providing 4 documentation that can prove to a third party that DME has been testing relays, inspecting lines 5 and that tree trimming is in place. DME needs such documentation and staff needs help with the 6 process and KEMA has done this with other agencies, and knows what NERC is looking for and 7 how to provide the documentation to prove DME has been doing the right things. 8 9 Board Member Bill Cheek questioned that the audit has to be completed by December 2009, in 10 the next two months? Williams replied that is correct and that it will include a mock audit. 11 Cheek stated he did not understand the $169,000 cost for two months and that he did not 12 understand why it costs that much for such a short period of time. Williams stated that part of 13 what DME is buying is not just KEMA's time but also buying the knowledge of what NERC 14 expects in documentation. Board Member Cheek then asked how often an assessment would be 15 conducted in the future. Williams stated that once this assessment is complete there will not be 16 the need for another unless NERC drastically changes the standards. Williams also pointed out 17 that there are not many consultants in the market that offer this service. 18 19 Board Member Bill Cheek stated that the proposal was dated August 28, 2009 and is there a 20 reason for the delay in bringing it to the Board. Williams stated staff was working through the 21 contract. 22 23 Chair Dick Smith asked that KEMA will provide methodology and is not just coming in and 24 doing an audit; KEMA is leaving materials for future use. Williams replied that is correct and 25 that as much as the value of KEMA's time is the materials and documentation staff will receive. 26 Chair Smith stated that it appears staff has waited until the last minute to get this done when it 27 might have been done sooner. Williams replied yes. Board Member Cheek asked if done 28 earlier, would it have been cheaper. Williams replied he did not think it so because there is not 29 anybody else out there that can offer this service. Board Member Barbara Russell stated that 30 KEMA is the only one proficient in this area. 31 32 Board Member Randy Robinson asked if the December 2009 is an ERGOT deadline. Williams 33 stated that it is a self imposed deadline and with load requirements changing after the hook up of 34 Hickory substation to the RD Wells substation next March, and if there is an issue after that hook 35 up, he does not want to wait until the last minute to address that issue. 36 37 ACM Martin stated that one reason staff decided to make this a presentation is that during the 3 8 budget process, 4.5 positions were approved to meet the demands of NERC compliance. Martin 39 also stated that one will find that with almost any state or government regulatory inspection 40 program there is a base document to start from but as one receives audits or inspections and the 41 states program evolves, one will see that requirements for documentation evolve also. It will 42 change almost with every audit with looking at, and focusing on, something that is a priority so 43 one will be improving documentation along with the evolution of the state program and the state 44 laws. Draft Minutes of the Public Utilities Board meeting September 28, 2009 Page 3 of 3 1 Jeff Morris, DME Operations Division Manager, stated that DME is compliant at this time as a 2 registered distribution provider. In March, however, DME has to reregister as a Transmission 3 Owner, Transmission Operator and Load Serving entity and that will bring seventeen compliance 4 standards to the already existing standards and staff knew that with existing staff, there is no way 5 DME could go transition from seventeen to ninety-four standards and that is what KEMA is 6 helping to provide; anything DME needs KEMA will provide. Morris also stated that KEMA 7 will be retained, at a low yearly rate, to come in and look at NERC standards as they change and 8 help DME stay compliant as DME moves forward from now on. Everybody in the nation is 9 going through the same pains that DME is experiencing. 10 11 Board Member John Baines moved to approve with a second from Board Member Randy 12 Robinson. The motion was approved by a 5-0 vote. 13 14 The meeting was adj ourned by consensus at 11:10 a.m. CITY OF DENTON CITY COUNCIL MINUTES August 18, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, August 18, 2009 at 3:00 p.m. in the City Hall Conference Room at City Hall. PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Engelbrecht, Gregory, Heggins, and Mulroy. ABSENT: Council Member Watts 1. Staff responded to requests for clarification of agenda items listed on the agenda for August 18, 2009. City Attorney Burgess stated that Consent Agenda Item 3 G needed to be corrected. The ordinance in the agenda packet referenced Borman Elementary and it should reference a broader area and apply at other areas where there were school bus loading zones. Mayor Burroughs stated that Consent Agenda Item 3I was a sole source contract for a professional services agreement. City staff had worked very hard to get the fee down on the contract which was now below the norm. He congratulated the staff on that accomplishment. Mayor Burroughs asked about the surveying contract associated with Consent Agenda Item 3E. He questioned why the contract was going from a 1 year term to a 3 year term. Frank Payne, City Engineer, stated that staff had requested a 3 year term to make it easier to facilitate projects. It was not any different than a 1 year contract but easier to facilitate. Mayor Burroughs asked why a local firm was not chosen. Payne stated that staff had looked at many services in 2003. This particular firm was able to provide the volume of services needed and was responsive to the City's needs. The firm had a working relationship with the city prior to the current contract. Item 3 was considered. 3. The Council received a report, held a discussion and gave staff direction regarding the outcome of the 2009 State Legislative Program of the City of Denton during the 81St Texas Legislature, including future legislative issues and strategies. Lindsey Baker, Assistant to the City Manager, introduced Snapper Carr, Hillco, who presented an update on the item. Snapper Carr, Hillco, presented highlights of the legislative session. The session overview included new leadership in the House with Speaker Strauss; a new record number of 7,609 bills filed with 1,468 passing. The Governor vetoed 35 of the bills that passed. Additional overview comments included the fact that there was a narrow partisan split in the House; federal stimulus funding was used to balance the budget; there were communication breakdowns between the House and Senate leadership which caused a special session; and a significant delay with the local calendar which resulted in an unprecedented last minute flurry to revive bills. Cities came out of the session with local control of the budgeting process and increased funding for local transportation projects. The next session issues would probably deal with budget concerns, redistricting, the sunset of the PUC, TCEQ, TEA, TxDOT and TDI, school funding issues, transportation funding and state water plan funding. City of Denton City Council Minutes August 18, 2009 Page 2 Mayor Burroughs asked if there was anything Denton could have done differently to champion the city's issues. Carr felt that there was not much that could have been done differently. He felt they needed to continue with an educational process for legislators. Council returned to the regular agenda order. 2. The Council received a report, held a discussion and gave staff direction regarding a November Charter election. City Attorney Burgess stated that the report submitted was the result of the work done by the Term Limit Charter Review Committee. Chair Bill Giese would present the report from the Committee which included a resolution passed by the Committee on the proposed recommen atlons. Bill Giese, Committee Chair, stated the committee members were from many different areas of the city with open and free discussions held on the issues. The Council had approved a resolution that stated what the committee could consider. Seven meetings were held to consider the issues. A website was established for citizen comments and all comments were distributed to the committee members. The Committee reviewed numerous charters of other Texas cities and reviewed the National Civic League Model City Charter. Information considered by the committee included a report from Dr. Valerie Martinez-Ebers on the pros and cons of term limits, reports from former elected officials about the history of Denton and term limits, and a report from City staff about elected officials' terms of service. The Committee recommended the term of service for elected officials be two years. The current city charter provided for two years of service and they felt this term of service had and would serve Denton well. The Committee recommendation was to amend the Charter so a city council member could serve three full consecutive two-year terms in a place but may be elected to another place on the council, so long as otherwise eligible, except that no council member shall serve for more than 12 consecutive years unless such member was off for at least one council election cycle. Council Member Gregory stated that an individual could then serve for 12 years, be off a year and serve another 12 years. Giese replied correct. City Attorney Burgess stated that there were two items on the regular agenda for Council to consider. One would call the election and other was a joint contract with the County to perform the election. Council Member Mulroy stated that other business was discussed when the resolution was passed such as clean up housekeeping items Council had asked staff to review and bring forth at t e same time. Burgess stated that staff would need additional time to look at those issues. A review of the Charter would take some time. A charter election could only be held every two years. Council Member Mulroy stated that the housekeeping issues were part of the agreement to move this forward. Those items were to be segregated from the other issue but combine that together City of Denton City Council Minutes August 18, 2009 Page 3 going forward. Council Member Watts had questioned Section 3 dealing with the vacancy of the Mayor's position. That was not addressed yet. Section 3 had a potential conflict with the Committee's work product and the twelve year maximum service when dealing with the Mayor Pro Tem completing the term of the Mayor due to a vacancy. There was the potential to disqualify the Mayor Pro Tem for future terms. Mayor Burroughs noted that the last day to order an election was in two weeks. He questioned if a November election would be too soon for clarification of these items. If not a November election, then it would have to be done in conjunction with a May election. Cleanup issues would be less of an issue for a May election especially when there was a recommendation to not have any change in terms. His personal view was that the committee had a reasonable approach, the clarification of issues and the other items suggested were not controversial so they could go on a May election. Council's choices were to go forward with the Committee recommendation on just that issue, pull the item off the agenda until the September 1 meeting, or hold off until May. Burgess stated that the issue in terms of service probably would not be a problem but if Council wanted a larger look at the Charter, it would take time. She would rather do the review correctly rather than in a rush. Council Member Mulroy stated that he was not advocating a review of the Charter in total, but rather three or four items were outdated and did not have a clear intent. Section 2 and 3 included such items as member residency and moving during term of office and the council non- interference clause. It was part of his understanding that these would be considered to move forward. He felt there was a need to wrap all items discussed before moving on with the issue. Council Member Heggins felt that in May citizens were busy looking at incumbents and new candidates. There was also a tendency for a low voter turnout. She thought a November election would be better. She was in favor of the committee recommendations. Council Member Gregory felt that Council needed to give staff direction regarding residency. Burgess stated that if elected to a single member district, the member must stay in that district during term of office. Consensus of the Council was that was correct. Council Member Mulroy stated that there were still two policy issues to consider. One was not to benefit a city council member and the other was the item Council Member Watts had questioned regarding the Mayor Pro Tem finishing out the Mayor's term in the event of a vacancy. Burgess stated that currently the Charter had a vacancy in the office of mayor filled in a different manner. A vacancy in the remainder of the Council was filled at an election at the next uniform election date. There was a disconnect between how the mayor and council seats were filled. She asked Council if they want the procedure to be the same or filled in a different way. Council Member Mulroy felt a mayoral vacancy should align the same as other council members. City of Denton City Council Minutes August 18, 2009 Page 4 Council discussed how to fill a vacancy for mayor and council. Burgess stated that she could work the wording to make a vacancy of the mayor be filled the same as the rest of the council. Consensus of the Council was to proceed with that wording. Mayor Burroughs suggested working towards the goal of having the wording prepared by the September 1 meeting and on September 1 consider ordering the election. 3 . The Council received a report, held a discussion and gave staff direction on the 2009-10 City Manager's Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. Bryan Langley, Director of Finance, presented information concerning an update on the budget. Sales tax receipts continued to lag from the 2008-09 budget projection and there was a need to reassess assumptions as a lower projection would affect the forecast in all future years. 5 FTs were included in the budget for additional police officers with the recommendation contingent on grant funding. Staff had learned that the grant would not be received so the positions would be removed from the proposed budget. Council had indicated concern for the following recommended reductions/revenue enhancements: Vendor permit fees from Jazz Fest - $18,000 Reduction in the purchase of library materials - $120,000 Elimination of the court reporter - $16,000 Elimination of Kiwanis fireworks funding - $20,000 The updated financial forecast included a revised sales tax estimate, the elimination of the 5 FTs for police, and removal of the above reductions/revenue enhancements. The updated 2009-10 General Fund long term plan included 0% ad valorem growth for 2010 and a 4% growth each year thereafter. Council Member Gregory asked about numbers for a smaller growth. Langley stated that there would be greater impact on the figures if a smaller amount was used to start with. The next steps in the budget process included a September 1St budget discussion; September 8th would be a public hearing on the tax rate and proposed budget, if necessary; September 15th would be a public hearing on the tax rate and proposed budget; and September 22nd would be the adoption of the tax rate and approval of the annual program of services. Mayor Burroughs asked about the amount of outside counsel budgeted for next year. City Attorney Burgess stated that she had pulled all of the invoices and numbers from a variety of places such as the Risk Retention fund, consultation monies, and city attorney funds as well as embedded funds in departments such as electric utilities fees funded through those types of departments. A full fair picture to deliver legal services was gathered from all of those funds. City of Denton City Council Minutes August 18, 2009 Page 5 Mayor Burroughs stated that it appeared that the in-house costs for the Legal Department were stable while the outside costs for past years had increased greatly. He questioned what was facing the Department this year to project forward. Burgess stated that it would depend on how many times the City was sued during the next year, on how many lawsuits the City chose to bring against someone else, on the operational tempo in the organization and specialized legal services. Rodney Patterson, Plan Examiner Supervisor, presented information on Projectdox software. There were several issues with the current plan review process including limitations for plan submittal due to hours of operation, sheer volume of paper plans which were submitted during the review cycles, routing and rerouting of plans, no central location for plans, comparing revisions took days to review, and plans sometime ended up in the wrong hands. He reviewed the current plan review process. Benefits of an electronic plan review process included plans submittal could be done 24 hours allay/seven days a week, routing of plans to various departments/agencies/applicants could be done with ease, plan reviewers could review plans and compare revisions on a monitor, there would be no need to store the plan revisions because there would be one central location for them, the time required for comparing revisions and final sets would be reduced, the applicant would be notified by email automatically when revisions were completed, Proj ectDox would not be used only for the permitting process, the DRC process would be transitioned to ProjectDox and developers would benefit the most with this transition. Mayor Burroughs asked if there was a way to verify that an email was received by a developer. Unless the individual requested a verification of the delivery, he could say he never received it. Patterson stated that staff always verified that the emails were received with afollow-up call to the applicant. He continued with the advantages and disadvantages of the program, the cost savings and reviewed the return on investment figures. Council Member Mulroy stated that the presentation focused on the review process. He questioned if the program could be used for platting and preliminary process or would that be a separate unction. Patterson stated it would be the same for all. Council Member Mulroy asked if there would be a fee associated with using this program. Patterson replied correct but even if the charge were $300 it would be a savings to the developers. Council Member Mulroy asked if the net sum for the investment would be paid back through fees. Patterson replied correct. Council Member Gregory asked if the addition of this program would reduce staff or at least not increase sta . City Manager Campbell stated that as the economy turned around, there might a need to hire additional staff but would not impact the current staff in terms of numbers. City of Denton City Council Minutes August 18, 2009 Page 6 Council Member Mulroy suggested that going forward staff look at fees tied to hard numbers and how the fees pay for the system. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:15 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071. 1. Discussed and deliberated the status of pending mediation efforts regarding several public power issues involved with the Texas Municipal Power Agency litigation described below and received a briefing from a City representative. Received a briefing and status report from the City's attorneys regarding the litigation entitled Ex Parte Texas Munici al Power A enc Cause No. D-1-GN-08-003426, pending in the 1261 Judicial District Court in and for Travis County, Texas; as well as Ex Parte Texas Municipal Power Agency - II, Cause No.D-1-GN-08-003693, in the 261St Judicial District Court in and for Travis County, Texas; and the Texas Municipal Power A e~nc~ Plaintiff v. Cit~yan, Texas, Defendant, Counter-Plaintiff and Third Party Plaintiff, v. City of Denton, Texas and City of Garland, Texas, Third Party Defendants, Cause No. 28169, now pending in the 506th Judicial District Court in and for Grimes County, Texas. Discuss and deliberate and provide the attorneys with direction. 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. This item was not discussed. B. Deliberations regarding Real Property -Under Texas Government Code Section 551.072; Consultation with Attorney -Under Texas Government Code Section 551.071. 1. Discussed, deliberated and received information from staff and provided staff with direction pertaining to the grant of an easement for the construction, maintenance and operation of a rail line within the Denton Rail Corridor to the Denton County Transportation Authority (DCTA), the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9,1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would City of Denton City Council Minutes August 18, 2009 Page 7 have a detrimental effect on the position of the City Council in negotiations with DCTA. Consultation with the City's attorneys regarding legal issues associated with the granting of said easement above described where a public discussion of these legal matters would clearly conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. This item was not discussed. C. Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. 1. Received competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric ("DME") for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters. This item was not discussed. D. Consultation with Attorneys -Under Texas Government Code Section 551.071 1. Consultation with the City's Attorneys, and receipt of legal advice, regarding potential bargaining issues to be raised by management team representatives during Meet and Confer negotiations with the Denton Police Officers Association and Denton Fire Fighters Association. Public discussion would conflict with the duties of the City's attorneys to maintain confidential communications with the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. E. Deliberations regarding consultation with the City Attorney -Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations -Under Texas Government Code Section 551.087. 1. Received a report and held a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding the construction of needed infrastructure in the industrially zoned area along Airport Road, west of Interstate 35 in support of Project Teacup. City of Denton City Council Minutes August 18, 2009 Page 8 Following the completion of the Work Session, the City Council attended a reception for Board and Commission members at 5:30 p.m. in the Council Work Session Room at City Hall. The City Council convened in the Council Chambers at 6:00 p.m. to consider the following: 1. Council considered approval of a resolution of appreciation for retiring Board/Commission members. Mulroy motioned, Heggins seconded to approve the Resolution of Appreciation. On roll vote, Engelbrecht "aye", Gregory "aye", Heggins "aye", Kamp "aye", Mulroy "aye", and Mayor Burroughs "aye". Motion carried unanimously. 2. Oath of Office for New and Continuing Board Members. Jennifer Walters, City Secretary, administered the Oath of Office for new and continuing board members. After determining that a quorum was present, the City Council convened in a Regular Meeting on Tuesday, August 18, 2009 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Texas Public Power Association's presentation of the System Achievement Award to DME and Industry Achievement Award. Mark Zion, President of Texas Public Power Association, presented the System Achievement Award and Industry Achievement Award to the City of Denton. 2. Presentation of the U.S. Conference of Mayors City Livability Award for the Recycling Division's Sustainable Schools Program. Greta Calvery, Area Community and Municipal Affairs Manager for Waste Management, Inc., presented the U. S. Conference of Mayors City Livability Award for the Recycling Division's Sustainable Schools Program to the City. 3. Women's Equality Day Proclamation Mayor Burroughs read the proclamation for Women's Equality Day. City of Denton City Council Minutes August 18, 2009 Page 9 3. CONSENT AGENDA Mulroy motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions including the changes already incorporated into Item 3G. On roll vote, Engelbrecht "aye", Gregory "aye", Heggins "aye", Kamp "aye", Mulroy "aye", and Mayor Burroughs "aye". Motion carried unanimously. A. Approved a request for an exception to the Noise Ordinance and for the purpose of the 11th Annual Denton Blues Festival, sponsored by the Denton Black Chamber of Commerce. The event will be held in Quakertown Park on Saturday, September 19, 2009, from 1:00 p.m. to 11:00 p.m. The exception is specifically requested to increase hours of operation for amplified sound from 10:00 p.m. until 11:00 p.m. The amplified sound will not go above the allowable 70 decibels for an outdoor concert. B. 2009-180 - An ordinance accepting competitive bids and awarding an annual contract for water and sewer inventory parts for the City's Water and Wastewater departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4323-Annual Contract for Water and Sewer Inventory Parts awarded to the lowest responsible bidder for each item as shown on Exhibit A in the annual estimated amount of $1,000,000). C. 2009-181 - An ordinance of the City of Denton, Texas accepting competitive bids and awarding a best value purchase of a Caterpillar 826C Compactor for the City of Denton Landfill; authorizing the expenditure of funds therefor; and providing an effective date (Bid 4325-Best Value Bid for Landfill Compactor awarded to Caron Compactor Company in the amount of $182,550). The Public Utilities Board recommended approval (6-0.). D. 2009-182 - An ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with Halff Associates, Inc., for Park Design and Planning Services for Owsley Park, Preserve at Pecan Creek Park and Wheeler Ridge Park; authorizing the expenditure of funds therefor; and providing an effective date (RFSP 4296-Professional Services Agreement for Park Design and Planning Services for Owsley Park, Preserve at Pecan Creek Park and Wheeler Ridge Park awarded to Halff Associates, Inc., in an amount not to exceed $121,000). E. 2009-183 - An ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with Arthur Surveying Co., for Professional Surveying Services for various City departments; authorizing the expenditure of funds therefor; and providing an effective date (File 4374-Professional Services Agreement for Professional Surveying Services awarded to Arthur Surveying Co., in an amount not to exceed $500,000). The Public Utilities Board recommended approval (5-0). City of Denton City Council Minutes August 18, 2009 Page 10 F. 2009-184 - An ordinance authorizing the Mayor or his designee to enter into an Interlocal Agreement with Denton County for the County to provide property tax billing and collection services for the City of Denton; providing a savings clause and providing an effective date. G. 2009-185 - An ordinance amending Chapter 18 of the Code of Ordinances to revise the bus loading zones to provide for limited time periods for the loading zones and to allow for towing of illegally parked vehicles in all the school bus loading zones; providing a penalty of a fine not to exceed two hundred dollars ($200.00); providing a severability clause; providing for publication; and declaring an effective date. The Traffic Safety Commission recommended approval (8-0). H. 2009-186 - An ordinance approving and authorizing the City Manager of the City of Denton, Texas to execute and deliver a Second Amendment to the Master Lease Agreement by and between the City of Denton, as lessor and the Denton County Transportation Authority, as lessee; providing for the modification of sections 3.2a and 3.2b of the Master Lease Agreement dated September 30, 2005 pertaining to certain leased premises owned by the City; authorizing the City Manager to take any and all necessary actions to complete the same; providing an effective date. The Public Utilities Board recommended approval (6-0). I. 2009-187 - An ordinance approving a Professional Services Agreement for Architect or Engineer by and between the City of Denton, Texas and Malcom Pirnie to provide engineering services for the preliminary design of the Lake Lewisville Water Treatment Plant Rehabilitation and Process Upgrade; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (6-0). J. R2009-023 - A resolution voting for a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. K. R2009-024 - A resolution allowing the Black Chamber of Commerce to be the sole participant allowed to sell alcoholic beverages at the Blues Festival on September 19, 2009, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommended approval (4-0). L. Approved the minutes of: July 21, 2009 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas amending the Schedule of Fees contained in Ordinance 2004-06o by adopting a new Planning and Development Department Review Fee Schedule as authorized by the Denton Development Code for the City of Denton, Texas, for filing applications for review, City of Denton City Council Minutes August 18, 2009 Page 11 approval, and issuance of specific use permits (SUPS) for: home occupations that require the approval of an SUP, adult day care; childcare/day care home; group homes; accessory dwelling units; and any development within the In-Fill Special Purpose District that requires the approval of an SUP; providing a severability clause; providing for publication; and providing for an effective date. Mark Cunningham, Director of Planning and Development, stated that staff was proposing an amendment to the fee schedule relative to specific use permits. The City currently charged one fee for a specific use permit regardless of the size or complexity of the project. Staff felt that there were some specific use permits that would benefit from a lower fee such as home occupations, adult day care, childcare, group homes, accessory dwelling units and any in-fill special purpose district. A flat fee of $500 for the uses mentioned was proposed. The fee would be adequate for review and public notification for the uses recommended. This reduction in the fee would not have a fiscal impact if Council decided to grant the reduction of the fee. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: N0.2009-188 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF FEES CONTAINED IN ORDINANCE 2004-060 BY ADOPTING A NEW PLANNING AND DEVELOPMENT DEPARTMENT REVIEW FEE SCHEDULE AS AUTHORIZED BY THE DENTON DEVELOPMENT CODE FOR THE CITY OF DENTON, TEXAS, FOR FILING APPLICATIONS FOR REVIEW, APPROVAL, AND ISSUANCE OF SPECIFIC USE PERMITS (SUPS) FOR: HOME OCCUPATIONS THAT REQUIRE THE APPROVAL OF AN SUP, ADULT DAY CARE; CHILDCARE/DAY CARE HOME; GROUP HOMES; ACCESSORY DWELLING UNITS; AND ANY DEVELOPMENT WITHIN THE IN-FILL SPECIAL PURPOSE DISTRICT THAT REQUIRES THE APPROVAL OF AN SUP; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Engelbrecht motioned, Heggins seconded to adopt the ordinance. On roll vote, Engelbrecht "aye", Gregory "aye", Heggins "aye", Kamp "aye", Mulroy "aye", and Mayor Burroughs "aye". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Tabled -Consider adoption of an ordinance of the City of Denton, Texas approving an interlocal cooperation agreement and granting an easement to the DCTA on the Denton Branch Rail Trail for the purpose of building a public City of Denton City Council Minutes August 18, 2009 Page 12 commuter rail line; and declaring an effective date. The Mobility Committee recommends approval (3-0). (Tabled from March 3, 2009) This item was not removed from the table. B. Ta_ -Consider adoption of an ordinance of the City of Denton, Texas regarding a Specific Use Permit to allow forty-six (46) attached and fifty-four (54) detached single family dwelling units on property located within a Neighborhood Residential 3 (NR-3) zoning district, the approximately 30.7 acres site being located at the southwest corner of Hinkle Drive and Windsor Street; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and effective date. (509-0002) The Planning and Zoning Commission recommends denial (5-0). A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL. (Tabled from July 21, 2009) This item was not removed from the table. C. Ta_ -Consider adoption of an ordinance of the City of Denton, Texas regarding a Specific Use Permit to allow for gas well drilling and production on property located within the Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU), the approximately 3 acre site being located on the west side of Bonnie Brae Street, north of Scripture Street; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (509-0006) The Planning and Zoning Commission recommends approval (4-0). (Tabled from August 4, 2009) This item was not removed from the table. D. The Council was to consider approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 22, 2009 City Council public meeting agenda to adopt a 2009 Tax Rate that will exceed the lower of the rollback rate or the effective tax rate; calling two public hearings on a tax increase to be held on September 8 and September 15, 2009 and calling a budget public hearing on the Fiscal Year 2009-10 Annual Program of Services of the city of Denton to be held on September 1, 2009; requiring publication of a notice of the public hearings in accordance with the law; requiring the posting of the notice of the public hearings on a tax increase on the City's Internet website; requiring the posting of the notice on the City's public access channel; and providing an effective date. This item was not considered. E. The Council was to consider adoption of an ordinance ordering an election to be held on November 3, 2009 for the purpose of submitting to the registered voters of Denton, Texas amendments to the Denton City Charter regarding terms of office and term limits; prescribing the time and manner of the conduct of the election to be in accordance with an agreement with Denton County; prescribing the form of ballot; providing for notice; providing for publication of notice of this election; providing a severability clause; providing an open meetings clause; and providing an effective date. City of Denton City Council Minutes August 18, 2009 Page 13 This item was not considered. F. The Council considered adoption of an ordinance authorizing a contract for election services with Denton County, Texas, performed by and through its Election Administrator to conduct a November 3, 2009 election concerning amendments to the City of Denton Charter; authorizing the expenditure of funds therefor; and providing an effective date. Mulroy motioned, Kamp seconded to table this item. On roll vote, Engelbrecht "aye", Gregory "aye", Heggins "aye", Kamp "aye", Mulroy "aye", and Mayor Burroughs "aye". Motion carried unanimous y. G. Consider appointments to the following boards and commissions: 1. Construction Advisory and Appeals Board 2. Historic Landmark Commission 3. Zoning Board of Adjustment Engelbrecht motioned, Heggins seconded to appoint Brett Darr to the Construction Advisory and Appeals Board. On roll vote, Engelbrecht "aye", Gregory "aye", Heggins "aye", Kamp "aye", Mulroy "aye", and Mayor Burroughs "aye". Motion carried unanimously. H. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: a. Rudy Rivas regarding abuse of authority-impersonating a civil servant. Mr. Rivas was not present at the meeting. I. 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. Council did not have any items. J. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Mayor Burroughs indicated Council would return to Closed Session to discuss Closed Session Item E 1. K. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting Items. With no further business, the meeting was adjourned at 7:10 p.m. City of Denton City Council Minutes August 18, 2009 Page 14 MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES September 1, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, September 1, 2009 at 3:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs; Council Member Heggins, Council Member Mulroy, Council Member Watts, and Council Member Engelbrecht. ABSENT: Mayor Pro Tem Kamp and Council Member Gregory. 1. Requests for clarification of agenda items listed on the agenda for September 1, 2009. City Attorney Burgess stated that the ordinance for Consent Agenda K dealing with DART had an incorrect date. Council had been provided a revised ordinance for consideration. Mayor Burroughs noted that the guidelines for Consent Agenda Item I which was presented a few months ago, now was being revised to allow for heavier equipment. He asked if the City was obligated to do this and/or was there an additional protection for the integrity of the streets due to the heavier equipment. Jim Coulter, General Manager-Water/Wastewater, stated that staff had used the Fort Worth ordinance to draft the Denton ordinance. Smaller equipment was provided for in the original ordinance. This revision would allow for larger equipment but would not damage the streets. 2. Receive a report, hold a discussion and dive staff direction re~ardin~ new procurement procedures for purchase of goods and services used for electric production, transmission, distribution and stations stems. Karen Smith, Senior Buyer, stated that Senate Bill 7 allowed municipal owned electric utilities to adopt specialized procurement procedures. The statute allowed a utility an exemption from Chapter 252 of the Local Government Code which governed purchasing procedures for municipal governments. Staff had polled other cities on their procedures and presented a draft policy to the Audit/Finance Committee in May. The general policy would be used on electric production, transmission, distribution and stations systems only. Basically from the power plant to the meter only. Any other purchases would follow normal procedures. Procedures for sealed bids, advertising, change orders, project expenditure approval and critical business need were detailed. Council Member Watts questioned if the advertising period could be waived under this recommen atlon. Smith replied that it could be done if necessary. Currently there were no exceptions granted to expedite the advertising process. The recommendation was that the Purchasing Agent could shorten the advertising period or use alternate means if justified. Council Member Engelbrecht asked about critical business need category details. Smith stated that staff had created a form to help track those purchases. They included emergency situations for public health, unforeseen damage to equipment, City of Denton City Council Minutes September 1, 2009 Page 2 sole source purchases, etc. These were signed by the City Manager with notification to the Mayor or Chair of the Public Utilities Board. Mayor Burroughs felt that #3 on the Critical Business Need Justification form was written very broadly and that personal services could be for most anything. Council Member Mulroy stated that this provision was a backstop item in emergency situations such as an explosion at a transformer station which would result in the need to hire someone for those services. In that type of a situation, staff would not have time to go through normal procedures. Mayor Burroughs asked about trigger situations for this item. Smith stated that currently this was an exception in the Local Government Code and mirrored current legislation. Any exemption would have to be reviewed by the Mayor and Public Utilities Board Chair. Council Member Watts asked what was the standard for this provision to apply. Smith indicated that it would be an emergency situation but not in a situation such as a sole source prove er. Council Member Watts indicated that the process provided for notification of the Mayor and Public Utilities Board Chair. He asked if they would have approval or rejection of the item or just notification. City Manager Campbell stated that the request went first to the General Manager of DME, was reviewed by the Purchasing Agent, and then to him for signature. The process included the notification of the Mayor and PUB Chair. Council Member Mulroy stated that the signatures of the PUB Chair and Mayor were for transparency. It indicated that they knew about the transactions as they were occurring. The purchases would be reported retroactively to the Public Utilities Board and retroactively accepted by Council. Smith stated that if a situation was not addressed in this policy, the procedure would revert back to Chapter 252 which was what the City operated under. Council Member Mulroy felt that this was the right direction to follow as it was approved by legislation several years ago. He asked for a follow up report in 12 months to review how the process was going. Consensus of the Council was to proceed with the policy as recommended by staff. City of Denton City Council Minutes September 1, 2009 Page 3 3. Receive a report, hold a discussion and dive staff direction on the City of Denton's property tax exemption for designated historic sites. Bryan Langley, Director of Finance, presented the background of historic site exemptions. The original 10 year tax exemption was approved in 1987. The tax exemption was the equivalent to 50% of the assessed value and only applied to City of Denton taxes. In 1998 the tax exemption was increased from 10 years to 15 years. The change also extended the qualification period from 1998 to 2008, began the tax year after the date of designation, was applicable for consecutive years, and expired on the tax year after the 15th year. The financial impact of this exemption was approximately $23,185 per year. The Historic Landmark Commission recommended extending the designation period for exemptions for 15 years beyond 2008 to 2023. Their recommendation also included keeping the exemption period at 15 years, new properties would receive a 15 year exemption beginning with the year after their date of designation, properties with a current exemption would get an additional 15 year exemption when the current exemption expired, properties no longer eligible for an exemption under the current ordinance would get a new 15 year exemption the year after the effective date of a new ordinance. The exemption would remain at 50% of the assessed value. The staff was recommending the following: (1) per the 1988 ordinance, no new properties would be identified for exemption after 2008, (2) properties which had previously received an exemption would no longer be eligible for additional exemptions, (3) exemptions would continue for properties that had not been exempt for 15 years, and (4) exemptions would be removed from properties no longer eligible. Council Member Mulroy questioned the rationale of the 1998 ordinance limiting the exemption for just 10 years. Linda Ratliff, Director of Economic Development, stated that at that time, the then city Attorney was looking at tax abatements which were fora 10 year period and related those two together. Council Member Mulroy asked if there was a cut off after 10 years or just refresh the exemption after 10 years. Ratliff replied that with the original ordinance, it was not known if the offer was fora 10 year exemption and then renew to 15 years and allow those in the process of an exemption to get an additional 15 years. Some of the properties have had a 20 year exemption. A Council decision was needed on whether this would be an ongoing exemption for historical properties or limit the years or t e exemption. Mayor Burroughs felt there was a continuing need to encourage people to invest in these types of properties. However, he felt making a permanent exemption was not the original intent. It was a personal tax abatement for several years in order to get the property in shape. A permanent exemption would be like a permanent abatement. He wanted to encourage restoration of the properties but not make the exemption permanent and not extend beyond 15 years. He suggested removing the limitation on the identification of new properties. City of Denton City Council Minutes September 1, 2009 Page 4 Council Member Mulroy stated that the historic designation for upkeep would be more expensive than other homes and he would be in favor of continuing the exemption. Council Member Engelbrecht felt that there were two pieces to this issue -one to preserve the property and one to maintain the property. He questioned if there was a need for the same tax rate to do those two pieces and might maintaining justify a lower tax rate than the tax rate to preserve. Council Member Mulroy asked about the time element for passage. Langley stated that it needed to be done in an October time frame. Consensus of the Council was that they were in favor to allow additional properties to be identified without any sunset provision. Mayor Burroughs requested staff prepare options for Council to consider including (1) no additional exemption, (2) one additional 15 year exemption, and (3) a 15 year primary exemption period and thereafter a 25% reduction for continuing to maintain. Council Member Engelbrecht suggested looking at what other cities were doing and if any had a maintenance period. Council Member Watts requested attaching some values to the options. 4. Receive a report, hold a discussion, and give staff direction re ~ arding the priority ranking of nineteen (19) proposed annexation areas associated with the City of Denton Growth Management Strategies Plan. This flan identifies areas within the City's extraterritorial jurisdiction (ETJ) that are considered potential annexation areas. Mark Cunningham, Director of Planning and Development, provided Council with background information, planning rationale, and potential annexation sites. Background Information- In 1999 when the City adopted the Denton Plan, the City's land area was 39,695 acres. To accommodate future population and development growth, the Denton Plan anticipated the annexation of 27,100 acres within the city's ETJ. The anticipated 27,000 additional acres was based on population projections and an average density of 2,250 persons per square mile. Element Two of the City's Growth Management Strategies within the Denton Plan stated that the City should adopt an aggressive annexation policy in order to manage the density and quality of growth within the current ETJ and maintain the city's existing certificate of convenience and necessity. The City's annexation policy plan adopted in June 1993 stated that annexation was considered when a property was located within a designated urbanizing area; was expected to accommodate urban growth in the next 20 years and if the annexation was contiguous to existing city limits, city roads and rights-of way. Annexation Goals -goals included protecting the North Interstate 35 corridor, protecting the future West Loop 288 corridor, managing growth in the City's CCN, managing land uses, City of Denton City Council Minutes September 1, 2009 Page 5 creating a logical and contiguous city boundary and providing future growth areas as recommended in the Denton Plan. Factors in determinin,~potential areas for annexation -factors included physical features (creeks, railroads, roadways), property configuration boundaries, extent of recent development activity and limited number of gas wells. Potential annexation areas -Freese and Nichols studied over 48,000 acres and had identified 22 potential annexation areas. Five of the potential areas were located in the northwestern quadrant of the City, seventeen were unincorporated pockets (donut holes) that were located within the current city limits with three of the donut holes were encumbered with a 30-year restrictive annexation covenant that would expire in 2031. Cunningham reviewed recent voluntary annexations, master planned communities, northwestern potential annexations, donut holes, and donut holes with restrictive covenants. Priority ranking - At the council meeting of March 10, 2009 Council directed staff to develop a prioritization rankings for 19 potential annexation areas for a future presentation to Council. The three donut holes with restrictive covenants were not included in the potential annexation areas. Ranking criteria included cost to provide service, corridor protection, growth management, and the creation of a logical and continuous boundary. Each of the criteria was assigned a score of 0- 5and then each potential annexation area was ranked by total score. The highest ranking areas included PAA2S, PAA3, PAA4, and donut holes 1, 2, 3, 5, and 7. The total acreage of recommended annexation area came to 10,799.68 acres. Council Member Mulroy stated that Area APPAI was adjacent to the Airport and he felt that the area was ready for development. He asked staff to relook at that area for annexation. He felt it would be better to annex the area before development started rather than after development. Mayor Burroughs asked if the concept of not annexing the three areas with restrictive covenants had been effective and if any of the other donut holes had been looked at to see if they might qualify under the concept of family farms that have not been traded in anticipation of development. Cunningham stated that some of the donuts holes had maintained their rural character while some were very developed. Some along Corbin Road had large metal buildings on them and some had mobile home parks on them. There was a range between the rural and the very developed areas. Mayor Burroughs asked to have that aspect examined with the 14 donut holes to see which ones were truly family farms and maintained a rural aspect. If the areas were truly rural, it might be better to take those out and then discuss as a policy issue. He asked if the restrictive covenant agreements had worked. Cunningham replied yes. The three agreements with restrictive covenants indicated that the City would not involuntarily annex those areas or if they came in with a final plat they would be voluntarily annexed. City of Denton City Council Minutes September 1, 2009 Page 6 Council Member Watts stated that there were areas outside the city that were receiving city sewer and water such as areas on Corbin Road and Masch Branch Road. He suggested looking at those instances first -areas outside the city codes but still had the convenience of city services. Cunningham stated that a development outside the city limits was not required to plat. Council Member Mulroy felt it might be helpful to look at what had happened in the donut holes as far as city services such as police and fire. He suggested a snap shot of the reality of what services were being provided. He felt that the city was probably providing more services than what was shown. Chuck Russell, Planning Supervisor, stated that developments in the City's Division One ETJ were require to p at. Cunningham stated that state regulations limited the maximum amount of annexations done each year. A municipality could not annex more than 30% of the incorporated area as of January 1 of the current year. The City's incorporated area on January 1, 2009 was 56.391 acres. The City could involuntary annex 16,917 acres; however, staff was recommending areas totaling 10,699 areas. Annexation Plan - an annexation plan was not required if an area proposed for annexation contained fewer than 100 separate tracts of land on which one or more residential dwelling were located on each tract. Donut holes 7, 9, and 12 had more than 100 separate tracts of land on which one or more residential dwellings were located on each tract and might require annexation plans. Mayor Burroughs asked if the annexation plan would include how to extend city services. Cunningham replied correct that it was a three year plan. City Manager Campbell stated that at the end of the three years, the property would have to be annexed or the City would lose the opportunity to annex. The City would be required to work with the property owners in an area to determine when to annex and what the service plan would be. This process had to be done if there were more than 100 units in the proposed annexation area with residents. Agricultural Use -The city could not annex areas appraised for agricultural, wildlife management, or as timber land uses unless a development agreement was offered. The agreement must guarantee the continuation of ETJ status, enforcement of regulations and planning authority could not interfere with the agricultural, wildlife management or timberland use or if the landowner declined to make the agreement. These conditions would be void if the landowner filed any type of subdivision plat or related development document for the area. All five potential annexation areas in the northwestern quadrant contained some form of agricultural use and would be subj ect to these requirements. Staff recommended that all the donut holes except for 15, 16 and 17, and areas PAA2S, PAA3 and PAA4 be annexed plus a relook at PAAI. Development agreements and annexation plans would be required for all areas with agricultural activities and all areas containing greater than City of Denton City Council Minutes September 1, 2009 Page 7 100 separate tracts of land on which one or more residential dwellings were located on each tract. Council Member Watts asked if any of the three donut holes with covenants received city services. Howard Martin, Assistant City Manager, stated that one area was provided wastewater services. The Hickory Creek Mobile Home Park received both water and sewer services. Council Member Engelbrecht asked if the City would take over the streets such as in the mobile home park. Cunningham replied that if the roads were private, the City would not maintain them. However, if the city annexed the property and the roads became public, they would have to maintain them. City Manager Campbell stated that for example, if the street was currently a county road and open to the public and not a private road in the interior of the mobile home park, the City would assume maintenance once annexed. If the road was interior only to the mobile home park and no one maintained it except for the mobile home park the city would not assume maintenance. Cunningham stated that staff would relook at PAA 1 and relook at the donut holes to see if they were still rural in nature. He asked if there were any areas that the Council would not recommend looking at to be annexed. Mayor Burroughs stated that he did not have any areas not to annex other than the potential donut holes if it was demonstrated that they were still rural, family owned, or agricultural properties. He questioned if it would be beneficial to annex Area 12 and if there was any pressure for this area to become more urbanized. Cunningham stated that the area was not going to get any better looking. It would not be any less expensive than to wait any longer to annex. Mayor Burroughs felt that there needed to be a reason for the annexation and questioned what would be accomplished with an annexation. In this case was the city trying to clean up the area or to prevent something from happening. Cunningham stated that there was a major corridor running through this area which would need to be protected. Council Member Engelbrecht asked if there would be problems if one area was left out over another area. City Manager Campbell stated that Area 12 would be included in a three year plan. There was a level of development deterioration that the City would be able to prevent and development to control if it happened. It would not get any easier over the years. Mayor Burroughs questioned if property would be blocked from annexation for five years if services could not be provided within the three year time frame. City of Denton City Council Minutes September 1, 2009 Page 8 City Manager Campbell stated that if the city went through a three year annexation plan, the plan for delivery of service would be defined. He stated that staff had prepared a schedule of annexations, had information on three year plans and would come back on September 15th with a plan with notifications to begin shortly thereafter. 1. Closed Meeting: The Council convened in Closed Session at 4:45 p.m. A. Deliberations regarding Certain Public Power Utilities: Competitive Matters -Under Texas Government Code, Section 551.086; Consultation with Attorneys -Under Texas Government Code, Section 551.071. 1. Discuss and deliberate the status of pending mediation efforts regarding several public power issues involved with the Texas Municipal Power Agency litigation described below and receive a briefing from a City representative. Receive a briefing and status report from the City's attorneys regarding the litigation entitled Ex Parte Texas Municipal Power Agency, Cause No. D-1-GN-08-003426, pending in the 126th Judicial District Court in and for Travis County, Texas; as well as Ex Parte Texas Municipal Power Agency - II, Cause No.D-1-GN-08-003693, in the 261st Judicial District Court in and for Travis County, Texas; and the Texas Municipal Power Agency, Plaintiff v. City of Bryan, Texas, Defendant, Counter-Plaintiff and Third-Party Plaintiff; v. City of Denton, Texas and City of Garland, Texas, Third-Party Defendants, Cause No. 28169, now pending in the 506th Judicial District Court in and for Grimes County, Texas. Discuss and deliberate and provide the attorneys with direction. 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. B. Deliberations regarding Real Property -Under Texas Government Code Section 551.072; Consultation with Attorney -Under Texas Government Code Section 551.071. 1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the grant of property within the Denton Rail Corridor to the DART, the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9,1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DCTA. Consultation with the City's attorneys regarding legal issues associated with the granting of said property above described where a public discussion of these legal matters would clearly conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of Denton City Council Minutes September 1, 2009 Page 9 C. Consultation with Attorneys -Under Texas Government Code Section 551.071 1. Consultation with the City's Attorneys, and receipt of legal advice, regarding potential bargaining issues to be raised by management team representatives during Meet and Confer negotiations with the Denton Police Officers Association and Denton Fire Fighters Association. Public discussion would conflict with the duties of the City's attorneys to maintain confidential communications with the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 2. Discuss legal issues relating to terms of leases at Denton Municipal Airport, and including matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the chapter. 3. Receive a legal briefing from the City's attorneys and discuss legal issues regarding the request for a Specific Use Permit to allow for gas well drilling and production on property located within Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU), the approximately 3 acre site located on the west side of Bonnie Brae Street, north of Scripture Street. 4. Discuss legal issues relating to Charter amendments, propositions, and elections, including matters in which public discussion would conflict with the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. D. Deliberations regarding consultation with the City Attorney -Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding the construction of needed infrastructure in the industrially zoned area along Airport Road, west of Interstate 3 5 in support of Project Teacup. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. CONSENT AGENDA City of Denton City Council Minutes September 1, 2009 Page 10 Council Member Mulroy motioned, Council Member Heggins seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items A, J, and K. On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye" . Motion carried unanimously. Item A was considered. A. Consider approval of the Parks, Recreation and Beautification Board's recommendation to select artist Rosie Sandifer's sculptures Book a Day as the most recent public art for the City of Denton. The total cost of the two sculptures is $14,800.00 and will be paid from the 2009 Hotel/Motel Occupancy Tax (HOT) funds. The Parks, Recreation and Beautification Board recommends a proval~4-0~ The following individuals submitted Speaker Cards for Item A: Andrew Teeter,1108 Panhandle, Denton, 76201 (spoke on gas wells) Stewart Minor, 907 Avenue A, Denton, 76201 (spoke on gas wells) Charles Grant,1710 Sam Bass Blvd., Denton, 76201 (spoke on gas wells) Davlin Kerekes, 536 Alegre Vista, Denton, 76205 (spoke on gas wells) Elizabeth Clinton, 1203 Avenue A, Denton, 76201 (spoke on gas wells) Will Wooten, 980 Ranch Road, Denton, 76209 (spoke on gas wells) Council Member Mulroy motioned, Council Member Watts seconded to approve Item A. On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye" . Motion carried unanimously. B. Approved the Parks, Recreation and Beautification Board's recommendation to select one of artist Carlotta Corpron's black and white Flowing Light Images as public art for the City of Denton at a cost of $3,500.00, which will be paid from the 2009 Hotel/Motel Occupancy Tax (HOT) funds. The Parks, Recreation and Beautification Board recommended approval (4-0). C. Approved the Parks, Recreation and Beautification Board's recommendation to select artist Rob Erdle's Summer Haze watercolor painting as public art for the City of Denton. The cost of the painting is $9,500.00 and will be paid from the 2009 Hotel/Motel Occupancy Tax (HOT) funds. The Parks, Recreation and Beautification Board recommends approval (4-0). Ordinance No.2009-189 D. Consider adoption of an ordinance finding a public purpose and establishing procurement procedures for purchases by Denton Municipal Electric (DME) for electric production, transmission, distribution and station systems in accordance with Texas Local Government Code 252.002c; providing a severability clause and providing an effective date. City of Denton City Council Minutes September 1, 2009 Page 11 Ordinance No.2009-190 E. Consider adoption of an ordinance authorizing the City Manager to execute a professional services agreement (PSA) with Jacobs Engineering Group, Inc., for park design and planning services for the adult soccer area at North Lakes Park; authorizing the expenditure of funds therefor; and providing an effective date (File 4360-Professional Services Agreement for Park Design Services For Adult Soccer Area at North Lakes Park awarded to Jacobs Engineering Group, Inc., in an amount not to exceed $130,320). Ordinance No.2009-191 F. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of an Automatic Tarping Unit from Tarpomatic, Inc., which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas local government code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4361- Purchase of Automatic Tarping Unit for the City of Denton Landfill in the amount of $97,537). The Public Utilities Board recommends approval (6-0). Ordinance No.2009-192 G. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute a real estate Contract Of Sale between the City of Denton and M. Tony Wilkerson, and any other documents necessary to acquire an approximate 3.0 acre tract of land located in the Gideon Walker Survey, Abstract Number 13 3 0, Denton County Texas, and being two parcels of land conveyed to M. Tony Wilkerson, by Deed recorded under County Clerk's file number 03-87943, Real Property Records, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (6-0). (Property for buffer at landfill.) Ordinance No.2009-193 H. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager or his designee to execute an Easement Sales and Escrow Agreement between the City of Denton and the Texas Department of Aging and Disability Services acting on behalf of Denton State Supported Living Center, and the Brown Law Firm, L.L.P., and any other documents necessary to acquire an approximate 1.741 acre sanitary sewer easement tract located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 950, Denton County Texas, and being part of that certain tract of land conveyed to the State of Texas, by Deed Recorded in Volume 43 5, Page 12, of the Real Property Records, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (6-0). Ordinance No.2009-194 I. Consider adoption of an ordinance of the City of Denton, Texas, amending the form Geophysical Survey License for geophysical testing and surveying purposes within municipal streets and municipal lands, as approved by the City of Denton, Texas pursuant to Ordinance No.2009-147; and providing an effective date. Item J was considered. City of Denton City Council Minutes September 1, 2009 Page 12 J. Consider approval of a resolution authorizing the City of Denton, as trustee, to sell certain real property at 1180 Cottonwood Lane, consenting to the sale of certain real property to the highest bidder as provided by law, authorizin the Mayor of the City of Denton, Texas, to execute a deed without warranty and any other documents necessary or appropriate to convey certain real pro erty sold by the City of Denton, as trustee, pursuant to section 34.05 of the Texas Pro erty Tax Code; and providing an effective date. Mayor Burroughs left the meeting with a conflict of interest. Council Member Watts motioned, Council Member Engelbrecht seconded to appoint Council Member Mulroy as temporary chair. On roll call vote, Council Member Engelbrecht "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye".Motion carried unanimously. Council Member Watts motioned, Council Member Heggins seconded to approve Item J. On roll call vote, Council Member Engelbrecht "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye".Motion carried unanimously. Mayor Burroughs returned to the meeting. Item K was considered. Ordinance No.2009-195 K. Consider adoption of an ordinance of the City of Denton, Texas, authorizing and directing the City Manager to execute an amendment to expand the scope of activities and extend the term of a right of entry and possession, dated March 3, 2009, extended on May 5, 2009 and subse uently extended on June 23, 2009, in favor of the Denton Count Trans ortation Authority (DCTA) authorizing DCTA to enter upon and take possession of certain real property of the City of Denton for the purpose of performin activity as described in Attachment "A" hereto; and providing an effective date. Council Member Watts motioned, Council Member Heggins seconded to approve Item K with an amendment to extend the agreement through September 15, 2009. Council Member Mulroy stated that the City Attorney would develop and sign off on some deal points for the right-of way and insurance and hopefully would have in place by September 15th. Robert Donnelly, 3900 Quail Creek Road, Denton, 76208, submitted a Speaker Card in opposition to the item. On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye" . Motion carried unanimously. Ordinance No.2009-196 L. Consider adoption of an ordinance authorizing the City Manager to execute a Consent to Assignment and Assumption of Obligations between the City of Denton, Targa North Texas City of Denton City Council Minutes September 1, 2009 Page 13 LP ("Targa") and Advance Midstream, LP ("Midstream") consenting to the assignment of certain rights and obligations from Midstream to Targa related to (i) right of way license to use certain city property for placement of transmission pipelines, dated on or about August 11, 2005, from the City to Midstream; (ii) right of way license to use certain city property for placement of transmission pipelines, dated on or about July 28, 2006, from the City to Midstream; and (iii) license agreement to use certain city property for placement of transmission pipelines, dated on or about January 25, 2006, from the City to Midstream; providing for severability and an effective date. Ordinance No.2009-197 M. Consider adoption of an ordinance approving an assignment of a leasehold interest in an airport lease agreement at Denton Municipal Airport from Mary Mahon, to Harold E. and Kathy J. Culp, located at 904 Aeronca Drive, Denton, Texas, at the Denton Municipal Airport; and providing an effective date. The Airport Advisory Board recommends approval (6-0). Ordinance No.2009-198 N. Consider adoption of an ordinance of the City of Denton, Texas approving a Lease Estoppel Agreement between the City of Denton, Jet Works Air Center Management, L.LC. and Greater East Texas Certified Development Corporation; and providing an effective date. The Airport Advisory Board recommends approval (6-0). 3. PUBLIC HEARINGS A. Hold a public hearing and receive citizen input on the 2009-10 proposed budget. Bryan Langley, Director of Finance, stated that Council had held a work session this evening on the budget and would be holding another on September 15th. The proposed budget did not contain a tax increase. A public hearing was required by state law and the City Charter. The Mayor opened the public hearing. The following individuals spoke during the public hearing. Jean Greenlaw, 2600 Sheraton Road, Denton, 76209-against cuts to the library budget. John Paul Eddy, 1320 Heather Ln., Denton, 76209-against the amount of the budget with no help for the needy. Sam Scoggins, 600 Cordell, Denton, 76201 -inadequate amount of funding for youth sports events. Pat Langa, 3211 Montecito, Denton, 76205-against cut in library budget. Joyce Poole, 3021 N. Bonnie Brae, Denton, 76207-against the cuts in the library budget. Frank Mayhew, 2100 Greenway, Denton, 7627-against the cuts in the library budget. Hatice Salih, 300 Northridge, Denton, 76201-against cuts in library budget; concern about way spend money. The Mayor closed the public hearing. City of Denton City Council Minutes September 1, 2009 Page 14 There was no action to be taken on this item by Council. 4. ITEMS FOR INDIVIDUAL CONSIDERATION... A. Tabled -Consider adoption of an ordinance of the City of Denton, Texas approving an interlocal cooperation agreement and granting an easement to the DCTA on the Denton Branch Rail Trail for the purpose of building a public commuter rail line; and declaring an effective date. The Mobility Committee recommends approval (3-0). (Tabled from March 3, 2009) This item remained on the table. B. Tabled -Consider adoption of an ordinance of the City of Denton, Texas regarding a Specific Use Permit to allow forty-six (46) attached and fifty-four (54) detached single family dwelling units on property located within a Neighborhood Residential 3 (NR-3) zoning district, the approximately 30.7 acres site being located at the southwest corner of Hinkle Drive and Windsor Street; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and effective date. (509-0002) The Planning and Zoning Commission recommends denial (5-0). A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL. (Tabled from July 21, 2009) This item remained on the table. C. Tabled -Consider adoption of an ordinance of the City of Denton, Texas regarding a Specific Use Permit to allow for gas well drilling and production on property located within the Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU), the approximately 3 acre site being located on the west side of Bonnie Brae Street, north of Scripture Street; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (509-0006) The Planning and Zoning Commission recommends approval (4-0). (Tabled from July 21, 2009) This item remained on the table. Ordinance 2009-100 D. Consider an ordinance ordering an election to be held on November 3, 2009 for the purpose of submitting to the registered voters of Denton, Texas amendments to the Denton City Charter re~ardin~ terms of office and term limits, residency requirements for City Council members, the manner of filling the office of Mayor in the event of a vacanc Burin, an unexpired term of office, limitations on City Council members directing or requesting the appointment of any person to, or his or her removal from, office by any officer appointed by the City Council, and, authority to transfer unencumbered appropriation balances Burin ~ the fiscal year; prescribing the time and manner of the conduct of the election to be in accordance with an agreement with Denton County; prescribing the form of the ballot; providing for notice; providing for publication of notice of this election, providin, a severability clauses providing an open meetings clause, and providing an effective. City of Denton City Council Minutes September 1, 2009 Page 15 City Attorney Burgess stated that approval of this ordinance would order a Charter election for November 3, 2009. She reviewed the four propositions which would be included on the ballot. Council Member Heggins motioned, Council Member Mulroy seconded to adopt the ordinance. On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye" . Motion carried unanimously. Ordinance No.2009-200 E. Tabled -Consider adoption of an ordinance authorizing a contract for election services with Denton County, Texas, performed by and through its Election Administrator to conduct a November 3, 2009 election concerning amendments to the City of Denton Charter; authorizin m„ the expenditure of funds therefor; and providing an effective date. (Tabled from August 18, 2009) Council Member Mulroy motioned, Council Member Engelbrecht seconded to remove the item from the table. On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye".Motion carried unanimously. Council Member Mulroy motioned, Council Member Engelbrecht seconded to adopt the ordinance. On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye".Motion carried unanimously. Ordinance No.2009-201 F. Consider adoption of an ordinance of the City of Denton, Texas, amending the Fiscal Year 2008-09 Budget and Annual Program of Services of the City of Denton to allow for an adjustment to the Technology Services Fund of one hundred seventy five thousand dollars ($175,000) to provide for the expenditure of phone and networking equipment; declaring a municipal purpose; providin,,g a severability clause; providing for an open meetin s clause; and providing for an effective date. Kevin Gunn, Director of Technology Services, stated that shortly after arriving at the city, he performed a survey regarding the phone system and found that the city was using two different phone systems; a Cisco system and a Nortell system. The Nortell equipment software releases were not kept up to date and Nortel had filed for bankruptcy in January 2009. The company was liquidating and would not emerge with another company. This left continued support of the system in doubt. It was feared that equipment failures would result in extended outages and financial investment. It was found that 90% of the data network devices were at end-of support. The equipment was no longer manufactured and warranty replacements were on a first-come basis while inventory remained. Software updates had also ceased. Any type of equipment failure would require purchasing replacements from new produce lines and the current design did not follow best practices. Staff worked with Cicco and INX to replace the old equipment. The cost would be approximately $2.19 million to replace obsolete phone and network equipment including equipment, installation and a five year warranty. There were three items on the council's agenda for consideration -the first amended the current year budget, the City of Denton City Council Minutes September 1, 2009 Page 16 second awarded a contract to INX and the third financed the phone and networking equipment support and installation of the equipment. Council Member Mulroy asked if the warranty costs were included in the annual amount or were they above that. Gunn stated that current warranty costs were for items of equipment failures. Software updates were at no cost but those had ceased and warranty replacement would soon become hard to come by. Council Member Mulroy asked if the fixed warranty costs were for cost avoidance to pay for repairs of outdated equipment or for out years for new equipment. Gunn replied that it would be for both. It would avoid a potentially large expense for failure of equipment for which there was no warranty and provide a warranty for new replacements and keep software releases up-to-date. Council Member Heggins asked for a time frame. Gunn thought that the transition would take about 9 months from the first receipt of equipment. Council Member Watts stated that currently the City had two phone providers Cisco and Nortell and the proposal was to transition all to the Cisco system. He questioned if the proposal was to only to replace the Nortell equipment or both systems. Gunn stated that it would replace Nortell and data system equipment. Ninety percent of all of the data system would be replaced and all of the Nortell system. Council Member Watts stated that none of the current Cisco equipment would be replaced. Gunn stated that the migration to Cisco was about half completed. Some older Cisco data networking system would also be replaced. Council Member Watts stated that at the end of the five year lease, the warranty costs built into the proposal would be ongoing. Gunn stated that the warranty costs would decrease after 5 years. Mayor Burroughs asked what happened to the old equipment. Gunn stated that there might be some residual value in the equipment so it could not just be disposed of and most likely would be put in a city auction. Council Member Mulroy motioned, Council Member Engelbrecht seconded to adopt the ordinance. On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye".Motion carried unanimously. City of Denton City Council Minutes September 1, 2009 Page 17 Ordinance No.2009-202 G. Consider adoption of an ordinance awarding a contract to INX, Inc. for the purchase of Cisco phone and networkin- equipment for the City of Denton as awarded by the State of Texas General Services Commission, Department of Information Resources (DIR Contract DIR-SDD-531); providing for the expenditure of funds therefor; and providing an effective date ,File 4359-Purchase of Cisco phone and networkin~uipment from INX, Inc. in the amount of $565,810). Council Member Mulroy motioned, Council Member Watts seconded to adopt the ordinance. On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye" . Motion carried unanimously. Ordinance No.2009-203 H. Consider adoption of an ordinance authorizing the financing of phone and networking equipment, recurring maintenance support and installation services for the City of Denton through a lease purchase financing agreement; providing for the expenditure of funds therefor; and providing an effective date (File 4391-Third Party Lease Purchase of phone and networking equipment throu,-h Key Government Finance in the amount of $1,632,392.40 with five annual payments of $326,478.48 each.) Council Member Mulroy motioned, Council Member Heggins seconded to adopt the ordinance. On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye" . Motion carried unanimously. I. Consider appointments to the following Boards and Commissions: 1. Historic Landmark Commission 2. Zoning Board of Adjustment Mayor Burroughs nominated Lynn Holt as an alternate member to the Zoning Board of Adjustment. On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye".Motion carried unanimously. J. 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 acce t a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information re~ardin~ holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the ~overnin~ body; information re~ardin~ a social, ceremonial, or community event organized or sponsored by an entity other than the City of Denton City Council Minutes September 1, 2009 Page 18 ~overnin~ body that was attended or is scheduled to be attended by a member of the ~overnin~ body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of eople in the municipality that has arisen after the posting of the agenda. Council Member Mulroy asked for an update on the drainage issue raised by Ms. Salih and on other neighborhood drainage projects. K. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetin- s Act. There was no continuation of the Closed Session. L. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetin- s Act. There was no official action taken on Closed Session items. With no further business, the meeting was adjourned. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES September 2, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Wednesday, September 2, 2009 at 3:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Heggins, Council Member Mulroy, and Council Member Watts. ABSENT: Council Member Gregory. 1. Receive a report, hold a discussion, and dive staff direction on the 2009-10 City Manager's Proposed Budget, Capital Improvement Program, and Five-year Financial Forecast. Bryan Langley, Director of Finance, stated that there were a number of questions following the August 18th budget presentation. This meeting would provide more detailed information regarding some of the issues presented and would provide a time for discussion following those presentations. Chuck Russell, Planning Supervisor, presented information on the Planning Department Imaging Project. He stated that Laserfiche was a separate component from Proj ectdox. It was a critical piece of software for the department. He estimated that there were 400,000 pieces of paper stored at City Hall West regarding planning documents. He had performed a cost analysis for maintaining forty file cabinets of documents. Not including facility costs, the bottom line was $572,000 in savings with Laserfiche. The process for Laserfiche involved planning, scanning, integrating, and interfacing. Benefits of using Laserfiche included citizen service, sustainability, time savings, improved processes, preservation, storage needs and was parcel based. He stated that there had been a question about the consultant on the project. BP Imaging developed the statement of work and was the original implementation partner for Laserfiche. It was an acceptable city practice to consult with representatives of an industry for the development of specifications, as well as to acquire budget estimates. A competitive bid process would be performed when the project was ready to be purchased. Mayor Burroughs stated that a lot of the projected savings had to do with the wastes in time to find documents. He felt that the savings from manpower would only be tangible if FTEs could be cut at some point or FTEs would not have to be hired at some point due to efficiencies. He questioned at what point this would translate to actual savings as opposed to paper savings. Russell stated that looking for documents was above and beyond the normal work done by the employees. Mayor Burroughs stated that currently things might get delayed or did not get the time and attention they deserved because of having to locate documents. Russell replied correct. City Manager Campbell stated that staff had increased a time commitment to the development community and it was difficult to do that if time was not freed up for employees. City of Denton City Council Minutes September 2, 2009 Page 2 Council Member Heggins asked about the difference between paper and Laserfiche savings. Russell stated that the difference was the cost of currently doing business versus the cost of using Laserfiche and the efficiency with Laserfiche. Mark Cunningham, Director of Planning and Development, stated that if there were a fire at City Hall West, all historical data would be lost as there was no backup for that data. Council Member Mulroy stated that staff was re-examining where they were and where they hadn't been. He recalled that one of Council's highest priorities for the City Manager when he was hired was to get the development and planning process up-to-date, back on track and running smooth. He felt the City was about 5 years behind in automation. Some parts of the City already had Laserfiche. He felt there was no better time to implement the changes as the City was not overly taxed with new projects. He was in favor of moving forward with the funding. He might have a question on how to fund the project but move ahead with the project. Council Member Watts felt that this problem had been around for a while but questioned the expense in a challenged budget year. He understood that the funds for the project would be taken from gas well money. City Manager Campbell stated yes because of the extended life of the project and the fact that it was achy-wide project. Council Member Watts stated that he was comfortable with that. Council needed to think about how to use the gas well money and how to subsidize the Airport with gas well money. There was a window of opportunity based on federal rules and was for projects such as this. This might be a onetime big hit but it was related to economic development in the entire community which would increase the overall image of the department. He felt he could be on board if staff could find creative ways to finance the project. He felt it was a good tool to position Denton in the future . Council Member Engelbrecht felt that it would improve the productivity of the department and move to professional productivity as opposed to administrative productivity. Mayor Pro Tem Kamp felt it was appropriate use of gas well money. It was a onetime expense and agreed that Council needed to look at other issues with the gas well money as well. Ross Chadwick, Fire Chief, stated that his previously submitted budget was intended to include $150,000 savings in Fire Department overtime achieved primarily through modifications to staffing of two engine companies and assignment of Battalion Chiefs. The intention was to offset the expected gap (overspending) between budgeted overtime and actual overtime expended each year rather than reduce the budgeted amount from the previous years. Actually reducing the previously budgeted amount would only increase the overtime funding shortfall. Therefor, the $150,000 should not be removed from the budget as originally recommended to Council. In order to reduce the gap between the annual budgeted and actual spending on overtime, more effective management of overtime as well as adjusting normal daily staffing was being proposed. City of Denton City Council Minutes September 2, 2009 Page 3 City Manager Campbell stated that the intent was not to reduce the line item for overtime in last year's budget by the $150,000. The overtime savings will be recognized but what had happened in the past was that overtime exceeded the budget and staff was trying to close that gap. It was a reduction in what was expected to be spent but not a reduction in the line item. Chadwick presented figures concerning the past 5 years of overtime. The proposal was to modify staffing. Currently staffing was kept at 37 and if that number went below 37 due to sick time or situations of personnel being gone, overtime was paid. The proposal was to reduce staffing at Station 7 from four to three and then Station 6 from four to three to make up the gap when employees were gone. He felt this was safe for the City and not result in a drop in service level. Council Member Mulroy asked if the overtime figure was a gross amount of minimum staffing and if it included payments from other agencies for deployments. Chadwick replied that it did not include deployment for other reasons. That was a separate account. Council Member Mulroy asked how often the staffing would be reduced in Stations 6 and 7. Chadwick replied that they usually average two people off a day per shift for overtime. That did not happen every day, some days four people might be off and another day no people off. Council Member Mulroy stated that if this was not a safety issue, why did the City have four person engines to begin with. It had been a commitment of Council on an informal basis to ramp up over time to four man engines. There had been some progress made in that direction and he and did not want out of convenience to go back on the process. If the policy was to maintain a 4 man engine then Council should not go back on that policy. Chadwick stated that a three man engine would not affect service. He felt it was a safe viable method for fighting fires. City Manager Campbell felt that if the four man engine was not for safety reasons in the community, then there was a need to look and see if that was a realistic benchmark to achieve. Clearly there were examples where the engines operated safely with a three man team. Council Member Mulroy stated that if the Council commitment was to ramp up to four man engines, following this suggestion would be the undoing of a long term policy. He felt they were taking a step backwards with this proposal. Council Member Engelbrecht felt that there was a disconnect between what the City wanted and what was budgeted. Staffing was done one way and budgeting was done another. City Council Member Campbell stated that it appeared that a budget was adopted and then staff had a wish and hope that overtime needs did not exceed the budgeted amount. History showed that overtime was exceeded by $200,000 a year. To be realistic, the $150,000 should be added back into the budget plus an additional $200,000 because staff knew it would be spent. They were trying to manage the overtime budget and close the gap which they knew would occur. City of Denton City Council Minutes September 2, 2009 Page 4 Council Member Watts stated that the policy seemed to be to a four man crew but the money had to be put where the policy was. The situation was to either have a temporary setback in a four man crew or prioritize that a four man crew was worth it and look at other areas to cut or other revenue to come up with. He did not want the budget cycle to be the determinate for the policy. He did not want a vote on the budget to be implied to be a vote on that subject. City Manager Campbell felt that this was a policy issue worth a separate discussion in the future. Eva Poole, Director of Libraries, presented information concerning afollow-up question from Council Member Mulroy regarding the impact of the budget reduction for the purchase of library books on the books per capita ratio. In fiscal year 2007 when Council provided for additional funding for library materials, the city was below the basic standard of 1.5 items per capita. With the upsurge in funding that had been raised to 2.3 items per capita which were relevant, up-to- date, and in high demand. The $150,000 reduction would not negatively affect the 2.3 items per capita. She understood that there was available bond money and the library would be able to use that money to maintain that per capita figure. Mayor Pro Tem Kamp asked for an explanation of the bond money. Langley stated that bonds had been sold in the past for library improvements which earned interest. At this time there was $200,000 which could be used for library materials related to the expansion of the new facility. This would be one-time money and not an ongoing funding source. Mayor Pro Tem Kamp stated that it could be used in the next fiscal year. Langley replied correct. Council Member Mulroy stated that there was a target number adopted several years ago to get over the threshold. The city was at 2.03 which was the basic standard with an enhanced standard of 3 items per capita. He felt it was necessary to separate the budget process from policy. After completion of the budget process, he would like to have a work session to discuss the policy of what the official per capita should be and then work on future budgets to get to that policy. Council Member Heggins suggested that this kind of information needed to be filtered to the community so they understood what was happening. Ms. Poole stated that the Library Board was concerned that even with the bond money; the funding would be cut next year. The Board was aware of the potential bond money for funding. Langley stated that some of the outstanding issues that still needed to be resolved included Jazz Fest permit fees, library materials, overtime, Kiwanis Fireworks, the Airport entrance project, fee increases, other miscellaneous reductions and the fire-year forecast impact. Mayor Pro Tem Kamp stated that she had worked with many of the vendors and the cost of the $25/day fee might not seem large but for some of the vendors, it was. She questioned if there was a way to gradually increase the fee starting on a smaller basis such as $25 this year, $50 the next year and so on. She stated that there was also a question of when sponsors were given a free City of Denton City Council Minutes September 2, 2009 Page 5 space but they were not selling anything. If a vendor was selling a product, charge the fee but if a vendor was strictly giving out information about an organization, what would be the fee. Emerson Vorel, Director of Parks and Recreation, stated that this year there was a booth giving away a motorcycle and all an individual had to do was register for it. That vendor was not charged a fee as he was not selling anything. Several Parks staff members had registered for the motorcycle and then afterwards had received a sales call. They found that the sales caller had purchased the registration information from the booth vendor. He felt that if the City were a true sponsor of an event and a vendor was only performing a service and not selling anything, he would be in favor of not paying a booth fee. If a vendor was collecting information and selling that information for profit or collecting names as potential customers, he should pay the vendor fee. Mayor Pro Tem Kamp felt that more information was needed on the definition of a vendor. However, a vendor just giving out information on an organization and not selling anything should not be charged the fee. She asked about the gradual increase in the fee charge rather than the full fee this next year. City Manager Campbell stated that if the Council was in favor of the gradual increase, staff would calculate the revenue and adjust by a third of what was projected and increase the fees over the next three years. Council Member Mulroy stated that the answer to Question 7 dealing with total cost of providing city services to the Arts and Jazz Festival provided various city services and associated costs. He was surprised that no economic impact on Denton through the Hotel Occupancy Tax funds was prove e . Mayor Pro Tem Kamp stated that the HOT Committee was provided those figures every year from the Convention and Visitors Bureau. Langley stated that staff could provide that information to Council. Council Member Engelbrecht stated that he would like a work session on the entire process of HOT funds and develop some sort of system on the economic impact on events in the City. He felt there was no current method to address this issue. Langley stated that the resolution of the issue of funding for library materials would leave the reduction as proposed and use the CIP interest income for materials. Langley stated that the next outstanding issue was the funding the Kiwanis fireworks. Council Member Watts felt that the funding should not be cut at all given the amount and impact the event had on the community plus the social services the organization provided. If the funding were to be cut, it should not be done all at once but rather a gradual reduction to provide lead time for the Kiwanis to make up the difference. Mayor Pro Tem Kamp agreed that the funding needed to stay in the budget. This was a community event and was a great benefit for the entire community. City of Denton City Council Minutes September 2, 2009 Page 6 Council Member Engelbrecht felt it was not appropriate to do this year but might be an issue to look at in the future. Council Member Heggins agreed as the Kiwanis was very beneficial to the community. Langley stated that the next issue was the Fire Department overtime. Council Member Mulroy asked for a clarification of the $150,000 reduction. That amount was not just from a reduction in manpower of the engine companies, it also included battalion chief funding. He asked how much was the battalion chief funding. Chadwick stated that it was approximately $32,000-$35,000. Council Member Mulroy stated that the reduction to the engine company was about $115,000. He felt that there was work to do on this policy issue but that the existing policy was to move towards four man engines. The differential was $115,000 and he hoped that management could revise the budget plan and cover at least half of it and lower the occurrence of reducing the four man engine by half. Langley stated that the original cut was $150,000. The Fire Chief was proposing an additional reduction in lieu of that because it was not a cut to the budget which was really $100,000 net to be added back if the reduction was not done. He questioned if Council Member Mulroy was now asking to reduce that amount by $50,000. Council Member Mulroy stated that the figure presented was $150,000 minus the battalion chiefs for $115,000. For this year cover half of it instead of the whole amount and pay for the other half with overtime. City Manager Campbell stated that what was actually recommended was a policy change that the Chief could make during any shift. That would involve taking a person off Engine 7 and Engine 6 in order to avoid having someone come in on overtime. The estimate on savings was $115,000 and whether that really would occur would depend on how many absences there would be. Driving the policy from the standpoint of the number of dollar to work with would be difficult to define on whether to use for one engine or both. Council discussed the timing of a policy discussion of a three or four man engine and how to fund the overtime question. City Manager Campbell stated that the recommendation today was to put the $150,000 back in the budget and implement the staffing changes to try and reduce the overtime. The $150,000 would be put back in the budget but recognize that there was still a whole gap to cover and a way to cover part of that would be staffing changes. If no staffing changes were done there would be a dramatic impact on the five year forecast. Consensus of the Council was to put $150,000 back in the budget and proceed as done in past years without adding additional funds to cover the overtime. There would not be any change in the policy but go to reduced staffing at this time. City of Denton City Council Minutes September 2, 2009 Page 7 Langley stated that there was also some other reductions offered by Chief Chadwick and those would also be included. He asked about the Laserfiche and Projectdox programs. Consensus of the Council was to proceed with placing those items in the budget with a look at getting some of the funds back with alternative funding. Langley stated that the next issue was the Airport Entrance project. Council Member Mulroy asked for a further explanation of the scope of work. The original project was to resurface the roadway. He requested a fuller explanation of the components and the cost of each component. Quentin Hix, Airport Manager, stated that the project had been discussed with the Airport Board before he took his current position. When he discussed with the Board various projects that were underway, this project was identified as one of interest but there was no money indentified in the operating budget or gas well funding for it. The cost estimate of the project was for repaving the entrance from Highway 1515 to the west entrance. The line item estimate of the cost included paving, drainage and some landscaping. The actual scope of the project had not yet been identified. There would be funds needed for engineering services to develop a scope of the project. Council Member Mulroy suggested reducing the amount in the budget to the preliminary engineering study that could be presented to Council during the next fiscal year and not include the project in the budget. Mayor Burroughs stated that if the funding was proposed to come out of the airport gas well funds, it could be done at any time and did not have to be included in the proposed budget. Langley stated that the funding for the project would come from Airport gas well funds and Council would have to approve the funding for the scope of the project. Mayor Pro Tem Kamp stated that although the overall proj ect had been discussed for a while, the scope of work was not fully decided at this time. Council Member Watts asked if the City was trying to receive grant help from TxDOT. Hix stated that there was no grant application at this time. City Manager Campbell stated that if the project were funded with Airport gas well funds, it could be approved at any time during the fiscal year. Langley stated that $50,000 for an initial study would be placed in the proposed budget with the rest of the proj ect looked at in the future. Langley continued with the proposed fee increases. Mayor Burroughs questioned the proposed parks fees in particular the youth sports impact fee and selected youth sports. There was no projected revenue net noted in the charge and he asked City of Denton City Council Minutes September 2, 2009 Page 8 about the effect on the entirety of the budget for any particular element. It was a 50% increase for those two items which appeared to be a small amount but added up per item. He asked for a figure on the impact of the increase for both programs. Langley replied $13,000. Vorel stated that the figure might be $13,000 but because of the timing of the fiscal year and the sports year it was only half of what would be impacted. The leagues had already started and the increase in fee would not be in effect until next season. He stated that last evening there were some questions about the impact fees and whether they were $5 increasing to $10 or $10 increasing to $15. Staff did research today to sort out what had happened and determined that early in the budget process there was a mistake in the document which they thought they had corrected but apparently was not done in all the documents. The current impact fee was $10 per player per season and the suggestion was to change it to $15. Mayor Burroughs questioned that the general fund expense for use of the fields for softball, soccer, football and baseball teams added up to $1.2 million. Vorel replied correct that was the amount it cost to maintain those fields. Mayor Burroughs stated that it was an enormous amount to maintain those fields. Vorel stated that it represented 95% of the athletics budget and 45% of the trades budget which included park maintenance, lights, irrigation, fences, scoreboards, restrooms and concession stands. Council Member Engelbrecht asked if staff had data for fees in other cities. Vorel stated that the information was not included in the Council packet but that range of fees was from $3 per player a season to $15 per player per season. However, some of the activities might be different as to what was included in the fees so there was some caution in comparing those figures among cities. Council Member Watts asked for the net between what was received and what was spent on the athletic fields. Vorel stated that when an association paid the impact fee, the association ran that league, and the impact fee went into the general fund. With other programs, staff ran the program with no association involved. In those cases the funds were collected for the recreation fund and those dollars were used to operate those programs. Langley asked if the Council direction was to move forward with the fee changes. The consensus of the Council was to proceed with the fee changes. Langley stated that the next item was other miscellaneous reductions and asked if Council had any questions/issues to discuss. Mayor Pro Tem Kamp asked about council contingency funds. City of Denton City Council Minutes September 2, 2009 Page 9 Mayor Burroughs indicated that the funding would not be reduced. Consensus of the Council was to maintain that funding in the budget. Langley stated that on September 15th he would bring back a summary of the changes to the proposed budget and an updated five year forecast for the General Fund. Council Member Mulroy stated that in the five year forecast, the 12-15% bracketed reserve fund balance was a target which was meant to be flexible as a shock absorber for unexpected items and avoid drastic cuts in personnel, layoff, etc. The five year plan as stated indicated a gradual reduction in the reserve fund and in the sixth year out, the amount was below the bracket. It would be helpful after the completion of this budget to see how the trend was going to be reversed so as to match revenue to expenditure and visa versa. Jon Fortune, Assistant City Manager, stated that the proposed budget would also include any financial impact as a result of Meet and Confer. 1. Closed Meeting: A. Deliberations Regarding Certain Public Power Utilities: Competitive Matters -Under Texas Government Code Section 551.086. 1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric ("DME") for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters. The Council did not meet in Closed Session. With no further business, the meeting was adjourned at 5:15 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES September 15, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, September 15, 2009 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member Heggins, Council Member Mulroy, and Council Member Watts. ABSENT: None. 1. Requests for clarification of agenda items listed on the agenda for September 15, 2009. Mayor Burroughs questioned the interlocal agreement with the City of Euless. He noted that Euless offered a 5% discount for local vendors and questioned if a 5% discount was given for Denton vendors. Karen Smith, Senior Buyer, stated that this situation had not come up before. The vendor was not located in Euless so there would not be an issue with a local vendor preference. She stated that staff would research the issue for future situations. Council Member Gregory asked about the funding for Consent Agenda Item A and whether it was from the 2009-10 budget money. Brian Lockley, Development Committee Review Administrator, that that the funds were not from the 2009-10 budget. It was part of bond fund money previously approved by the voters. Council Member Mulroy asked about the contract amendment to add a bike lane from UNT to the downtown train station. He questioned if that was a staff initiative or how it evolved and was it designed to take it from the Traffic Safety Commission and the Planning and Zoning Commission for public hearings. Lockley stated that the bike lane portion of the contract was brought forward to Council at a prior work session. Staff was still negotiating with Jacobs for the scope of the project and in order to not have any more delays, the project would be incorporated in the contract with Jacobs and taken from the Traffic Safety Commission. Council Member Gregory asked if the additional money for the change order for Consent Agenda Item E was also from bond money. Emerson Vorel, Director of Parks and Recreation, stated that funding for the change order was CIP money. 2. Receive a report, hold a discussion, and dive staff direction concerning proposed amendments to Subchapter 13 of the Denton Development Code re ardin tree preservation and mitigation. The discussion will include proposed tree fund expenditures for eCo~nition and CITYgreen software as well as the possible formation of a Tree Committee including the duties and responsibilities of the committee. (DCA08-0006, Tree Code Amendments City of Denton City Council Minutes September 15, 2009 Page 2 Chuck Russell, Planning Manager, presented the information on the tree code amendments. His presentation consisted of background information, the tree canopy survey, tree fund and tree committee. Staff was asking for the expenditure of tree fund money to move forward to purchase software called CITYgreen and eCognition that would result in reports, hard copy printouts, and a GIS layer product that would show the complete overall tree canopy assessment. Part of the assessment would involve a project with UNT to collect satellite imagery on tree stands. Staff was also asking guidance for the establishment of a tree committee and a specific charge for that committee. The current tree ordinance was adopted in 2004. At that time, a committee was established to see how the ordinance was operating with afollow-up on how it was being implemented and its effects. A consultant was hired to provide recommendations and town hall meetings were held. Staff was working with the Planning and Zoning Commission on the issues with specific staff objectives. Survey benefits would determine the true value of trees, provide an accurate geographic location of trees, provide appropriate DDC percentages, and assist with modeling/accountability. Staff was recommending use tree fund money for the purchase of this software. The tree fund had specific criteria for the use of the funds. The criteria included purchase, plant and maintain trees on public property; preserve wooded land in a naturalistic state in perpetuity; perform and maintain achy-wide tree inventory; and educate citizens and developers on tree benefits and value. The current balance of the fund was $633,000. Payment into the tree fund was not penalty money. It was money that under the current code a developer could pay into for tree mitigation. Up to $100,000 of that money could be used in the next budget year. The citizen's tree committee had met several times to determine how well the ordinance was working. Three recommendations from the committee were to hire an urban forester, enforce the tree code and establish a committee to oversee tree fund purchases. Staff was recommending that a clear mission and set of objectives be developed for the committee, that the committee be limited to 7 members appointed by Council, the meeting frequency would be once a month, criteria for treed land purchases be developed and parcels of land be ranked by the committee. Staff would bring recommendations to the committee and the committee would rank the areas to consider in terms of using the tree fund money. Council Member Mulroy asked if the committee could suggest other parcels for consideration. Russell stated that they would not have to wait for eCognition and CITYgreen to begin. They could start now to formulate recommendations. Council Member Mulroy stated that another source of funding for the purchase of tree land was through CIP funds. He questioned that amount and when it would be in the queue. Mayor Burroughs stated that the amount was $250,000. City of Denton City Council Minutes September 15, 2009 Page 3 Council Member Mulroy suggested putting that money under the umbrella for the proposal of the tree committee to take care of those funds. Mayor Burroughs stated that the CIP Committee felt that the bonds should not be sold before there was a functioning tree committee that was ready to use the funds. Mayor Pro Tem Kamp asked if this would be a permanent committee like the City's other boards and commissions. Mayor Burroughs felt that it would not be a standing committee at this point in time but could be established as one as time went on. Russell stated that the objective was that the tree fund would go away with enough incentives for developers to do tree preservation and tree planting. Mayor Burroughs asked if the survey would help with enforcement from developers cutting down trees. Russell replied yes but to be cautious as this would be a snap shot, aone-time look at the property. The level of detail from the software programs would help with the identifying of the tree stands. Mayor Burroughs felt that this would be a good time for the committee to identify potential conservation easements. It was very beneficial that the program could tell between natural tree stands versus manicured lawns with planted trees. The committee could make recommendations between expenditures with natural stands and places where there might be a need to plant trees where they didn't exist. He felt that one of the first things the committee could do was an outreach program to existing neighborhood organizations as they would know what tree stands were in local areas that might be at risk. Council Member Watts expressed concerns with the survey, specifically the cost and the amount of money that was spent on the Burditt study which went nowhere. He also felt that they might be moving ahead too fast as there was no committee in place and the fact that enforcement was the biggest problem at this time. He questioned if the current ordinance was being enforced and if tree stands were purchased, would the purchases be subject to eminent domain. He would be hesitant to use that process for the purchase of a tree stand. City Attorney Burgess stated that it was her understanding that the process would be voluntary and not subj ect to eminent domain. Council Member Watts felt that the committee was a great start and the survey might be beneficial in the future. He thought it would be best to not just start spending the tree fund money but start at a grass roots level and get policies and procedures in place first. Russell stated that the Burditt contract was $30,000 with $15,000 reimbursed through a grant. There was quite a bit of Burditt information collected that was still incorporated and being used for the recommendation for the tree survey. He felt the value of the information was worth the expense. In terms of the existing GIS versus this proposal, the level of detail with the satellite City of Denton City Council Minutes September 15, 2009 Page 4 imagery was much greater than the existing GIS. The details would come with the CITYgreen components. Staff would like to start in December/January using an existing contract with UNT. The tree survey had been an original recommendation from the original tree committee in 2005. Council Member Watts asked if this would have to be done on a regular basis to keep the information current. Russell stated that in terms of canopy coverage, it would be hard to enforce an ordinance without a knowledge of the tree canopy. The survey might have to be done once every five years. Council Member Gregory stated that as a policy maker, if the canopy goal was 30%, it would be nice to know how close the City was to that figure. He found it easier to make decisions with data and a lot of discussion about trees was emotional. This proposal would provide non- emotional data and quantify the value of green infrastructure in savings to the City. Council Member Mulroy stated that the two numbers Council was looking was the tree fund mitigation money and the price to pay for the software plus future CIP money. He asked what happened to the penalty fine money for violations of the tree ordinance. Russell indicated that there was a separate fund for the Rayzor Ranch money in the amount of $150,000. Council Member Engelbrecht stated that parts of the City didn't need a 30% tree canopy because they were part of the plains area without natural tree stands. Council Member Mulroy felt it would be better to get a data base established sooner than later. He asked if the Council was in agreement on the direction of the committee to have seven members. Consensus of the Council was to establish the committee with seven members. Russell asked if the tree committee would report directly to the Committee on the Environment. Consensus of the Council was that the tree committee would report directly to the Committee on the Environment. Council Member Watts stated that Rayzor Ranch was assessed the penalty because they took out trees without a permit. He questioned if the City could draw down on that amount to plant trees. Russell replied correct that it was different from the other tree fund. The Rayzor Ranch fund was a guarantee that if they didn't plant the trees, the City could use that money to plant them. The mitigation trees would be in addition to the regular tree plantings. Russell confirmed that Council was in favor of moving forward with the expenditure of tree fund money for the software. Consensus of the Council was to proceed as proposed. City of Denton City Council Minutes September 15, 2009 Page 5 3. Receive a report, hold a discussion and dive staff direction on the City of Denton's property tax exemption for designated historic sites. Bryan Langley, Director of Finance, stated that at the September 1st council meeting, staff was directed to prepare various options for council consideration on the property tax exemption for designated historic sites. The four options prepared by staff included: Option 1 -allow the current ordinance to expire. No new properties would be eligible for new exemptions and current exemptions would expire after the initial 15 year period. Option 2 - approve a 15 year 50% exemption for newly designated properties, a 25% exemption for previously designated properties with no expiration date, and establish an open designation perlo . Option 3 -approve the recommendations from the Historic Landmark Commission which was to extend the designation and exemption period for 15 years. Option 4 -approve another exemption based on methods used by other cities. Council Member Mulroy stated that the current ordinance did not require any expenditures to receive the exemption. He suggested the Council might want to consider a minimum baseline expenditure what would apply to new exemptions. When a property owner applied for the exemption, he would have to show what expenditures had been done to the house. Council Member Watts questioned if Council Member Mulroy was indicating that for the 50% exemption, the property would have to show related expenditures but when it rolled off the 15 years and went into the 25%, there would be no further indication of expenditures. Council Member Mulroy replied that he was talking about the initial application. Council Member Watts stated that the exemption went with the property and not with the owner. If the property was sold, no other application was needed for the exemption. Council Member Engelbrecht expressed a concern with no expiration for the second exemption. He felt there should be an expiration date to review the property as it might have started to deteriorate. Council Member Mulroy felt the exemption was justified but would like to see the monies being spent to maintain the property. Langley stated that the exemption could be for 15 years for 50% and tied to some type of initial investment. Council Member Gregory questioned if more time might be needed before consideration of the item in order to do more research. City of Denton City Council Minutes September 15, 2009 Page 6 Council Member Mulroy suggested having the Historic Landmark Commission look at the initial investment. Langley stated that on the maintenance exemption, Council was proposing to put a limit on the exemption. He questioned if it would be for an additional 10 or 15 years as long the property was maintained. Mayor Burroughs stated that the Commission had recommended an additional 15 years. Consensus of the Council was an additional 15 years. Langley stated that the exemption then could be as long as 30 years. Mayor Burroughs stated the extension would be renewable and could go on indefinitely as long as the property was maintained. Council Member Watts felt that when the property was up for a renewal of the extension, the Historic Landmark Commission should look to see if there was a value for the maintenance portion. Mayor Burroughs felt that in the qualification process to receive the renewal exemption, the property owner would have to demonstrate reasonable maintenance in the historic designation. 4. Receive a report, hold a discussion, and ,,,give staff direction on the 2009-10 City Mana,a,,,, er's Proposed Budget, Capital Improvement Program, and Five-year Financial Forecast. Bryan Langley, Director of Finance, reviewed the process that they had been following regarding the budget procedures. The budget was scheduled to be adopted September 22, 2009. The following adjustments had been made to the proposed budget: (1) phase in the Jazz Fest permit fees over the next three fiscal years; (2) restore the funding for the Kiwanis fireworks show, (3) restore the funding for the overtime reduction in the Fire Department, (4) restore the funding related to City Council contingencies, and (5) in the Airport Gas Well Fund, reduce the funding for the Airport Entrance Project from the proposed $455,000 to $50,000. The total budget for 2009-10 would be $91 million which was increase of about $300,000 from the original proposed budget. Council Member Mulroy stated that in regards to the Jazz Fest, staff had provided information per council request on the economic impact. He would like staff bring back additional information because the information provided showed that 200,000 people attended the Jazz Fest with 100,000 people from out of town and 50% of those people spent the night in Denton. That might mean that 33,000 hotel rooms were occupied. He would like to see some information on how many hotel rooms were really rented on the Arts and Jazz weekend as well as some of the city's other festivals. He did not feel that 33,000 hotel rooms were rented on Arts and Jazz weekend. Another figure indicated that in 2009 there were 200,000 visitors at Arts and Jazz; 100,000 were from out of town and 100,000 local residents. While the event was crowded, he was not sure everyone who lived in Denton attended the festival. He suggested staff bring back an accounting total of all the dollars spent and the manner in which Council could City of Denton City Council Minutes September 15, 2009 Page 7 have better empirical data on crowd count and hotel rooms. He felt the numbers didn't make sense for the Denton population and hotel rentals. He also stated that with these types of festivals, each department was providing a service and absorbing that service in their budget and Council did not see that unless specifically asked for. He would like to have a work session on developing a fund for those festivals so departments would not have to use their own funds. In terms of the Fire Department overtime and the $184,000 number, he thought the $118,000 had to do with sustaining the 4 man engine. The $184,000 was the total dollars including the funding for the battalion chiefs. Langley stated that the total figure was $184,000 which represented all the money being restored plus the fringe benefits associated with it. Council Member Mulroy felt that the Council's point of focus was the manning of the engines and that component was $118,000. Council really did not discuss the battalion chief rearrangement. Langley asked if the consensus of the Council was to use the lower figure. Council agreed to use the lower figure. Council Member Engelbrecht supported the idea of determining what the city was gaining for various festivals and to determine the dollar value of them. Council Member Watts agreed that Council needed to know what was being spent on these community activities and to have a better division of dollars. Mayor Burroughs noted that the proposed budget held the line on property taxes and utilities. However, the next year was proj ecting a 2.5 cent tax increase in order to keep on the projected ine or reserves. Council Member Mulroy noted that an additional charge was to present different ways to change the trend line in the out years of the five year forecast in order to correct the imbalance. Council Member Watts stated that the goal was to close the gap without having to use the reserve fund except for extraordinary circumstances. Council went into Closed Session at 5:40 p.m. 1. Closed Meeting: A. Deliberations regarding Certain Public Power Utilities: Competitive Matters -Under Texas Government Code, Section 551.086. 1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric ("DME") for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other City of Denton City Council Minutes September 15, 2009 Page 8 matters, and provide staff with direction regarding such matters. B. Deliberations regarding Certain Public Power Utilities: Competitive Matters -Under Texas Government Code, Section 551.086; Consultation with Attorneys -Under Texas Government Code, Section 551.071. 1. Discuss and deliberate the status of pending mediation efforts regarding several public power issues involved with the Texas Municipal Power Agency litigation described below and receive a briefing from a City representative. Receive a briefing and status report from the City's attorneys regarding the litigation entitled Ex Parte Texas Municipal Power Agency, Cause No. D-1-GN-08-003426, pending in the 126th Judicial District Court in and for Travis County, Texas; as well as Ex Parte Texas Municipal Power Agency - II, Cause No.D-1-GN-08-003693, in the 261st Judicial District Court in and for Travis County, Texas; and the Texas Municipal Power Agency, Plaintiff v. City of Bryan, Texas, Defendant, Counter-Plaintiff and Third-Party Plaintiff; v. City of Denton, Texas and City of Garland, Texas, Third-Party Defendants, Cause No. 28169, now pending in the 506th Judicial District Court in and for Grimes County, Texas. Discuss and deliberate and provide the attorneys with direction. 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. C. Deliberations regarding Real Property -Under Texas Government Code Section 551.072; Consultation with Attorney -Under Texas Government Code Section 551.071. 1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the grant of property within the Denton Rail Corridor to the DART, the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9,1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DCTA. Consultation with the City's attorneys regarding legal issues associated with the granting of said property above described where a public discussion of these legal matters would clearly conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. D. Consultation with Attorneys -Under Texas Government Code Section 551.071. 1. Receive a legal briefing from the City's attorneys and discuss legal issues regarding the request for a Specific Use Permit to allow for gas well drilling and production on property located within Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU), the approximately 3 acre site located on the west side of Bonnie Brae Street, north of Scripture Street. City of Denton City Council Minutes September 15, 2009 Page 9 2. Discuss and consider strategy, status, and possible approval of a change in the tariffs of CoServ Gas Ltd. A public discussion of these legal matters would conflict with the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. E. Deliberations regarding consultation with the City Attorney -Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding the construction of needed infrastructure in the industrially zoned area along Airport Road, west of Interstate 3 5 in support of Project Teacup. Council Member Mulroy motioned, Council Member Heggins seconded that it was proper for Council to go into Closed Session on the Denton Municipal Electric item in terms of the Public Power Utilities Exception. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye" . Motion carried unanimously. Regular meeting of the City of Denton City Council on Tuesday, September 14, 2009 at 6:30 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member Heggins, Council Member Mulroy, and Council Member Watts. ABSENT: None. 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." The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards There were no proclamations/presentations for this meeting. City of Denton City Council Minutes September 15, 2009 Page 10 3. CONSENT AGENDA Mayor Burroughs indicated that Item F was pulled from consideration. Council Member Mulroy motioned, Council Member Heggins seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item F. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye" .Motion carried unanimously. Mayor Burroughs indicated that the following Speaker Cards had been submitted for items on the Consent Agenda: Item 3A-Andrew Teeter, 1108 Panhandle, Denton, 76201-spoke on gas wells-Mayor Burroughs asked him to keep his comments relative to Item 3A and not the gas wells. Stewart Minor, 907 Avenue A, Denton, 76201-spoke on gas wells. Mayor Burroughs asked him to keep his comments relative to Item 3A and not the gas wells. Jason Netek, 1203 Avenue A, Denton, 76201-spoke on gas wells. Mayor Burroughs asked him to keep his comments relative to Item 3A and not the gas wells. Elizabeth Clinton, 1203 Avenue A, Denton, 76201-spoke on the gas wells. Mayor Burroughs asked her to keep her comments relative to Item 3A and not the gas wells. Ordinance No.2009-204 A. Consider adoption of an ordinance authorizing the City Manager to execute a professional services agreement (PSA) with Jacobs Engineering Group, Inc. to provide planning, architectural design, and engineering services in association with the development of the Downtown Implementation Plan for the City of Denton; authorizing the expenditure of funds therefor; and providing an effective date (RFP 4237 in an amount not to exceed $224,995). Ordinance No.2009-205 B. Consider adoption of an ordinance of the City of Denton, Texas, finding that the current rates of CoServ Gas Ltd are unreasonable; approving CoServ Gas Ltd.'s revised and uncontested tariffs; setting the effective date of new tariffs as October 1, 2009; finding rate case expenses reasonable; finding that any relief requested by CoServ Gas Ltd not specifically granted herein is denied; finding that the meeting at which this Ordinance is passed is open to the public as required by law; providing for notice of this Ordinance to CoServ Gas Ltd.; and providing an effective date. Ordinance No.2009-206 C. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the City of Euless, Texas under Section 271.102 of the Local Government Code, to authorize participation in various City of Euless contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4393-Interlocal Agreement with the City of Euless, Texas). Ordinance No.2009-207 City of Denton City Council Minutes September 15, 2009 Page 11 D. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the City of Euless under Section 271.102 of the Local Government Code for the purchase of street slurry seal services; providing for the expenditure of funds therefor; and providing an effective date (File 4395-Interlocal Agreement for Street Slurry Seal Services with the City of Euless, contract awarded to Viking Construction, Inc. in the estimated amount of $150,000). Ordinance No.2009-208 E. Consider adoption of an ordinance authorizing the City Manager or his designee to execute Change Order One to the contract between the city of Denton and H.C.I. General Contractors Inc., providing for the expenditure of funds therefor; and providing an effective date (RFSP 4206-Denton Senior Center Renovations-Change Order One in the amount of $3 8,919). F. Consider adoption of an ordinance terminating that certain airport lease dated June 21, 2005 by and between the City of Denton, Texas and NTDenton Leasing, Inc for the property known as 4600 Spartan Drive; authorizing the City Attorney or her designee to take appropriate action to effectuate the termination; and, providing an effective date. The Airport Advisory Board recommends approval (6-0). This item was not considered. Ordinance No.2009-209 G. Consider adoption of an ordinance of the City of Denton, Texas, amending the fiscal year 2008-09 Budget and Annual Program of Services of the City of Denton to allow for an adjustment to the Risk Retention Fund of four hundred thousand ($400,000) to provide for additional appropriations related to litigation; declaring a municipal purpose, providing a severability clause; providing for an open meetings clause; and providing an effective date. Ordinance 2009-210 H. Consider adoption of an ordinance approving a "Fifth Amended Agreement" to the agreement originally entered into by and between the City of Denton, Texas and the Greater Denton Arts Council, dated October 15,1990; authorizing the City Manager to execute the fifth amended agreement; approving the expenditure of funds therefor; and providing for an effective date (authorized annual expenditure of $93,000). Ordinance No.2009-211 I. Consider adoption of an ordinance approving an agreement by and between the City of Denton, Texas and the Denton Community Theatre; a Texas non-profit corporation; authorizing the City Manager to execute the agreement; approving the expenditure of funds therefor; and providing for an effective date (authorized annual expenditure of $8,000 for FY 2009-2010). Ordinance No.2009-212 City of Denton City Council Minutes September 15, 2009 Page 12 J. Consider adoption of an ordinance of the City of Denton, Texas, adopting a City logo, to be used as the official logo of the City of Denton, prohibiting the use of the official City logo by any person, firm, corporation, or organization, other than the City of Denton without written approval of the City Manager or his designee, providing for a penalty not to exceed five hundred dollars for each day of violation, providing for a repealer clause, providing for a severability clause, and providing for an effective date. Approved the minutes listed below. K. Consider approval of the minutes of: August 3, 2009 August 4, 2009 August 6, 2009 August 7 & 8, 2009 4. ITEMS FOR INDIVIDUAL CONSIDERATION... A. Tabled -Consider adoption of an ordinance of the City of Denton, Texas approving an interlocal cooperation agreement and „®ranting an easement to the DCTA on the Denton Branch Rail Trail for the purpose of building a public commuter rail line; and declaring an effective date. The Mobility Committee recommends approval (3-0). (Tabled from March 3 2009 This item remained on the table. B. Tabled -Consider adoption of an ordinance of the City of Denton, Texas re - arding®a Specific Use Permit to allow forty-six (46) attached and fift -four (54) detached since family dwelling units on approximately 30.7 acres located within a Neighborhood Residential 3 (NR-3) zoning district on the southwest corner of Hinkle Drive and Windsor Street; providin fora enalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (509-0002 The Planning and Zoning Commission recommends denial (5-0). A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL. (Tabled from July 21, 2009) Council Member Mulroy motioned, Council Member Engelbrecht seconded to remove the item from the table. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye".Motion carried unanimously. Mark Cunningham, Director of Planning and Development, stated that the last time this item was considered there were three issues left unresolved. Those issues included access from the site from Windsor, traffic calming devices throughout the community and other architectural standards for single family attached units. The applicant had addressed those issues and staff had reviewed them. The Development Review Committee had recommended approval with five conditions and staff was now recommending approval with those five conditions plus three additional conditions. The three additional conditions included (#6) the design of the attached single-family homes shall be similar to the elevations shown in Exhibit "C" and shall be constructed utilizing at least five of the following design features-dormers, gables, recessed entries, covered front porches, cupolas, architectural pillars or posts, bay window, clay tile, slate copper of high definition composition roofing materials, fireplace chimneys matching the exterior finish of the home, windows and doors made of wood, metal clad or metal with bronze City of Denton City Council Minutes September 15, 2009 Page 13 anodized finish, decorative wrought iron, wood, stucco or masonry railings as extensions of the architecture of home or exterior finishes consisting of brick, stone or stucco, similar to the elevations depicted in Exhibit C; (#7) all single-family attached homes shall have rear vehicle entry with access provided through the alley system shown on the site plan and shall be constructed and paved to City standards, shall not be used to satisfy access requirements for utilities or city services and shall not have direct access to Hinkle Drive or Windsor Street; and (#8) the minimum heated floor area for the attached single-family homes shall be 1,620 square feet per unit. The last item addressed with the residents concerned the installation of traffic calming devices in the community at-large. Those could be installed along the neighborhood streets. Jim Coulter, General Manager-Water Administration, stated that the residents would have to petition the Engineering Department for speed humps in the neighborhood. It would require approval of 2/3's of the neighbors to be installed. Council Member Mulroy asked that Planning and the City take the initiative to meet with the neighbors to go the through steps. Council Member Engelbrecht asked if other traffic calming devices could be used rather than the speed humps such as 4-way stops in the cross streets. Coulter stated that they would have to look at the criteria. With established neighborhoods the normal device was speed humps. Mayor Pro Tem Kamp suggested placing an electronic sign indicating how fast a vehicle was moving through the neighborhood to try and keep the speed down on vehicles. Council Member Watts stated that there was some discussion last time regarding access from Windsor which was classified as a secondary arterial and curb cuts and ingress/egress was not allowed from that type of street. Cunningham stated that there could not be a driveway from that classification of road. It would have to be a full right-of way and not a driveway. Council Member Watts asked if Windsor would have to be widened at that location. Windsor still went down to one lane in each direction to Hinkle. PS Arora, Division Manager, stated that a small section would have to be expanded for stacking distance and allow traffic to move towards the existing drive. Council Member Watts stated that Hinkle was one lane each direction and additional land would be required for the widening and questioned if that additional land would be coming off the developer side on Windsor. Arora replied correct. City of Denton City Council Minutes September 15, 2009 Page 14 Council Member Watts stated that condition six related to elevations shown in Exhibit C and that the design features had to be at least five of those features but did not specifically include Item L relative to the exterior finishes. Cunningham replied correct that the developer could pick five of the features listed. Council Member Watts stated that condition six indicated that the design had to be similar but given the options, the developer could choose not to use any of the materials shown in Exhibit C. He felt that the materials for construction should also be the same. He was also concerned that the recommendation only applied to the attached homes and not the detached homes. Cunningham stated that the applicant was opposed to that as this was a specific use permit and as such, conditions were allowed to be added or deleted as described in the Code. Council Member Watts questioned why they were not brought separately -one set of conditions for the detached homes and one set for the attached homes. Cunningham stated that the conditions were being added via the specific use permit. Council Member Mulroy asked how the specific permit use was noticed. Cunningham stated that it was noticed for the total land area. Council Member Mulroy asked if the way the proposal was presented could changes in the conditions be made on the detached as well as the attached. Cunningham stated that the staff conditions were just limited to the attached homes. Council Member Engelbrecht stated that condition one indicated that approval of the specific use permit would not grant any waiver to the overlay conditions. That overlay indicated the requirements for the exterior of the single family structures and had not changed from the previous zoning. Cunningham stated that the other conditions would be above and beyond what the current overlay restrictions were. He indicated that condition six could be changed to indicate the developer would choose five from Item A-K and Item L would be required. Council Member Heggins stated that in viewing the elevations of the attached units, she hadn't seen such townhomes in Texas and saw those elevations as an imbalance. She did not like them. Mayor Burroughs stated that the following individuals had submitted Speaker Cards: Robert Curry,1210Meadow Ridge, Denton, 76201 -opposed Gail Garber, 1200 Meadow Ridge, Denton, 76201-opposed Darby Remko, 701 Northridge, Denton, 76201-opposed Jack Frisby, 405 Magnolia, Denton, 76201-opposed Kirk Pierce, 500 Mimosa, Denton, 76201-opposed City of Denton City Council Minutes September 15, 2009 Page 15 Comment cards were received in opposition from: Albin and Helen Houdek, 428 Mimosa, Denton, 76201 William Charles Borth, 626 Magnolia, Denton, 76201 Jeff Fairchild, 625 Northridge, Denton, 76201 Hatice Salih, 300 Northridge, Denton, 76201 Dan and Denise Rhine, 525 Headlee, Denton, 76201 Daniel Garza, 300 Northridge, Denton, 76201 Bobby Morris, 700 Magnolia, Denton, 76201 Margaret and Tom Hook, 721 W. Windsor, Denton, 76207 David Spiker, applicant, presented information on the proposal. He stated that the density of the property at NR3 was the lowest residential density in the area. Some neighboring areas were NR6 and NR12. He reviewed the lot sizes of the proposal as compared to the homes on Meadow Ridge and the surrounding neighborhoods as well as the costs of the homes and landscape plan. Council Member Gregory asked about the number of attached homes that could be together. Spiker replied that he was only allowed to do five together. He continued his presentation with information on the public road to Windsor and the outside public improvements including a bike path. Council Member Mulroy asked about the bike lane in the development. Spiker stated that there would be abike/pedestrian trail the full length of the development. Council Member Watts stated that the traffic count assumed that none of the cars on Windsor would go right onto Hinkle. On Windsor a vehicle could only go east to get to Carroll or west to Bonnie Brae. There would be some traffic on Hinkle. He indicated that when Council previously considered this development for the NR3 zoning and based on a meeting with the neighbors, it was indicated that the trees would be preserved but now those trees were gone. He also questioned why the developer would request NR3 zoning two years ago and could build the same amount of homes in a similar category but would now want to build attached homes. Spiker stated that that the lot sizes would be smaller if 104 lots were developed. He felt that there was a need for these types of homes. He was trying to create something unique and increase the property value of all the surrounding property. He indicated that he was not aware of condition nine until he got to the meeting. He was not in agreement to build a right and left turn lane. He felt this should be handled at the time of final platting. He intended to do a traffic impact analysis even though it was not required. Council Member Mulroy asked if the developer had a problem with the minimum heated floor area relating to the ground floor. Spiker stated he had no problem with that. Council Member Mulroy stated that the developer would have vehicle access on Windsor but was not in favor of the turn lanes. City of Denton City Council Minutes September 15, 2009 Page 16 Spiker replied correct. Arora indicated that if the developer performed a traffic impact analysis, condition nine could be changed to have the requirement be based on the outcome of the analysis. Mayor Pro Tem Kamp expressed a concern about Meadow Ridge drainage. Arora stated that it could not exceed the existing condition of runoff on the property. Council Member Mulroy asked if there was anything in the proposal that was adverse to the Denton Plan as adopted. Cunningham stated that it was consistent with the Denton Plan and in some cases went above and beyond some of the requirements. He indicated that the trees were cut in an unauthorized fashion and that the developer was fined for the removal of the trees. Mayor Pro Tem Kamp stated that she had received emailed from retirees about the need for townhomes in Denton. The reason there were none in Denton was that no one up to this point had built any. The proposal had more restrictions with the specific use permit conditions than would be there without the permit. Council Member Gregory indicated that he had also received emails about having townhomes in Denton. He felt this was a good proposal and if it were going to be located near undeveloped land, it would be good. His conflict was that it was a good overall development and felt that the neighbors would be sorry if regular NR3 development was done. On the other hand he represented the voters and they were against the proposal. In this case he would have to go with the voters. Council Member Mulroy stated that he was conflicted because this was the most attractive development that had been proposed on this property while the neighborhood still was not in favor of the proposal. Council had asked staff to guarantee quality and that had been done to ensure higher end development. The bike lane was not going away and would actually be safer than what currently was there. The gap seemed to be a slow education on the development plan and the transition to this type of home. The layout had been done exactly what the Denton Plan had required and the townhomes would have separate titles. This had to be a consideration of the entire community and felt that this was the highest quality development proposed in many years. Council Member Heggins stated that when there were more against than in favor of a proposal, then that was the way to go. She would be voting against the proposal. Council Member Watts stated that in 2007 the developer asked for NR3 zoning and the restrictions that were placed along with the NR3 zoning now seemed to be restricting the property for economic goal. The property had been there for 12 years with all kinds of versions for development. He had a problem that restrictions were placed on the property regarding the trees and then the trees were torn down after the ordinance was passed. He was not in support of the specific use permit. City of Denton City Council Minutes September 15, 2009 Page 17 Council Member Engelbrecht stated that the neighbors had been in one position all along against the proposal. They were against it in 2007 and were still against it. He would be voting against the proposal. Mayor Burroughs stated that the reason for the specific use permit was primarily for compatibility. There was some multi-family in the area but mostly there were single family detached homes. The developer had addressed many issues which in straight NR3 zoning would not have been addressed. With straight NR3 zoning there would be no buffer, no bike lane, no materials issue. The specific use permit tried to address compatibility issues to make the proposal more acceptable to the existing land uses. The developer had gone far beyond what normally would be seen. This was not a quality issue but that did not mean it was necessarily compatible. Each individual objection stemmed from the fact that the neighbors did not feel the proposal was compatible because of the multi-family component. He indicated that he could not support the proposal. Council Member Mulroy stated that the Denton Plan called for exactly this type of plan. This was an opportunity to have townhomes in nice neighborhood. Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to deny. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council Member Mulroy "nay", and Council Member Watts "aye" .Motion carried with a 6-1 vote. C. Tabled -Consider adoption of an ordinance of the City of Denton, Texas approvin a Specific Use Permit to allow for gas well drilling and production on property on a three (3) acre site on the west side of Bonnie Brae Street, north of Scripture Street, within the Town Center of the Rayzor Ranch Overlay District with a base zoning of Nei hborhood Residential Mixed Use (NRMU); and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (509-0006) The Planning and Zonin,,g Commission recommends approval (4-0). (Tabled from July 21, 2009) This item remained on the table. Ordinance No.2009-213 D. Consider adoption of an ordinance of the City of Denton, Texas, authorizing and directing the Cit Manager to execute an amendment to expand the scope of activities and extend the term of a ri,~,ht of entry and possession, dated March 3, 2009, and extended on Ma~ 5, 2009, and extended on June 23, 2009, and subsequently extended on September 1, 2009 in favor of the Denton County Transportation Authority (DCTA) and authorizing DCTA to enter upon and take possession of certain real property of the City of Denton for the pu ose of performing activity as described in Attachment "A" hereto; and providing an effective date. Robert Donnelly submitted a speaker card in opposition. City of Denton City Council Minutes September 15, 2009 Page 18 Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to adopt the ordinance with the extension date to September 22, 2009 without an expansion of the scope of work. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council Member Mulroy "aye", and Council Member Watts "aye".Motion carried unanimously. E. Consider nominations/appointments to: 1. Construction Advisory and Appeals Board 2. Historic Landmark Commission 3. Zoning Board of Adjustment Council Member Engelbrecht nominated Jeff Wawro to the Construction Appeals and Advisory Board. Council Member Heggins nominated Jchon Paradise to the Zoning Board of Adjustment. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council Member Mulroy "any", and Council Member Watts "aye" .Motion carried with unanimously. F. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: a. Rudy Rivas regarding abuse ofauthority-impersonating a civil servant. Mr. Rivas was not present at the meeting. b. Gilmore Morris re~ardin~ driving safety on the Square. Mr. Morris was concerned about safety on the Square. One of the problems on the Square was that there were no speed limit signs posted. He felt the speed limit should not exceed that of a school zone. There also were no instructions for pedestrians to use the crosswalks. He also felt that cell phone usage should not be allowed while driving on the Square. 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 upcomin meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest re arding which no action will be taken, to include: expressions of thanks, congratulations, or condolence, information re~ardin~ holiday schedules; an honorary or salutary recognition of a public official, ,public employee, or other citizen, a reminder about an upcoming event organized or sponsored by the ~overnin~ body, information re~ardin~ a social, ceremonial, or community event organized or sponsored by an entity other than the ~ overnin~ body that was attended or is scheduled to be attended bX City of Denton City Council Minutes September 15, 2009 Page 19 a member of the ~overnin~ body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the munici ality that has arisen after the posting of the a-enda. Mayor Pro Tem Kamp stated that the Police Chief had also spoken with Mr. Morris and requested a report from him on the issues. She indicated that on Saturday, September 26th there would be a "Wild Beast Feast" on the Square with Council cooking and serving food. She encouraged everyone to come out and support the arts. Council Member Engelbrecht asked for a report regarding bike and pedestrian lanes and whether it was illegal for bikes to be on sidewalks. Council Member Heggins invited everyone to the upcoming 11th Blues Fest in Quakertown Park. Council Member Gregory requested that staff work on procedures for items on table so that residents would have a good indication when one might be coming off the table. Mayor Burroughs asked staff to contact DCTA and inquire about the possibility of not closing off the entire trail corridor during their work but rather close the particular section they were wor mg on. H. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. I. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 8:45 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 DEPARTMENT: Transportation Operations ACM: Howard Martin, Utilities, 823 SUBJECT Consider the approval of a resolution of the City Council of the City of Denton, Texas, appointing one member as the City's representative to the Tarrant Regional Transportation Coalition (TRTC); and providing for an effective date. (Mobility Committee recommends 2-0). BACKGROUND The TRTC is anon-profit membership organization that advocates for transportation improvements in the western half of the North Texas Metroplex. The TRTC is committed to increased investments in transportation, enhancements to the regional commuter and freight rail systems, preservation of air quality and the overall improvement in mobility for the region. The City of Denton joined TRTC in October 2008. As the Interstate 35-West corridor continues to develop, the City of Denton and Denton County will become more and more involved with planning and development efforts along this corridor. Membership in the TRTC will enhance Denton's role in regional transportation decisions and could assist the City of Denton in advancing planning objectives along the Interstate 35-VV corridor. In March 2008, staff presented information on TRTC membership to the Mobility Committee and was directed to identify funding in the FY 2009 budget for TRTC membership. PRIOR ACTION/REVIEW The Mobility Committee recommends Council to consider Council Member Gregory as the City of Denton Representative on TRTC (2-0). Council Member Watts is listed as the current City of Denton representative on the TRTC, but no longer a member of the Mobility Committee. FISCAL INFORMATION Membership is $0.10 per capita. Membership dues for Fiscal Year 2009 were $10,605. EXHIBITS 1. Draft Resolution 2. Mobility Committee Minutes Respectfully submitted: Mark Nelson Transportation Director s;lour documeritslresoluti~nsl~~ltazrant regional trans coalition,doc ATTEST: JENNIFER ALTERS, QTY SECRETARY BY: APPR~VEI~ ~AS T~ LEGAL FR~I: AN~TA ~~RC~ES, ~TY~ ATTORNEY BY. i Page ~ ~f2  i 1 2 DRAFT MINUTES 3 City Council Mobility Committee 4 Tuesday, August 25, 2009 5 6 After determining that a quorum of the Mobility Committee of the Denton City Council was 7 present, the Chair of the Committee on the Mobility thereafter convened into a meeting on 8 Tuesday, August 25, 2009 at 2:17 p.m. in the City Council work session room, 215 E. McKinney 9 Street, Denton, Texas. to 11 Present: Chair Pete Kamp and Mayor Mark Burroughs 12 13 Absent: Council Member Dalton Gregory, excused 14 15 Also Present: Mark Nelson, Transportation Director; Ann Forsythe, Boards and Committees 16 Coordinator; John Polster, ITS; and, Allen Clemson, Executive Director and 17 Carrie Rogers, Governmental Affairs Officer for NTTA. 18 19 20 4) Receive a report, hold a discussion and make a recommendation to City Council on a City of 21 Denton representative to the Tarrant Regional Transportation Coalition. 22 23 Chair Kamp made a statement that she had visited with Council Member Gregory about this and 24 Council Member Gregory was introduced to Mr. Vic Shum, Executive Director, Tarrant 25 Regional Transportation Coalition at the Irving Transportation Summit earlier this month. 26 27 Chair Pete Kamp nominated Council Member Dalton Gregory. The nomination was 28 approved by a 2-0 vote. 29 30 The meeting was adjourned by consensus at 3:40 p.m. AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 DEPARTMENT: Parks and Recreation Department ACM: Fred Greene SUBJECT Hold a public hearing and consider adoption of an ordinance granting approval of the use of a portion of Carl Young, Sr. Park and Woodrow Lane Park for the purpose of an underground public utility easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for a public utility easement; and providing an effective date. (Parks, Recreation and Beautification Board recommend approval with a vote of 4-0.) BACKGROUND The City of Denton Municipal Utilities has requested the use of parkland for the purpose stated, in order to replace an aging existing sewer line along Pecan Creek in Carl Young, Sr. and Woodrow Lane Parks. State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands, of the Texas Parks and Wildlife Code requires that: (a) a municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park unless the municipality, acting through its duly authorized governing body or officer, determines that: (1) there is no feasible and prudent alternative to the use or taking of such land; and (2) the program or project includes all reasonable planning to minimize harm to the land, as a park, resulting from the use or taking. (b) A finding maybe made only after notice and a hearing as required by this chapter. " If the proposed utility easement is allowed, a value must be placed on the 1,217 linear feet, 0.777-acre sections, and charged to the City of Denton Municipal Utilities. In addition, land disturbed in the parks will be returned to its original condition. The Parks and Recreation Department and the City of Denton Engineering staff have reviewed all other possible alternatives. These alternatives included: • Select another route through the city that would by-pass the park area. A routing study was conducted. A normal gravity flow line currently exists across the park area. There may not be another gravity flow route. • Permit the proposed routing of the sewer easement across the park area to connect with an existing easement passing through the park areas. After review of options, it appears this is Agenda Information Sheet October 6, 2009 Page 2 the most prudent and cost effective way to provide a major gravity sewer line to this part of the city. OPTIONS Because alternatives to the easement are not feasible or prudent, the best option is to approve the easement use as proposed. RECOMMENDATION After reviewing all alternatives, staff recommends approval of the use of the Carl Young, Sr. and Woodrow Lane Parks for the public utility easement along the Pecan Creek channel. There will be no major impact on current park operations or programs. The Parks and Recreation Department confirms that the City of Denton has investigated all other alternatives and has used reasonable planning to minimize harm to the land. ESTIMATED SCHEDULE OF PROJECT Construction is projected to begin in early 2010. PRIOR ACTION/REVIEW The Parks and Recreation Board recommended approval 4-0 of this public utility easement at a meeting on September 14, 2009. FISCAL INFORMATION Compensation related to this use is still under discussion with Denton Municipal Utilities. It is reasonable to expect that improvements directly related to programs and/or facilities in the Carl Young, Sr. and Woodrow Lane Parks will be provided. EXHIBITS 1. Ordinance 2. Map (Exhibit 1) 3. September 14, 2009 Park, Recreation and Beautification Board Meeting Minutes Respectfully Submitted: Emerson Vorel, Director Parks and Recreation Department Prepared by: Bob Tickner, Superintendent Parks and Recreation Department Ilcodadldepartmentsl~egallour documentslordinances10~1chap 26 ordinance cart g yaunw~odrow In parks public ►~tilit~ easements 1~-6~~9.doc ~ aRDINANCE Na. AN aRDINANCE RANTIN APPRavAL aF THE USE aF A PaTION aF CARS, YaUN~C~, R. PARK AND waaDRa LASE PARK FaR THE PI_JRPaE aF U~vDER~RaUND PU~I1~C UTILITY ~ASE~E~T IN ACCaRDANCE KITH CHAPTER aF THE TEA PARKS AND WILDLIFE CaDE; PRavIDI.~Cx FaR A. PUBLIC UTILITY EASEMENT; AND PRavIDINC~ AN EFFECTIVE DATE. w~HER~.A, section X6.001 of the Texas Paxks of wildlife Cade provides that public land designated and u~d a parr may be used for anon-park purpose if the City Council find after notice and hearing that there is not feasible and prudent alternative to the use of such land for the proposed project and the proposed pia j ect lnclude~ a~1 re~onab~e ~lannrng to minim~~e ham. to the parr xesultin from such use; and wH~REA, the C~t~ of Denton de~res to 1n~prove wastewater ut~l~ty service to the C~t~ of Denton by ~n~proving utilities on a o.7~$ acxe ~eotion through the park; and wI~EREA, the City of Denton desixes to provide the public utility easements since alternative options would not be feasible and prudent; and wHEREA, the City provided notlce rn the Denton Record Chronicle on eptember 1 ~l, and S, X009 of a Public Heaxing to be held on actob~r 6, ~~09 in the Council Chambers to consider the alternatives to the use of City Park for the public utilities relocation project; and wHEREA, the City Council on actobe>" , 2009 received testln~ony at a public hearing on the issues of no feasible and prudent alternative to the use of the property fox the proposed pro jcct and that the pro~oct includes all reasonable planning to minimise harm to the Carl Young, x. Park and wood~row Lane Paxk xesultin. ~'om the public utility easement; and w'~IEREA, the City Connell finds that the project does not fall wlth~n the purview of section 2.001 of the Texas Looal Croverrnnent Code; and wHEREA, the City Council finds that there is no feasible and prudent alternative to the use of the park land and that the subject utilities location proj ect Includes all reasonable planning to minlml~e harm to the park as a xeult ofthe project; Nab, TH~REFaRE, THE CaUNCIL OF THE CITY aF DENTaN HEREBY aRDAfN: ECTIaN I , The public utility easements proposed by the Clty of Denton unlc~pal waste water Utilities the `<Proj ect}'} shall be constructed and maintained below the surface of the park property described in Attachment 1 which is attached hereto and nude a part hereof for all purposes, and that the surface of the park after installation of the utility lines be constructed. in a manner so that the park land may stx~1 be used by its patrons after completion of the Project ~n the same manner it was used prior to the Project.  i S;lOur Dacr~mer~sl0rdinances409lGhap 26 Qrdinsnee Carl G YaungWoadmw i,n parks Pu61ic Util$y F~asenrents 10-G-O~.dae r a ECT~ON public utility easement shall be signed ~y the City Manager ar his designee ar~d approved by the City Attorney allawin~ the use o£ the park property far the bra jest as referenced above with appropriate provision to insure the improvements are constructed in accordance w1 City ubd~v~s~on Rules and Regulations; protects the patrons using the park from ~n j ur~r and damage both during and after can~tr~ctran of the Project; co~npen~ate~ for the reasonable market value of the use herein granted and genera~~y protect the health, safety and general welfare of the City. ECT~ON ~ . wring cvnstructian of the Pia j ect, temporary use of ueh additional park land necessary to stage the construction of the improvements ~.ay be approved by the Director of Parks and Recreation Depart~ient. However, at the completion of the construction activities far the Project such additional parr land sha11 be restored to the condition to which it existed prior to the beginning of such construction actlvltles. ECT~ON 4. The rights and benefits set forth in this ordinance nay not be assigned without the express written consent of the City. ECT~ON 5. The findings canta~ned 1n the preamble of this ordinance are incorporated into the body of this ordinance. SECTION This ordinance shad become effective immediately upon its passage and approval. PAED AND APPROVED this the day of~ , Z~~. MARK A, ~URROUC~~I, MAYOR ATTEST JENNIFER VI~ALTERS, CITY S~CR~TARY . 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R~,IC ~T~~~`Y ~fr~T . . ~~~9 ACRES M ~ ~9. ~ F 8 ~ ~.o~ ~ ~ s ear ~s~#♦,t.e+sfi~■■ ~ ~~~•1 414l~1#Hr4~nr}*#~! ~ • ~•4a ar~~r~w ~r rmt t r~ ~ arr  'I 4 f~ ~ .fit '~,~x 5A~ ~ is~~~, ~'~xa~'~~4~'~ ~~~I' ~ 3~~ ~~~1` ~E~ t ~ ~ ~r paI mod. s~ ~ e ~r ~ , ~ ~ 8~4, ~~y ~ent~n, D~n#~n ~ ounty', was, bed a pit 14, ~~ock of a~~~ao~ 3, ~ ~~ty of Int~n, ~en~o~ noun , fi~ acrd' to ~e~f ~ P ~d~d ~ V~lu~e ~ ~4 ~f#~~ of ~n and berg t~a~e~~ d~b~d ~ fv~~; ~~~1 p~ r ~i ~ e t ~ ~v~ 4 ~e wed a Lit 3 ~f ~ ~a~~ 5 ~c~ the c~~.o~ nth nr e~ b l~~rd~ ~Q de m~.u ~ ids E~ a d~~ ~f ~ • ~ • fi~ ~~av~~ foot ~e 1~~f-; SCE SQL ~ dew ~4 menu seconds ~ ~ ~h~ ~t one ~ a des of~.~'~ feed a p~~t ~o~ ' N~'~~ deg 1 .uses 49 ids 'es ~~~r, and ~ ~ 4 a • ~ d~.ee ~f~.~7 ~ ~o a potty ~a eat o~ ~ o~ ~~o~ . ~I~rth ~4 ~4 m,~ 2~ seo~n Easy ~ ~n~ a~ said dot a ditano~ ~~3 f ~ ~v~n~ far carn~r o d~~ ~ S ~ 4 ~ over ~cs~ end you. ~.d ~ ~ a ice a~ f to ~ l' Ems, ~ cvn~ r~s ~f nc~ mn~e ~r mss. I r**' i *~'tr*, J . • f 3 • z..s.~.•.~..s..*~~ • ~ ' ~ C:~~OS~COdlea~t ~ ~~r ~ ~s15.doC  i 0 ~ Fe~~ f~f. ~ 1 Rf. +JM~~ ~ s~~~~'.~s"e ~o.o~' ~~o~~ ~~~U~~ ~ S3, ~A~E 84 ~ ~ ~i 5 L~ ~ 4 w 7 ~ ~ ~.OT 3 ~ ~ a ~ ~ ~ ~.~~s w 4 r ~ ~ ~ i ~ f a ~ '+•r•N'► a` . ~ i ~ fit. ~ ~ ~.~e~~o~ ~ fox - ~8 - ~.ewisvx~f ~ 7504?  ~I c~ ~ ~ ~ .3~' Fors ~a°~ ~ ° r ~ 3~' PUBS ~ 1~1.~T~ ~~NT t ~ ~ Y~~U~~ ~3, PAGE 84 ~ •aaa.si#Hi#aat rr ■ •a 1 T a ~ 1 ~iaai~■ •a ~ ■ +~iii#is R ~ ■ • .i ~ ~~y ~~~T E~I Y ~ ~ G~t~ ~.e~ T's X50 . C~1~1') CJ~EiC II~iFTQ~ ~ i~.!'1~ T!3/2gOg 3~t#4 ~i ~ } .  i a a P,~, fox ~ ~i.~~~} 7~7 ~~~T ~ ~.4 ~CR~ ~I'I`Y ~I~ DES, D'T'~~ C~, TEA ~ll t} ~ lob i~ e~ ~f s~ ~ t ~ iv ur} ~b~~ ~ ~ ~ Ztan, I3~nn Cain, ~'~s~ an,~ ~e~g a ~ ~a~ ~~a~~ alo~na~ ~ ' '~a~ ~a. , an Cif of n, Cam, ~`as~ acca~ tie ~ ~ ~o~u~e ~3, ~a 84 0~ Did ~ a~~t C~uuty, Tom, a~a~ ~a ~.or~ parrtaau~r descr~~ lla ~ ~e ~t oar o~ sad Lod G ~e nab corms ~ of sad Back and sau#~ ~ aft, ~e ~ ~ ~4 ~a~ ~ ~ag~f-~a~~ a~ ~ ~ 4 min. ~d~ ~ #~e ~ e of sad fat a . dance a~~~#~4 fit ~ a pow far ~~r; T~ flv`, mass ~ sa~.d ~ ~ the fa~~Owin tea orb 7~ d~g~ees ~ ~ au#~s ~9 ands a dice a ~ to a f ~arn~r; ~r~ dues nu 55 ids ~ disc a~ ~.1~ ~ ~v pa~~ fir r~e~ a aft 7 a~~d ~Za S; ~ dew ~ sand wi#~ d~ ~ of d Lai a dice of feed ~o ~ n~~t ~r chef aid Ong ~n svu#~ ~ of said Fra~.e S~ ~~CE d~ 3~ nos ~8 ~ ~ ~ u~ lire a~ E, P~ ~ d~~e ~~.~0 fit ~o P~~ B~~f~~ and ~uin~n 0.~ ~c~e~ of ar •+a+~#4~Rfa~a. its ~ •s~# 4 y i i~~ ~:12lO~pp~ c ~ I ldtt4.~oc  i a 20 Feet • 1 ~ ~ ~~~i~~ w ~ ~ ~ ~ v ~~r ~ ~ ~o~ ~ s~o~c ~ o~o~~~ ~~~~~~o~ ~ v~~~~~ ~ ~a~~ s~ ~ •k}i~sfasaaN4N i#!f[na *■r li~ ~fN~M/ frraaNrir~i '*+..a...~' ~ ~ 7~ ~ z  I ~ Boy ~ Le~v~~e, Teas ~Ob7 '~c~; ~ fax: ~3~~j ~~XT ~fy ii~ ' I ~El ~ #ha~ ~n ~o # or poet 0 i.d ~ tae ~ u~, ~ ~ X84, ~i ~fDe~, #aoa out, Tee, aid i~g a .t ~~t B~ ~ of a~o~n~a ~ ~d~ a. , a~ a~o~n ~o ~ ~ ~a~a., ~aa our, Te~,a,, t p.t ~ex~of ~rd~d. i~'~~iume ~ 83, .~a~e 4 of #h~ herd ~f Deaton ~ou~n~ aid b~~~ Sao ~aic~r~~ ~ a~ fo~~: ~EIl~ ~ tie u~h~re~t rn~r ~ I ~ ~ be~.g ~e s~ o~ Lai ~ ~ of d B~o~~ ~ a~.d ~o. ~ aft. ~ ~ 4~ ~oo~ a ~~-vf~w~; ~o~h deg ~n~s ~ s~cv~d ~ easy a ~f d ~ ~2, ~ dance a~,~4 fee# a~ot four gar ~ ou des ~ minus se~nd.~ ~ a~er# ~ #~no said ~0, ~ a~ i f ~ f~ C~~I' ~ ~ one 4fi s'd ~~oc 4; . ~ 4 u s'es ~es~ ~e s~ a of said Lct a ~ ~f ~~~4 ~ s~v comet a lei m ~.e na~da lire ~f said Na~th S9 dc~ ~ 5 nu ~ S gads a ~ri~ ~ ~o. of sad , Pram ~ a do ~f ~ e T ~i~, aid ' ' ~ a~` mod, a~~ I~ss. r~ r f~~#.a . rrii• ~3~ •rri FiiF.i#i~iM~~R~ r ~ ~ c:l~~~ Cam[ ~ ro~el~cs~.do~  i 35'38 S~.i~3' ] ~ ~i~~i 0 _ ~ ~~4~~ G~ ~ 1~ ~ ~ 1, ~ 1 ~ LSE o ~ ~ ~ ~ ~ N~0 ~'22"~ ~4fi.~3' ~0~' ~ ~0~ 8 °a ~ ; } Mgt t■~A~N ■ ■it# • J~ ~ ~ M ~ ~.0~ ~~as ~ ~ , s~ ~ ~ ~~s ~e~ w f~ ~ ~ woe: 1-~ ~ a: ~7~ ~~T ~ PAC Q#D3~ ~R~ BE all t oar ~ or parcel ~f ~~d a Abs~ v. ~ ~ S~, ~~y of man, De~~o~ `~`~x€, b~~a a part ~ 1~~ Block of A.~d~~on ~o. a~ lion of D~.to~ ~ty~ Texts, aeco~g to ~ ~ #€af ~d ~ ~a~e ~ S~, page S4 of ~ I~ ~d.s of C.o~nt~, Tom, ~d bei~~ ~orc p~c~ descries as fog; ~I~ a~ aka fir eor~ ~n ~e east ~.ne of ~,ot ~4 ofsaid B~oc~ 4 bei~~ ~ lire of s~~~ from i, ~on~ sores nor #~f burs out 44 degas .utes ~2 seconds ~e~ a d~~ ~f ~~.5~ f aad bed ~ e ~in~ of E. P~a~r~c Std vin a 44 ~ cue ~~o-~} dew 4 sods Fad ~ ~hc ~ li of said a woe of 3~.~4 fey post for cora~r t~erco~ '~'5~~~ d~ u~~es 5 ands E~ o~ex, a~ra~s and torah d # a ~~,~U ~ psi for ~ ~ # ~ ~ of sad B~oc~ 4; ~T~NE Souk des .des second ~~s~ ~ ~ ~e of ~ ~ 0, a dice ~f x.04 fed a past for aa~ner a~ the c~~n sow comer ~f said Lots ~4 and ~ ~ and berg ~ the ~ ~e of d ~t ~ ~ ~C~ ~ 5 mi.~u 3 S sends es~ Zvi ~ ~ ~ ~e ~ a d~c~ of x ~ a pow for ooer tho ~ d~ deg miuut~s 5 seconds es~ ~r, across and Hugh said Lod a ~c~e of~.~ ~ fed ~ ~ and ~~g ~~~~4 ar ~f mod, ~o or ~s, f y •ir~~*~~r~~R*as ~ as M i7i ' a ~ ~ 4y~~.y~ 4~4 e:1~~pe cre ~ ~ r~~.dc~C  i i ~~T ~ ~e~t o~ z f.R.F, ~8~~5r3$"W 50.x' . S'~~'35',3~"E J~.~+ .7R~ee~y7,,~~~~~1.~ rl.1~yG ~ 1 ~ ~ ~ ~ ~ ~ w ~ ~ ~ ~ z a ~ LET ~ D a r/~~ ~ • ~f Y ~ ~'f ~ x /#~iiN~r aa1+~a +i f~ • r~ ~ ; ♦iirt ■ 1 ~MN a ~ 1f11~J,Jl l r t ~ ~ ~ ~ ~ ~ C~t~ ~f ~t~~ ~ ~ ~~B ~ ~~os o ~ ~ cv ~ ~ ~ ~ ~ ~ ~ i i r*i ~ ~ t ~ ~9 ~ax9T~ 2~~46~.~ D ~ Sate ~ ~ ~ x,~4 ~7 I~e~ TSB (4Q' ~f.~ ~~anau~~F~~r~ cK ~ ~ ~~~ov~s~r~. ~~~r~~as  i ~ Bay 5~ ~ i~vi~~, ~~xa~ '~506'~ ~-~43 ~ ~ -x'75 ~U~ ~~N~` .7 ~ F aU ~ oe~ ~ or o~ 1a sad ~ ~e ~ ca uy, A~bs~ Nof ~ ~ 8~, ~y ~f ~ent~~r a, Tee, and ~e~ng a pert o~ ~ 1~, ~lck 4 of ~Omon ~1 ~a~ 3, an ~o D~~#an, neon ot~n, ~`~xas, ac,~n ~ ~T~~~me 183 . , Page 8~ o~#~e d cords ofDen , ~~as, and ~.o paces did. ~a~~ov~s: 8~~ a~ a p~1 f ~ ~ es~ 1~.e o~Lot ofsa~dB~oc~ 4 rev ~ ~ of said 1~ fig €ch won soh burs Soh deer ~ ~.ir~~ sn.~s ~i ~ ~ o ~0,8~~ fed aid ~ ~.a a of Pra~ri~c ~~et ~ 4a ~ .de ~i~rt~a~-,y; `~`H~~CE oath dew m~a~s 5 sods ~ e~, a~a aid said ~ ~4, a, dinoe o~ 54.~Q fed ~o a ~o for core ~ ~ din of aid ~ v~ ~ a~~ amide ~-o~4~r '~1~~'E ~ oil degrs 24 mss ids F e e ~ o~ mid ra.~fo~d a d~.o~ of~.~4 f to for corm ~ ~ ~G dew ~ainus 5~ snd~ ~ ~r, moss end said dot ~4, a d~~#ance of ~~}4~ f ~o ~ point f~ co~r ~ ~ w~ ~f said ~ . Sege u seconds '~~~t, ~h ~ wit ling a~ said Loy 12, a. d~c of 3~. f tv tie ~ anal 0. ~3 ~ yes hand, ~o or ~ f ~ F }l~iP}~}Jwrn~~tr ~~~ty~*~S}~~~~)1{tiJiif{}.f } ~ ~ ~ a •f H  u ~ L~~ ss9 ~4 ~ Feed ~R.F D ~r1 ~ ~ ~ ~ ~ , ~ ~ 8 ~ ~ ~ ~ ~ ~ ~~`p~' ~ , ~ e N N y ~ ' • yYf HY!lrertf~►}IW ii i• fflf ia4lR i ! • ~ ~ - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~IBT I~~ ~ ~ ~ ~ . . ~ v ~ ~ i ~ ~ ~ ~.a~~ o s ~ ago ~ ~ ~ i i~ ~ 5~ TES 7~~' ~~T J ~ 0. a~ i►t ~ ~a~, ~ ~r p~I of ~d ~~d ~ ~r~ ~'a.C~ Nv. ~5, Cry £ Dons Lion u~t~, Ted Ruud bei~n~ a pad of ~ of ~d~~on Addi~io~, ~ ~o~. ~ ~f .n, D# a~~ Tom, ~ p hereof cordod ~ ~~ut~e 7, Page ~f ~ P~a~ Reca~rds ~f T~ aid b~ more ~~r defied fog: ~~Il~I~ ~ a pow fir car ~ ~.e one o~Lo~ 4~, ~~o ~ ~f ~r ddit~an, ao ad~.~ti~~. . tie ~it~ of Dew, De~rton Ts, ae~ tv the p Hof tom. i~ ~i~et ~ Pale 3~~ ~ ~ Ards ~f l~ Tee, f~ a nordae~ corner o~ d ~ 4, B~cac~ A bey ~ ~ 1 d~ 15 04 ids ~ a~ a ice ~f ~ ~3,~~ f~ ~ ~ ~ 1 i~c~ ~ god fd~ ~ve~, across ~g~ ~ t ~ f~~og a ~3~ ~ 49 des ~ uses ~1 suds ~ a ~ of f ~ paw ~ aaer; ou~h'~9 d~ des sands F~ ~ d~s~ of~~1,~9 fee~~o ~ fOr c~r~~ or~h des 4~ ~ain~ seconds Eat a tae of ~ paw for per i~ ~ w~ r~g-~f-may .e of Lase; der 1. D~ sed ~ ~ ~es~ ri~f-may ~f ~ aa~ , a d~ee ofd f to ~ f eor; '~~T~ over, ass rout said I 3,1~e f~il~a~g ~ ~3~ cam: Som. des mines t2 tends a d of feed ~ paw far ~ ~ d~ ~4 n~ 43 sends ~ a d~s#~arce of ~~3.9~ f ~ ~aim~ for career, for, ~9 d~ 5 4~ s~ ~ ~ dim of ~~~.9~ f ~ ~a fay rncr ~n ~ easy of said. ~ 4, ~~oc~ ~N~ earth demos ~ ~ U4 sus ~ ~ e ~f ~o~ 4R~ Flo ~ distance of $.5 ~ ~ ~.e ~ ~ ~l~~, a~.~ ' ` a of more oar less. r* * r ~ ys~~a~i++„ea~yisri4 3 qa aKb f•~i..~sia.s0 •iif;"~y*~ ~ ! ~f i 4 y'~ ~ i~{ ~F ~ t Ah ~Y a ~ ;f 'i  i ~~Q ~ ~i~~ ~~~~~~o~ L~ N~~'~~ ~i ~"E X1.5$' r- ~ ~ w L4T ~ ~ a~ ~ ~ c~ ~ ~ ~ ~ ~ ~ ~ C~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ o~ ~ . ~ w ~ ~ r k}'Fiarfaf~l i•CY4iy~fl i4~~~i►}}iii ~ fl4C.I r~~M+'.~ ~i~ a i ■ ~ ~ ~ ~ ~ ~IIB~" J-~ a~~~o~~ . i I~~ ~ ~ ~~a~~~~ ~ ~~t ~e~t~~ a CAB. P~.~ 3~~~ ~ as LET 3 ~~I~~~~ ~"o~ , ~ ~ 9~' SAI~TaRY SEY E~~ - ~ ~ ~~L~ h10. 1 D95~) ~ ~ ~ _ ~ ~ fir. ~ s~~~ ~ ~ ~'ro ~ ~ r ~ ~s~  'I Carl Gene Young, Sr. Park Woodrow Lane Park Pecan Creek Sanitary Sewer Interceptor Route Proposal Exhibit 1 i~ ~ ~ ~ ~ ~ _ ~ "I ° ~ fff4 t Y' ~n 1 F , ~G f I -.1 I I I t ~ ~ •i_~ r, Pecan Creek Trail .•k # 1>7 I I I ~ ~l~ Carl Gene Young Sr. q~il q Park branch - ' ~ ffi~~', t - F, ~w,~~ t f•~ ~ ~k F III _ 4 I s r, aL t , , 1 ,1 ! 4 L's J _ 147 Y1 I Q, 1 ~ i i> • f., ~ ~ I i- . ;7- 4 Al w ` f r Proposed Sewer Line route oore Park # 4 , t _ w F ~ ~ ~ ~~ICI~ I r:. ~..~I II1~ I 711t~' ♦ ~ >r~I Dro: Park 17- tltr n ~ L~ 7k' I ~ yam; e I a-y VI` rJ ~ l i y I ~ - l v~ j➢ ~ - a. r 690 315 0 690 Feel 1 DRAFT 2 Parks, Recreation and Beautification Board 3 Minute s 4 September 14, 2009 5 Civic Center Conference Room 6 7 Members present: Carol Brantley, Vicki Byrd, Mike Simmons, Jennifer Wages 8 Members absent: Allyson Coe, Derrick Murray, Janet Shelton 9 Staff present: Emerson Vorel, Aimee Dennis, Amanda Green, Jim Mays, Janie McLeod, Bob Tickner, Mary 10 Aukerman 11 12 With the lack of a Chair or Vice Chair, Emerson Vorel called the meeting to order at 6:02 p.m. 13 14 AWARDS AND RECOGNITIONS: Emerson presented outgoing Board members, Reggie Heard and Ross 15 Richardson, with a dedicated service award from the Park Board and an appreciation certificate from the Mayor for 16 their years of service. 17 18 APPROVAL OF MINUTES OF August 3, 2009 MEETING: Emerson asked for any corrections or 19 amendments to the minutes. Hearing none the minutes stand approved as written. 20 21 ACTION ITEMS: 22 Emerson asked for a motion to amend the agenda by moving "ACTION ITEM f ' to the first action item, and 23 adjusting the other items down one. Mike made the motion to move "Action Item f' to be the first item 24 considered, Carol seconded the motion and the agenda was amended. 25 26 ~ Donation of Rob Erdle Paintings - Jo Williams, Chair of the Public Art Committee, presented to the Park 27 Board the two watercolor paintings being donated by Rob Erdle's wife, Millie Giles. The two paintings will 28 need to be framed. The exact cost of the framing is unknown at this time but it is estimated to be about $250 29 for both prints. It is Ms. Giles intent that the pictures remain in the same facility as the Summer Haze painting 3 0 purchased for the South Branch Library. 31 32 MOTION: Jennifer made a motion to recommend to City Council the approval of the Public Art Committee's 3 3 recommendation to accept the public art donation from Millie Giles of the two watercolor paintings. Carol 3 4 seconded the motion and it passed with a vote of 4-0. 35 36 a) Alcohol Ordinance Revision -Section 22-32 of Chapter 22 (Parks and Recreation) of the Code of 3 7 Ordinances of the City of Denton, Texas, relating to possession and consumption of alcoholic beverages in the 3 8 park is being revised to change the name of Civic Center Park to Quakertown Park, and to allow the sale of 3 9 alcohol in the Civic Center Building and Emily Fowler Library with the approval of the City Manager or his 40 designee, which has historically been the Director of that particular department. The revised ordinance also 41 removes the Senior Center as an option for an alcohol rental. For clarification, this ordinance does not affect 42 the Woman's Building, which is leased from the City and not considered a City building. 43 44 MOTION: Mike made a motion to make a recommendation to City Council to approve the revised 45 ordinance allowing for the changes to amend Section 22-32 of Chapter 22 (Parks and Recreation) of the 46 Code of Ordinances of the City of Denton, Texas, relating to possession and consumption of alcoholic 47 beverages in the parks. Jennifer seconded the motion and it passed with a vote of 4-0. 48 49 b) Cemetery Ordinance Revision -Two ordinances amending Chapter 25 of the Code of Ordinances of the 50 City of Denton, Texas are being presented to the City Council for their approval. The first ordinance will 51 address fees for burial plots in newly opened Section Z at I.O.O.F. Cemetery and will also attach a late fee 52 for failure to obtain a permit prior to burial or erecting a monument or tombstone at both cemeteries. The 1 second ordinance addresses changes to codes, particularly those pertaining to the placement of objects in 2 the cemetery, including floral designs and greenery and the removal of such. 3 4 MOTION: Emerson asked for a motion recommending to City Council the approval of the ordinance 5 amending Chapter 25 of the Code of Ordinances of the City of Denton, Texas relating to the fees for new burial 6 plots and the late fee for permits. Jennifer made a motion to make the recommendation; Carol seconded the 7 motion and it passed with a vote of 4-0. 8 9 Emerson then asked that a motion be made recommending to City Council the approval of the ordinance 10 amending Chapter 25 of the Code of Ordinances of the City of Denton, Texas relating to the provisions for 11 grave markers and floral arrangements, and other items as outlined. Carol made a motion to recommend the 12 changes be accepted; Mike seconded the motion and it passed with a vote of 4-0. 13 14 c) Chapter 26 Review: Carl Gene Young Sr. and Woodrow Lane Parks Pecan Creek Sanitary Sewer 15 Interceptor I Line Easement -This sanitary sewer line will actually replace an existing line. Work should 16 be done in 60 days from start and should not disrupt use of the park areas during that time. The end result will 17 be well below the surface, as it now is, and will not interfere with use of the park. Any part of the park that is 18 displaced will be returned to the condition in which it was found. 19 20 MOTION: Jennifer made a motion to recommend to City Council the approval of the ordinance granting 21 approval of asub-surface use of a portion of Carl Gene Young, Sr, and Woodrow Lane Parks for the 22 purpose of a utility easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code, 23 providing for a utility easement. Mike seconded the motion and it passed with a vote of 4-0 24 25 d) Public Art for City Hall East -The Public Art Committee recommends the purchase of two black and 26 white photographs by Carlotta Corpron, an artist with local ties. The cost of each 14 x 11 photograph is 27 $3,500. The remainder of a trust account with approximately $6,000 for the remodel of the Denton Municipal 28 Complex, which is now City Hall East, will be used to help purchase the photographs; the balance will come 29 from 2010 Public Art Hot Funds. 30 31 MOTION: Carol made a motion to recommend to City Council the approval of the Public Art Committee's 32 recommendation for public art in City Hall East, namely, the purchase of Carlotta Corpron's photographs; 3 3 Jennifer seconded the motion and it passed with a vote of 4-0. 34 3 5 e) Donation of Public Art by Bert and Missy Finger -The Public Art Committee recommends the 36 acceptance of donations of public art by Bert and Missy Finger. The Fingers have offered to donate two 10 x 37 8 black and white photographs from their gallery by artists Barbara maples and Ida Lansky, who have ties to 3 8 Carlotta Corpron. The Fingers own Photographs Please Don't Bend Gallery, from which we are purchasing 39 Ms. Corpron's photographs. The donated photographs are valued at $2,800 each. 40 41 MOTION: Mike made a motion to recommend to City Council the approval of the Public Art Committee's 42 recommendation to accept the donation of public art by Bert and Missy Finger; Carol seconded the motion and 43 it passed with a vote of 4-0. 44 45 g) Denton Festival Foundation, Inc.'s Donation of Oh Be Joyful Sculptures -The Public Art Committee 46 recommends the acceptance of the donation of the sculptures from the Denton Festival Foundation, Inc. The 47 sculptures, by Rosie Sandifer, of two young girls with their hands lifted upward will be placed in the garden 48 area of Quakertown Park. The sculpture Book a Day by the same artist was recently purchased for the South 49 Branch Library. 50 51 MOTION: Carol made a motion to recommend to City Council the approval the Public Art Committee's 52 recommendation to accept the donation of public art from the Denton Festival Foundation, Inc. of the Oh Be 53 Joyful sculptures by Rosie Sandifer; Mike seconded the motion and it passed with a vote of 4-0. 54 1 DISCUSSION ITEMS: 2 a) Nominations for Chairperson and Vice Chairperson for the Parks, Recreation and Beautification 3 Board - As several new board members were missing at this meeting, this item will be deferred to the 4 next meeting of this Board. 5 6 Before moving on to the Parks Project Status Report, Emerson asked the Parks and Recreation Department 7 attendees to introduce themselves. 8 9 PARKS PROJECT STATUS REPORT 10 Avondale Park Lighting and Landscape Improvements -The poles are up but the cost of the lights 11 warranted they go out to bid. 12 13 Denton Branch Rail Trail Bridges Project -This project will have a separate bridge which is not part of the 14 commuter bridge that will go over Loop 288. 15 16 Neighborhood Park Design: Preserve @ Pecan Creek, Owsley Park and Wheeler Ridge -Neighborhood 17 meetings will take place to gather citizen input. 18 19 North Lakes Adult Soccer Field Development Project -Jacobs Engineering Group is designing this project. 20 21 Senior Center Renovation and Expansion Project -The Senior Center operations have moved into the new 22 addition. They are now going through asbestos abatement in the main part of the building. The project is now 23 on schedule. 24 25 Unicorn Lake Trail and Landscape Project -The bridge is set, the trail is finished; the landscaping needs to 26 be completed. 27 28 KEEP DENTON BEAUTIFUL UPDATE 29 Aimee explained that KDB is a 501 c3 non-profit organization. The City of Denton pays the salaries of the three 30 employees; the remainder is under the control of the non-profit though the Board of Directors. 31 3 2 An offer had been made to fill the vacant Volunteer Coordinator position. 33 34 Their next events will be the Steam Clean on October 3rd at the Civic Center and the Tree GiveAway on October 3 5 24th. This year the Tree GiveAway will be 100% pre-registration. 36 3 7 They are working on a new Strategic Plan, as their current one ends this year. 38 39 PUBLIC ART COMMITTEE MEETING MINUTES 40 The majority of items were Action Items, so no additional comments were expressed. 41 42 With no further business on the agenda, Carol made a motion to adjourn, Jennifer seconded the motion 43 and the meeting was adjourned at 7:23 p.m. A~~YDA INF~VIAT"~~N HET AEI~DA DATE: October b, ~~~9 DPAT~VIE~VT"; Legal Department ~VI1D~M~A Anita burgess, qty Attorney , UBJET: consider adoption of an ordnance of the pity of Denton, Texas approving an lnter~ocal cooperatlv~. agreement granting easement to the Denton ount Trans ortatlon ~ ~ Authority ~DTA~ on the De~aton Branch ~a~l Trai1 far the purpase of building a public ~~n'in~luter rail BAI~I~~~JI~~: The Denton bounty Transportation Authority ~DTA} has requested the use of Denton Parks and recreation property far the purpose of providing public passenger rail transportatxonseroices 1n Denton bounty. ~~T~~N: Approve, deny, or table the action. RE~IVIENDAT~~~: staff recommends an update 1n executive sessron. Respectfully submitted, -w Anita Burgess, pity Attorney ~:10ur Dacumentslis~e~~aneo~s1Q91I ~~G~9 AIS DCTA.d~c This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT - 509-0006 (Rayzor Gas Wells): Consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit to allow gas well drilling and production on property located within the Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU). The approximately three (3) acre site is located on the west side of Bonnie Brae Street, north of Scripture Street; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (509-0006) The Planning and Zoning Commission recommends approval of this request (4-0). BACKGROUND The site plan submitted by the applicant (Range Production Company) shows one access to the site which aligns with the future location of Panhandle Street. According to the applicant, the proposed access will be utilized temporarily until the portion of Panhandle Street which abuts the northern portion of the site is constructed. In accordance with Subsections 35.5.2.2 and 35.22.3 of the Denton Development Code (DDC), gas wells are permitted with an SUP within the NRMU zoning district. The Rayzor Ranch Town Center Overlay District (Ordinance No. 2008-284) also requires an SUP for gas well drilling and production within the Town Center portion of the district. Per Subsection 3 5.6.4 of the DDC, an SUP maybe granted if the proposed use conforms (or can be made to conform through the use of conditions) to the standards established in the NRMU zoning district. The Planning Division sent certified notices of the public hearing to five (5) property owners within 200 feet, and twenty two (22) courtesy notices to residents within 500 feet of the subject property. As of this writing, staff received two (2) responses from property owners within 200 feet of the subj ect property in favor of the request. Public notification information is provided in Exhibit 5. PRIOR ACTION/REVIEW On November 4, 2008, the City Council adopted Ordinance No. 2008-284 amending the development standards for the Rayzor Ranch Overlay District. One of the amendments retained the requirement that allowed gas well drilling and production subject to the approval of a Specific Use Permit. June 17, 2009 Planning and Zoning Commission recommended approval of this Specific Use Permit subj ect to conditions. This item was tabled from the September 15, 2009 City Council meeting. On September 25, 2009, the Development Review Committee (DRC) recommended five new conditions of approval in addition to the ten that were previously recommended. The new conditions were added after reviewing the Noise Management Plan and Study submitted by the applicant. The additional conditions are listed as Conditions No. 11 through 14 below. Condition No. 6 below was also modified by the DRC to reflect the information provided in the Noise Management Study. The Noise Management Plan and Study are attached as Exhibits 14 and 15. OPTIONS 1. Approve as submitted. 2. Approve subj ect to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this Specific Use Permit subject to the following conditions: 1. The approval of this Specific Use Permit shall not grant any waiver to the overlay conditions approved with Ordinance No. 2008-284. 2. The applicant shall install a screening fence along the northern, southern and western boundaries of the site and a type `D' buffer on the portion of the site along Bonnie Brae Road. 3. The screening fence and type `D' buffer, as conditioned, shall be constructed within 30 days after drilling operations are complete or planted during the first dormant season after drilling, if approved by the City Landscape Administrator. 4. If screening or landscaping is damaged or removed during fracturing or refracturing operations, the operator of the gas well shall be responsible for replacing the damaged or removed portions of the landscaping. 5. The site plan as submitted and shown in Exhibit 6 shall guide the development of gas wells on the subject site. 6. Prior to the issuance of a gas well permit and the commencement of operations, the operator shall submit a noise management plan to the Development Review Committee for review and approval, detailing how the equipment used in the drilling, completion, transportation, or production of the wells complies with the maximum permissible ambient noise levels. The maximum permissible ambient noise level shall not exceed seventy nine (79~ decibels as measured three hundred (300) feet from the boundary of the drill site. (DRC modified) 7. Prior to the issuance of a gas well permit, the operator shall be responsible for establishing and reporting to the City a continuous seventy-two (72) hour pre-drilling ambient noise level. The seventy-two (72) hour study shall include at least one twenty- four hour reading during a Saturday or Sunday. The operator shall use the prior established ambient noise level for the installation of any new noise generation equipment unless the operator can demonstrate that the increase in the ambient noise level is not associated with drilling and production activities located either on or off site. 8. The sound level meter used in conducting noise evaluations shall meet the American National Standard Institute's standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. 9. A citation may be immediately issued to the operator or his agent for failure to comply with these conditions. However, if the operator is in compliance with the approved noise management plan, and a violation still occurs, the operator will be given twenty-four (24) hours from notice of non-compliance to correct the violation from an identified source before a citation is issued. Additional extensions of the twenty-four (24) hour period may be granted in the event that the source of the violations cannot be indentified after reasonable diligence by the operator. 10. The operator of the gas well shall instruct and ensure that employees involved in the operation of the gas wells park vehicles on-site only. Development Review Committee Added New Conditions of Approval: 11. Prior to drilling of gas wells, a sound barrier shall be installed along the perimeter of the 3-acre site. This sound barrier shall be a minimum of 14 feet high. 12. The operator of the gas wells shall monitor the site daily to ensure that noise levels do not exceed seventy nine (79) decibels as measured three hundred (300) feet from the boundary of the drill site. 13. The operator of the gas wells shall install an automated monitoring system which allows the wells and noise levels to be monitored from a remote site away from the 3-acre site and the surrounding residential neighborhoods. 14. Drilling, fracturing of all the five gas wells shall be completed within two (2) years from the date actual drilling is commenced on the first gas well. 15. Gas well operations shall incorporate the best practices recommended in the letter dated July 8, 2009 and attached hereto as Exhibit 15. 16. Violation of any of the above conditions shall be cause for revocation of this Specific Use Permit, pursuant to Section 35.6.6 of the Development Code. The Development Review Committee recommends approval of this Specific Use Permit contingent upon the above 15 conditions. EXHIBITS 1. Staff Analysis 2. Location Map 3. Existing Zoning Map 4. Future Land Use Map 5. Notification Information 6. Proposed Site Plan 7. Rayzor Ranch Overlay District Concept Plan 8. Rayzor Ranch Overlay District Master Site Plan 9. Site Photographs lo. Letter from Applicant 11. Letters of Consent from Property Owners 12. June 17, 2009 Planning and Zoning Commission Minutes 13.Ordinance 14. Noise Management Study 15. Noise Management Plan Prepared by: . Nana Appiah, AICP Senior Planner Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development EXHIBIT 1 PLANNING & DEVELOPMENT STAFFAIVALYSIS CASE NO.: 509-0006 DATE TO BE CONSIDERED: October 6, 2009 LOCATION: West side of Bonnie Brae, north of Scripture Street. APPLICANT: Range Production Company 100 Throckmorton, Suite 1200 Forth Worth, TX 76102 OWNER: Allegiance Hillview, L.P 14881 Quorum Drive, Suite 950 Dallas, TX 75254 ZONING DISTRICT: The subj ect property is located within the Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU). COMPREHENSIVE The subject site is located within the Neighborhood Centers future PLAN DESIGNATION: land use designation. SITE AND The site is currently undeveloped. SURROUNDINGS: North: Neighborhood Residential Mixed Use (NRMU), Rayzor Ranch Overlay District- Undeveloped land South: Regional Center Commercial Downtown (RCC-D), Rayzor Ranch Overlay District -Undeveloped Land. East: Neighborhood Residential 3 (NR-3) -City of Denton McKenna Recreation Park/Single family homes. West: Regional Center Commercial Downtown (RCC-D), Rayzor Ranch Overlay District -Undeveloped Land. BACKGROUND The property is located in the NRMU District and the Town Centers INFORMATION: of the Rayzor Ranch Overlay District. As a requirement of the Overlay District and the base zoning, gas well drilling and production are permitted subject to approval of an SUP. ANALYSIS: Comprehensive Plan The subject site is located in the Neighborhood Centers Future Land Analysis: Use designation. Per the Denton Plan, new neighborhoods may develop in traditional patterns. Mixed-use and mixed housing types will be allowed to develop in a pattern of `neighborhood centers' . In addition, Mixed-uses are recommended to be oriented inwardly, focusing on the center of the neighborhood. These neighborhoods will exemplify the interrelationship between quality of development, density, services and provision for adequate facilities. The plan also recommends that areas designated as Neighborhood Centers should contain uses necessary to support the surrounding neighborhood. The uses could include service-oriented retail such as small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at higher densities with townhomes or residential flats located above service oriented uses. This request is for gas well drilling and production on approximately three acres. According to the applicant, the site will be reduced to two acres after drilling operations are complete. The remaining one acre will be reclaimed. According to the concept plan for the Rayzor Town Center Overlay District, single family attached units are proposed to the north and offices to the west and south of the subject site. The development of the site for gas well drilling and production will not impede the general purpose of the Neighborhood Centers. Development The property is located in the Neighborhood Residential Mixed Use Code/Zoning Analysis (NRMU) zoning district. The NRMU district is a subcategory of the Neighborhood Residential Land Use. Per Subsection 35.5.2.1 of the DDC, the purpose of the Neighborhood Residential land use is to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns, and design standards. The property is also located within the Town Center of the Rayzor Ranch Overlay District. Per Subsection 35.7.13.8 of Ordinance Number 2008-284 of the Rayzor Ranch Overlay District, the NRMU regulations shall guide the development of the Town Center as modified by the Rayzor Ranch Overlay District. The property to the north, south and west are undeveloped. Approval of this request, subject to conditions, will not be detrimental to any existing residential development to the east. Per Section 3406 of the City of Denton's Fire Code, any residential development approved after the drilling and production of gas wells on the subject site shall be required to be set back a minimum of 3 00 feet from the wellheads to protect the development from any adverse affects of this request. The properties located to the east of the subject site, across Bonnie Brae Street include the city of Denton's McKenna Park and a single family home. The active recreation area of the park is located approximately four hundred and fifty (450) feet and the single family home is located approximately two hundred and eighty four (284) feet from the proposed wellheads. Per Section 35.22.3.B of the DDC, written consent is required from property owners for the location of gas wellheads within two hundred and fifty (250) feet to five hundred (500) feet of a residential structure. The applicant has provided two signed consent agreement documents from residential structure property owners within 250 to 500 feet of the proposed gas wellhead sites (See Exhibit 11). DEPARTMENT AND The DRC reviewed this request for an SUP and provided relevant AGENCY REVIEW: comments to the applicant. All the DRC comments were addressed by the applicant. FINDINGS: Pursuant to Section 35.6.4.B of the DDC, a specific use permit shall be issued only if all of the following conditions have been met: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; Granting the SUP would not be injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity. The proposed gas well drilling and production is part of the Rayzor Ranch Town Center Overlay District. Currently, the surrounding properties in the immediate Vlclnlty t0 the north, south, and west are undeveloped. The current concept plan for the vicinity of the subject site of the Rayzor Ranch Overlay district shows proposed offices to the south and west and single family residential to the north. Per the City of Denton's Fire Code, any proposed development shall be required to be set back a minimum of 300 feet from the gas wellheads. In addition, the current concept plan for the Rayzor Ranch Overlay designates the subject site for gas well development with an SUP. To the east of the site is the City's McKenna Park and a single family home. According to the applicant waivers have been acquired from property owners located within 500 feet of the gas wellheads. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Granting the SUP would not impede the normal and orderly development of the surrounding undeveloped property. There are proposed developments in the vicinity of the subject site. These development structures shall be required to be set back a minimum of 300 feet from the gas wellheads. In addition, staff is recommending a fence around the subject site with a type `D" buffer along Bonnie Brae. This condition will reduce any negative impact this development may have on the surrounding properties. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; Adequate utilities, access roads, drainage and other necessary supporting facilities have been assessed by the DRC and have been deemed adequate to support this use. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; The proposed gas well development will have one access onto Bonnie Brae Street. The DRC has reviewed the proposed vehicular access to the site and have determined that the proposed driveway to the site has been designed for the safe and convenient movement of vehicular traffic. 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Dust, noise and vibration will occur for a short period during the construction of the driveway, drilling, and completion of the gas wells. However, dust, noise and any vibration associated with the development of the site and drilling of the wells will be limited once the proposed development is completed. In addition, Section 20 of the City's Nuisance Code Ordinance requires dust, noise, and odor control during construction. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and All new lighting will comply with the standards and regulations of Subchapter 13 in the Denton Development Code. This requirement will be met during the gas well plat approval review process. 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The proposed gas well development will meet all landscaping and tree preservation regulations in Section 35.13.7 of the DDC, Tree Preservation and Landscape Requirements Standards as modified by the Overlay District. In addition, staff is recommending a type "D" buffer along Bonnie Brae and a fence around the entire subject site. EXHIBIT 2 Location Map CRESCENT w m LINDEN a w w g J O z a _ O ~ m U), w PANHANDLE J J z Site w m w z SCRIPTURE 000 O i HOUSTON I HOUSTON ALAMO OAK OAK EXHIBIT 3 Existing Zoning Map ,I w J J w m i CRESCENT w m i w 'z NW o LINDEN Q WNW m w J O I F- N R-3 w PANHANDLE J Sate w ¢ I RC('-Q m w z z ' d SCRIPTURE; m J O I HOUSTON HOUSTON ALAMO EXHIBIT 4 Future Land Use Map CRESCENT W X LINDEN } Q LV J Z z O z a _ Neighborhood Center Existing Land UseU PANHANDLE J Site iu - - a I m w z z SCRIPTURE m O HOUSTON HOUSTON ALAMO Existing Land Use OAK OAK EXHIBIT 5 Notification Map LINDEN 208 ft } w 50Q ft r Q P/.N IANDLE - - - SI1E F- w' r z; O. SCRIPTURE c i - - 40UMN Public Notification Date: 6/4/2009 200' Legal Notices* sent via Certified Mail: _ ALAMO 500' Courtesy Notices sent via Regular Mail: Number of responses to 200' Legal Notice ■ In Opposition: ■ In Favor: 2 (71° o) ■ Neutral: 6 4 S i t a a! d d g f !'Al ~il$' i51 i [fit 6~ 5 i ! ig ~ [d6 F~ ~ ph444zbb ~ a A}~~~ S ~ E ~i 'i •.~ee h s $s } Lit ~I444Yipp ~g! d } ei 1~1 ~ F sas s} s kllllila s 9 v ~ ~gd yo ~go~,o~~ao,E a a F~ I ~ ITI ~ .541 L a`@~^`u~~~[}' W ~ "k a ,SL'ZBb ~,~S,BY.ON I Selfg t3g1E;f''y }i}$ gi 8 E3i sei F F it I } P rtEC,$ ~ _ o m P A ~~c fill. ~ ~ EXHIBIT 7 Rayzor Ranch Overlay District Concept Plan 9 _ - - N 1st #jt z - v> T n n DRILL -n Cn Anil ~ y z E'~~1~i N n A ➢ Ca 1 Z1 ~ ~A A m y, m N m p ~ v 4 r 73 'aim ~ N W N 4 N N N +'a ~ ~ T ~ ~ = n lnTlf\ -n Ln T A N s O (n CO T1 7J •Z1 a7 T 7] ~ ~ = N a.7 s ~ N Z b z c 20 v. _ 0 O~ 0 CO T `2 T N .ZJ 7.1 O w R, n z v N a 7> s z m N m i m ~ P~ r z r o to Cn - T CD T ;Ll .ZI A7 (n T C W Cm CD C.R91 .'TI A N z. wa 00 = w0 w0 > 0 . 0 -i ~ 4 10 j Site Na, D[7 0 NO ~4 a7 { i> m CgJ n ~ C) Z{ m m0 z m s - 5GR1CL~L Lat .mr~ w m m a m m m ~y 0 EXHIBIT 8 Rayzor Ranch Overlay District Master Site Plan - - - - - - t I i x C is yam I i I € i .rF SCRI =cT` n c MASTER SITEPLAM Omni lan EXHIBIT 9 Site Photographs ,z m ae Looking north towards subject property k1~~'lfCR'~ i ( I f'ii C~I I~ lill ;r Looking south towards subject property EXHIBIT 10 Letter From Applicant RANGE RESOURCES May 13, 2009 Clty of Menton Planning and Development Department City Hall West' 221 N. Elm Denton, TX 76201 RE: Project Narrative Range Production Company-SUP for Gas Well Development 509-0006 Rayzor Unit. Gas Well Development Plat - GW P09-0001 Range Production Company intends to permit a gas well site on Bonnie Brae Road at Panhandle Street to drill and produce up to five (5) gas wells, as shown on the accompanying plat. This pad site will require 3 acres for drilling activity and will reduce to 2 acres by reclaiming the western 1 acre. This pad site conforms to the surface use agreement with Allegiance and per mineral lease agreements with Rayzor Investments- This acreage has been zoned as RCC-D and waivers have been acquired from every structure (two residences) within 5130' of the wellhead locations. Further, this site was de*nafed forgas well development by Rayzor Overlay District - Ordinance 2008-284, signed by Mayor Burrough 11-34-2008. Range does -affirm that we meet the criteria required for approval of an SUP. Coordination with the surface owner has been made and this pad site is the most-appropriate site for the extraction of the minerals and enjoyment of the mineral right:awners. Our plans also address the followings A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with The Denton Plan and federal, state, or local law. This site was designated for gas well development by Plyzar Overlay District - Ordinance 20083 264, signedbyMayor Burrough 11-14-2008. B. The following conditions have been met: 1_ That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; This site will comply with the Denton Development Gode - Subchapter 22 Gas Well Drilling anti Production. Operations wilt be confined to the lead site and accessed by approved commercial transportation routes. Range Resources Corporation 1QOTWOCkMortimSVeal Smote 1200 FOrFYVwtt,Tex2S76182 Tel. (811)870.2603 F8X(817)810.2318 2. That the establishment of the spec use will not impede the normal and orderly development and improvement of surrounding vacant property; This site will comply with the Denton Development Code - Subchapter 22 Gas Well Drilling and Production. Operations will be confined to the pad site and accessed by approved commercial transportation routes. Plans for the adjacent property were made consfderfng this site as a Gas Well Site. 3. Thatadequate utilities, access roads, drainage and other necessary supporting, facilities have been or will be provided; No additional utilities or support facilities are required The disCU3slon of access road and drainage has been addressed in the application. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; Public parking or pedestrian traffic is neither practical or charac.eristic of a Gas Well site. The driveways have been designed for the safe and convenient movement of vehicular traffic. 5. That adequate nuisance prevention measures have been or will betaken to prevent or control offensive odor, fumes, dust, noise and vibration; This site will comply with the Denton Development Code - Subchapter 22 - Gas We# Drilling and Production - including nuisance prevention measures. For a short, time, this will be a construction site" during the building of location, driffOg and completion of the wells and all necessary nuisance prevention measures will be taken. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and This site will comply with the Denton Development Code Subchapter 22 - Gas Well Drilling and Production - including the impact of lights on neighboring properties. For a short time, this will be a "construction site"and sufficient fighting will be necessaryfo insure the safety of worker. However, that lighting should not impact neighboring properties. 7. That there is suffident landscaping and screening to ensure harmony and compatibility with adjacent property'. This site will comply with the Denton Development Code - Subchapter 22 - Gas Welf Drilling and Production and the specifications of the Rayzor Overlay District. If further information is required, please feel free to contact me at 817-869-4140 (direct office), 972-839-8014 (cell) or via email at mcpatton0rangeresources.cam. Sincerely, Mary Curliss Patton, PE Regulatory Manager EXHIBIT II Letters of Consent from Property Owners ct a 4, t'., r AC R 1. F MENT Gregory P. Rowlett does hereby grant his consent and approval to Range Production C:omp<my Ni ) ,c address is 100 Throcktmorton Street. Suite 1200, Fort Worth, T 76102. purse, rii the drilling and pioduction of oil and gas from the Rayzor ifl -Fl Well and/or the Rw..ror 42-H Well, as shown on the plat attached hereto and made a part hereof. `this consent shall also extend as to any wells drilled can the same surface location as the aforementioned wells. Such consent is required pursuant to the city of Denton Oil and Gas Trilling [Ordinances in the event that any well is located less than 500 feet from a residential structure. APPROVED Tl-Lls' 711W TAY OF February, 2008. Y GREGORY P. R VdLE-171 ACKNOWLEDGMENT STATE OF TEXAS ~ COUNTY OF DENTON § This instrument was acknowledged before me this Lag day of February, 2008, by Gregory P. Rowiert. My Cocnntssion Expires:--J-9 ^ a~ lf~c _ ~rystte of Texas Pr,', iICV ^ PMRA '.i'Ar "V ExPMES uuanmbet 28,.E CONSENT AGREEMENT John D. Cromer and wife, Dena F. Cromer do hereby grant their consent and approval to Range Production Company whose address is 100 Throckmorton Street, Suite 1200, Fort Worthy TX 761 I" , pursuant to the drilling and production of oil and gas from the Rayzor 41-11 Well and/or the Rayzor fit-H Well, as shown on the plat attached hereto and made a part hereof, "ll' , CL); i~. nt shall also extend as to any wells drilled on the same surface location as d air honed wells. Such consent is required pursuant to the City of Denton Oil and Gras Drilling Ordinances in the event that any well is located less than. 500 feet from a residential structure. APPROVl V) THIS DAY OF April, 2008. 77- I111 Dl . 3MER A F. MFR ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me this day of April, 2008, by John D. Cromer and wife, Dena F. Cramer. My Commission Expr es: +1W D10 Notary Public, tate of Texas DANA TAYLOR OMM,!SWN EXPIRES NowrrW 2d, 2906 ~s ~ CHAIRMAN I~IAT>CIN l~ext item on the public ~ obtain waivers from residential structures that are 2 hearing would be 5B. ~peci~c Use Permit far gas well ~ within ~5~ feet and 50U feet. So the radius that ve see 3 dulling end production: ~ here is ~ 5~-foot fadius. And as we can see on this ~ MR, APPrAI*l: Goad evening, members of the ~ map, there ere too residential structures that bre 5 planning and honing Carnrnission, For the record, Nana 5 within the ~~~-foot radius. And the applicant has ~ Appiah with the Planning f~epartment, ~ obtained waivers from these residential structure ~ The case before you tonight is a pecitlc ~ owners. And it was in your backup, as well. ~ Use Permit to allow for the dolling and production of ~ ~ This t"s a picture Chet was taken dung ~ gas wells within the l~ayzor Ranch Overlay District. 9 staffs site visit. This is looking north to the site. zo This is the location map showing the site. The site is This is looking, again, northwest to the site. This is 1~ actually located north of scripture, west of Bonnie ti looking south, And as you can see, this is Bonnie Brae. Brae, and south of Panhandle, as we can see here on the .This is looking south, again= Into further south is the ~s location map. is Presbyterian i•Ivspital. Again, this is looking east. ~4 The coning designation vn the propert~r is And right across the street is the City of Dentan~s Neighborhood Residential Mixed use and Raynor Ranch 1vlcKenna Park. iG Overlay Distr7ct. And,.actually, I have the zoning This is the notifications that were Sent 1~ designauon as it takes on this zoning map. I don't out. 47~ mailers were sent to property owners within ~S know how it just went off. But the rid outline is ~s 20U feet. And out of these 40U, one was Rayzar prapertY Neighborhood Residential Mined-use. And that's a base owners and one was the City of Denman. One was the ~D zoning. And it's also within the Raynor Ranch Overlay City. And then mailers were also sent out to ~1 District. The future land use designation is 21 property owners within 50U feet. And two letters in ~2 Neighborhood Centers. favor of the project were received. And these two This is the Raynor Ranch Overlay District. z3 letters that were received in favor is also the two i 2~ Aar as you can see, this 15 the location ~f the subject ~4 waivers that were obtained from those property owners, ~5 property that is before you tonight. And this Overlay Based on the cuteria in Subchapter 35.6, i 74 7~ District that allowed for the drilling and production of ~ which is the criteria for the Specific Use Permit, which 2 gas wells within the site or on this site was approved ~ the applicant rnet all the criteria of the Denton ~ avith X008-~8~. 3 l)eveiapmenf Code, the Rayzar Ranch I3rreriay District, and ~ And as we can see on this overlay concept ~ the Denton Plan. The Development Review Committee ~ plan, to the north of the subject site is --the s recommends approval subject to the fallowing conditions. s applicant of R~ayzor Ranch Development is proposing a ~ And I will go ahead and read the condi~ons for the ~ single-family attached and detached units to the north. 7 record. s And into the west is the proposed ofhces. And the same ~ Condition No, The approval of this ~ offices is being proposed the south. This is the ~ Specific Use Perrrrit shall eat grant any waiver to the ~o master plan for hand, And as we can reef this is the ~a overlay conditions approved with ordinance No. X008-~8~. ~1 location of the site, And this site is our only ti 2: The applicant shall install a screening proposed development as of now, 1~ fence on the entire site and a type D buffer on the f~ This is a site plan that was submitted by 13 portion of the property slang Bonnie Brae. This is a the applicant showing the wellheads and the access or i~ condition. The site plan currently does not show this f~ entrance to the site, The applicant ar the site type D buffer. This will be corrected before it goes to 16 plan, as seen here, shows one access tv the site, which Council. 1~ is going to be on Panhandle, This portion of Panhandle 3: The screening fence and type D, as is currently not constructed. But the applicant will 18 conditioned, shall be constructed within 30 days of time use that site temporarily. And this is the site 1~ drilling opera~ons are complete or during the first ~o location of the ~rellheads. ~o dormant season after drilling if approved by the City ~1 This isf again, another site plan. And the 21 Landscape Administrator. 2~ purpose for showing this site plan is there is a 4: If screening or landscaping is damaged 2~ 5U0-foot radius to the subject site. And the reason why 23 or removed during fracturing operations the appraisal 24 we're shaving this is because the Denton Development of the gas well shall be responsible for replacing the Plan requires the applicant of any proposed gas well to damage or removed portions of thelandscaping, . pi a~~~nin a~n ~nr~~i,,r c~~ss~o~ Jl1NE ~7. ~~~9 Pq~ 7~ t0 7~ ~f 11 ~  ..r:..... :<r... . ~v:....:... ~ The site plan, as submitted and shown ~ sa that we can drill the first uvell and prove it up. ~ in Exhibit 6, shall guide the developrne~rt ol: gas wells ~ Because all of it hinges on testing the first r+~ell, And 3 on the subject site, 3 Range is ready to drill and test that well as saran as ~ Thank you. And now it's time for ~ passible. ~Ne have a lease deadline and we`re trying to ~ questions, 5 meet that, ~ CHAIRMAN 1NATKINS: Mr. Cunningham? 6 COMMTSSIONER TFTOMAS: okay. Say that 7 MR. CUNNINCHAM: Just for a point of 7 you're able to drill in ~ZB days ~ clarification. If you would back up to the notification 8 MS. PATTON: T#~at's going to be too late, 9 map, please. luring your presentatFon you said that 4B~ 9 COMMISSTONER THOMAS; No. loo. T'm io notices were mailed. f~ thinking far out as a worst case scenario, actually. ~ MR. APPIAH: Yes. li But and you are. successful, You do find some good MR. CUNNINGHAM: Is that actually 44~ or pay. You ~Cnaw, how fang do you think it would take to 13 four? ~3 get t~1is thing out of being shut-in and having pipeline 14 MR. APPIAH: Oh, four. capacity, MR. CtINNTN~HAM: okay, 15 MS. PATTON; 1Nell, it's up to the third MR. APPIAH: I'm sorry. Four mailers were ~G party to put the pipeline in. ~7 sent out to four property owners, f.9 COMMISSIONER THOMAS: Fight. $ecdu~e ~,g MR, CUNI~INGHAM: Okay. Thank youF they're pipeline companies are separate from you. i9 CHAIRMAN IfYATI~INS: Is the person here that ~9 M5. PATTQN; Right, And, you know, neither wants to do the drilling? ~o the third party or Range is willing to start paying far x~ MR, APPIAH: Yes, The applicant is here. 21 right-af~way until we grave up this well. But nay best ~2 CHAIRMAN WATICII`IS: Okay. estimate would be six months. MS, PATTON: Oood evening. Mary Patton 2~ COMMISSIONER THOMAS: Okay. 7~ with Range Production Company. I`rrx the regulatory ~4 I~+1. PATTON: And I wanted to add to that z~ manager and a professional engineer if you have ~5 that our lease has a continuous operations clause. Sa, 8B ~ technical questions. ~ you know, we`dhave ~ make a decision pretty quickly. ~ CHATRMAN WATKINS: Okay, Jay? ~ COMMISSIONER THOMAS: Sur+~e. INel1, I mean, ~ C~3MMISSTONER THOMAS: Yes, ma'arrr. This is 3 yeah. But your can pay shr~~ in royalties ar~d cvn~nue ~ pretty soon to be a pretty highly-developed site. My ~ vn. ~ question and I think everybody's in support of the ~ MS. PATTOH: Well, T mean, shut-in 6 fact that we're able to drill and capture, you Know, G royalties doesn't make us any money. 7 some very clean gas. I mean lo~v sulphur y- hardly any 7 COI~MTSSIDNER THOMAS: Na. But 8 sulphur content ar if any from what I'm understanding. ~ I++IS, .PATTON: We would either be ~ And, you knave, we all need it right now. 9 COMMISSIONER TIiOMA: they da continue ~p But to say that, gas wells and ail wells, iD your lease, 11 vbviauiy, have some di~ere technical aspecFs. And ~.i ~+IS. PATTQN: Illlell, we would probably want ~z what how soon are we talking about a pipeline coming 1~ to continue the lease with operations, ~3 in if you are successful an the site? 1Nhich, you know, ~3 COMMISSIONEf~ THOMAS; Sure. i~ hopefully you are, M5, PATTON; Not with shut-in royalties. 15 MS. PATTON: 1IVe11, that would be the only ~5 COMMTST~NER THOMAS: Absolutely. I agree. 16 factor that would be delaying the pipeline would be a 16 I'm just saying with shut-in royalty douse in any oil 17 suessful test of the First well. f.7 or gas lease, you're continuing the lease because, ~8 COMMISSIONER THOI'~AS: Well, but, T mean, 18 again, you're not --you're not in charge of the i9 pipeline construction is not a quick and speedy thing, ~9 pipeline, I'm just wondering how long do you figure that you'll be 2Q M, PATTON: 1Nell, I'll just say that Z1 shutRin? And, you knave, pipeline construction 21 that's because all the ocher construction in that area thane 22 COMMISSIONER THOMAS: 1Ne're kind of going 2~ two conflict very easily. 23 around the troe. ~4 MS, PATTON: Well, that's why It is 24 MS, PATTON: not Range's process. ~5 critical that we get this permit as quickly as possible ~5 COMMISSIONER THOMAS; I know. ~i ~N~~~c ANE} ZDN~N~ CDf~~1iSi~N ,iUN~ ~na~ Page ~7 to 80 of ~ ~ ~  i M~. PATTOhI; I mean, our process to hold ! CHAIRIAI►i WATKYhiS; Do yap, have the drilling ~ leases is to continue operations. Nat to pay I mean, ~ rights tar the site behind Alberfison's? 3 we rarely pay in pay the shut-in royalty. M~. PATT'ON: Under Albertson's or ~ CO~MMISSICN~R THOMAS: Yvu lose money paying 4 CHAIRMAN WAT~NS: Behind Albe~tson's to 5 shut-in royalties, I understand. 5 ~e south of Albertson's G MS. PATTCN: So vie would be pushing hard 6 l+~S. PATT~N: Yes. 7 CQMMISSIDN~R THOMAS; That°s not my point. i CHAIRMAN WATI~INS: to the west of Denton 8 MS. PATTON: fvr sales. And S electric, 9 CDMMISIONER THI~MAS: Am ~ being vague? 9 MS. PAT~O~i: The way ~ understand it, we 10 MS. PATTDN: Na, You're not. Not at all. 1~ #~aue eve weir permitted. And we they da cover all ti I mean, you understand that it's 11 of that acreage, There are a couple of blocks to the i~ CQMI~IISIONBR TF~~MA I understand. 1~ east, and I believe Alhertson's is one of them that ~3 MS. PATTOI~: out of our control. Dut we ~.3 we're trying to secure lease on. But we don't need it 14~ would stark pressuring the third party to put the 14 in order to drill the five wells. 15 pipeline in because that means revenue far us. And 15 CHAIRMAN WATl~NS; Okay. Any other i6 paying shut-in royalties is not revenue. ~G questions? Okay. Thank you, ~„f CE}MMIS~~N~R THOMAS. Right. 19 MS. PATTUN. okay, ThaniC y0u• 1~ MS. PATTON: ~o it you know, it weuid be 18 CHAIRMAN WATKINS; okay. I'll open the f~ -i Range's intention ~ do everything that we could to 19 public hearing. ~ 4avid Williams. Have a card frorr~ 20 start sales. Not to be paying shut~in royalties. 2~ David. ~1 COMMISSIDNI=R THOlwIAS; Yeah. You don`t make ~i fi+lR. WII_L.IAMS: Hello. My name is David ~x any money if it's not going down the pipelines, ~2 Williams. I live at 8~9 Manley Street. I'm within 504 2~ MS. PATTON: The other thing we don't want ~3 feet of this proposed gas well site. ~4 to do is pay for down~r~e on rigs, And so if we enter ~ okay. I want to Know if there's coy past ~S into along-term contract with the drilling right, we ~5 precedents or denying drilling in Denton City or County. ~8~ 1 want it working. So the only thing I can tell you is t I'm sorry. I'm going to have to go through this fast, ~ that if we have a good well there, we want sales as soon ~ ladies and gentlemen gentlemen. 3 as possibfe. 3 Toxic gas n~leases. That's a t~ errrer~do~rs 4 COMMISSIONI*R THOMAS; But you feel like ~e ~ liability. dire potentials, harmful gas or liquid 5 pipeline company would be able to get on it relatively ~ releases to the ground water supplies to our drinking 6 quick so that it could Ue done ar~d it doesn't slow down G water, ground water contamination, noise. T any potential development on that sate? 7 I'd like to request a sound study of 8 lul5. PATTON: It's ort the drawing hoard, B four~hour intervals. 'Week day and week night, day and 9 They understand that it we have production there that we 9 night, week days and weekends, day and night. And ask ~D have several wails planned. And so they know there's is them to not exceed the exiting noise that's in this 11 commitment And they're just waiting for the first 11 area It's a resideni~al area, 12 sign. 5a I don`t anticipate that there will be a delay 12 Company record. Is there any are there 13 cn the pipelines part. I mean 1~ any unresolved complaints with the BB Better Business 14 COMiwtIS~QI~ER THOMAS: okay. 1~ Bureau, Chaml,~er of Commerce, Railroad Commission, or any 1~ IwlS. PATfpi~: they're dust like us. 1~ others with this pa~cular company? The company safety 16 Their opportunities are getting limited with paces now. 1~ record, company employee training records. Who's going tT And so if Lange camel to them with a project that's i1' to be monitoring these wells? You know what happens 18 going to ~8 when they frock? They use high pressure, right? And ~,g COM1~I55IOI~R THOMAS: Yeah. If you have a 19 that frock l~uid gets back this ha~ardaus liquid. ~ viable wail., they're going to want to service it. ~0 That's not just salt water. ~1 MS. PAT~'ON: Right. Then they'll be ready 21 liability potential. We've had eve x~ to lay pipeline. ~2 earthquakes in Ciebume in the last 12 rr~anths. Hasn't ~3 COMMI~SIDN~R THO{~AS: It still takes time. 23 been pro►ren either way yet what it's coming tram, but ~4 MS. PATTDN: YeS. ~ what da you think? COMM~S~ON~R TH4MA: Okay, Thanks ~5 Property value decreases, potential n~ nuu~~~r~ e~un ~nuE~r~ ~n~u~~~~n~ .i1~N~ 1?'. 20Q~ ~ ~ ~  f LI71t94111~7!'{F~CJ Lvl~rl~v VVM■,■■n-,P MM I• - ~ fatalities. Who's goif~g to pay for this? If the City ~ Because as soon as they hit that first well, they'll ~ is getting ar~y kind of royalties off of this` you ray be ~ move it down, drill another one Five wells. ~ opening yourselves up to potential liability, If you 3 CHAIRMAN WATiCINS: Five vwrells. ~ pass a zoning, if it were not for passing that zoning MR. ~ANGFQRD; Maybe, perhaps, they will go 5 and sarnething bad happens, you may open yourselves up to ~ book to the quarter-mile north where they're already ~ a mvr~etary liability. Think about that. ~ approved to drill on Bonnie Brae site and drill five ~ If it's sa safe, why don't we put one or ~0 ~ more. And we can have stereo in our house, About three 8 in the middle of the Raynor Ranch? The middle of it ar s years ago they were dulling behind Selwyn Schaal. And 9 by next to 35 Noah, in all the City parks, next to each 9 we could hear it inside our house day and night, The ~o and every one of your houses na disrespect intended io lights fr~otri those towers if you drive down 351, it ~,1 City Council members houses and maybe the mayor's looks like Christmas all night Ipng. That will be t~ house. ~z directly across the street from us. Who has the mineral right`s? Is it the City Df course you had the v~a~ver from the two of Denton? Denton County Raynor Ranch? If we're praperkies. They're both awned by out-of-town owners. 15 benehtting, we're going to increase our liability risk It's real houses, Write me a check, I`ll approve here And I don't think the banning ar~d Zoning and iG anything. I don't live there. There's a problem with . City Council can obligate the citizens of Denton to this 1~ the system when you can't have a public hearing for this is liability; however, each member may be civilly liable if ~.S amount of noise, this amount of light, and this amount 1~ they allow this. dust bringing this up~ And at the of pollution. Because they have to put that v~ater off 20 very least, I'd ask that you table this zoning request z0 somewhere. I've seen the pits they've dug around town zt anti! al! of these issues are answered, eisewhere~ CHAIRMAN WATiCIN: Have any questions? If they're in such a hurry` perhaps they 23 MR.INTLLIAMS; Sorry. T had to try to get 23 need to slow dawn and have a public hearing` and explain it out quick. to us ~rhat's going an in the neighborhood. Explain why ~5 CHATR~1Ahl VIIATKIN Thank you. Scott they're in such a hurry, And at the end. of that ~~ve g~ 88 ~ Langford. x wells, what's it going to look like? Why they're going 2 MR, tANGFORD: Evening. Scott Langford, I ~ to need soundproofing around their purrtping station 3 live at B~.U Sin#ey, which I don't ~Cnaw hoer to get 3 they`re going to put there for those bve wells, The ~ that up. Anyway there I go. The little blaok square 4 soundproofing they build around it will be at a lower 5 that David lives, ga across the street and back to the s level than our house is because it's a downhill slope, e north, that's me. ~'m about 54~ feet away from this, G That means all the noise will came right back to us. ~ 1Ne've recently been up with the ~ I'm not looking forward to the next S neighborhood before planning and Zoning for the S six months of ~4~hour-a-day, seven-day-a-week noise and 9 development of the corner proper`ty.there at Bonnie Brae 9 light in my house, It could save me on utility bills ~v and Panhandle. Been up twice, as a matter of fact, The ~D because I can probably just turn all my lights off and people that came in on that one promised to be goad open soy blinds, and I won't ever have to turn a light 12 neighbors. We had public hearings on that. Now we have i~ on. an 8,gD~-square-fast building. going in, whioh I can live ~3 I have been close to --around these with. I wish they would mow their grass now that things. They are noisy, They are dirky. The only 1~ they've got permission to da it because it's about is other thing I would ask is the site reap that I see, I'm four-a~half feet high, So I know how good neighbors go cancemed about the parking for their employees. That's ~7 with developers. a dirt read going in there, 1Nhen it rains, which it 18 Serious concerns mainly with this I uvill, T'rrt afraid the employees are all going to park an realize from talking to the developrr~er~t people, State of Panhandle and on my street. I would like a restriction ~o Texas oversees a lot of this. But I listened to the av that they don't park in any residential neighborhood ~s previous development having public hearings and so while they're working on this. That they're responsible ~2 farth~ Hadn't been word going through the neighborhood xx far providing parking off that. ~3 about this. Gas Weil is difFerent from a house, from an ~3 ~Ut I'd also like for It to be tabled for a office building. A gas well will have noise ~4 hours a couple of weeks. They can Dandle that because Baylor ~5 day, seven days a week, probably four of the six months. Ranch is not tu~►ed dirt in quite awhile except tv build n~~~~~~ Aga z~~~~~ co~~iss~a~ ~u~~ 2co~ ~ PaQe 8~ to 8~ of ~ ~ ~  i gg 91 ~ a concrete giant, Have a public hearing, and explain to f wells then tl►e wellheads have to beat least feet ~ the r~eigl~borhood ~-more than 2g0 feet away what ~ with a waiver from those residential structure owners. ~ we're getting into, I Know, I've seen them. I've 3 COMMISSIONER RYAN; okay. 4 heard them Thank you. 4 COMMISIOI~ER KING; Has the Nar1a, has ~ CHAIRMAN 1~iATKIN~: Thank yau. That's the ~ the have you talked to the applicant about parking? G total cards that I have, But is there anyone else that ~ Have y'all made arrangements for parking on the property 7 washes to speak for or against this item? This is the ~ versus an the public streets ~ public hearing, Is there anyone else that would llke to 8 M. PATTON; Yt's our understanding that 9 speak for ar against this item? ~ all City -.there would be no parking an City All right, I'll close the public hearing. ~0 residential struts. Our operations are all parking Discussion? Yes, Commissioner Ryan? would be 12 COMMIIONER RYAN: In the backup it refers CDMMY~IONER KING. I apobgize, I can't ~ to a residents being 23B feet, is that the are we ~3 bear yau Pram there. i4 talking property line to the site line? Are we talking ~4 i~+l~, PATTON; Our operations would req~rire 3~ from the gas well to the structure? ~5 #hat no parking would be anywhere except on the pad ~ 16 MR. API~IAH; It's property line to property i~ site, The initial pad site is going to be three acres. I ~.7 line. Not the wellheads. 17 COMMI55IONER ICING: Uh~huh, 18 COMMISSIONER RYAN: Okay, I~hat is da we i~ M~. iaA1TQN: And then after the pad site is i,9 know what the distance is from the wellheads to that i9 reclaimed after tl7e wells are drilled, it'll be I 20 residents' 2Q reclaimed down to two acres. And that will be all ~ MR. AI~PIAH: This is the information that Zt that's necessary far traffic to the well site. we had from the applicant in the --the radius is C4MMISSIOiVER KING; Okay. ~3 SOg-foot radi~,~. So I also measured and it was aver MS. I~ATTON; 5a we don't allow arty of our ~ 250 feet because the gas well plat is not going to be 24 contractors to park anywhere .except on the well site. 25 approved if there is any residential structure within 25 COMMISSIONER KING: Okay. gp 9~ 1 25D feet. ~o this the 250 feet that you see in the ~ M. FATTON; And we ~rnderstand all City z staff report is property boundary to properk~r boundary, ~ you know, every City that we work ire that there's na 3 And T rneasu+~d that with GIs, which ~s not a ~'ea! parlclrig outside. 4 survey. I~hat we have here 'from the applicant is 4 COMMISSIONER KING: okay. All right. 5 supposed to be the real survey. Them again, it was Thank you. ~ from property boundary to boundary. Not the wellheads ~ M. ~ATTON: Okay. 7 to the residential structure. 7 CHAIRMAN vi~ATKINS: Before yQU before yau ~ COMMISSIONER RYAN Okay. So we don't have 8 leave, I have a question. This has been an the plan 9 an actual distance known between that VUe just have 9 since the orrgir~al Raynor Ranch 10 MR. ApP~4H: Yeah, 1Ne don't have that. 10 MS, PATTON: Yes sir, And that's one ❑f the requirements. They're not going CHATRMAN VIIATKINS: And that's tin a couple to be able to drill if there's any residential structure ~2 of years going by arrd all of a sudden we need to drib. ~3 within DSO feet. !3 And I certainly am in agreement with the state law that ~.4 COMI~SSIONER RYAN: All right. And they 14 a person aught to be able to retrieve their minerals 15 from w#~at I read they can't build a residential within f.5 under their property, But when you look at the location 16 30D feet? i6 map, the site came right up to the houses and the 17 MR, ARI~IAH: 1Nell, the 3Q0 feet 17 people. And we're talking l`IVe wells, ~.S COMMISSIONER RYAN: So they can get closer 18 I have no problem with yau extracting the ~ to are existing house than what they can build a new t9 gas, oil, or whatever undernea~. And I realise you're 7A house? xv going to have to have a pipeline to take it out. It may 21 MR. API~IAH; These are the two ~i not be you, but it will be someone else, but I don't requirements. If the gas wells are existing before any understand with all the longhorns and with all the ~3 proposed development and that development has to beset 23 bushes out therein 4~.a ages the puce to drib i ~4 back a minimum of ~D4 feetr however, i# there is a 24 right up there by the park by the piaygraund where the 2S residential structure then before the proposed gas 2~ kids are, ~~~wr~~ AHO z~Nr~~ coh,~~~s~0~ ~uNE ~7.2~~s Pqe 8~ to 92 ~f 9 ~ ~  i ~ ~ 1 f~1S, PATT~N: Okay, I have an explanation ~ between the mineral interest owner and the surface owner ~ far that, ~ as far as haw they wanted to develop the surface ar~d 3 CHAIRMAiV vVAT1<If~S: Da you? Okay. Ill~ell, ~ still be able to develop the minerals. 4 fine, r'm willing to listen certainly. 4 ~HAIRMAfV INAT1CIf~1S: Iliaw, I understand. I ~ I~l$, I~ATTON: It's my understanding this ~ just it just looks like a whale Ivt of area. Tl~e 6 project has beers on the board since a previous operator ~ site backed up right against the houses are well, not 7 lacked at it. And at that time they made an agreement 7 against the housest but very claw to horases, And we do 8 with the surface owner of three possible drill sites, 8 realize that there will be a tremendous amount of noise 9 And, you know, if Range had one to go with thane, we 9 day and night. And I understand for only a shark period ~v would have cantirrued an SUP press where we would have ~v of time. But then we're doing times five wells. been asking far those three pad sites. MS. PATTON: flange has committed one of i~ But we've got crack-shot geology 12 the surface owners that was within 5a~ feet of our well 13 department, and they`ve narrowed it. down to where we f3 bores asked the question. And we lave committed that we only need one pad site so that we have tfte smallest are gang to put sound walls up during the drilling ~5 footprint as possible to develop these minerals, And operations. And it's not anticipated that we would have ~6 the way the Barnett Shell wanks is that yau need to any equipment during the production phase that makes any drill the wells from either a northwest to southeast i7 noises ~8 orientation or southeast tv northwest, 18 So, yau know, it's dust going to be during i9 ~HAIRfNAN 1NATICINS: okay. ~.9 the drlllfng and tracking operations. And we're going 1+95. f~ATTON: So we've --you know, we could ~0 to control the nose doting the drilling aperatiorrs with ~1 have either started at what is now the foot of these 2i sound wa11s. And the frock operations are limited to welts or started at where the surface is. And it makes ~2 daytime. 23 mare sense far us to drill free wells Pram this location z3 CHAIRMAf►1 V~ATl~INS: Can yau control that 24 and spread out to the northwest so that ore can develop somewhat on the (racking? zS all the minerals. So it was based an the geology and ~S M5. I~ATTON: We if 94 gb ~ based on having the smallest impact on the surface that ~ ifAiI~MAN ATICINS: That's a pretty goad ~ we've narrowed it down to this one surface location in 2 size engines and compressors driving that water in 3 oiler to develop alt the m"rnerafs, tfrere. ~ CHAIRM►~f~ WATfQNS: Okay. And you're f~IS. PATTON: I~Iell, the opentars you 5 drilling a mile deep? 5,80 feet ar something? ~ know, mast titles keep them cantair~ed to under 8~ G iHS. PATTON: I'm sorry? G decibels, And, you kr~aw, if we can't do that, then the 7 CHAIRMAN VIIATKIIVS: You're drilling to about ~ sound walls normally knock it down ~o decibels, and s 5,ZSD feet in depth? . 8 there should be no reason why we can't control it. Ike 9 M5. PA7TON: Yes, sir..Yes, 9 I said, the track operations are limited to daytime 10 ~I-IAIRMAN WATKIN: Okay, Okay. Thank you. 1~ hours, ii Any other questions? Okay. Thank you. I'm sorry. I ii HAII~.l~AN iNAT14I~1 gi€ay. Okay, Yes, Say? 17 just I assume that the Raynor estate kept these drill ~2 COMMISSIONER THOMAS: Got a question. I ~.3 sites and the mineral rights, and the people that were !3 know it depends on what kind of geology you find. I developing Raynor Ranch were a separate group, 1~ mean, you've already got samples and MS. ~ATTON: 1Nel1i they are. But when they i~ MS. PATTON: The seismic, severed the surface rights from the mineral rightsr f6 COMMISSION~f~ Tf~OMAS: Thank you. It's been 17 there were negotiations made between the people that i? so long, I've forgotten. But thane things don't always t~ were buying the surface so they could do their ~s read quite true, And I understand there's leeway per !9 development --and tf~ mineral interest owners. Y meanr 19 wells R- per well, How long da yau think that it's ?.o 'this is even be€ore Range came in here, ~0 going to take? Z~ So when Range came in, the surface the ~1 MS, PATT0~1: To drill and complete it? options for the surface locations were pretty much 22 COMMI~IONBR THOMAS; Yeah. ~3 deterrr~ined between liay~or Investment and Allegiance and, 23 MS. PATTON: It would be about three weeks ~4 yau know, maybe the Dark Horse operator was involved in 24 to drill it and a week to frock it it, also, But all those considerations were made 2S COMMISSIONER TI~DMAS: To track it. P~~N~ri~ Aga I~iiIII~G C~NIMISI01~ ~uN~ ~~as Pale 9 to ~f 1 ~ ~  i 1 MS. PATTON: and dr~li out the plugs and i something that the applicant may be willing to agree ta. ~ flow-back to get the test. So I'rn not going say that 2 B€~t I'll just read off some of these 3 it's a continuous mon#h, but it will be four weeks. 3 conditions tha# are allowable, Regulation and ~ C~I~Mi~IOi~I=R THOMAS: o yau'r~ probably ~ limitation of uses. Regulation of setbacks and spacing, ~ looking at about five months then? You're saying ~ regulation of fences and walls. Reguiroment tv submit a G 1N. PATTON~ I~at continuous, but yes, 6 development plat. Regulation limiting the magnitude of 7 COMMISSIONER THOMAS: R~ght~ ~ traffic generated. I know that in the Robson Ranch ~ CIS. PATTON; Yes, 8 for some of the gad wells there were some lirnitatians 9 COMMISSIONER TfiQMAS. Right. Okay. All 9 on hours of access. Regulation of points of vehicular iD right. Thanks. ~.D and pedestrian ingress and egress, Again, Robson Ranch 11 Ci~AIRMAN VIIATICINS: YeS, Commissioner RyaH~ ~i had some of that. i~ COMMISSIONER R1~AN: I know you're not i~ Regulation to sloe. Regulation of building ~.3 uired to, but with the ~proxirr~ity to the residential 13 n~aterial5r textures, colors, ar~d architectural features. i~ area, has there been any type of a meeting with the i~ Regulation of landscaping, including screening and 15 residents? You said you talked with the one person that 13 buffering where necessary to increase compatible of i~ had the house within the 500 foot and made sore promises fG adjoining uses. Regulation of noise, vibration, dust, i~ to them, But has anything been done for the residents ii odors, or similar nuisances, Again, you know, you could there to put them at eased is potentially have same specific decibel regulations if i9 MS. PATTON: It's my opinion that this 19 you felt appropriate or requiring the noise mitigation. 20 Overlay District has had Humerus .public heariHgs, And ~o Regulation of hours of operation. Conduct 21 that drill site has always been shown. Arid, you knows ~i of certain activities. Again, I #hink we had some of 2~ we're being delayed. And, you know, we have gotten the a2 that with the Babson Ranch properties. And I think z~ waivers from the people that have structures within ~3 there was a comment made tonight about hours of 500 feet the houses. And we're just reluctant to ~ operation for the drilling operations. That could be have neighborhood meetings more than that. 25 put in as a condition if the Commission wanted to gg ~~U i COMMISSIONER RYAN; Okay. And those are i recommend iti ~ 2 both rental property houses? ~ Regulation of the period of time within 3 MS. PA1"fOlw: I wasn't aware of that. 3 which the proposed use Shall be deoped. Rey~riatior~ 4 CHAIRMAN wATKINS; Okay. 4 of the duration use. Regulation of any environmentally ~ M~. CUNNINOHAM; You H~entianed the sound S sensitive areas allowed under Subchapter 7, Regulation 6 walls, It's my understanding that the sound walls that ~ of any site development condition permitted by ~ you spoke of are not condition of approval tied to the ~ Subchapter And such other conditions as we'll make 8 SlIP~ Are you willing to comrrrit to rnalce the sound walls 8 possible to the developing of the City in an orderly and 9 a condition of approval to the SLIP? ~ efl~icier~ n~anHer and in aacardanoe of this provisions of i4iS. PATTON: Yes, sir. iD this chapter that are reasonable, MR. CUNNINOHAM: Okay. Sa I thinit the idea of the Overlay with the i~ CHAIRMAN 1NATKINS; Yes, ferry? i~ Specific Use Permit what it really ethos is that the 13 MR. DRAKE; And that was getting tv the idea that the minerals carp be extracted as a matter of point that I was going to raise is that under Subchapter 14 right, you knaw~ in the City you knave, subject to it. . fi of our Det~►tor~ Development Cade it talks about the i~ At the very least, the minimum regulations employed by 16 Spec~ic Use PerTnits. And it.does allow for conditions iG the Denton Development Cade. But with the imposition of 17 to be imposed above and beyond the minimum conditions 17 the SUP requirement, it does open the dear to orrre ~8 associated with gas well drilling in the City to take 18 additional conditions of approval in order to protect ~9 care of neighborhood concerns, noise, light, pollutants, 19 neighboring uses if that's the desire of the Carnmissian ao traffic concerns, things of that nature. ~D to recommend that to the City Council. 2~ There are several examples that are listed, 21 COMMISSIONER THOMAS: ~er,ry? Z~ which could be imposed. And I know Mr. ~angfard spoke, MR, DRAKE: Yes, sir? and he talked about parking being a concern of his, COMMISSIONER THOMAS; Vve already have City That could potentially be imposed as a condition of it. ~4 ordinances that will not allow heavy mid to And from the comments, it sounds like that's probably heavy-we~ht trucks to be parked an a public street P~A~~:N~ ~o~~~~ ~oi~r~~ss~~~l ~uN~ ~~r. Page ~fi t~ ~ of 19 2 ~a~ ~o~ i~IR, DRAKE: Right. ~ the Railroad Commission will certainly let you know ~ COMMISIO~I~R TI~IO~+lAS: which on Bonnie 2 atr~t it. ~ Brae is that, So that does have to be parked on site. 3 MS, PATTON: Right. But the thing that you 4 Yvu know, so about ~e~ only vehicles that w~a~d even 4 did mention was limiting work hours, And it's a give or 5 possibly be parked an sRe --and she said her co ~ ny ~ take. You either have it takes a week to fuck a 6 had a regulation as far as, you know, their fluor h nds, G well because you're doing daytime only, yr you could do 7 drillers, tool pushers. Those guys. Would be thei 7 it in three days. And the way the City ordinance is, 8 personal vehicles, which are probably the sarr~e si as 8 it's daytime only. And we're agreeing to those 9 yours end mine. 9 restrictions. And you said that you gat a policy t t iD COMMISSIONER ICING: Would you have a 11 they got to park on your site, Sa I hype that that k t~ problem with parking being one of the conditions care of the parking situation that you were referri g 12 parking on sited we'd already talked about that, but 13 to. It did not? You don't believe it, I guess. i~ not as a condition. Would that be a problem if that i~ 1Neil 14 were one of the conditions? 15 MR. LANGI'ORD: Unless it's in writi g, I've i~ i~IS. PATTON: I mean, I think guys would get ~6 been there before. Like I said, I've got them righ 1f fired ii: they weren't parked on location. I mean 17 across the street from roe, so. 17 COMMISSIONER KING: So you wouldn't have a 18 COMMISSIONER THOMAS; In that ard, I ~.S problem with that? 19 would contact there's a City department that d ~ 19 M, I~ATTO~I; We don't have a problem with 2t~ with that. Okay. i've gotten those ernes before. ey it. 31 will take care of tfrer~rr. Believe me. 2i COMMISSIONER KING: Okay. Thank you very 22 MR. DRAKE. Illitell --and just to cla , I much, ~3 was not meaning to take an advocacy position on his, ~3 CHAYRMAN WATKINS: They have three acres. 24 I'n1 just merely wanting to make the Comrrrissian ware of ~4 CDMMISSIOI~IER KING; Yeah. Yeah. ~5 the option should they decide to da sa, I was not ~5 Cl'iAIRMAN WATKINS: Any other discussion? ~4~ ~ ~D4 i intending this to be a r~ecor~mendatian aS such, I 'ust i COMMISSIONER THOMAS: I understand the 2 wanted to make surd since there were some cone rns that ~ citizens` point of view. During dMlling operation, ~ were raised. And in light of the Chairrrran raising me 3 I've spend several nights orr the drilling, Acrd tt's. 4 additional concerns regarding this, that I wanted 4 it is loud. I know technology has changed, It's make sure that the Commission is aware of ~e o ions ~ probably nut as bad as what it was. We certainly never ~ available tv it. G had any sound deadening curtains, ~ CDMMISSIOi`IBR THOMAS; I Comm nd you on CHAYRMAN INATKINS: But I haven't ever had B agreeing to use your sound-deadening curtains v your S anybody come and tell me, ah, that's a whole lot better. 9 rig. That does help. It doesn't help when you're n 9 COMMISSIONER THOMAS: I know it's going to i~ the drilling floor because it still dust drives you nu i~ be anr~ying, I icr~ow what you're saying. And I know ii all the time, t~ it's going to be annayi~g. But it is for a limited i~ MS. PATTON: INeI~, I meant we are iz period. And, you know, ante they're shut-irr, there`s no 13 sensitive. When we see ~ i~ noise. And ther7 once, ]IDIr know, their production i~ COMMI$I(3NER THOMAS: Those g ys are paid 14 starts, there's a little bit of a whine. It depends on i~ to stand there, so that's their problem. 15 the choke that you're having to use. And that's way 16 MS. PATTON: And when we see we need to get 16 above my knowledge and abilities. But that's for people 17 waivers because we're wi~hirr 5~~ feet of a stru re, 17 a whole lot smarter. But, you know, there 1s a Ilttle 18 you know, we're not insensitive to the location of here 18 bit of a whine. But, generally, at a distance, it's not ~9 wells. t the only thing that I had a concern ab ut as i9 even noticeable. Did we close the public hearing? I ~0 far as the restrictions that you mentioned, as far s 2D forgot. ~i areas that corJld be covered is that, you k~row, I lieve ~i CHAIRMAN INATKIIdS: Closo the public that our application meets all of the ordinances a d hearing. i think I did. But if I didn't, I'l1 olose 23 State regulations, And I have no concerns about here z3 the public hearing. being any nuisance or ground water corttarninatio . ~4 CDMMISSION~I~ THOMAS: Dkay. Mr. Chairman, COMM~SSIQNER THOMAS: If there a problemr ~5 I'm going to recommend approval. I think skaff had ~E nnrnrrur~ ar~n ~~~irar~ r:t~r~r.~rnN JE1NE 2009 P~Q~ ~ ~1 to 1 Q4 Of 1 ~ ~  . 105 1D7 1 something that they want to say first. ~ integrated irr if that were the desire of the Commission, ~ MR. t1~li~INCHAM; Mr, Chaitrnar~, relative to ~ CAM~IISSICIVER THOMAS: I'm not against that, 3 the woad wail, staff does not have any specific ~ and I think that should be brought up in the meeting in 4 language drab tonight that would govern the sound wall. 4 between staff and the operator. 5 So in general terms, we would ask that i€ it's the 5 CHAIRMAN WATKII~S: Okay. Second G desire of tl'►e Comn~issiorr to recommend approval that ~ COMMISSIONER KING: Bz~t you mentioned that 7 recammerrd the recommendation will be stated in such a ~ staff would make every you might consider adding that 8 general relative to the sound will be stated in 8 staff would make even effort to make sure they`re 9 general terms that will give staff direction to add 9 available to l'rave that processed and done by the City iD condition relative to the sound wail that would addros 1~ Council meeting. ii the height of the wall, construction rrrater~als~ timing fi MR. CUNNiNGHAM: INe will. of construction, and the noise level beyond the sound 1~ COMI'~ISION~R KING: i would second that. 13 wall in tens of deciUeis. And staff w~~l meet with the 13 CHAIRMAN WATKTNS: Secorx! and a motion. 1~ applicant to fiarmulate those specific restrtions ire 14 CGMNiISSION~R THOMAS: Did his amendment i5 time for City Council public hearing. i5 COMMISSIONER KING: I snuck it in in a C~MMIYCN~R THOMAS: 111111, I belierre the ~G mumbling sort of way, applicant gave you some decibel ratings i7 COMMISSIONER ~`I-IOP+iAS: Instead of having to 18 MR. CUNNINGHAM: Right. 18 vote vn his amendment by parliamentary procedure I 19 COMMISSIONER THOMAS: during her 1~ would Tike to include what Commissioner King said in ~0 presentation, mine. ~1 SIR. C1~NNINGHAM, Rlgtrt. SOl~le dec~bei Zi C4i41MISSIONER KING. And I'd second that. ratings at the sound waN. 1r~e would like to Zook at 22 MR, CUNNIifiCHAM: Okay, And just to clarify 2~ those decibel ratings to see if they're acceptable, sa ~3 what Commissioner King said. The intent is to make sure to speak. In addition to the parking limitation being ~4 brat we don't delay beyond the sreduled City Council ~5 restricted onsite only. a.~ date. ~a~ X08 1 COMMISSIONER THOMAS: I'm trying to think COMMISSIONER KING: Exactly. My intent i5 2 how to formulate this now I wasn't quite finished when ~ that std doesn't accidently delay this to trouble 3 I recognized that you wire trying to give further ~ Range Production longer than the City Council etirrg 4 information, ~ you spoke of. ~ I'd like to recommend approval based upon 5 MR. CUN~IINCHAM: Right. And were in 6 the two conditions that were brought up concerning G agreement with that. 7 parking exclusively on the well site and using 7 CHAIRMAN V~IATI~NS. All right, I have a 8 sound-deadening equipment based upon the conditions that 8 r~otian and a second. Please vote orr the board, dour to 9 tyre applicant and the decibel ratings that the applicant ~ zero, 1o mentioned as is as can be in agreement with both City io ii staff and the operator, 11 MR, CUNNINGi+IAM: Just want to clarify that 13 these are two conditions in addition to the five 13 14 conditions that staff 14 15 CQMMISSION~R THOMAS; Oh. Thar}k you. Yes. 15 ifi o a thatTs total of seven. 16 17 MR. CUNNINGHAM ~ Seven conditions. 17 ~,8 Ci-IAIRMAN WATI~INS: Okay. That's in the 18 19 minutes and sa an. 19 ~0 MR. ~ltAl~E: lust --and, again, as arr ~o 21 alternative. And, again, I'm not trying to take an 21 advocacy position, But i want to make tl~e Commission Z~ ~3 aware that we do have Borne sound performance standards 23 24 in subchapter I2 that would be available for commercial ~4 z~ for industrial uses, rather, that could possibly be ~5 a~~fr~ ~n~n ~nr~~Nr; r~n~~~~~rn~ .~uN~ ~z. Paoe ~ ~ tO ~ ~8 ~f ~ ~ ~  :.:tir. M. ~ CHAIRMAN INATIQN~ All righty, That brings ~ us to our end of our agenda. Anyone have any f~Iture ~ 3 agenda items they would life to bung to the staff ar 3 j ~ the staff to bring to us? 4 ~ 5 C4MMIIO~I~R TH~MA: Yes. And I'm gaing ~ I ~ to need Jerry to help with this, vie had a canversatian G ~ not too long ago concerning sane language that involves ~ ~ ~ signage in the DCG. There is residential ~-there is S 9 residential language approved far the Dawntawr~ 9 Commercial General. But there is also signage 1~ restrictions that deal with signage in residential areas. Sa we have two parts of the Code that don't dovetail very well. And I'd like to get staff in the little bit of time that they have, which is Wane, to take a laolC at 1~ that and maybe get same olarifi~;ati~rt. BeCaI~S~ the ~.G 1~ whole City is going to mare o~ a Mixed,r~se idea. That's ~s been a big push since the l~evelapment Cede was i8 i9 installed. 19 zv In the dawntpwr~ area, they're trying to get ~o Zi residential in, as well as, you know, retail arld those 2~ 22 types of services. o. if someone was to have a home z3 business but it's in a DCG, currently it's I~nclear i'f ~3 they can even advertise their business, o Y think we ~ 25 might nel to work an that, 110 11~ ~ MR. DR~41CE: Yeah, It's and I am ~ ~ familiar with the question that was raised. It has to ~ 3 da rvtth the homeoccupations defintt~ans that are irr the ~ ~ ~entvn Development Code. And as incorporated by the use ~ 5 tables in subchapter ~ and the definitions in subchapter ~ 6 ttlere is there is an ambiguity and a seeming G ~ inconsistency that probably deeds some mote exploratiarl. ~ B R. CI~NNINGHANl: And just to piggy back an 8 ~ that. ~Ve are star is aware of the situatit~n that ~ ~D you're addressing. And tv take it a step further, we're i~ in the preliminary stages of looking at rewriting the 1~ entire sign Cede. 1 COMMY~I~I~ER T~DMAS: ~h, ol~y, MR. Ct1NNINGHA But that will come after is we straighten out the Parking Code. iG C~MMISi~NER TH~MA; And the Tree Code, ~G 37 MR, CUNNINGHAM: And the Tree Code, yes. ~7 ~,S CI~AIRMAN VI~ATKIN~: And Raynor Ranch. 18 i9 C~~MISIONER THDP+lA: And Ray~ar Ranch. t9 CHAIRMAN 1NATICIN All right. ~ wlll 20 . ~t consider us adjourned then at 8:07, zz (general Session adjourned at 8 ~ ~7 p,m.} z~ ~ 2~ Pu~WiN~ zo~~~~ c~~~~ssi~N ~uN~ 2oa9 ~aq~ ~ ~9 ~0 11 ~ of 1 ~ ~ s:1~ur docu~nerztsl~r~inar~ces1~91s09~006 updated ~r~~nar~ce ~2~.dac ORDINANCE AN ORDINANCE ~F TIE CITY ~F DENTON, TEAS, APPR~~IN A PE~'IC USE PERMIT T~ ALL~w FAR SAS SELL DRILLING AND PR~DUTIN ~N APPR~~EViATELY THREE ACRES, LOCATED ~N TPIE wET SIDE ~F BONNIE BRAE STREET, NORTH ~F CRn~TURE STREET, A.ND ~~NED UNDER TIE T~wN i CENTER REUIIATI~NS ~F THE RAY~~R RANCH ~~ERLAY DISTRICT, wIT~I A BASE ~~NIN ~F NEIHB~RH~~D RESIDENTIAL l1~IXED USE ~ PRpID INS FAR A PENALTY IN TIE IVIAII~IVI AIVi~~UNT` ~F Z,O~~.~a PAR ~I~LATIDNS T~IERE~F, SE~ERABILITY AND AN EFFECTT~E DATE. ~5~9-006} WHEREAS, an November 4, 2D08, by ~rdxnance 2005-284 the City Cauncil approved amended development standards far the Raynor Ranch overlay Dis#~ict by superseding the previously approved Raynor Ranch overlay District classifxcatian~ and amending by supersedure Chapter , Subchapter ~ ~ of the City of Denton Cade of ordinances, "Denton Developament Code"~ `special purpose and ~~rerly District", and allowing gas well drilling anal roduction subject to City Council approval of a Specific Use Permit; and WHEREAS, Range Resources Corporation, s applicant and lessee of the mineral estate, has applied far a Specific Use Permit to allow for the drilling and production of gas wells on approximately 3.0 acres, legally described in Exhibit "A", attached hereto and into orated herein by reference the "Property"~ and as defined by the site plan attached hereto and incorporated herein by reference as Exhibit "B"; and ~ . WHEREAS, an June I 200, the Planning and caning Con~na.issiou concluded a public hearing as required by law, and recommend approval of the Specifc Use permit; and WHEREAS, the C1ty C~unC11 finds that the ec~fic Use Permit 1s consistent wit1~ the ~ ~ Denton Plan, Subchapter 3~.6 of the Denton Code, and ordinance number 208-2$4 of the Raynor Ranch ~verla~ District ; N~, T~IEREF~RE; THE COUNCIL ~F TIIE CITE ~F DENTIN HEREBY ORDAINS: SECTION 1. The fnd~ngs and recitatiens contained in the preamble of this ordinance axe incorporated herein by reference and found to be true. SECTION A. Specific Use Permit far. gas well drilling and o eration far the Pro ert p p y~ located within the Town Center of the Raynor Ranch overlay District, is hereby approved, subject to the following conditions: 1. The approval of this Specific Use Permit shall not grant any waiver to the overlay conditions approved with Ordinance No. 2005-284. The applicant shall Install a screening fence along the northern, southern and western b~undaxies of the site, and a type `D' buffer on the side of the site facing Bonnie Brae Road.  i s:lour d~cum~n~slor~i~nance~1D91s~9-046 ~pda~ed ~rdz~ance (2).doc The ~ereening fence and type `D' buffer, a~ conditioned, shall be constructed within ~ days after drilling operations are complete or planted wring the fiat dormant seaan after drilling, if approved by the pity Landscape .Administrator. ~4. If screening ar landscapi~ig is damaged or removed during fracturin ar refracturin g g operations, the operator of the gas well shall be responsible far replacing the damaged a rerrioved portions of the landscaping. The site plan as submitted and shown in exhibit ~ shall. guide the development of gas welts on the subs ect site. Arior to the issuance of a gas well pennit and the commencement of .operations, the operator shall submit a noise nlanaen~ent plan to the Development Review onamittee far review and approval, detailing haw the equipment used in the drilling, completion, . transportation, ar production of file wells complies with the rrzaxinlum permissible ambient noise levels. The m.aimunl permissible ambient noise level shall not exceed seventy nine X79} decibels s measured three hundred ~3~0} feet from. the boundary of the drill site. friar to the issuance of a gas well permit, the operator shall be responsible for establishing and reporting to the pity cantlnuaus seventy-two X72} ho>~.r preydrillin ambient noise level. The seventy-two ~7} hour study shall include at least one twenty- four Maur reading during a Saturday or Sunday. The operator shall use the prior established ambient noise level for tb.e installation of any new noise generation{ equipment unless the operator Can demonstrate that the increase in the ambient noise level rs not associated with drilling and production activities located either on or off site. The sound level meter used in conducting noise evaluations shall meet the American rational standard institute's standard far sound meters or an ir~strurrient and the associated recording and analysing equipment which will provide equivalent data. . A citation may be immediately issued to the operator or his agent for failure to comply v~rith these conditions. however, if the operator 1s 111 Cai~ipliance with the approved nol~e n~anaernent plan, and a violation stall occurs, the operator will be given twenty-four ~4} hours from notice ofnon-compliance to correct the violation from an identif ed source before a citation is issued, Additional extensions ofthe twenty-four ~~4} hour period may be granted in the e~rent that e source of the violations cannot be indentif~cd #~er reasonable diligence by the operator. 1 The operator of the gas well sha11 instruct and ensure that em to ees involved in the p y operation of the gas wells parr vehicles an-site only. 1 ~ . prior to drilling Qf gas wells, a sound barrier shall be installed along the perimeter of the 3~acre site. This sound barrier shall be a minimua of 14 feet high, 12. The operator of the gas wells shall monitor the site daily to ensure that noise levels do not exceed seventy nine X79} decibels as measured three hundred ~30~} feet from ~ the boundary of the drill site. 13. The operator of the gas wells shall install an automated n~orlitoring system which allows the wells and noise levels to be monitored from a remote site away from the ~-acre site and the surrounding residential neighborhoods.  _ i s:lour do~~me~~slor~ina~rces1~91s~9-OU{?~ updated a~dina~c~ ~2}.dog I4. Drilling, fracturing of all the dive gas wetls shall be completed ~ithxn tv~a years from the date actual drilling is commenced on the first gas well. 1. has well operations shall incorporate the best practices rccon~.nended in the letter dated July S, 209 and attached hereto as exhibit . I b. Violation of any of the above condlt~ons shall be cause for revocation of this peclfic ~Jse ' Pern~.it, pursuant to section 35.G.~ of the Development bode. ~TI~~ The pecif c LJse Pern~.it flan attached hereto and incorporated herein by reference as Exhibit "B", 1s hereby approved for the Property described 1n the caption of this Or ~nance. ECTI~N 4. A copy of tha.s ordinance shall be attached to ordinance Z~~s-~54, showing the amenchnent herein approved. ETIO . If any provision of this ordinance or the application thereof to an error Yp or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provls~ons or appl~catxons, and to this end the prav~s~ons of thls ordinancc are severable. ETI~N G. Any person violating any provision of this ordinance shall, upon conviction, be dined a sun not exceeding 2,0~~,4~. Each clay that a provision of this ordinance is violated shall constitute a separate and distinct offense. ETI~IV 7, This ordinance shall become effective fourteen ~ l days firon~ the date of its passage, and the pity secretary is hereby directed to cause the caption of this ordnance to be published twice in the Denton kecord-chronicle, a daily newspaper published in the pity of Denton, Texas, within ten ~ 1 days of the date of its passage. ~AED ~ APPR~~D this the ~ day of , ~~09. ATT~T: JENNIFER ALTAR, CITY ~ETARY BY:  i s:l~ur docum~ntslordi~a~ces1~91s{~-~~~~ u~te~ ordnance (Z~.d~c AFPR~'~~ A T~ ~E~rAL ~`~R ANITA ~U~~ ~TY..~'~' w. Y ,~.Y B Y i  i s:lou~ docume~tslord~r~anc~sl~~ls~9-~0{?~ updated ~rdir~a~ce ~~}.dvc ~ ~~SC~1~1~1~~1~ ~ ~ _ r ~ i ~ 3 } . . g. ~ ~ ~ ~ d 3?:. ax I  i ~~1~~r d~curn~ntsl~~dir~a~nces1~91s49-~~Ob ~~da ~~dinan~e (~}.doc bite ~1an i i ~ ~ h f s ~ ~ I ' ~ ~ - S r 4~ ~ ~ ` i k ~ $i1 sry. ~ y ` . ^ Yr. 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M ~ y,~ .r.. µ r~,..,.,,..,,.,,,,µ , - ' ~f , 11 ay. `-r , x.. ry....... ..........,^,,.w^M^,., 1. ~ x.. , 4... w. 1,......... fr,v _ _ w-~w..~ Y....`~~....~,.,~u,u,H ~ x r ,,.:..,.w_......~.~,. ..u,,~„u_ ..xw v~v,~,.~o-.~o-.~~..... ........~..._.,,,.~,.,,..~n .~.~.~:..v-.,, ~ x ',.r..~'w -:•rrexo-xaww.~,M h Y ~ ~ x °b s t ~ ~ yy}y{ y, a w 9,. ~ : ~ ray w~.~au ~ ~ ~ , ~ ~ e i j a , i ' < ~ ,,gg ~ ~ ~ ~ }c S ~ . ~ ~ r~ ~ ~ ~ ~ ~ ~ Y v  } k s:lour d~c~m~n~lar~inanc~sl~~ls~~-~~~6 ~.pdated ordi~.an~e ~~},dac E~h~b~t Noxe ~Vlanageent Play . . h . . ~ r~ . : , ; ~n~y 8A ~~~9 o~ lento Attn~ A,ppiah. Senor ~~~r . l;lm Denton, Terms. ~94~} ~E: wage F~a~u~t~o~ ~a~pany - l~A'~ ~ ~ H ~o~se l~a~€agement flan dear lam. ~ppiah: Mange ~'roductio~, ~:o~n~~n~r and ~~N~ ha~re ~re~ad a poise ~~~n~eerit flan for the ;~,a~~zor ~iH, 3H, ~ dr~~~ng ioeat~o~. Tie ~~or ~~n~t ~ i~ ~~c~:#~~ at ap~rox~~ately~ 1'1at~t~de 3.~2~ ~3 r~ttude ~-~7. ~~eord~ng to earth ~~s and visual ose'a#ia~, e ~ro~osed sites a~'e loea#~~. v~r~st o Born~.~~ l~xe~ d t;ri.~tre street {~'ignre t ~ time o~the axnhi~nt sound bevel #est, e ~~eil p~.~ had not been co#~t and there were ~r~te~t~d uses within feet c~~'the propase~. ~el1s. a~pro~imate elevation at the proposed location ~s ~ee# above sea le~rel, The topo~Taphy ~di~s gent~~r to e souk nth e~e~rations ranging t~o~ ~9~ fe~# to ~fcet ahor~e sea ~.ev~l within 1,~D~ greet off' proposed drill site ~~'igur~ The pre~raili~.~ ends an.ti~ipated at the tip ~~drillin the R.ay~~r Unit ~H, 4, ~ will be ~o #k~~ noh~uest. ~~~ti~erly~ winds are frequenl~r high and rr~a~ persist evera~~ dais, I~a~ever, strong nort~em, winds often o~:~ur ding the passage of col ~ro~s ara~ s~~ng storn~sa This Nv~~se ~~#a~~.g~n~~nt elan gas preyed to confo~n the City l~ntvn'~s r~~~es# ~eli~~ how nose reg~l~tions mill be yet: l~Tt~~se ~i#i~a#~aa ~p~ou~ There :are rn~ny proven ~~a~s o~ mitigating noisy ~~m oil and gas oper~,tion~. Figure ~ is illustration o~ A~ea~ noise levels: generated during eort~ctiot~oi~ and operations. poise ~rn.~ ~~l~ing . ~.saax~~~fiaa pe~r~t~oas ding drklting at~d cor~pletior~; operatiau~s noisy management include, ~~t nit he Ii~a~ted to fide f~lla~ving: ~ ~ ~n:s#allat~o~ o~ I1~I5~ ~ll~'t~i.~.5, '~'i~#.5s Q~` ene~osures an~~te Planning.rig a~ent~tio~ ~~f feasil~ie} with the ~-door painted ~a~a~ fro prect~.~ses ~~estricted to d~.~~rn~ a~e~atiori: delxver~f of pipe, easing d heap loads; the use o~ horns ~`or cornunicatien; ~~c~iele ~aek~up alas 4) ~rae~~bs to b~ conduced ~n~~ dig daylight hau . ............~.~.~..~....~~.~.kMN.~.m.,Mmm~.~.,..~.~.~~.,.~....,..,.w_.......~.,..,,~..~.~,~,~...~.,...~.....~.~~.,..h,..~ M .............ww~.~.~,~,~,  i s~l~ar ~oc~r~entslar~inanc~l~~l~~9~~~~ up~ate~ ordinance ~2}.hoc zb . ~ ~ . . ~a~se foam Pua~~j~~ks a purnp~iC is required ~ low-p~Xe ~`~ping unit ~ rep~e~ the conven`ian u~i€, hr~;h uses ~a. to ~0-foot beam and ~ao~~ ~z~e a int, bobbing hc~rsc's~head. ~ryhe con~~nti~r~ai p~rnp is ~ru~, : . gas- or dic~~pov~ered engine, v~h~~h is noisy. and unpl.,~t m~~~n..~~~ti~~~~~t ~ P~P.:in~l~de . ~us~in~g . p~.e~attc p~.pi~n de€~~ :fit dote :~r~~ - en~n;-. ~h~or~, r~inin~ing ~ noise ~ev~~s. This purnp stal3ds about ~ ~ to i -~`eet tali. same ewes prieuma~c pumps wii~ not #'~on properly i~~ ~ratex is e~t..cted hiie ext~aetx~ ~ ~r~sequent~y, hey urger aruounts of meter are produced, an aiterr~ative to the standard beam pump is the p~gs~z~e ~a~rity ~ur~p. These pumps come ~ dif~~ren.t shapes and ~~es. i',,i~e the pneuxxiatic pump, day ~ run on electric otar~s that are ~nuch ~uiet~r-th~.n~co~~e~,t~ol. pimps, ~e~~c~e ~~ise ai created h~ opexators oonst~rit~y i~~in~.in and.out from tae ~7e~1 pad to ~n~~ii#or ~reli p~od~~tion can k~e ~~tigated using an ~utvnaated monit~ri,n.. s~t~~~~n, ~rh~~h,, a°l~o~~ :~~lA~~ta ~>>~e~- Wired rem~te~y ~e:g., ~o~n e c~mpan~~'~ ~~~e~. '~hr~~~~n.~~s~ ~ ~~e~~c~ntroi~iad~ t~ ~~~rn t~ ~iiting the you that opetor~ utilize rsidenti ~~ads for ~ccess~io ~ei~s iiiti~g ~.ehic~es to .tie h~o~ a 7:4 a.,. t~ p;rn,, ~~ept ire Bergen: ~~i~nsj. E~g~~e l~oisc Ta ~i~g~ta note ~rnp~ots from en~~ine~, sound b~.~ier de gut o~ and saun~µ~bsa~r~ing insui~.'an ~i.e,, N~~ st~rofaa,~ n~~~ be used. Sound barriers naafi be placed in : L-s~ha.~e ~.bo~e e en~x~e, extending pad; the sides o~ the engine. ~To :reduce ~d~s~ :in..~~,~~~~.: a~~s~, ,u?~a~ eng~nies, ~~~~i-sitc, ~r ~i~id compressors .a~~ be ea~ti~~iy: en~~sed;i~ ~~uu~~ins~t;:~uildi, Some enia~es can opexat t a ~anstant nurn~er o~ revo~iutions per r~in~.te (RPM, which reduces e a~en annoying, ,uotuating .noise eased by engines that speed up ~d spa down. ~u~ers, ii~e Chase used fir auto~obite engines, ~.n be red t~ minxt~ixe eng~n~~ na~sc. t~ noise se~asi~ti~e sTtu~tion~, ~ series hospital-grade n~u~fters ~ouid 6e more effeet~ve at reducing noise ~~on~ engines. ~ some situations, natura.I gas ~or diese] eugines can he xeplaeed with eicctric x~.otors, These rn~ut~~s, i~' properly installed, tend t~~ ~e quie~~er than their engine ~c~u~~teart,~. ore off` electri~a~ n~et~rs depe€~ds ot~ tie a~a31abi1ity a~ e~eet~~ity, anc~ ~rhether or not a company is il~~ing to run an e~e~:tr~c~l Tine to the site, C'ampressor NaYS~ .s noise ~"rom oo~npre~sors can be mitigated mast el~ecti~Yly~ b~ ~eata~g eae~ sigr~int nt}~~ source: gas turbines ar er~gir~es, ~o~npressors, exhaust outlets aid air inlet~,~ and ooolin aid ~eritilation ins. ,~~te~ent mad in~r~l~re changing the blades on ~rhi~h can change the fr~ueney ~f sated emitted, thereby removing the a~o~ing tares. ~~gine nose ci be ~ft~d wing aut€~moti~~e~pe ~ t  i s:lour ~~cuments'~t~~nance~1~91s~9~4~~G updated or~i~nar~ce ~~}.hoc . ~s ~~~~d i ~ ac~~~~~~~ ~~~~a~ u~~~~~a o~~~ ~~~~u~~~ ~~~r ,~r~~~~~ ,~~nt i 5 5 y S ...............:.:..:_._._.g_~..............~.i~...._.Y-.M........~................_.yr.. ~'s x r ~ i .~'w^..,..^'.~,wP•~~~w.~~,«.m~zo.o~v~oww.«.~.w«.4w~„o-,ROO~-~~a.«.«.«•.~~.~ .~«~~~.- ti. ~1,6~ ~ s.y,Mr s 4 Y P  . C sAour doruments\ordinances\09rs09-0006 updated ordinance (2).doc ~F W i ~i t µ ~ a Sara Y „_J c 3 cll. a ~ r r r;r - F ct V., fn J If r : F V r[~; J w.Y - J n. ¢ s , Vy d t ~ t r- j 3 i q f 3 scour documentslordinances1091s09-0006 updated ordinance (2).doc A - , t' LL z tai. 7 F a I tt /tom ( l 1. r• ~ ~ ~ , . 3 ~ x UQ) 3 k`u Syr w t i~ w ,I US r yy r F-j W j. s:lour documcntslordinances1091s09-0006 updated ordinance (2),doc i EE The Erhrirvn tal &Natural Rescurt;es Gk-oup, Inc. WASE LrvEL 19A) ar SO 1nat. C*~i 3&1CPEXe~"9R~4 TRArT4 M ~~iFERA. Cx?~J4n"3~R8 d'.~a'F~3ffi ~ 1 R 1 rpa ~ t3~Td~Ra^A°a K3° ' F- .iPRawc" p } I x LO: T~V ral Construction Equipment Noise Generation Levels FIGURE 3. RANGE PRODUCTION COMPANY RAYZOR UNIT 41H, 2H, 3H, 4H, 5H NOISE MANAGEMENT s:\our documents\ordinances\09\s09-0006 updated ordinance (2).doc sa., ' ~r E e tai is r ~ W 3 4 x rIV } oc. h r = i - 4A. I'T Ali r~ I ~..y. 3 LU V I ir~T1~1 EXHIBIT 14 Noise Management Study r,... i i i 1, ..,ur... ~ July 8.. 2009 City of Denton Attn. Mr. Nana Appiah Senior Planner 221 N. Elm Denton, Texas 76201 (940) 349-7785 RE; Noise. Consultant Qualification Request Dear Mr, Appiah: My name is Todd Boriag; 1 tram the President sofa consulting, con-pany I lu: Ftiviroaatnental :id Natu ;-1 l.. -..u;.. Cir- ur,, Inc (L;NRG). At the request of Ms. A];!. P.:~k.lit,].2 ulatory IVI u~ - Ii;r Mange l'Mdr,c;tiun (10 1 1)MO) we are s ibi iiiinc, to you au,tlilication.s as a noise coil ult,nil in the City of Denton. Mfr. Appiah, pl::--~.~. ! 'and h,~,low as ba ief sunnmary of our qual J, wd the type ofdecibcl meters we are using.. 1;NRG has been in business providing consulting services primarily for oil and gas coanpa.nies since. 1999. Specifik. ily, within the pa ,.1 three years, we have conducted ors r 500 itid le vet tests I{ar 11 different o b`ra'e-s drilling, in fl-n: 1,, _n^t Sliale. hearing this tinar. ► ci d ~~iir c>,frrience includes conductia,~ .~,m d urveys fr, . n,htn, no levels, continuous drilllri, frac,joia noise: levels and cornpi,,-or ..tes within rC~: tt `,Jialc. We have condut-t..;i tr ,i-i~arr in approximately 25 cities within I ( k:irnc t Shale play. Currently for our ambient sound ievel surveys, we are utilizing an I I I r- 11 107764 (ANSI S IA 'Fypc 11) Data 1.,ogging Sound. Level Meter. Our instrume i , : with a 94 dB calibration device before and after ..,.ch job. Additionally FNRG ~Ir_ brat noise consultant to offer noise monitoring via the ini,-,r.ci ;i;,:, Rrw l and I(jaaer soused lc. 1 aactsr. Our technology allows operators to monitor their dtillii noi-,c "rca' time" via the intern.-'. ']'his is the first permit one of our cheat,, Rar, r l'r lu riora Company, is filing in the t' ty of Denton. Therefore, fNRG is requesting i. 1:,- a q ;d il'ie.[ ..oand consultant operating in the City of Denton. If you need as reference, ..h +i ;r!I I &,:iids, Gas Well Inspector - Forth Worth. He can be reached at €117-392-211 `l. If you i k-d to spcah with one of our clients, please let me know and i can provide you a conta t. i ad pl onae number, l can 1ae reached at 214-674-3762. 1 look forward to hearing from you soon. Since;r•e°ly=, 'Todd IT Boring President 1-"NR.(; - The Envi oinne-it rr X'nim,i' 13; Group, ino. Attachments I Resources Group, July 8, 2009 Mange Production Company Attn: Ms, Mary C. Patton Regulatory Manager - Barnett Shale 1 oo Throckmorton Street, Suite 1240 Fort Worth, Texas 76102 (817) 870-2601 RE: Range Production Company- RAYZQR UNIT #111,2H, 3H, 4H, 511 72-Hour Ambient Noise Level Survey - Log Base 10 Dear Ms. Patton: Please find enclosed two copies of the above referenced information, which includes one for you to submit to the City o Denton, Please call me direct at (214) 674-3762 if you have any questions or comments. I appreciate the opportunity to continue working with you and Range Production Company. Thank you for the continued business! Sincerely, Todd Fl. Boring President ENRO - The Environmental & Natural Resources Group, Inc. Attachments i 1 P.O. Bah 810656 a 75381 m 214 674 3762 .011L itaritss.c€am F7- i"~-J ~U` July 2009 Range Production C'oropany Attn: Ms. Mary C. Patton 100 Throckmorton. Street, Suite 1200 Fort: Worth, Texas 76102 (817) 870-2601 RE: RAYZO UNIT #111, 211, 311, 411, 5H 72-Hour Pre-Drilling An abieut Noise Level Survey Log Base 10 API #'s: - IH - 42-121-33744; 211- 42-121-33741; 311 - 42-121-33742; 4H - 42-121-33743; 5H - 42-1.2133744 Dear Ms. Patton: Per your request on June 25, 2009, ENRG performed a 72-hour pre-drilling ambient noise level survey at the Range Production Company Rayzor Unit # I H, 21A, 31-, 4H, 5H drilling location in Southlake on July 4-7, 2009. The Rayzor Unit 4111, 21-1, 311, 41-1, 51-1 is located at approximately Latitude 33.22313 Longitude -97.16156. According to Google Earth neaps and visual observation, the proposed drill site is west of Bonnie Brea Street and north of Scripture Street (Figure 1). At the time of the ambient sound level test, the well pad had not been constructed and there were protected uses were located within 600 feet. An EXTEC'H 407764 (ANSI SIA Type 11) Data Logging Sound Level Meter (SLM) was calibrated, programmed for decibel (dB) readings between 30-130 dB and "A" frequency weighting (human ear) and installed at the site by ENRG personnel at approximately 12:00 PM on Saturday, July 4, 2009, Initial and final readings were verified with a calibration device to ensure accuracy during, and after the test. The objective was Lo measure and document the site's 72-hour ambient sound levels until 12.00 PM on Tuesday„ Judy 7, 2009- The SLM was located on a stake installed by FNRG sphere no obstructions were allowed to block the meter I frorn measuring and recording accurate ambient noise levels. The results of the 72-hour pre-drilling ambient noise levels are attached as Table 1, Figure 2, and Figure 3. For purposes of this report daytime is defined as the period between 6:00 AM and 7:00 PM, and nighttime is defined as the period between 7:00 PM and 6.00 AM. A summary of the 72-hour ambient noise level averages is shown on 'Fa'ble 1. 1 i _~,:-e 2 -Grows the graphical results of the minimum, maximum and average of the 72- hour pre-drilling ambient rc.l~,- cvels_ Please call nne direct at (214) 674-3762 ifyou have any questions or comments. Sincerer, Fodd 1-1. Boring President ENRG - The L nviromnental & Natural Resources Group, Inc. Attachments n.alla TX '/53 . 62 r ,rsu6t~nts c.C,m i~ i~ ~ x j, „4{ s.1'~a~"' k .,~f4 q4 Y' L q~~,• ~ r`1 Ilk s , ~ ' ~°~~k ~ f- ~I,s,Xy ~ a.rf`iP~ SLY ~4s'!: r.r~,r._.1. ^'-1 K., - . t r r' d mow: r ~ l 1 l 'e', ' Y 1 G[5 pp,, t rup, Inc. TABLE I RANGE PRODUCTION COMPANY RAYZOR UNIT #I H, 2H, 3H, 4H, ;5H 72 HOUR PRE-DRILLING AMBIENT NOISE LEVEL AVERAGES JULY 4-7,2009 Aw,r9g*et113111r Minimrium(JR/Hr fVR "im-irt)dItiHr ~ I Tim(, (LAFa'v^) ('LATmilo) 11 +,Frri;: dl"•.4 n ~`.1 II I ~ i r ill F".1 SF' ,i ;,o !IN I I ul 'v9 Lh I I W l _ _ I I it sf.'? I I ANt II f• I I I - 1 ill tiL'i ~ I00 A Ni I I nr~ '<',1 I.' I n l lI I .I 3 Milan t, 11 ,,'r 1'ABLF I - 1'g. 1 OF 3 t r i I . _ Inc, TABLEI RANGEPRODUCTION COMPANY RAYZOR UNIT 4111, a11, 3H, 4II, 514 72 HOUR PRE-DRILLING AMBIENT NOISE LEVEL AVERAGES JULY 4-7, 2049 AtieragedB/IIr Minimii m(113111r W,imumd13/lir I ~~I~ner Time fl Fnv ,1 \1min) In I ! 1 I I I,'1 L I _ I i_ I P.1 1, I I } _ helr~lul~ n AN" " .1 1 u ,r.~ I I . u'i I I.I I II :,,p I I1 I ,1 4 4 ~i 'f' III Q1.' I r~''.1 I'ABL I - 1,1 ? OF o~ry EZNF=1CD TABLE I RANGE PRODUCTION COMPANY RAVZOR #IH, 2H, 3H, 4H, 5H 72 HOUR PRE-DRILLING AMBIENT NOISE; LEVEL AVERAGES JULY 4-7,2009 Average dB/Hr Minimum dB/Hr "Maximum dB/Hr Time (LAFav„) (LAFmin) (LAFinax) 1:00 PM 51.1 45,0 -6',.2 2:00 PM i-,.1 423 67.9 100 PM 5 3,4 _ 44.4 t;7,9 4 nn 1'..%1 54.0 40.3 71.9 Range 5:00 F11 51.8 44.8 t,6.8 Range 6:00 PM 50.6 42.7 61.5 7 no I'M 5013 41.7 8 00 I'M 49.3 42.1 60.2 9:(o 1'\1 49.4 41.4 61,9 10:00 PM 48.7 415 57,6 1 1 110 i'Nl 49.3 44.6 59.9 TT '200() 518 43.n 62.8 :110 AM 50.6 435 59.2 Nightune R:knPe 2 110 AM 51.3 4. 1 61.5 1:110+ AM 51.2 42.9 61.0 4:00 AM 51.2 41J, 61.1 5.00 AM 49.8 43.> 58.3 6:110 AM .1 40.7 _ 62.4 7:00 AM a 501 623 8:00 AM 54.1 442 70.4 9:00 AM 418", 413 61 A Daytime 10:00 AM 405 40.7 58.7 Range 11:00 AM 51,4 37,5 57.6 12:00 PM >n_4 39.9 66.4 z-11uur Average I.og Base 10 51.6 42.0 52,4 1 TABLE I - Psa. 3 OF 3 P.0, Box €310658 a Dallas, TX 75381 ~ 214 674 3762 M taddPenrcdconsultants.ct nt AV OW II u AV 00'6 INV 00 L SNV 00 9 ~ I _ AV (9) 1 Ad 00: 11 P, I Of): L Ad 00 I Ad 00:f' Ad (W I 1 AV 00: 1 1 Ivv ()(F:r I M 00 L J NVoo:S ~ • 1 ,r V, _.N. u r• ~ ~ " iwyuyw~,V' ~r,~ w,»+=.-,mIL,Vtvew9VNx„nvmrwwElwl'WWxou . W Ad OWL Ad 00 Ad 00:~ hd 00:1 WVG0'il IA OU 6 INV 00:t avV 0 0 I ' W1006 t . , . . - - - 11,100 L i N, GO ml G41: I i C'~ ~1 lG"J III to 1 ' i i I 1 EXHIBIT 15 Noise Management Plan I Envir~onmen l Natural Resources Group, Inc. July 8, 2000 City of Denton Attn: Mr. Nana Appiah Senior planner 221 N_ Elm Benton, Texas 76201 (940) 349-7785 RE: Range Production Company - RAYZOR UNIT #11I, 2H, 3H, 4H, 5H Noise Management Plan Dear Mr. Appiah: Range Production Company and ENRG have prepared a Noise Management Plan for the Rayzor UNIT 91H, 2H, 31L 41-1,511 drilling location. The Rayzor Unit 411-11 211,311, 411,511 is located at approximately Latitude 33,221.13 Longitude --07.16156. According to Google Earth maps and visual observation, the proposed well sites are located west of Bonnie Brea Street and north of Scripture Street (Figure 1). At the time of the ambient sound level test, the well pad had not been constructed and there were protected uses within 600 feet of the proposed wells. The approximate elevation at the proposed location is 692 feet above sea level. The topography dips gently to the south with elevations ranging from 690 feet to 730 feet above sea level within 1,000 feet of the proposed drill site (Figure 2). The prevailing winds anticipated at the time of drilling the Rayzor Unit 41 H, 2H, 3H, 4H, 5H will be to the northwest. Southerly winds are frequently high and may persist for several days. However, strong northern winds often occur during the passage of cold fronts and spring storms. I This Noise Management Plan was prepared to conform to the City of Denton's request detailing how noise regulations will be met. Noise Mitigation Options "There are many proven ways of mitigating, noise from oil and gas operations. Figure 3 is an illustration of typical noise levels generated during construction/oil and gas operations. Noise from Drilling & Completion Operations During drilling and completion, operations noise management will include, but not be limited to the following: 1) Installation of noise curtains, walls, or enclosures onsite 2) Planning rig orientation (if feasible) with the V-door pointed away from protected uses 3) Restricted to daytime operation: delivery of pipe, easin : td heave loads; the use of horns for communication; vehicle back-up alarms 4) Frac jobs to be conducted only during daylight hours F.J_ L k 7;381 ra 2 148 ~ R, Loci dsV2 i,gc.or suI_a`1cc,rn ffrnv1r1Or° mi-_ n l & Natural Ros_ot.trc~ Group, Inc. Noise from Punmpjacks If a pumpjack is required, a low-profile pumping unit can replace the conventional unit, which uses a 30- to 40-foot beam and looks like a giant, bobbing horse's head. The conventional pump is run on a gas- or diesel-powered engine, which is noisy and unpleasant smelling. Alternatives to this lame pump include using a pneumatic pumping device that doesn't require an engine, therefore, minimizing noise levels. This pump stands about 10 to 15-1'eet tall. In some cases however, pneumatic pumps will not function properly if water is extracted while extracting methane gas. Consequently, when larger amounts of water are produced, an alternative to the standard beam pump is the progressive cavity pump. These pumps come in different shapes and sizes. Like the pneumatic pump, they can run on electric motors that are much quieter than conventional ptunps. Vehicle Noise Noise created by operators constantly driving in and out (roan the well pad to monitor well production can be mitigated using an automated monitoring system, which allows wells to be monitored remotely (e.g., from the company's office). Vehicle noise may also be controlled to some extent by limiting the hours that operators may utilize residential roads for accessing wells (e.g., limiting vehicles to the hours of 7:00 a.m. to 9:00 p.m., except in emergency situations). Engine Noise TO mitigate noise impacts from engines, sound barriers made out of steel and sound-absorbing insulation (i.e., NOT styrofoam) may be used. Sound barriers may be placed in an L-shape above the engine, extending past the sides of the engine. To reduce noise in sensitive areas, purnpjacks, engines, well-site, or field compressors may be entirely enclosed in a sound-insulated building. Some engines can operate at a constant number of revolutions per minute (10M), which reduces the often annoying, fluctuating noise caused by engines that speed up and slow down. Mufflers, like those used for automobile engines, can be used to minimize engine noise. In noise sensitive situations, a series of hospital-grade mufflers would be more effective at reducing noise from engines. In some situations, natural gas or diesel engines can be replaced with electric motors. These motors, if properly installed, tend to be quieter than their engine counterparts. The use of electrical motors depends on the availability of electricity, and whether or not a company is willing to run an electrical line to the site. Compressor Noise Noise from compressors can be mitigated most effectively by treating each significant noise source: gas turbines or engines. compressors, exhaust outlets and air inlets, and cooling and ventilation fans. Abatement may involve changing the blades on fans, which can change the frequency of sound emitted, thereby removing the annoying tones. Engine noise can be muffled using automotive:-type I 1 0. E D.,IIa~, TX r'.Si„ 1 :a 2 ] 4 6 1a 3 1CJ. ~ ern i i t I<r- A tal & N r# R Group, Inc. r N I mufflers, or by housing the engines in acoustically insulated structures. The entire compressor can also be housed in an acoustically insulated building. Noise Mitigation Measures Noise mitigation measures to be employed during the drilling of the Rayzor Unit #1H, 2H, 3H, 4H, 5H include the following.: • This rig to drill these wells has been designed and equipped with noise mitigating equipment including devices to minimize squeaking from the draw works brakes; • A sound barrier will be installed along the perimeter of the pad site. This sound barrier will be a minimum of 14 ft high. Attached on Figure 4 is the typical sound wall installation showing the typical reduction in noise level (15 - 20 dBA) from a 14 ft high sound wall; • Fracing operations will be limited to between the hours of6:00 AM and 7:00 PM; and • Periodic noise monitoring will be conducted during the drilling prograrn to ensure that noise levels are maintained in compliance. Please call me at (214) 674-3762 or Mary C. Patton at (817) 870-4140 if you have any questions or comments. Sincerely, s r Todd H. Boring President The Environmental & Natural Resources Group, Inc. Attachments P Cr r.; Dal: s, TX 7.':.538:1 o~ Al srt~ i i s ~ tf ~ r ' i v M • e r~ is ~ L a' ~ ~yr~~ i"; r } 32 ~ ~ "cy' y ti♦ k ~.4 t s 4. 7 a i .4 t L ( m• - }L y, yr ~4 f it , ' a 4 17 f- f pp r ' - r I I , a~ {~y i C t k t i 4 , i r y-j l~ F k_lu ~11vir lr rr r ierlt _jl a Natur l Resources Group, Inc. - W.-T-,l-: LEVEL (.IRA) - f-1 TYPES OF NOISE GENERATING CGIJIPU04T go I F - i -r A , . t- C 3 PAI_ r u CONCRETE IA W ! ^tiONCAE°E PJF1ln3 XIOVABLE'i fP CKO 4! i PN F iia ~a w F FU'VER a !PKAK2 Tv ical Construction Equipment Noise Generation Levels F1G [aRF 3. RANGE PRODUCTION COMPANY - RAYZOR LJNT'1' # ] H, 2H, H, 4H, 511 NOISE MANAGEMENT - c ! j rr PP~~ F~~+1 s SlT L ~ „ F{~i p - X x~y ,l AV fl ca~ M1. F A q V , CJ A w This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 DEPARTMENT: Finance ACM. Jon Fortune SUBJECT Consider approval of a resolution nominating members to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. BACKGROUND The Denton Central Appraisal District (DCAD) has notified the City that the term for members on the current DCAD Board of Directors expires December 31, 2009. Therefore, DCAD is seeking nominations from taxing jurisdictions in the district. The attached resolution is available for the City Council to make a nomination(s) for members to the DCAD Board of Directors. The City Council can make up to five nominations for the Board of Directors. Once nominations from all taxing jurisdictions are received by DCAD, a ballot will be sent to the City. The City Council will then cast their vote to elect a member at the November 3, 2009, City Council meeting. The number of votes a taxing unit has is determined by their proportional share of the total levy in the district from the prior tax year. There are a total of 5,000 votes throughout the district. One thousand votes are the maximum number needed to elect a local representative/nominee to the Board of Directors. In 2007, the City and Denton Independent School District (DISD) collectively voted and elected Rick VVoolfolk and Charles Stafford to the Board. This year, the City has 190 votes and DISD has 620 votes. The current DCAD Board Members include Charles Stafford (Denton), Rick Woolfolk (Denton), Lee Baker (Flower Mound), Pearl Ford (Roanoke), and Doug Killough (Lewisville). SCHEDULE Applies only to every other year: Prior to Oct. l - DCAD notifies taxing entities of the number of votes they are entitled to cast for appropriating board members. Prior to Oct. 15 - Nominations for DCAD Board of Directors are submitted to DCAD by each jurisdiction (via resolution). Agenda Information Sheet October 6, 2009 Page 2 Prior to Oct. 30 - DCAD compiles comprehensive list of nominees and forwards list to each taxing unit in ballot forms. Prior to Dec.15th - Taxing units choose by written resolution a candidate(s). Name(s) of candidate(s) are submitted to DCAD along with the number of votes for each candidate. Prior to Dec. 31 St - DCAD tabulates votes and forwards results to taxing units. The five (5) candidates with the most votes become the Board of Directors as of January 1. Eligibility Guidelines: • The selection process is set forth in Section 6.03 of the Property Tax Code. This process is not an "election" governed by the Texas Election Code. It is an independent procedure unique to the property tax system. • An appraisal district director must reside in the appraisal district for at least two (2) years immediately preceding the date he or she takes office. Most residents are eligible to serve as a director. An individual that is serving on the governing body of a city, county, or school district is eligible to serve as an appraisal district's director. • An employee of a taxing unit served by the appraisal district is not eligible to serve as a director. However, if the employee is an elected official, he or she is eligible to serve. • A statute relevant to the Board selection process prohibits nepotism and conflict of interest for appraisal district directors and chief appraisers. In summary, the law states that: ......."a person may not serve as director of closely related to anyone in the appraisal district or if related to anyone who represents owners in the district, or if the person has an interest in a business that contracts with the district or a taxing unit. A chief appraiser may not employ someone closely related to a member of the board of directors". • EXPERIENCE - In considering individuals to serve as directors, taxing units should look for expertise in such areas as accounting, finance, management, personnel administration, contracts, computers, real estate or taxation. Historical involvement in local government activities also indicates that someone should make an excellent Board member. • FREQUENCY OF MEETINGS -The applicable statutes require the board of directors to meet not less often than once each calendar quarter. The DCAD Board meets more often than is required by law. Agenda Information Sheet October 6, 2009 Page 3 FISCAL INFORMATION There is no fiscal impact to the City of Denton. EXHIBITS DCAD Nomination Process Memo Resolution Respectfully submitted: Bryan Langley Director of Finance ENTON ENTRAL PPRAISAL ISTRICT 3911 MORSE STREET, P ®Box 281 b DENTON, TEXAS 76202-2816 WWW.DENTONCAD.COM r MEMO T0: Denton County, School Districts and Cities That Levy A Tax FROM: Joe Rogers, Chief Appraiser SUBJECT: Request far Nominations for DCAD Board of Directors DATE: September 1, 2009 It is time again forthe taxing jurisdictions to select five individuals to serve as the DCAD Board of Directors. Each jurisdiction may nominate up to five people to be considered for the Board of Directors. According to Section 6.03 of the Property Tax Code, it is the chief appraiser's responsibility to initiate this process, which is the purpose of this memo. Please note that a chief appraiser does not have the authority, or the duty, to investigate, or judge, the qualifications of the nominees. Further, a chief appraiser can not extend the deadline for receiving nominations. Attached is a nominee form. Please return a form for each nominee by October 15, 2009. CALENDAR FOR APPOINTMENTS: 1. Prior to October 1st -Each jurisdiction will be advised of the number of votes they are entitled to cast for Board members. (See Attached) 2. Prior to October 15th -The governing body of each jurisdiction may nominate up to five candidate(s) to the DCAD Board of Directors. The number of votes that each jurisdiction has is not relevant in the initial nomination phase. 3. Prior to October 30th - A comprehensive list of the nominees will be compiled and this information will be sent to the taxing jurisdictions in the form of a ballot. 4. Prior to December 15th -The taxing jurisdictions choose by written resolution the candidate, or candidates, of their choice. The jurisdictions then submit the names of their candidates and the votes they cast for each candidate prior to the December 15th deadline. 5. Prior to December 31st - A tabulation of the votes will be forwarded to the jurisdictions. The five candidates that have received the most votes become the Board of Directors as of January 1st.  PHONE: (940) 349-3800 METRO: (972) 434-2602 FAX: (940) 349-3801 Memo, Appointing Board of Directors, September 1, 2009 Page 2 SELECTING A NOMINEE AUTHQRITATIVE GUIDELINES -The selection process is set forth in Section 6.03 of the Property Tax Code. This process is not an "election" governed by the Texas Election Code. It is an independent procedure unique to the property tax system. ELIGIBILITY - An appraisal district director must reside in the appraisal district for at least two years immediately preceding the date he or she takes office. Most residents are eligible to serve as a director. An individual that is serving on the governing body of a city, county, or school district is eligible to serve as an appraisal district's director. An employee of a taxing unit served by the appraisal district is not eligible to serve as a director. However, if the employee is an elected official, he or she is eligible to serve. A statute relevant to the Board selection process prohibits nepotism and conflict of interest for appraisal district directors and chief appraisers. In summary, the law states that; .........."a person may not serve as director if closely related to anyone in the appraisal district or if related to anyone who represents owners in the district, or if the person has an interest in a business that contract with the district or a taxing unit. A chief appraiser may not employ someone closely related to a member of the board of directors". FREQUENCY OFMEETINGS -The applicable statutes require the board of directors to meet not less often than once each calendar quarter. NOMINATION FORM Please return this form to DCAD no later than October 15, 2009. Reminder....your jurisdiction may nominate up to five candidates to the Denton Central Appraisal District Board of Directors. Please include the address and phone number of your nominees. Name of your jurisdiction: Name of nominee: Name Address city zip Phone # ( } - Return this form to: Kathy Williams Denton Central Appraisal District P.O. Box 2816 Denton, TX 76202 DENTON CENTRAL APPRAISAL DISTRICT 2009 DISTRIBUTION OF VOTES %OF TOTAL NUMBER JURISDICTIONS 2008 LEVY LEVIES OF VOTES SCHOOL DISTRICTS: SO1 ARGYLE ISD $14,147,536.54 1.2546% 63 502 AUBREY ISD $8,140,559.31 0.7219% 36 503 CARROLLTON-FB ISD $40,616,850.75 3.6019% 179 504 CELINA ISD $291,573.80 0.0259% 1 505 DENTON ISD $140,136,513.49 12.4274% 620 515 ERA ISD $3,670.88 0.0003% 1 506 FRISCOISD $58,043,922.48 5.1474% 256 507 DRUM ISD $10,643,$92.62 0.9439% 47 508 LAKE DALLAS ISD $21,053,131.62 1.8670% 93 509 LEWISVILLE ISD $319,162,385.15 28.3036% 1414 510 LITTLE ELM ISD $24,951,526.51 2.2127% 110 511 NORTHWEST ISD $60,788,705.13 5.3908% 269 S 12 PILOT POINT ISD $5,984,147.02 0.5307% 27 513 PONDER ISD $12,792,393.39 1.1344% 57 517 PROSPER ISD $991,096.97 0.0879% 4 514 BANGER ISD $9,619,459.45 0.8531% 43 S 16 SLIDELL ISD $600,106.31 0.0532% 3 SCHOOL DISTRICTS TOTALS $727,967,471.42 64.557% 3223 GOl DENTON COUNTY $125,928,041.67 11.17% 558 %OF TOTAL NUMBER JURISDICTIONS 2008 LEVY LEVIES OF VOTES CITIES: C26 TOWN OF ARGYLE....... $1,495,832.00 0.1327% 7 COl CITY OF AUBREY....... $681,705.10 0.0605% 3 C31 TOWN OF BARTONVILLE.. $450,319.81 0.0399% 2 C02 CITY OF CARROLLTON $28,347,239.77 2.5139% 125 C49 CITY OF CELINA......... $1,028.65 0.0001% 1 C03 CITY OF THE COLONY... $14,730,756.53 1.3063% 65 C21 TOWN OF COPPELL $613,302.52 0.0544% 3 C27 TOWN OF COPPER CANYON $306,949.00 0.0272% 1 C04 CITY OF CORINTH...... $8,210,723.53 0.7281% 36 C47 CITY OF CORRAL CITY $14,924.68 0.0013% 1 C20 CITY OF DALLAS....... $7,912,894.02 0.7017% 35 C05 CITY OF DENTON....... $43,069,182.74 3.8194% 190 C42 CITY OF DISH......... $62,759.58 0.0056% 1 C30 TOWN OF DOUBLE OAK... $744,969.94 0.0661 % 3 C07 TOWN OF FLOWER MOUND. $30,448,044.55 2.7002% 134 C36 CITY OF FORT WORTH....... $6,409,409.82 0.5684% 28 C32 CITY OF FRISCO........ $21,634,832.75 1.9186% 95 C39 CITY OF GRAPEVINE....... $17.84 0.0000% 1 C22 TOWN OF HACKBERRY.... $95,160.05 0.0084% 1 C38 CITY OF HASLET........ $2,545.50 0.0002% 1 C19 TOWN OF HICKORY CREEK.... $1,450,741.33 0.1287% 6 COS CITY OF HIGHLAND VILLAGE...... $9,422,781.11 0.8356% 42 C09 CITY OF JUSTIN....... $1,128,491.78 0,1001 % S C18 CITY OF KRUGERVILLE.. $262,732.76 0,0233% 1 C10 CITY OF KRUM......... $1,142,884.29 0.1014% 5 C11 CITY OF LAKE DALLAS.. $2,336,243.14 0.2072% 10 C25 CITY OF LAKEWOOD VILLAGE..... $186,387.30 0.0165% 1 C12 CITY OF LEWISVILLE... $30,127,732.80 2.6718% 133 C13 TOWN OF LITTLE ELM... $8,675,806.99 0.7694% 38 C33 TOWN OF NORTHLAKE.... $682,472,00 0.0605% 3 C24 CITY OF OAK POINT.... $1,439,891.93 0.1277% 6 C14 CITY OF PILOT POINT.. $1,300,381.04 0.1153% 6 C29 CITY OF PLANO.......... $4,231,825.88 0.3753% 19 C15 TOWN OF PONDER....... $40$,815.76 0.0363% 2 C48 CITY OF PROSPER $60,763.05 0.0054% 1 C17 CITY OF ROANOKE...... $4,703,451.99 0.4171% 21 C16 CITY OF SANGER....... $2,310,917.05 0.2049% 10 C34 TOWN OF SHADY SHORES $625,731.22 0.0555% 3 C37 CITY OF SOUTHLAKE....... $562,240.61 0.0499% 2 C28 CITY OF TROPHY CLUB.. $3,185,291.77 0.2825% 14 CITY TOTAL $239,478,182.18 21.24% 1061 %OF TOTAL NUMBER JURISDICTIONS 2008 LEVY LEVIES OF VOTES W04 CLEARCREEK WATERSHED AUTHORITY........... $262, 742.96 0.023 3 % 1 W07 CORINTH MUD.......... $230,196.40 0.0204% 1 ESD1 DENTON CO EMER SER DIST $1,180,576.06 0.1047% 5 W 10 DENTON CO. FRESH WATER DIST. # 1B $2,421,751.91 0.2148% 11 W 11 DENTON CO. FRESH WATER DIST. #1C $55,478.09 0.0049% 1 W 12 DENTON CO. FRESH WATER DIST. #1D $2,705,035.30 0.2399% 12 W 15 DENTON CO. FRESH WATER DIST. #lE $2,216,356.99 0.1965% 10 W31 DENTON CO. FRESH WATER DISTRICT 1F $1,104,901.75 0.0980% 5 W34 DENTON CO FRESH WATER DISTRICT 1G $882,003.65 0.0782% 4 W26 DENTON CO. FRESH WATER 4-A $254,989.13 0.0226% 1 W13 DENTON CO. FRESH WATER DIS #6 $5,441,373.b8 0.4825% 24 W21 DENTON CO. FRESH WATER DISTRICT #7 $1,159,006.78 0.1028% 5 W 18 DENTON CO. FRESH WATER DIST. #8A $280,399.92 0.0249% 1 W 19 DENTON CO. FRESH WATER DIST. #8B $1,262,759.73 0.1120% 6 W24 DENTON CO. FRESH WATER DIST. #8C $907,455.40 0.0805% 4 W 16 DENTON CO. FRESH WATER DIST. #9 $2,413,834.98 0.2141% 11 W 17 DENTON CO. FRESH WATER DIST. # 1 a $2,693,3 71.3 8 0.23 89% 12 W20 DENTON CO. FRESH WATER DISTRICT 11A $1,038,683.41 0.0921% 5 W25 DENTON CO FRESH WATER DISTRICT 11B $50,660.12 0.0045% 1 LOl DENTON COUNTY LEVY IMPROVEMENT DIST # 1. $779,597.81 0.0691 % 3 W22 DENTON CO MUD #4 $1,052,468.34 0.0933% 5 W23 DENTON CO MUD #5 $235,213.20 0.0209% 1 RUD DENTON COUNTY ROAD & UTILITY DISTRICT #1. $3,649,104.30 0.3236% 16 W33 NORTH FORT WORTH CONTROL & IMP DISTRICT $$4.55 0.0000% 1 W 27 OAK POINT WATER CONT. #1 $96,432.01 0.0086% 1 W28 OAK POINT WATER CONT. #2 $131,178.90 0.0116% 1 W03 TROPHY CLUB MUD.#1 $584,414.28 0.0518% 3 W05 TROPHY CLUB MUD #2 $1,156,765.77 0.1026% 5 ESD2 TROPHY CLUB PID # 1 EM SER $16,351.46 0.0015% 1 W35 VALENCIA ON THE LAKE WATER CONTROL & IMP DIST $806.49 0.0001% 1 SPECIAL DISTRICTS TOTALS $34,263,994.75 3.04% 158 TOTAL ALL JURISDICTIONS $1,127,637,690.02 100.00% 5000 2008-2009 DENTON CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS Doug Killough Chairman 709 Juniper Lane Lewisville, TX 75007 Rick Woolfolk Member 115 W. College St Denton, TX 76201 Lee Baker Member 616 Paisley Drive Flower Mound, TX 75028 Pearl Ford Secretary P. 0. Box 381 Roanoke, TX 76262 Charles Stafford Member 1903 Williamsburg Row Denton, TX 76209 Ex-Officio Member Steve Mossman Vice-Chairman P. 0. Box 90223 Denton, TX 76202 s:\r,ur d©cuments\resolutions\09\itcatninate central appraisal district.dcc RESOLUTION NO. A RESOLUTION NOMINATING MEMBERS TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the terra of office for the Board of Directors of the Denton Central Appraisal District will expire can December 31, 2009; and WHEREAS, the City of Denton, Texas wishes to nominate members to said Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton, Texas, hereby nominates and as members to the Board of Directors of the Denton Central Appraisal District for two-year terms to continence January 1, 2010.. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. MARIA A. BURROUGHS, MAYOR ATTEST.. JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM:. ANITA BURGESS, CITY ATTORNEY BY. i- a This page left blank intentionally . AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 DEPARTMENT: Planning and Development ACM: Fred Green, 349-8351 SUBJECT - COA09-0002, Lux at Bell Avenue Consider an appeal of the denial of a Certificate of Appropriateness by the Historic Landmark Commission for new development located at the northeast corner of North Bell Avenue and East University Drive (S.H. 380). The site is located within the Neighborhood Residential 3 and Neighborhood Residential 4 (NR-3 and NR-4) zoning districts; and is within the Bell Avenue Historic Conservation District. The Historic Landmark Commission denied the request (6-0). (COA09-0002, Lux at Bell Avenue) BACKGROUND At the September 14, 2009 Historic Landmark Commission (HLC) meeting, the applicant (Point Services, LLC) requested a Certificate of Appropriateness (CoA) to constrict a multi-family residential development on the subject property. Section 35.7.10.3 of the Denton Development Code (DDC) requires the approval of a CoA prior to the constriction of a new building within a Historic Conservation District. The site currently consists of three undeveloped lots, two of which are located within the Bell Avenue Conservation District. In addition to applying for this CoA, the applicant has submitted a request to rezone the site to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district and a request to abandon the alleyway which traverses the site from north to south. The application to rezone the property is scheduled for the October 21, 2009, Planning and Zoning Commission public hearing, and the application to abandon the alleyway has been approved by staff. The next step for the abandonment process is to submit an application to replat the site and include the abandonment of the alleyway on the plat. On September 14, 2009, the HLC unanimously denied the CoA request stating that the proposed density and use (rental duplexes) was not compatible with the adjacent development within the Bell Avenue Historic Conservation District. Subsection 35.7.6.8.13 of the Denton Development Code (DDC) sets forth the standard procedures for certificate of appropriateness review. More specifically, this section states that "If a certificate of appropriateness has been denied, the applicant may appeal the decision in writing to the City Council by filing a written notice with the City Secretary within ten (10) days of receiving notice of the denial." STAFF ANALYSIS Per the plans submitted by the applicant, each proposed dwelling unit will be two stories in height and have a floor area of approximately 1,500 square feet. In designing the exteriors of the six duplexes, the applicant has incorporated the architectural features of some of the homes located in the Bell Avenue Conservation District (See Exhibit 4). These features include pillars/columns on front porches, details over the front doors, rooflines, and dormer windows. The exterior of the buildings shall consist of a combination of brick and Hardie board siding. The applicant is proposing the following colors for the exteriors of the buildings: • Building 1 - Soft or light olive color siding with Highlander brick face color (olive, red and brown) mix. • Building 2 - Ginger ale or champagne color siding with Mocha Brown brick face color (deep brown). • Building 3 - Deep tan color siding with Ole Orleans brick face color (red with small white chips). • Building 4 - Light brown color siding with St. Andrews 2 brick face color (reddish brown). • Building 5 - Light peach color siding with Cumberland Pass brick face color (tan). • Building 6 - Vanilla color siding with Highlander brick face color (olive, red and brown) mix. The trim for all buildings will be painted in a cream pearl color. Subsection 35.7.10.5 of the Bell Avenue Historic Conservation District establishes the architectural regulations for the district. They are as follows: A. Main Building. Main buildings must be compatible in scale with strictures existing in the district. Appendix A.7 of the Bell Avenue Historic Conservation District references three architectural styles which are prevalent within the District. They are American Ranch style, Craftsman Bungalow style and Colonial Revival. These styles range in height from one to three stories. The proposed duplexes are two stories in height. FINDING: Staff finds the request is consistent with this regulation. B. Accessory Buildings. Accessory buildings which are visible from any public street, other than an alley, must be compatible with the scale, shape, roof form, materials, detailing, and color of the main building. FINDING: There are no accessory buildings proposed, therefore, staff finds that that this requirement is not applicable. C. Architectural Detail. Materials, colors, structural and decoration elements and the manner in which they are used, applied or joined together must be compatible with nearby and adjacent strictures. FINDING: Staff finds that in designing the exteriors of the six duplexes, the applicant has incorporated the architectural features of some of the homes located in the Bell Avenue Conservation District. Some of the features which have been incorporated into the design include pillars/columns on front porches, details over the front doors, rooflines, and dormer windows. D. Additions. All additions to a building must be compatible with the dominant horizontal or vertical characteristics, scale shape, roof form, materials, detailing and color of the existing building. FINDING: No additions are proposed; therefore, staff finds that this requirement is not applicable. E. Color. Colors of all strictures must be complementary to each other and the overall character of the main building. FINDING: Staff finds that all proposed colors are complementary to each other and achieve a pleasing facade. F. FaVade Materials. The only permitted facade materials will be brick, wood siding, wood, stone and stucco. Artificial facsimiles of these materials will have to be considered on a case by case basis. The exterior of the buildings will consist of a combination of brick and Hardie board siding. The applicant has indicated that he will use wood in place of the proposed Hardie board, should the Commission desire. Staff finds that the substitution of word for Hardie board is acceptable. G. Historic architectural elements of the facade are to be preserved if they are still historically accurate at the time of the creation of the district. FINDING: Staff finds that the above requirement is not applicable to new construction. H. Roof Material and Colors. Roof materials and colors must complement the style and overall scheme of the stricture. FINDING: All proposed roof materials will be complementary to the buildings and the development as a whole It is Staff's position that the proposed elevations meet these regulations. In addition, Subsection 35.7.10.8.A of the Bell Avenue Historic District has the following requirement for new constriction within the District: A. When new buildings or strictures are proposed within a historic conservation district, their design shall be compatible with the historic, cultural, or architectural character of the area. The design shall promote the existing spatial and visual qualities in the historic conservation district, including height and scale of buildings or strictures, orientation, set back, spacing, site coverage, and exterior features. As noted above, the height, scale, and exterior features comply with the requirements of the district. The underlying zoning of the district is Neighborhood Residential 3 (NR-3) and Neighborhood Residential 4 (NR-4). The applicant is proposing to rezone the site to Neighborhood Residential Mixed Use 12 (NRMU-12). The development regulations of these three districts are as follows: General Regulations 12 Minimum lot area (square feet) 10,000 7,000 3,500 Minimum lot width 60 feet 50 feet 30 feet Minimum lot depth 80 feet 80 feet 80 feet Minimum front yard setback 15 feet 20 feet 10 feet L(2) L(2) Minimum side yard 6 feet 6 feet 6 feet Minimum side yard adjacent to a street 10 feet 10 feet 10 feet Minimum rear yard 10 feet 10 feet 10 feet The following limits apply to subdivision of more than 2 acres in lieu of minimum lot size and dimension requirements: General Regulations 12 Maximum lot coverage 50% 60% 60% Minimum landscaped area 55% 40% 40% Maximum building height 40 feet 40 feet 40 feet 10 feet 10 feet 15 feet plus 1 plus 1 plus 1 foot for foot for foot for Minimum yard when abutting a single- each each each family use or district foot of foot of foot of building building building height height height above above above 20 feet 20 feet 20 feet Since the residences in the district were primarily built from the early twentieth century to the 1970's, prior to the establishment of these districts, it is difficult to determine if all sites comply with the development guidelines of the current zoning districts. The subject site complies with the requirements of the NRMU-12 District. The majority of the screening along the northern property boundary will be comprised of a landscape screen. The northeast corner of the site will be screened with an 8-foot wooden fence. PRIOR ACTION/REVIEW September 14, 2009: The Historic Landmark Commission denied the request (6-0). OPTIONS 1. Approve the appeal. 2. Deny the appeal. RECOMMENDATION Staff recommended approval of this request for a Certificate of Appropriateness. EXHIBITS 1. Location Map 2. Zoning Map 3. Proposed Site Plan 4. Proposed Building Elevations 5. Proposed Exterior Paint Colors 6. Proposed Brick for Facades 7. Letter From Applicant 8. Historic Landmark Commission meeting minutes of September 14, 2009 Prepared by: 1 Cindy Jackson, AICP Planning Supervisor Respectfully submitted: Mark Cunningham, AICP Planning and Development Director EXHIBIT 1 LOCATION MAP ° i j c ~~T ~5I'~i Y ~ w tt" ~ +1 2b. 4C : Y ~ .,n 'ae~ t ,1~'v Cr ~ 9 ~ r ~ ~ ~ i - SUBJECT SITE 41 y~ ~ ,.h ~ 'fie b P f ~ ~~~Y ~l f ' 'G • 'c.. l ~ ~ x h ~Ai~ t i Y 1.: 1 ' a~ i `y ~s k 4_ Lai E h l w It Cnl. Hial r-TI t w f'A F?' EXHIBIT 2 ZONING MAP HR f I ) I t SUBJECT SITE - J 1JR-4 n. uw r r 7 l E. ini ei it, _i High, a, ilk VF-r-: r 4 T EXHIBIT 3 PROPOSED SITE/LANDSCAPE PLAN i E i n an saaws~sar+aoa n3®...n, .,,y,~~ 3 i t ~a°~e-~ey:r aaw scup ~ g 1 i 4 ~ T N p I ~1 as ' I 1 I n ri S` OIl V A:11: )Nlll lIl1Q (I:ISO( OHJ t, IIUIHX:l k 9l[eliatil'4pNN1 NN,swyNNp S IIr+, W#MW61 wgMe'wviwg'x+NU»a d...u W SV Z- J®~8 a I sete~:l~s.y y ~axn,wi,aid o S~+ S•A~! ON Mak9 39 ,NlCC3llA~0 d.''.. 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L_ IP EXHIBIT 5 PROPOSED EXTERIOR PAINT COLORS li rf i i ~ III i i I I I I I I~ 3nb 39 'N ~I Amk EXHIBIT 6 BRICK COLORS i I 4i SN From: Roderick Taylor To: Jackson, Cynthia; Subject: Project COA09-000: 9/14/09 HLC Meeting Date: Tuesday, September 15, 2009 1:53:00 AM Cindy: Based on the HLC vote on 9/14/09 to deny Lux at Bell Avenue Request for Certificate of Appropriateness (Project # COA09-000, please accept this email as a formal request for an appeal hearing to be schedule. Please let me know what board or committee I will need to meet with as the managing partner of Lux at Bell Avenue and the date the meeting will be scheduled. From: Cindy.]ackson@cityofdenton.com To: rodtaylor@hotmail.com Date: Fri, 11 Sep 2009 15:54:59 -0500 Subject: Staff report part 1 Here is part 1 of the staff report. Cindy 7ackson, AICP Planning Supervisor City of Denton Phone: 940.349.8351 Fax: 940.349.7707 Your E-mail and More On-the-Go. Get Windows Live Hotmail Free. Sign up now. Lux at Bell Avenue Proposed Development Historical Landmark Committee Review Submittal Version #5.0 Date 8/10/09 Project Plan Created by: Rod Taylor Business Name: Point Services, LLC Phone Number: 404.414.0716 Proposed Project Name: Lux at Bell Avenue Development Project RFA09-0002 And Z09-0003 Bell Avenue Development Project 1 Executive Summary 1.1 Overview Based on the signed letter of intent between Luxe at Bell Avenue, LLC and Point Services, LLC dated October 15, 2008. Point Services, LLC is submitting an application for the proposed development to include: alley abandonment, re-zoning, re-platting, relocation of a sewer inlet on Bell Ave. and construction of six (6) Duplexs to be named "Lux at Bell Avenue." The proposed site for the above development is Campbell Block 2, Lots 4, 5, 6, 7, 1, N. H. Meisenheimer AB 811; PLAT 198/1891804,1812, Bell Avenue, Denton Texas is identified in Exhibit A (See Exhibit A: Old Recorded Plat and M: Property Description). In addition, the proposed site boundary survey is identified in Exhibit B (See Exhibit B: Current Boundary Survey) Property IDs 24777, 24792 and 34181 to include an existing alley easement to be requested to be abandoned. The proposed use of the Duplex is to rent to college students and Denton Citizens. The exterior esthetics will be designed within the guidelines of the Bell Avenue Historic Conservation District requirements, Denton Planning and Zoning ordinances. The interior will bring a luxury esthetic with engineered hardwood floors, granite counter tops, industrial grade carpet, wood raised panel cabinetry, the floors and furniture vanity. The Landscape will be professionally designed. Traffic flow will enter and exit the property from Bell Avenue and will also flow in one direction to exit onto the frontage road leading back to E. University -Hwy 380 (See Exhibit D: Proposed Site Plan). The current single family residential zoning for the proposed three lots is a bit unrealistic based on the six lane E. University Hwy. 380 running adjacent to this property. There are two high rise TwU dorms tower just across the street. Adequate funding from Denton lending institution has been confirmed to be impossible to build a single family residence on this property. In addition, previous attempts to rezone this property to commercial retail have failed for very good reasons. The only other possible zoning that would meet the current esthetics of the Bell Avenue Historic Conservation District and allow for a profitable investment venture is to pursue Duplex dwellings. The architecture esthetics of the proposed design has borrowed from the existing and most celebrated historical appeal that Bell Avenue has to offer. As the below stake holders, we hope to add to that appeal and become the cornerstone gateway to Historical Bell Avenue. 1.2 Stakeholders/Owners Historical Landmark Committee Review Submittal 2 Project Name Lux at Bell Avenue Development Project Date: 05128109 Bell Avenue Development Project Rod Taylor: Developer, Builder and Owner Ph. 404.414.0716 rodbtaylor@gmail. com DeCarlo Noble: Owner Ph. 940.390.2392 2 Project Definition 2.1 Scope Statement The scope of this project is to construct Six (6) Duplexs and 31 parking spaces on the North East corner of Bell Ave. and E. University Dr. -Highway 380 (Exhibit C: Photo of Bell Avenue and E. University -Hwy 380). Each duplex unit will be 1,500 square feet on two stories with 3 bedrooms, 3 bathrooms, living area, loft area, dining area, Kitchen and Laundry room. The Proposed site plan configuration of the duplex buildings and parking spaces are shown in Exhibit D (See Exhibit D: Proposed Site Plan). In addition, a Denton City approved park grade play ground will be installed at the park on the Northeast corner of Frame Street and E. University Dr. (Hwy. 380). All cost will be covered by the Lux at Bell Avenue Development. The exterior of all buildings will have a combination of brick and Hardy board siding. The roof of each building will compose of charcoal and brown composite tile. The color of the siding will consist of earth tones. Samples of exterior finishes can be provided upon request. 2.2 Proposed Development Deliverables ➢ Entrance: Ingress to the property will be only from Bell Avenue. The existing curb cut will need to be widened when entering the property from Bell Avenue shown in Exhibit L Photo of entrance to be expanded to accommodate emergency vehicle ingress and egress. Also see Exhibit D: Proposed Site Plan ingress measurements. ➢ Exit: Widen the existing curb cut when exiting the property onto the access road to E. University -Hwy 380 as shown in Exhibit D: Proposed Site Plan) and Exhibit H: Photo of exit to be expanded to accommodate emergency vehicle egress. Historical Landmark Committee Review Submittal 3 Project Name Lux at Bell Avenue Development Project Date: 05128109 Bell Avenue Development Project ➢ Utility Meters: One utility meter to be installed on each Duplex for each service. ➢ Buildings 1- 5: Construct six (6) Duplex buildings 39' (ft) wide x 40' (ft) deep with each unit being 19.5' (ft) wide x 40' (ft) deep and 23.5' high adjacent to Bell Avenue and facing E. University -Hwy 380 with as shown in Exhibit D: Proposed Site Plan, Exhibit K: Building Elevation ➢ Building 6: Construct one (1) building 40' (ft) wide by 40' (ft) deep with each unit being 20' (ft) wide by 20' (ft) deep and 23.5' high in the North East corner of the development facing the exit to the access road to E. University with 2 Duplex as shown in Exhibit D: Proposed Site Plan and Exhibit K: Building 6 Elevation Rendering ➢ Fire Protection: The Buildings are fire protected by the 2 existing fire hydrants along the South property line and the North ROW line of Hwy 380. And also by the proposed fire hydrant in the proposed easement in front of building 6. Exhibit D: Proposed Site Plan ➢ Sign: Construct a "Lux At Bell Avenue" sign midway of the property facing E. University -Hwy 3 80 centered between lot 2 and 3 within the building line. The sign will be approximately 4 ft tall and 10 ft wide constructed of brick with a smooth stone face. The sign will read, "Lux at Bell Avenue." See Exhibit D: Proposed Site Plan ➢ Mail Boxes: Mailboxes for the entire development will be contained in a single metal box enclosure to be installed along bell avenue to allow the mail carrier reasonable access. (See Exhibit D: Proposed Site Plan to identify location). ➢ Traffic Flow: Install means of egress and ingress for two direction traffic flow to and from Bell Avenue to 24 parking spaces. In addition, install one direction means of egress to an alley accessing E. University Dr. (See Exhibit D: Proposed Site Plan for entrance and exit). ➢ Lighting: Common lighting in the parking lot and walkway area will be installed to direct light away from adjacent neighbors toward the proposed buildings and parking area. The height of the lighting will be no more than 15 feet high to avoid bright glares into neighboring property. Exhibit 0: Proposed Landscape Plan Historical Landmark Committee Review Submittal 4 Project Name Lux at Bell Avenue Development Project Date: 05128109 Bell Avenue Development Project Arborist: Refer to the tree survey and the landscaping. (See Exhibit D: Proposed Site Plan) Property Drainage: The project proposed grading will follow the existing grades and drainage flow. There is only 1.5 cfs (cubic feet per second) of drainage will be through the driveway to Bell Ave. and the rest of property drainage will be surface drain to the drainage system along the North curb line of Hwy. 3 80. (See Exhibit D: Proposed Site Plan to identify location). Storm Sewer Drain on Bell Avenue: Storm water sewer shown in the following exhibit (See photo of existing drain to propose relocating in Exhibit E) to be relocated north of the entrance per the Proposed site plan in Exhibit D: Proposed Site Plan. The new location of the storm water sewer inlet is based on the topographic survey contours showing the grade lower verses south of the entrance. In addition, the existing storm water inlet will be converted into a manhole. Landscape: The building front and back yard of the proposed development will have Bermuda grass installed. The building front porch, and around back door entrance will have ground covering hedging. Twenty One (21) new shade trees are to be installed. The proposed landscape design will be inspired by the photo in Exhibit F: Photo of Landscape to inspire proposed design. See Exhibit 0: Landscape Site Plan. Fence: An eight foot (8') fence will be installed along the North east neighboring property lines as identified in the Exhibit D: Proposed Site Plan. 8 Exhibit Historical Landmark Committee Review Submittal 5 Project Name Lux at Bell Avenue Development Project Date: 05128109 Bell Avenue Development Project C. Bell Avenue and E. University - H, %,%-y 380 See below- a Photo of the lot location: Appraisal Property IDs 24777, 24792 and 34181. N n nro;w 4,✓.F('Try ~,+LrR 1' ~i YY'l Y J 1t 3 r. + a ff X J Owr r ° ~d 8 Exhibit Historical Landmark Committee Review Submittal Project Name Lux at Bell Avenue Development Project Date: 05/28/09 Bell Avenue Development Project D. Duplex Proposed Site Plan: See attached Proposed Site Plan. Project Number: Z09-0003 8 Exhibit Historical Landmark Committee Review Submittal 7 Project Name Lux at Bell Avenue Development Project Date: 05/28/09 Bell Avenue Development Project E. Existing storm «ater inlet drain being proposed for manhole re-design and telephone pole to be relocated: 4 WRI 8 Exhibit Historical Landmark Committee Review Submittal 8 Project Name Lux at Bell Avenue Development Project Date: 05/28/09 Bell Avenue Development Project F. Photo of neighboring exterior landscape, windovsvs, structure color: eye ~ ~ M~ • • k'~ i 04 Its s 1, iaLV II ~ - WANo r ryv 8 Exhibit Historical Landmark Committee Review Submittal 9 Project Name Lux at Bell Avenue Development Project Date: 05/28/09 Bell Avenue Development Project G. Photo of hackberry trees and shrubs to be removed except for hard «ood trees: M ~I r i a t I . v err.. I 1 8 Exhibit Historical Landmark Committee Review Submittal 10 Project Name Lux at Bell Avenue Development Project Date: 05/28/09 Bell Avenue Development Project H. Photo of exit to be expanded to accommodate emergency vehicle egress: y~.r r ~~T rs a .w r E'• 5w t t r • Ik, r . :yip 8 Exhibit Historical Landmark Committee Review Submittal 11 Project Name Lux at Bell Avenue Development Project Date: 05/28/09 Bell Avenue Development Project L Photo of entrance to be expanded to accommodate emergency vehicle Ingress: ~Irlil ;1= 8 Exhibit J. Photo of historic esthetics to inspire proposed design: Historical Landmark Committee Review Submittal 12 Project Name Lux at Bell Avenue Development Project Date: 05/28/09 Bell Avenue Development Project Pillars on front porch: y~ f Y ~,T 14 3 8 Exhibit J. Photo of historic esthetics to inspire proposed design: (Continued) Historical Landmark Committee Review Submittal 13 Project Name Lux at Bell Avenue Development Project Date: 05/28/09 Bell Avenue Development Project Front door overhead: 9 -41 8 Exhibit J. Photo of historic esthetics to inspire proposed design: (Continued) Historical Landmark Committee Review Submittal 14 Project Name Lux at Bell Avenue Development Project Date: 05/28/09 Bell Avenue Development Project Front door overhead: 0 ba _ I v 111:~ Is 1 8 Exhibit K. Proposed Building Elevation Renderings: Historical Landmark Committee Review Submittal 15 Project Name Lux at Bell Avenue Development Project Date: 05/28/09 Bell Avenue Development Project 8 Exhibit L. Site Elevation Renderings: (Vie« from E. University Rd. / H«y 380) Note: The belo« redendering only depicts the image of t« o out of the six elevations submitted for approval. The purpose of the rendering is to provide a mere visual depiction of the proposed development. i rw 1 7 1l I V I M.« I 8 Exhibit 0. Landscape Site Plan: Historical Landmark Committee Review Submittal 22 Project Name Lux at Bell Avenue Development Project Date: 05/28/09 1 DRAFT Minutes DRAFT 2 Historic Landmark Commission 3 September 14, 2009 4 5 After determining a quorum was present the Historic Landmark Commission of the City of 6 Denton held its regular meeting at 5:33 p.m., in the City Council Chambers, located at 215 E. 7 McKinney Street, Denton, Texas, 76201 at which time the following items were considered: 8 9 PRESENT: Donna Morris, Peggy Capps, Kevin Roden, Craig Thomas, Diane 10 Crew, and David Wright . 11 12 ABSENT: Karen DeVinney 13 14 STAFF MEMBERS: Kurt Hansen, Building Official, Katia Boykin, Neighborhood 15 Planner, John Knight, Deputy City Attorney, Cindy Jackson, 16 Planning Supervisor, and Jennifer Bellar, Administrative Assistant 17 III 18 19 2 0 1. Call to order 21 2 2 The meeting was called to order at 5:32 p.m. 23 2 4 CONSIDER APPROVAL OF THE HISTORIC LANDMARK COMMISSION MINUTES 2 5 OF: 26 2 7 A. August 10, 2009 meeting. 28 2 9 Capps stated that on Page 2, Line 18 it should be "Andersen" windows and on Page 3, Line 43 3 0 the word should be `shutters' not `structures'. Capps continued that on Page 4 Lines 12 and 15 31 the last name of the person speaking should be spelled Naurgher. Wright questioned Page 9, 3 2 Lines 7 thru 9, stating that it was his understanding that fences were considered landscaping from 3 3 an email he received earlier in the year from Jackson. Jackson clarified that fences are 3 4 considered hardscaping and that the issue was clarified for her after that email was sent. Morris 3 5 moved approval of the minutes with a second by Crew. Motion approved (7-0). 36 3 7 2. PUBLIC HEARINGS: 38 3 9 A. Hold a public hearing and consider approval of a Certificate of Appropriateness to extend 4 0 a driveway and add gutters on a property located at 2200 Houston Place. The subject 41 property is located within the West Oak Historic District. (COA09-0001) 42 4 3 Jackson informed the Commission that tracking numbers are now being assigned to projects. 4 4 This application is the first to have such a number and explained the significance: COA 4 5 (Certificate of Appropriateness), 09 (Year the Application was Received), a hyphen separator 4 6 and the number of the Application. 47 1 1 The applicant is requesting a Certificate of Appropriateness to add gutters to the residence and to 2 extend the driveway toward the rear of the lot located at 2200 Houston Place. The applicant has 3 provided a plot plan which indicates the proposed location of the driveway extension. The 4 applicant is also requesting approval for the provision of gutters along the roof line of the house. 5 6 There were 19 Certified Notices of Public Hearing mailed to addresses within 200 ft of the 7 subject property and 58 Courtesy Notices of Public Hearing mailed to addresses within 500 ft of 8 the property. At the time of the meeting, one response in favor, zero in opposition and zero 9 neutral responses have been received. 10 11 Staff recommends approval of this request. The applicant did not wish to speak. No one present 12 to speak in favor or opposition. No questions from the Commission. Wright motioned approval 13 of the Certificate of Appropriateness with a second by Roden. Motion approved (7-0). 14 15 B. Hold a public hearing and consider approval of a Certificate of Appropriateness for new 16 development located at the northeast corner of N. Bell Avenue and E. University Drive. 17 The subject property is located within the Bell Avenue Conservation District. (COA09- 18 0002, Lux at Bell Ave) 19 2 0 Jackson stated the applicant is requesting a Certificate of Appropriateness (CoA) to construct a 21 residential development which will include six (6) duplexes located at the northeast corner of the 2 2 intersection of N. Bell Avenue and E. Unlverslty Drive (U.S. 380). 23 2 4 The site currently consists of three undeveloped lots, one of which is located within the Bell 2 5 Avenue Conservation District. The applicant is proposing a total of six duplex units (a total of 2 6 twelve dwelling units), all of which will face University Drive. Since one of the lots is located in 2 7 the Bell Avenue Historic Conservation District, all of the lots in the proposed development shall 2 8 comply with the requirements of the district. 29 3 0 In addition to applying for this CoA, the applicant has also submitted an application to rezone the 31 property to Neighborhood Residential Mixed Use 12 (NRMU-12) and abandon the alleyway 3 2 which traverses the site from north to south. If the Commission approves this request for a CoA, 3 3 the applicant's request to rezone the site will be scheduled for the October 21, 2009 Planning and 3 4 Zoning Commission meeting. 35 3 6 There were 18 Certified Notices of Public Hearing mailed to owners of property within 200 ft of 3 7 the subject property and 59 Courtesy Notices of Public Hearing mailed to addresses within 500 ft 3 8 of the subject property. As of the meeting, one response in favor, and fourteen responses in 3 9 opposition to the CoA request have been received. Additional responses were received at the 4 0 meeting and speakers were cued for the Public Hearing. 41 4 2 Each proposed dwelling unit will be two stories in height and have an area of 1,500 square feet. 4 3 In designing the exteriors of the six duplexes, the applicant has incorporated the architectural 4 4 features of some of the homes located in the Bell Avenue Conservation District. Some of the 4 5 features which have been incorporated into the design include pillars/columns on front porches, 4 6 details over the front doors, rooflines, and dormer windows. The exterior of the buildings shall 4 7 consist of a combination of brick and Hardie board siding. 2 1 2 The applicant is proposing the following colors for the exteriors of the buildings: 3 • Building 1 -Soft or light olive color siding with Highlander brick face color (olive, red 4 an rown) mix. 5 • Building 2 -Ginger ale or champagne color siding with Mocha Brown brick face color 6 (deep brown). 7 8 • Building 3 -Deep tan color siding with Ole Orleans brick face color (red with small 9 white chips). 10 11 • Building 4 -Light brown color siding with St. Andrews 2 brick face color (reddish 12 brown). 13 14 • Building 5 -Light peach color siding with Cumberland Pass brick face color (tan). 15 16 • Building 6 -Vanilla color siding with Highlander brick face color (olive, red and brown) 17 mix. 18 19 The trim for all buildings will be painted in a cream pearl color. The applicant has brought 2 0 sample boards displaying the proposed building materials to the meeting. 21 2 2 Subsection 35.7.10.5 of the Bell Avenue Historic Conservation District establishes the 2 3 architectural regulations for the district. They are as follows: 24 2 5 A. Main Building. Main buildings must be compatible in scale with structures 2 6 existing in the district. 27 2 8 B. Accessory Buildings. Accessory buildings which are visible from any public 2 9 street, other than an alley, must be compatible with the scale, shape, roof 3 0 form, materials, detailing, and color of the main building. 31 3 2 C. Architectural Detail. Materials, colors, structural and decoration elements and 3 3 the manner in which they are used, applied or joined together must be 3 4 compatible with nearby and adjacent structures. 35 3 6 D. Additions. All additions to a building must be compatible with the dominant 3 7 horizontal or vertical characteristics, scale shape, roof form, materials, 3 8 detailing and color of the existing building. 39 4 0 E. Color. Colors of all structures must be complementary to each other and the 41 overall character of the main building. 42 4 3 F. Facade Materials. The only permitted facade materials will be brick, wood 4 4 siding, wood, stone and stucco. Artificial facsimiles of these materials will 4 5 have to be considered on a case by case basis. 46 4 7 G. Historic architectural elements of the facade are to be preserved if they are 3 1 still historically accurate at the time of the creation of the district. 2 3 H. Roof Material and Colors. Roof materials and colors must complement the 4 style and overall scheme of the structure. 5 6 7 The proposed elevations meet these guidelines. In accordance with Section F, Facade Materials, 8 the Commission will need to determine whether or not the use of Hardie board is appropriate in 9 this instance. Given the fact that this is new construction and the facades which will face 10 University Avenue will be comprised of brick, and that fact that the hardie board will appear 11 similar to wooden siding on houses in the Bell Avenue Historic Conservation District, staff feels 12 that the use of Hardie board in this instance is appropriate. 13 14 The majority of the screening along the northern property boundary will be comprised of a 15 landscape screen. The northeast corner of the site will be screened with an 8-foot wooden fence. 16 17 Roderick B Taylor 18 13 00 Apache Trail 19 Corinth, Texas 20 21 Taylor stated that he brought with him to the meeting physical examples of the construction 2 2 materials to be used and offered the Commission and anyone in attendance to view them. Taylor 2 3 stated that after reading through some of the comments received on this project the design has 2 4 been modified to address those concerns. The residents in the Bell Avenue Conservation District 2 5 have had input on the design since the first neighborhood meeting and changes have been made 2 6 to the facade. Taylor stated he felt that rather than working with him, the residents of the District 2 7 are totally against any development on that lot. Taylor stated that the samples and site elevations 2 8 provided are to show that he has done everything that he possible could, but he still felt some 2 9 residents of the District were still against him. Taylor stated that he can continue to work with 3 0 those opposed to come to an agreement. 31 3 2 Taylor also stated that alternate colors were provided as well and he is willing to take opinions 3 3 and feedback on materials. In terms of the HardiPlank siding, Taylor stated he is willing to use 3 4 wood siding, however, he uses the best, most resilient materials to keep the value of the property. 3 5 Longevity of wood siding raises concerns, but if this Commission feels it is best to use wood, he 3 6 would do that as well. 37 3 8 Gary Hayden 3 9 2106 N. Bell 40 41 Hayden stated he lived in Denton for the last 10 years and worked in toiling and representing to 4 2 the City the architectural style significant homes in the Conservation District. Hayden stated at 4 3 that time the neighborhood learned that the homes would be safe from further intrusion by this 4 4 type of development. This is one of three HCA's in Texas. One developer has built in this 4 5 District. This group inventoried the architectural and landscape styles in the district and attended 4 6 neighborhood meetings. Jay Thomas approached the neighborhood on his own initiative and 4 7 wanted his development to blend in with our neighborhood. Thomas used materials from the 4 1 1920's era. The houses are all owner occupied. The Thomas development was awin-win for 2 sure. These houses enjoy the neighborhood now. There can be business with historical 3 stewardship. Shortly after the Thomas developments the neighborhood was accepted as a 4 Conservation District. The City and the citizens did the work. 5 6 Pat Gulley 7 2006 N. Bell 8 9 Gulley stated the current plans do not meet requirements outlined in Subchapter 3 5.7.6 of the 10 Denton Development Code, items 1 thru 9. Gully stated that these plans do not enhance the area 11 as a person drives through the District. The first thing a person sees is a parking lot that faces the 12 District. Gulley continued that the parking lot is for 24 automobiles and those cars would enter 13 and exit from Bell Avenue. With the number of proposed units at 3 bedrooms/2 bathrooms, one 14 would assume that the minimum of 36 parking spaces. Gulley stated that she would like to see 15 more parking available and that the orientation should face to the neighborhood. 16 17 Brandt Davis 18 1902 N. Bell Avenue 19 2 0 Davis read a statement he prepared for the Commission. Davis stated he is strongly opposed to 21 the proposed development in the Bell Avenue Conservation District. Homes in the District span 2 2 from 1878 through the early 1970's. One home was built in 1910 with many others built during 2 3 the 1920's, 30's and 40's. The homes in the District are architecturally diverse and unique. The 2 4 proposed development is massive in scale compared to the homes in the District. 25 2 6 Carrie Ettredge 2 7 605 Woodland Street 28 2 9 Ettredge stated she is opposed to this request. There is only a Oft chain link fence that separates 3 0 her property from the proposed development. A development of this type calls for intense 31 lighting in the parking area. Parking area lights should not be obstructive and these lights would 3 2 be forever shining, glaring into the windows of the adjacent properties. Ettredge continued that 3 3 the signage for this development is not compatible. The entrance sign at 4 ft by 10 ft for `The 3 4 Lux' adjacent to the sign for the historic district would look like Vegas, ridiculous. Ettredge also 3 5 cited concerns for the safety of those along Woodland Street, which she feels is more important 3 6 that paint colors. This development could have an impact on the neighborhood. Parking is not 3 7 allowed on University Drive or Bell Avenue, so overflow parking would be on Woodland Street. 3 8 Ettredge stated that Woodland Street is 24 ft wide and the average car is 6 ft wide with side 3 9 mirrors and the street has a steep hill. It would only be a matter of time before a head on 4 0 collision would occur. Numerous cars parked along that street would create unsafe conditions 41 and impede police and fire vehicles from safe passage. Ettredge concluded that this concerns the 4 2 safety of the citizens. 43 4 4 Angela Stripling 4 5 1815 N. Bell 46 4 7 Stripling stated she was opposed to this request due to the traffic that it would result in. The 5 1 Texas Department of Transportation has said that they will not allow the entrance and exit onto 2 University Drive; it will have to be on Bell Avenue. This would hinder emergency response 3 time. In the morning getting out of the driveway is already a problem. There is a huge oak tree 4 that the City has curbed along Bell Avenue. There was an article at one point in the North Texas 5 Daily that it was possible the City would widen Bell Avenue and the only way to do that would 6 be to take out trees. That would take out what she and others have tried to conserve in the 7 District. Stripling stated that this would take away from the District and make into a more 8 commercialized area. Instead of looking out across the street at an empty lot, she would be 9 looking at a parking lot and lights. Stripling stated she really likes her trees and the City did as 10 well, that is why they are curbed. Stripling finished that she does not thing it right for the 11 District to give into this. 12 13 Ernie Stripling 14 1815 N. Bell Avenue 15 16 Stripling stated that his house is next door to the Gertrude Gibson house; a house that was 17 developed and thought of by O'Neill Ford. Stripling stated that the Commission is sitting in an 18 O'Neill Ford building. O'Neill Ford considered Denton his second home. The chapel at TWU is 19 also an O'Neill Ford design. Stripling stated he believes that if O'Neill Ford were present to 2 0 speak on this development he would ask the Commission why would they create the 21 Conservation District if they were going to commercialize it. Stripling stated he has put a lot 2 2 into his home, the Kimbrough home, has lived there for 3 years and has restored it to what he 2 3 hopes he [Kimbrough] would have been happy with. 24 2 5 Brian wheeler 2 6 1823 N. Bell 27 2 8 wheeler stated he would like to address improvement in property value. He believes the ratio of 2 9 owner occupied to renter occupied shift will increase the population of the Conservation District 3 0 and more than 30% would then be renter occupied. Rental properties are more likely to be 31 vacant. Wheeler also stated that he has seen 136 commercial foreclosures this year and many of 3 2 them were commercial residential properties, like this one. 33 3 4 Aimee Smith 3 5 1807 N. Bell Avenue 36 3 7 Smith stated she lives directly across from the proposed development and is strongly opposed to 3 8 it. Smith stated she thinks it is great that the applicant has tried to design the facade of the 3 9 structures to fit the neighborhood, but what would face the neighborhood are driveways and 4 0 dumpsters. The applicant has stated he will plant trees and shrubs to block that view, but it will 41 take several years for those to reach a maturity level to block that view. Smith also stated that 4 2 the traffic along Bell Avenue is already heavy and this proposed development will only make 4 3 that worse. Smith finished by stating please don't add to the problem. 44 4 5 Debra Conte 4 6 2106 N. Bell Avenue 47 6 1 Conte stated she is also the property owner of 2019 and 2021 N. Bell Avenue. 2 3 Conte referred to the Historic Conservation District Guidelines from the Denton Development 4 Code. Conte stated that the first non-compliance is with the zoning regulations quoting 5 Subchapter 35.7.10.8.A. as it relates to new construction in the Bell Avenue Conservation 6 District: "design shall be compatible with the historic, cultural, or architectural character of the 7 area. The design shall promote the existing spatial and visual qualities in the historic 8 conservation district, including height and scale of buildings or structures, orientation, set back, 9 spacing, site coverage, and exterior." Conte stated that this applicant is also proposing rezoning 10 the area to Neighborhood Residential Mixed Use 12 (NRMU-12) zoning which is for a large 11 apartment complex. The proper zoning for a development of this type appears to be NRMU-6 12 for duplexes, but what it has to do with is compliance to ratio. Basically, when the current 13 houses in the District have a structure to land ratio of 15% and on this project there are main 14 buildings and add impervious surfaces to that, this development would be 52.2% out of line with 15 the area. Conte also stated that all of the buildings on the block face Bell Avenue; however, this 16 development's orientation is to face every direction but south toward the District. Conte 17 summarized that the application is out of compliance by zoning, land to ratio percentages, multi- 18 residential and use of HardiPlank. 19 2 0 Anita Cowan 21 602 Woodland 22 2 3 Cowan stated she also owned the properties at 1826 and 1828 N. Bell. 24 2 5 Cowan stated that all of her properties were within 200 ft. of the proposed development and she 2 6 is not in favor of it. Cowan stated she would skip her first two arguments as those were covered 2 7 earlier. The lighting plan is not compatible with that of the Conservation District Guidelines. 2 8 The District does not have any lights that are obstructive to surrounding buildings. Cowan 2 9 continued that with multiple buildings that the applicant proposes would create lighting trespass; 3 0 lighting that shines into other peoples residential properties. Cowan also stated concern for 31 narrow Woodland Street stating there are 8 residences within 200 ft of this proposed 3 2 development. Cowan referred to Ettredge's mention of the width of that street. With any 3 3 overflow parking from this proposed development the people who live on Woodland would have 3 4 difficulty backing out of their own driveways; it would be hazardous at best. Some websites that 3 5 tout that multi-user housing would stimulate walking or bike riding, which would not be so with 3 6 this proposed development. It is not likely at that particular intersection [University Drive and 3 7 Bell Avenue]. Cowan stated she doubted that anyone present at this meeting would bike down 3 8 University Drive because there are no dedicated bike lanes or sidewalks, it is a dangerous street 3 9 to use a bike on and it is dangerous to cross. 40 41 Capps read the remaining cards and comments submitted at the meeting. 42 4 3 Eric Mach 4 4 2043 Scripture 45 4 6 Mach questioned why the previous applicant had to come before this Commission to add gutters 4 7 and extend a driveway. Capps responded it is because the house is located in the West Oak 7 1 Historic District. Certificates of Appropriateness are required and changes like that have to be 2 approved by this Commission. Mach stated that the process seems excessive for someone who 3 pays property taxes. 4 5 Capps gave the floor to the applicant, Taylor, for rebuttal. 6 7 Taylor stated that he was taking notes of the comments made at the meeting and that the citizens 8 have made a lot of great points. Some of these issues have been brought out in the neighborhood 9 meetings which strongly influenced the design proposed. Initially there were 32 parking spaces, 10 but there were complaints that that was too many, so it was reduced to 24 parking spaces, and 11 then there were complaints that that was not enough parking spaces so it was brought back up to 12 30 or 32 parking spaces. Taylor stated he has made adjustments to the development and, 13 addressing an earlier comment about a curbed heritage tree along Bell Avenue, does not intend to 14 remove or harm that tree. Taylor stated he is a `tree-hugger' himself and is taking into 15 consideration the neighborhoods feelings about the District. Taylor also stated that the sizes of 16 the buildings are in scale with the other homes on Bell Avenue. Taylor stated he would be more 17 than happy to make counter measures and show how the proposed development is within the 18 limits of what the District has laid out for this community. 19 2 0 Taylor stated that banks will not fund residential, single-family development on that property 21 because it is located on a very busy street, so that is pushing the multi-family development. 2 2 Taylor stated he is working with City and with the input of the neighborhood with due diligence. 2 3 The neighborhood comments of opposition have been put into what the Commission is 2 4 reviewing. Taylor stated that he hopes the Commission can see that, as much as he possibly 2 5 could, incorporates and celebrates the architecture that is in the District now. Taylor continued 2 6 that there are currently a significant amount of rental properties within the District exampling the 2 7 house on the corner of University and Bell that houses 6 students. Taylor also stated that Conte 2 8 owns two properties that are rental properties in the District. Rental properties are nothing new 2 9 to this area. 30 31 Capps opened Commission discussion. Wright questioned if these duplexes, which require re- 3 2 zoning several levels up, would be sold individually or held as lease property. Taylor stated they 3 3 would be lease property. Wright questioned the location of the 4 ft by 10 ft sign. Taylor stated it 3 4 will not be located on Bell Avenue next to the Conservation District sign as had been mentioned 3 5 earlier. The sign will be on University Drive, in the center of the property. It will be visible 3 6 from University Drive, not Bell Avenue. It will be about 200 ft from the corner of Bell Avenue 3 7 and University Drive. Taylor also stated he was not sure on the dimensions of the sign, but he 3 8 did review the sign code and it is within the requirements for signage along University Drive. 39 4 0 Roden requested Taylor to discuss why the orientation is on University Drive and not Bell 41 Avenue. Taylor stated that that was from the City, and that is what drove the site configuration. 4 2 Taylor stated he met with the Director of Planning and Development and several different 4 3 officials with what was the City's most ideal site configurations for lots of this size to get 4 4 guidelines and feedback. The current configuration was derived from those meetings. Wright 4 5 questioned the house that is on the north side of the parking lot stating he was not real clear if 4 6 there was a barrier between the parking lot and the residential structure. Taylor stated that there 4 7 is a natural vegetation barrier of shrub that starts about 6 or 7 feet in from the curb on Bell 8 1 Avenue and it continues along the entire backside of the property. It is approximately 1 o to 12 ft 2 wide and about 10 ft tall. His intention is to prune it for beautification, but to keep the overall 3 size and shape the same. Taylor stated the City initially was requiring an 8 ft fence, but after 4 meeting with the adjacent property owner it was decided to keep the shrubbery with minor 5 pruning and removing a few rotted trees. The adjacent property owner does not want to agitate 6 the root structure so we decided to maintain the existing shrubs. Wright questioned the location 7 of the fence he read about. Taylor stated that would run along the east side of the property. 8 Wright questioned if Taylor was open to any structures to face Bell Avenue or if it was even 9 feasible. Taylor questioned if Wright meant as an alternate to the current site plan, he could 10 investigate that, but he did not have a site plan indicating that scenario currently. Wright stated 11 that he did like what the applicant had, a lot of work went into the architectural details and he 12 applauds Taylor for putting in that effort. 13 14 Capps closed the public hearing. Wright commented that there are several issues that everyone 15 present for the meeting is in opposition to, however, it seemed there were a lot of points raised in 16 the orientation of the structures because they do not face the Conservation District, insufficient 17 parking, overflow parking onto Woodland Street, emergency response vehicle time because of 18 that and orientation of the property as well. All of this can basically be summed up as density 19 issues, but Wright doesn't think that anyone was opposed to the architectural issues, density is 2 0 causing all of this. Capps requested to view the slide of the plat to show that only a portion of 21 the property was within the Conservation District. Jackson brought the slide back up for review. 2 2 Capps questioned a portion on the plat that Jackson indicated was Right-of Way. Capps stated 2 3 that it was her understanding that the Conservation District was from University Drive, down 2 4 Bell Avenue, that is not what is indicated on the map. Jackson stated she would review it. 25 2 6 Capps requested that Jackson refresh the Commission on the current zoning of the property. 2 7 Jackson stated that everything in the dark yellow was Neighborhood Residential 4 (NR-4) and 2 8 the light yellow was Neighborhood Residential 3 (NR-3) stating that the numbers referred to the 2 9 allowable density. Capps stated that that would mean that no more than 4 or 3 single family 3 0 structures per acre and questioned Taylor the size of the lot. Taylor responded the lot size is a 31 little over 1.2 acres. Crew stated she still had a problem with the parking facilities and did not 3 2 know how the applicant would change that. Crew made a motion to deny this Certificate of 3 3 Appropriateness with a second by Morris. 34 3 5 Wright questioned Jackson, as the property is currently zoned, what is the maximum size a 3 6 structure could be. Jackson stated that there are duplexes currently on the street. Capps stated it 3 7 is not true and that the entire District is NR-3 or NR-4, there is not zoning for duplexes in the 3 8 District. Wright stated that while he sympathizes with the applicant he has a hesitation about the 3 9 density of the project with over 50% being painted or covered in some way. Roden stated, just 4 0 for the sake of the audience, the next steps for the applicant. Jackson stated that the rezoning 41 will move forward to the Planning and Zoning Commission to re-zone the property. If the CoA 4 2 is denied by this Commission, then the applicant has an opportunity to appeal to City Council. 4 3 Knight stated the applicant would have 1 o days to file the appeal. 44 4 5 Capps expressed thanks to Taylor for the work he has done, and stated that the duplexes are very 4 6 lovely and in another area of the City they would be a welcome and beautiful addition. Capps 4 7 stated that Taylor's efforts do not meet, in her opinion, the criteria for this District. Capps 9 1 confirmed that there are rental properties in the District and houses that were built in the 1970's, 2 those were the biggest catalysts in creating this District. Capps stated in her opinion, in no way 3 does this development meet the qualifications of this District stating it was her understanding 4 that the applicant was going to ask for NRMU-12 zoning, although, she would trust what is being 5 presented here, if another person were to develop that property it could be a lot more dense. 6 Capps also stated it was disappointing that nothing was facing Bell Avenue and that she had a 7 problem with the parking and the lighting. Capps continued that she knows what the applicant is 8 planning to build would be primarily for students, even though there are 3 bedrooms per unit, 9 there are 36 possible tenants. Capps recounted that she lives adjacent to a rental property that 10 houses students and picked up 18 beer bottles just prior to leaving for the meeting this evening. 11 Capps stated that City Code would allow for 4 people to live in those units, so there could be 42 12 residents. Capps summarized the reasons for denial as: parking lot lighting, parking overflow and 13 density. Motion carries to deny the Certificate of Appropriateness (6-0). 14 10 This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: October 6, 2009 DEPARTMENT: City Manager's Office CM: George Campbell, City Manager SUBJECT Consider nominations/appointments to the City's Boards and Commissions. BACKGROUND The following boards/commissions require nominations: Historic Landmark Commission - a nomination from Council Member Watts and an "All" position for the entire Council. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:1City SecretarvlBoards & CommlA~enda Info Sheet for Vacancies 10-6-09.doc  .j j 4-~,