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January 12, 2010 Agenda
AGENDA CITY OF DENTON CITY COUNCIL January 12, 2010 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, January 12, 2010 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.Requests for clarification of agenda items listed on the agenda for January 12, 2010. 2. Receive a report, hold a discussion, and give staff direction regarding City of Denton’s Purchasing procedures. 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 Attorneys – Under Texas Government Code, Section 551.071. 1. Discuss and deliberate the status of mediation efforts regarding several issues involved with the Range Resources/Range Operating/Stroud Energy/Dan Hughes 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 City of Denton, Texas, Plaintiff v. Range Resources Corporation, Range Operating Texas, LLC, Stroud Energy, Ltd., and Dan A. Hughes Co, Cause No. 2008-19218-16, th Defendants, pending in the 16 Judicial District Court in and for Denton 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 or 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- City of Denton City Council Agenda January 12, 2010 Page 2 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 DART or 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. C. Consultation with Attorneys – Under Texas Government Code, Section 551.071. 1. Consultation, discussion, deliberation, and receipt of information from the city’s attorneys involving legal matters relating to possible annexations of property into the City of Denton where 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 (THE TEXAS OPEN MEETINGS ACT) ON ANY AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET SEQ. 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 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 ïò ÐÔÛÜÙÛ ÑÚ ßÔÔÛÙ×ßÒÝÛ A. U. S. Flag B. Texas Flag “Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and indivisible.” îò ÐÎÑÝÔßÓßÌ×ÑÒÍñÐÎÛÍÛÒÌßÌ×ÑÒÍ A.Proclamations/Awards City of Denton City Council Agenda January 12, 2010 Page 3 íò ÝÑÒÍÛÒÌ ßÙÛÒÜß Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – R. This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A – R below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A.Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Festival Foundation for supplemental funding for the Arts and Jazz Committee for the 2010 Denton Arts and Jazz Festival; providing for the expenditure of funds therefor; and providing for an effective date. ($1,750) thnd B. Consider adoption of an ordinance approving Denton’s 111 Congress, 2 Session Congressional Priority Project requests; and declaring an effective date. C.Consider adoption of an ordinance of the City of Denton, Texas, authorizing the expenditure of funds to pay the Denton Central Appraisal District (DCAD) the City of Denton’s portion of the budget allocation in an amount not to exceed $365,311.52; and providing an effective date. D.Consider approval of a resolution allowing the Denton Rotary Club to be the sole participant allowed to sell alcoholic beverages at the Rotary Club Mardi-Gras Celebration on February 13, 2010, 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 recommends approval (5-0.) E. Consider adoption of an ordinance amending Article X, entitled “Municipal Setting Designations”, of Chapter 26, entitled “Utilities”, of the Code of Ordinances of the City of Denton, Texas, regarding the local rules adopted by the City of Denton for municipal setting designations, providing the application process for a municipal setting designation, the provision of notice to persons within the affected community, the deletion of insurance requirements, the prohibition of the use of groundwater in a municipal setting designation, the filing of deed restrictions in the official property records of Denton County, Texas; providing findings; providing for a penalty not to exceed $2,000 for violations City of Denton City Council Agenda January 12, 2010 Page 4 thereof; providing that a penalty shall be recoverable for each day a provision of this ordinance is violated, and each such violation shall be a separate offense; providing for a civil fine of not to exceed $1,000 per day for violations of this ordinance, together with other designated legal and equitable remedies that are available to the City; providing for a severability clause; providing for a savings clause, repealing all ordinances in conflict herewith; providing an open meetings clause; providing for city council approval thereof; providing for publication thereof; and providing an effective date. The Committee on the Environment recommends approval (3-0). F. Consider approval of a resolution of the City of Denton, Texas recognizing the necessity of protecting our limited water supply resources from pollution; endorsing the watershed protection as an urgent regional program for the county, cities, towns and utilities located in the watershed of Lewisville Lake; expressing the City’s intention to participate in watershed protection strategies to preserve and protect the environment and to safeguard the public welfare; providing for an effective date. The Committee on the Environment recommends approval (3-0). G. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of traffic signal hardware for the City of Denton Traffic Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 4431–Annual Contract for Traffic Signal Hardware awarded to the lowest responsible bidder for each item in the annual estimated amount of $200,000). H. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and Houston Galveston Area Council of Governments awarding a contract for the purchase of eight police sedans; providing for the expenditure of funds therefor; and providing an effective date (File 4459–Purchase of Police Sedans awarded to Philpott Ford Inc. in the amount of $159,761 and Dallas Dodge in the amount of $22,246 for a total award amount of $182,007). I. Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of a Altec Pressure Digger as awarded by the State of Texas Building and Procurement Commission (Contract TXMAS-3-23010); providing for the expenditure of funds therefor; and providing an effective date (File 4462–Pressure Digger for Denton Municipal Electric awarded to Altec Industries, Inc. in the amount of $195,164). The Public Utilities Board recommends approval (7-0). J. 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 Cooperative Purchasing Network for the acquisition of one Peterbilt 348 Dump Truck for Denton Municipal Electric by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4453–DumpTruck for Denton Municipal Electric awarded to Rush Truck Centers of Texas, LP in the amount of $113,780). The Public Utilities Board recommends approval (7-0). City of Denton City Council Agenda January 12, 2010 Page 5 K. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of asphalt and concrete street sections and repairs for Audra Lane; providing for the expenditure of funds therefor; and providing an effective date (Bid 3708–awarded to the lowest responsible bidder meeting specification, Jagoe-Public Company, in the amount of $409,575.50). L. Consider adoption of an ordinance of the City of Denton, Texas approving the purchase of two Life-Pak Defibrillators and associated supplies for the City of Denton Fire Department available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4464–Purchase of Defibrillators for Fire Department awarded to Physio-Control, Inc. in the amount of $69,585). M. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Ambulance Agreement between the City of Denton and Denton County for ambulance services; and declaring an effective date. N. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Fire Protection Agreement between the City of Denton and Denton County for fire protection services; and declaring an effective date. O. Consider adoption of an ordinance approving an Interlocal Cooperation Agreement (ICA) between the City of Denton and the County of Denton for the purpose of performing maintenance on certain roads. P. Consider adoption of an ordinance of the City of Denton, Texas approving a compromise settlement agreement between Range Resources and the City of Denton; authorizing the City Manager and the City’s Attorneys to act on the City’s behalf in executing any and all documents, and to take other actions necessary to finalize the settlement; and declaring an effective date. Q. Consider approval of the minutes of: December 1, 2009 December 8, 2009 December 11, 2009 R. Consider adoption of an ordinance of the City of Denton, Texas, approving the Tower/Ground Lease Agreement entered into by and between the City of Denton, Texas as lessee and Denton County, Texas, as lessor; authorizing the City Manager to execute said agreement; authorizing the City Manager’s authority to expend funds as are necessary to perform the agreement; and providing an effective date. City of Denton City Council Agenda January 12, 2010 Page 6 ìòÐËÞÔ×Ý ØÛßÎ×ÒÙÍ A. Hold a public hearing and consider adoption of an ordinance granting approval of an electric easement for a subsurface use of a portion of the Denton Branch Rail Trail approximately 260 feet north of Old Mayhill Road at Mile Post 725.1 in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of an electric easement and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (7-0.) B. Hold a public hearing and consider adoption of an ordinance granting approval of an electric easement for a overhead use of a portion of the Denton Branch Rail Trail approximately 600 feet north of Pockrus Page Road at Mile Post 725.58 in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of an electric easement and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (7-0.) C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Special Sign District Plan on approximately 4.17 acres, generally located at 201 S. Locust Street and platted as Lot 1R, Block 23, Old Town Denton Addition, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability and establishing an effective date (SD09-0001). The Planning and Zoning Commission recommends approval (7-0). D. Continuation of a public hearing on the Sale of the Denton Branch Rail Trail Corridor owned by the City of Denton to the Dallas Area Rapid Transit Authority (DART) for the purposes of reactivation of a rail line between Denton and Carrollton and consideration of an ordinance granting approval for the sale and transfer of the Denton Branch Rail Trail from approximately Mile Post 721.89 to Mile Post 729.5 for the purpose of a commuter railroad in accordance with Chapter 26 of the Texas Parks and Wildlife Code; and providing an effective date. E. Hold the first of two public hearings to consider and discuss, under the annexation procedures for areas exempted from the municipal annexation plan, the Involuntary Annexation, Service Plan and Non-Annexation Development Agreement for approximately 7,480 acres, located in the City’s Extraterritorial Jurisdiction (ETJ), Division 1, and provide staff appropriate direction. The proposed annexation is in multiple ownerships, and consists of fifteen (15) distinct areas, as presented in Exhibit 1. The 15 areas are identified and generally located as follows: øï÷ PAA1: 1,171 acres, located on the South side of Jim Christal Road; north øî÷ side of Tom Cole Road; west of Masch Branch Road; PAA2 South: 1,472 acres located on the South side of FM1173; north of W. University øí÷ Drive; west of I-35; PAA3: 1,075 acres, located on the South side of Ganzer Road; north and south of Barthold Road; north of FM 1173; west of øì÷ I-35; PAA4: 1,555 acres, located on the South side of Milam Road; north øë÷ of Loop 288; east of I-35; DH-1: 315 acres, located on the East of H. øê÷ Lively Road; south of FM 2449; west side of John Paine Road; DH-2: City of Denton City Council Agenda January 12, 2010 Page 7 258 acres, located on the South side of University Drive; west and east sides of Thomas J. Egan Road; north of Jim Christal Road; west of Masch Branch øé÷ Road; DH-3: 421 acres, located on the South side of Spring Side Road; øè÷ north, south and west of Corbin Road; west of I-35; DH-4: 347 acres, located on the East side of Bonnie Brae Street; west of Fort Worth Drive; east øç÷ and west of Vintage; DH-5: 307.11 acres, located on the East side of Fort øïð÷ Worth Drive; west of Country Club Drive; north of Bush Creek Road; DH-6: 9 acres, located on the East side of Teasley Lane; north of Hickory øïï÷ Creek Road; west of Lipizzan Court; DH-8: 29 acres, located on the øïî÷ West of Old Edwards Road; north and south of Edwards Road; DH-10: 87 acres, located on the South of East McKinney; east and west of Lakey øïí÷ Circle; DH-11: 388 acres, located on the Southeast of the intersection of øïì÷ Mayhill Road and McKinney Street; DH-13: 16 acres; located on the West of the intersection of N. Locust Street and Bobcat Road; south of øïë÷ Chaparral Road; and DH-14: 26 acres, located on the South side of Robinson Road; east of Teasley Lane. ëò ×ÌÛÓÍ ÚÑÎ ×ÒÜ×Ê×ÜËßÔ ÝÑÒÍ×ÜÛÎßÌ×ÑÒ A. Consider adoption of an ordinance approving an Advance Funding Agreement for a Project Using Funds Held in the State Highway 121 Subaccount in the amount of $57,689,189.00 between the City of Denton and the State of Texas for the widening and construction of Bonnie Brae Road from the Interstate Highway 35 East (IH35E) service road south to Vintage Boulevard, authorizing the City Manager or his designee to execute said Agreement on behalf of the City of Denton; and declaring an effective date. B. Consider adoption of an ordinance approving an Advance Funding Agreement for a Project Using Funds Held in the State Highway 121 Subaccount in the amount of $56,670,566.00 between the City of Denton and the State of Texas for the widening and construction of Mayhill Road from its intersection with Colorado Boulevard north to U.S. Highway 380 (University Drive), authorizing the City Manager or his designee to execute said Agreement on behalf of the City of Denton; and declaring an effective date. C. Consider adoption of an Ordinance approving an Interlocal Cooperation Agreement (ICA) in the amount of $11,537,838.00 between the City of Denton and Denton County Precinct No. 4 for the widening and construction of Bonnie Brae Road from the Interstate Highway 35 East (IH35E) service road south to Vintage Boulevard, authorizing the City Manager or his designee to execute said Agreement on behalf of the City of Denton; providing for the expenditure of funds; and providing an effective date. D. Consider adoption of an ordinance approving an Interlocal Cooperation Agreement (ICA) in the amount of $5,667,056.50 between the City of Denton and Denton County Precinct No. 1 for the widening and construction of Mayhill Road from its intersection with Colorado Boulevard north to U.S. Highway 380 (University Drive), authorizing the City Manager or his designee to execute said Agreement on behalf of the City of Denton; providing for the expenditure of funds; and providing an effective date. City of Denton City Council Agenda January 12, 2010 Page 8 E. Consider adoption of an ordinance approving an Interlocal Cooperation Agreement (ICA) in the amount of $5,667,056.50 between the City of Denton and Denton County Precinct No. 4 for the widening and construction of Mayhill Road from its intersection with Colorado Boulevard north to U.S. Highway 380 (University Drive), authorizing the City Manager or his designee to execute said Agreement on behalf of the City of Denton; providing for the expenditure of funds; and providing an effective date. F. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: a.) Bob Clifton regarding Fry Street. b.) Willie Hudspeth regarding concerns for Southeast Denton. 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 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 ___________________, 2010 at ________o'clock (a.m.) (p.m.) __________________________________________ CITYSECRETARY NOTE: THECITYOFDENTONCITYCOUNCILCHAMBERSISACCESSIBLEINACCORDANCE WITHTHEAMERICANSWITHDISABILITIESACT.THECITYWILLPROVIDESIGNLANGUAGE INTERPRETERSFORTHEHEARINGIMPAIREDIFREQUESTEDATLEAST48HOURSINADVANCEOF THESCHEDULEDMEETING.PLEASECALLTHECITYSECRETARY'SOFFICEAT349-8309ORUSE TELECOMMUNICATIONSDEVICESFORTHEDEAF(TDD)BYCALLING1-800-RELAY-TXSOTHATA SIGNLANGUAGEINTERPRETERCANBESCHEDULEDTHROUGHTHECITYSECRETARY’SOFFICE. AGENDA INFORMATION SHEET AGENDA DATE: January 12, 2010Questions concerning this item may be directed DEPARTMENT: Materials Management to Tom Shaw 349-7133 ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Receive a report, hold a discussion and give staff direction purchasing procedures. BACKGROUND Recently, the City Council requested that staff provide an overview of the purchasing procedures used by the City of Denton. Coincidentally, the Materials Management Department also recently completed a major rewrite of the Purchasing Procedures Manual in November 2009. As a result, staff would like to take this opportunity to provide the City Council with an overview of the purchasing manual and the various purchasing procedures that are followed by the City. Due to the volume and complexity of the information presented, the purchasing manuals were distributed to Council Members on December 31, 2009. The manual contains the following chapters: 1.Laws and Statutes Governing Purchasing 2.City of Denton Internal Purchasing Policies 3.Procurement Procedures 4.Informal Quotes 5.Formal Bids 6.Public Works projects 7.Procurement of Professional Services 8.Purchase Requisitions 9.Purchase Orders and Receiving 10.Payment Invoices and Transportation Charges 11.General Information 12.Disposal of Surplus Materials and Equipment The manual is intended to comply with the Charter of the City of Denton, the Code of Ordinances, the State of Texas Local Government Code Chapters 252 and 271, as well as best practices for the expenditure of public funds. The PowerPoint presentation (Exhibit 1) provides a brief overview of the key elements of the purchasing manual. In addition, local preference and cooperative purchasing agreements are discussed to address some Council questions that were received over the last few months. Agenda Information Sheet January 12, 2010 Page 2 EXHIBITS Exhibit 1: Purchasing Presentation Review Prepared by: Tom Shaw Purchasing Agent Respectfully submitted by: Bryan Langley Director of Finance 3 r ~ i f d `s f t i y t d ~ . 3311 \ t~ y 1j tt. f { } $ 3 IJI éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: January 12, 2010 DEPARTMENT: City Manager's Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Festival Foundation for supplemental funding for the Arts and Jazz Committee for the 2010 Denton Arts and Jazz Festival; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This- agreement allows for the total expenditure of $1,750 (Mayor Mark Burroughs, $250; Mayor Pro Tem Pete Kamp, $500; Council Member Charlye Heggins, $250; Council Member Dalton Gregory, $100; Council Member Chris Watts, $150; Council Member Jim Engelbrecht, $250 and Council Member Joe Mulroy, $250) from Council Contingency Funds. Key provisions of the agreement include: ■ Funds shall be used by the Foundation to provide financial assistance for funding of entertainment during the Arts and Jazz Festival. ■ In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from respective Council contingency fund accounts. Respectfully submitted: George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ ßÙÛÒÜß ×ÒÚÑÎÓßÌ×ÑÒ ÍØÛÛÌ ßÙÛÒÜß ÜßÌÛæ January 12, 2010 ÜÛÐßÎÌÓÛÒÌæ City Manager’s Office ÝÓñÜÝÓñßÝÓæ George C. Campbell, City Manager ÍËÞÖÛÝÌæ th Consider a resolution of the City of Denton, Texas, adopting the City of Denton’s 111 Congress, 2nd Session Congressional Priority Project requests; and providing an effective date. ÞßÝÕÙÎÑËÒÜæ Since fiscal year 2003, Denton has submitted priority project requests to our congressional delegation for discretionary funding based on the needs of the community and the appropriateness for federal consideration. Many of Denton’s initial requests were for transportation projects because of the delay in the reauthorization of TEA-21 and the need for improved roadways to handle Denton’s growing population. Denton requested funding assistance so that projects could be expedited to meet growing vehicular traffic. Since our first submission, Denton has diversified its request and to date has received in excess of $13.67 million in federal discretionary funds. However, these funds are becoming increasingly difficult to obtain due to the growing number of requests and a reduction of discretionary funding levels. Additionally, increased information and detail must now be provided to congressional representatives with each submitted project request. Most federal agencies require that the recipients of congressional discretionary funds submit a proposal for approval by the agency before the funds will be released. Generally, successful congressional discretionary funded projects receive between $100,000 and $1 million over a period of one to three years. thnd In preparation for compiling Denton’s 111 Congress, 2 Session congressional priorities, staff reviewed our project funding needs, as well as the FY 2010 congressional priority project requests. Staff has scrutinized our project funding requests carefully, and selected the ones that meet critical community needs and have the best chance of being considered for congressional funding. Below are staff’s recommended projects and funding amount for the City Council’s consideration. ÎÛÝÑÓÓÛÒÜßÌ×ÑÒÍæ The recommendation from boards, committees and staff is that City Council approves these four thnd recommended projects as our 111 Congress, 2 Session Congressional Priorities. Airport Operating Safety Enhancements$890,000 Downtown Development Improvements $2,065,000 Public Safety Training Facility/Technology $200,000 DME AMI/Smart Grid Project $1,000,000 thnd 111 Congress, 2 Session Congressional Priority Projects January 12, 2010 Page 2 ÐÎ×ÑÎ ßÝÌ×ÑÒñÎÛÊ×ÛÉæ The Airport Advisory Board has reviewed the Airport Operating Safety Enhancements request. The Public Utility Board has approved the Denton Municipal Electric (DME) AMI/Smart Grid Project. The projects were discussed at the City Council Work Session on December 8, 2009. Council asked for more information before making a decision on the recommended congressional priority projects. This information was provided in the informal staff report 10- 002. Respectfully submitted: John Cabrales Jr. Public Information/Intergovernmental Relations Officer th Attachment: 111 Congress, 2nd Session Congressional Priority Projects resolution th 111 Congress, 2nd Session Congressional Priority Projects booklet Mayor Burroug'hs Nlark Fiete Kamp Co ~,.bnh c. ~bkne itn, be r g r i Joe 4 (.s f' G i .F y h, oun6.s~~rnernbeII C o un h'U' ovii'b Cauncilnumber Chhs VMS, (]ATY STAFF C~ty Manager 3Assistanvt, Howard Nlaln~ Assistant City Manager Jon Forh,tne . Frt-)d G u c.,.e 4 P EIS he 215 E. McKinney ti. 940-349.8509 PROJECTS PAGE Priority Projects: Denton Airport Operating Safety Enhancements Downtown et Development Improvements Denton Regional Public Safety Training Facility Denton Municipal Electric I/S art rid Project 8 ~ 1 ~ 1 l rfr No.iif )c x Ab-poil of c ` oic(- 4 0 Union Airport IDT11 p 1 ou Safely, Enhancements The C it !cif Denton a-. `~~)~~li~ ~:€<~E~`~_.. s We t_o titmed support dr.. :y~ tiF a r 1 L~ei~;,", "s ~ , .li€t1n for a,i&,} an,`~.t'a::ui j' .'f~lllc?fEt:.fl?rsfi~;,k'.i_.relslnil sfl`~?t)i (1_>T~_)} i ...t.:;.sli`!.€'"i°;1€i`if~ ~~i'"t'w':z~A'st71' :ae:^ u Eky ace f'la he`'I,r_,es su~ti,port ,,..opaC"?sI€m of airf€e. ? for i"nC'lre and it:i€ ge . irc,r -?ft. f. T O phy s an €€`l"iik(:)aa l We m the economy, schi"`4'4E`ii.a as a aviatk,.,) 1 ! n- North Texas. the aviation industry )nti€" ues, to grow and ri\•ate pilol. We of a.f5 ?a,.iri;)f:`€ f In1 e,ases, His CAL'€na€" d Zvi" We also €{?t_,i E.a` e'SL Past development at i_? f D has it:s(Iked in fi7E{iEC)m of di)lia s o [:)ri\ ate it .+-'SErne nt over 300 Henn anr;n jobs Q Me a,,'iation II4Gpsky bW . In addil`I€: n to this economic :?€I'nu- p IS C! iris, D.f !t'1st~: ci l`? €fltu'i €h;it{i7E`?2"i~ training ti~i ~„i"il :ull~~"i +'~l~.i~ ~~L~€..! e:.Eli"alle(t , p ~w;.i dent pi~otw. f I"?€s +/i; t''on a ti,'ity has E'es,~Qed in over 280 a unl"t failgi3`1g in size ima; mraN tE"nII"Iing to i,arge C,sEi_fi.l l !lCsi al jets sed at D TO. rreC;i"f.ip' y t 11 5k.,s = aircraft is cr !cJai in oi-- er fm he fail f.y )n to i_o i mLid.. safe, bight l}pe at{o s and itla, Etai1?'lS g! O VI.h. $891000 Denton Avirpfap'~ is 3,.F~:~(.,E?sb ~ X31 dkci"c,€€o a y funding to provide additli-ma4 The jai€a:.i n )j;?cGii`€;stimi areas (mm r) ek:patlr€ n) t€7 enhance the safe !i`llJless and e (SSE,: o~ aircraft b,et,veean aC'l.E'J(.- yalw ay+s and srr'f`v ce ioc Sk_ians o the Airp:7x[ UFO currenfly experiences { veL 150 000 C:ot t.li'??i-ai?...d +;?pm`at!€: ns Gi€lilS_Ec Hy di.-Ihng the twelve (12) hours of daHy nor Vat fic. control -),,,v € op.)eratior. Flight, t awfiClg during namope ahng iiows for the D € O control lk>oo adds an t,Er?aI?ed 5i?.1, O addif€onai Uperaboi' s ,'zilll!~faiiyf. '.<<urrenfly,, ?>;:3x\, ,3;r.. crld air- c:mR C?p: ml`. ng i;f"eas are Conge_,.-,te i and in [`1,:?ed o additional paved s1,ffa- _~te t:;€ safe a41`ci'aft I'l1ctE1C?'..ll+r'n g. P Coed in I-ec';:`n' ye,,---r at D-F(. !R l: ~Ll CfrmphC: on of a i`St:tw mt nal and ad"1''IER is7:tatf ve b lEW€kqj Compk'ion of a navy pato€{d ta;:iw,: y ;,,!T,~ich t;;a serve as an en-iergenqy NtlC. n s s €lac.e should the prmnary runway f;,a C;;:)i'?se u navailab? e; n -7111e. 47c~ 1'~'il fl `ul'd' ~I AI 8(.13,000 szz?.ooo y ?0,000 8!3')0,000 For morp information please, contact~ ES port Quenin KS 5000 ANpul Road Denton, TX 7620-;" 9443490744 CA E.4 e13:1 I"1. f "7l :,`Q: R i.`,j o!"d=? s"da m c":o rn Ca3€-R.ent inn as4:8°€.fE:1:l.re fmpro\ e€"ili_ nt s:.roj (J:s include Uhnra€on of the p!!f'slary I'I.fnway 3`o i OC),,,, i C l: (cGnr )let€ori Dec, k` b c x:1.110) :_.otl'vF.Rutsffon of new taklVVay to ,_,'ive 4 new hangr' s (a.:`vc'EoS?fi"Ic;il'Hot a F ^€€s'nf:. e sei.;urizy ft.., icing 'o (.'.(ll'lr9"f(re s;~t .ty :n(.1'! inch '-?e.se Oomphhmi Apt 2010) Each W these il-nprovk . !'11enr has c:;LfM€'€b:..hd to nee f-3C;C:1`iornii, activity al. DTO and increased fl-E am(7tiM of Mr aft C'(1C,1ving iri ~<I ILi s~11C 1fCg~7 thie Xrplo E.. e low, vievv 01 4 Bc,,V Ave. II M 1 o n e Development Improvements., IIficko n Sueet Corridor Prelect The !--Iia.kory i Corridor t.mintown in;rer'iton's histo i : square f(isted orl thie NeJional R ,isUar of E iistorlc, Places) to the a`I,IEese Denton {_E o€ my r ansporta3 it?n Author- ity (D'f rali station ;mind the Mukiruod l j ariK F at,ifity an We east and to Universiiy of J,,lorth i t \.`a:i (U. ',)f 1 to the west M; conrEc:'c h I y is crIc,,al to the City of Oei`! on ~ ,,~;r e1;cf i to fioprov I°i"icrS:'€ dye '`o c=anfl 'Waugh our LaoNivr1'[i,vin `:sC:ll_Ee"i e. The frwninerit arri'vat Sun°1rne°:r 2011 of €.ll~c')rY"lr`;"Il_{1`.et U ain !5 +e'a(f.}e(,'(fz:'d ~O SPLlr mixed !€-se dc~',vdaprl e Eti W Hie area. My M is m.,w ,erttly work~ng vL'Wh rde't'OC7pE-~r on 3 m!..Jti-r'niH On doa# ar [?rr-?Ject that 'viii €I d de i`lou i! It . i a{I and Ga v al {t.{I'3c1 Qll i.rar'r:'. This prNC..a:.% i/. ffl be sC `sc C,--'rat to the transit AMY New r?sideds- in US am:aMl need avti.<, k abiC-, rrv'a[6i`e t€7 the [,)own- town Square. tai £ e~.a~~r i~~ ~ C poe .~~.:`t~ ca $ 1 . 1~3f~~IC~~a~ r y s the „_3UC3 t.t^d : D~?C1~,.,~1 ~Ee, n'' ~a{ .:'~lt~~f~~,_,c,~~~ ~,~~~~~~i.-t n `lei:. irF+.: r;qtia4"e, SIa.., Wei' sC.ysZ;;'.iFEY .atlti.,erts l"Ial'e be,..i?'Wd...d WtYr,-,[ty (52.8 I"1`alffloI`E) coil+;I €..Ae3c31 d oi3 ' Dlr.. Cedar `"~~ieet (Phase Gam!e, the i~ as the `s ~~~,arr. ~)v~_~ ~ ~ ~ ~ l.e` r; I ~ a,i ~ of tit; ~~:I,~~~~d ;n I ¢i ~ ..1_~:~ai.. try ~'t:3r~cl i; are ~ are rlrid~C iirJuly 2,'008; ~tf~'a`~ for for t,r^ V !"-I ~"El.lt ,~t,._Ca. i''1'1:3,,e' ay and AM be completed by 2011. 0 1 7to f-. iC,kory and Is skewal6 s are ra key cC)s"rlpowit ir€ E-a~~,rltc.~€..E's f~-i an th,,~-ik cr;I: F=>r,rfly ' Iac,!. iundo rig The, prgject vv ll also include s'rr~: etsc,'ap ike I arses and ri arri'b1r1%II` t} fl-le tc) slovv trc ffis`. / s r.~ " ra i ,s i !-r' re h r,~0 i7rJ~,,:lr 7 _ 1 f a c ll!! The 1aie::kor Sti":'et p°aJyct K needed X) pr:.~FTi to a: ce or the pe des1:I°ian and 1'~i%:( e traf€~:: (j P: nercate4 L: y Uae tmn lit proje.`. L as vvAl as the more thm 4Q(:'OO u ii\ 'mAy 4tkAuns (UNT and Texas ~..1r11ve..QN) who commute to De€ a.J€a each day. The I lk,.`,Ao y E,',Ar. e OYAOi" t1NKf.AR the CK J' got A making ~hi.a w ta ny e "(;men - by ei`1comC:;in f"!M;oNe to pa 14the vC:;l'{Ides and \vak o ~1ke to ~I"IK'li dic,, i6nation in De iod.., core and eE"'!cou ige nmv 7f'i1 eE cls and bu inesses i,hat. 'I'ir w4 h .fu±a'l.+}f!`1ai''.i e de'..\%Ni;sFy`sneil. In 200 the Uy sMeccted a sKe m the Q 1 iMon 1_,}owntcvvn Dentoia WA rncyda; 1 ra iu it. f~~a~;alji,r that wiH c;amplera'~,amt they s"si'oC"tosed ED{. ]"A f-,:o lafinu~e raO shbon a g of w H ";u } . F.? e and Ave The', °'{E( . try S,!ee vvi~i R.)e he C:ri cal link from the stabC:n to historic anf to tie universflies. The City C}re aUy ral.'preda e `a the fed°c;ml Qnd€ g Me, cie gation obtained ~o this project. is aR o 1 c 'C ! y ,k IcE'. u~ Downtown De-vplopmemt LAW Rathtf D~recl:o~ of Development 215 E. Mc JP n Fr St. . .,i lJ rr C. Dentory TX 76201 3 el`k/ Car 9443447774 ,t eHAve WW1 ± r ~qYl A . The ly of Mwon al::tyebv.la?'e the F 2008 %hrin ps 7 rd: ,ed fc:[ fhi pItwfieci is f :?quosting 11 CiVion W dL ,'f f.ionny funding for le'cEt(tolog € ses ..s _o.i~te A/VECLh'tI`e g.,lanned ` ttnstrL~c- Lion 7c a, fok-r[ pokc.,t- and fire regif. nk FMAt. tf..If1rrq f_.zt"i.f!ly The rtev, i ily presents the l`." f'ty of Dt".i f'Ccm an c:7icpmtl_4r lsl y to bC_,'C: m` e a 1ead'er in . elAing hi; he',r s'f iri dards t .t r. +,;1-€ _tRyr e n rgeklcy st; vli,a, fi' aii°fli ,g? wll1h adds to hor nr3A d se rliI preparedness and A1_ ;,itsAed tForCii"CIunfLyr sa'fettr. FhF,:' (_.,kfy '.,.p'...cfs i } ewC.r.d boM the a;,csfleflifC:; --CtC.o- rtuC:fl€"ilC,~l f'{?rlf~E.-- 1c'iTl. fcr ens (".,rc)e cy responders 1., vv(21I as f;--.-.sp_r1der s t°im the enf it ` wkl. t area t oi eg s , as wall as t.Ft Ee phi « public s a C.`L agen(.'J .u G,r: _ k t EAca'k .l:zeing dev a t.)p.- d I n November 200 the t. Q purcliased n S ac e s rle foi tIl%~ I,aEdl{faki tt~ r:~l` th[ 1','giCln,,il lra3 iir 1g l'.:;;.;kRy at 3 cost o $,',03 Rilliion In Jul 200,5 .iCy hired I,~.EIiCpa ick A.i`ch1i ti'uaur;)l ~cil, yid for Wt7MOO V! UY, C7i k t E'1 .I-ie t:){an, for i.fit facility. e era. €`i! eer,Erlg`_s I1: ve i°!e.:eri hl lit ?.1 iL t s'I",akC"'k'Idern o the i aif ing E;e!"te such as Nt` qh CentrA O`."is CoIIege (N_ iC.Fr W e: t.4f:lisl"i I li "Ie(",(' and rEt `ki;~ fc,lr';hi regional 1€iclllfyt In July 20Q . he l l''"i Council app?r~e.ved Wrrlos'C 'G126 rllfllf:~kr'l for ,_,oi.sikrucJioni of th~s regional I.l ai !r g fa lRy that 1r1,'kll int:.{t.1rJe. l tti+1 t7 : C Zi`) r e..sit:tl'> ce bu[ f i ?[llltlkl"1C.I, ol.it.Ctoor c1as i oc'r) i l l gh , ise burn t`cCill 911`kS <r-f ~,J ban S;_ar~c{'°yl and Re'rwe st.l"ClciE!!`C" l coH fps area, a trend, rt_e.s t.: site, 4"f rescue s7 te, `d n(l a shoot house. I leer be a 2Q500 sqE~dmC. foot t_,As srot7m th apt tt H allm,i, public safety lp rs f il`?ei frorn around the to 1s. ei: ongoing ;ta1 i:.rtay Unik hig r`C' 1E€fs- l"i1t nts from l}v,`^:ftw ilt:'C7 i( to gad ,_>,riced fop sm:u tell '?t.gh o't.4i' l'c fYk1F I ,.I1kI;i 1l,'ftl'i !,,IC.T, Thi will ak o Ad and II'1i :luf isdPchonal i 5abonshos. Our I'iope A to pen 1.41: regional j I hc safety tIakll ng facility sometime in eadv 2009. The t.rt u: L)t( l. I~~M 7,~lll,k~7k t r1 had in had I ~f tEof Cn 1 f,_, on i I". lit~,...T! I ~ } ROOF, C~ ~r ~ k~_l.n a ar D MXk niWky CCtr"i...li'E.4c the Milky in FY 2008-09. H, w \en F1l.ksw t 1' r.` CG1;1 E k"t k [ CI`f 71'1 7[l l,' and l ?`vt,`F?E" i;I'°I;f s e=" 7{ c,ted pi op rty I i f tE the d',e ;c, f.`. ,:1_! _anc e Il l:.r 5aa?,: . been U'hyed C„CS F 20Wl tlv;' continue ~o e ilt,"f is lth[ . t<_°Ccnolllkt condition' avid f"tr E > [o E;'- gt k-i ~z~~ fit' ly l`.of1sfE[_c,hon Cit re. g tc;tial t ?C~~lic `atel'Y'tl;clttffig Eacil,. b .~~m~aud ~ i . i,..}. ~ 1 .y~ ~ _ •`S Y A ~1 ~ ~ r.5 r ~i v ~ ~~II CF ~ r ~ /10! %f e n of M Ur. m bI,dC? ng i £3.- s . - - - A- "L i + II i111 \`;II l \ i 1(t?` i°"e ri Ct; t~!„'?~ lr ~t,C?ifl f~S r,l {;"~j! l r:r`1 X71 r, it ~t;fl: pl`av.)i. F d Sti', Pon The Gy A f=;7peSalingl $200,C)€.O W dsL,f ebmary haCkf1g to be us--,d Lo }IuEi~C~ the adv,,%-,in ce(-J'`_echll€C::rak needs o this Ta=:!ky. The reg rol puP,h safety tlaAf" g )<=?f;kty WH also h )use the ily's ri,,:!„1% Ill fyl; xncy !,.iperab ns CenI e r (kw(DC vvIni 'h i used as our caY}rnand and t:o9')troi cfi°EE &t dur~ng the respcinse arid 'ila4'ia1~ti?iflC:l"I'z t:,f ai"i,r' vii ajar crisis in, the c;ai"s`in-u,31' ity. C,3ur El,-)C vv H C4eed sei',js= ra{ ~ aptop l ort'ip€_fl:, rs and printers hat,,,0II f"ti??lace our aging and d' ed e+"J+ulktfvent at our (.u~f~ent ~ C-),i,~. VV are also feq`ues'~ing . S ''`yiw fm the e 'hake' C' 'vr~.r ~r`vP. video ~ d -'ud ~ &Har]ice .,s.is ~lk.'I" ~[~Pkk t~ ''ti~:5 `'L 7r+ a + I~r Ei`..la~,I . F o "-,ho 9~: I ~Lif L,S),~,.~, _ ~ s,c,~.~w ~k~id \Jl"~E,tl,;E~kk~.! k,l~:,c~~Lt:I k4~ ~..li'1 the My and provide the EOC. ,<ti'N-i rea tme; Mea an "watlr r €'Ylf')Moririig frarn cr;[[ cal are~ as i)f oi_al coi f "ii.n-I!I.Y. s MOM 5..:~f y Plariager 15 E. Mc:KIll€`Eey & D+..1 Mn, TX 7620 9443448354 Onion Mmicipal Electric AMI/Smarf Grid Project Denton 1 ..micip a! Eece rit. ,DMEI € s phnni€` g to roll its nev_ . ~~At,,rns tee M (e(-~; ig lr~fii'E StrL I Nt Si ncai"t le'r,Ct pP'o3.-<:. ('tia~ ~'F.,!"L}, .,"fi`t'") C E hEW i"1g most } As, 43100 I~e4,Cat MS ce It! 5.1. ca4"4 1T1..., ciao rkectl-ic rneters to snnart meter W€'lobgy over a s'ive year pe iad. DME ll a ~c?lI"k':aIrAly (-,,onlr}let`d ca sl_lL:GG;°.Sti.1i Py for Prt1g!"a€la iesrtirig the K MI t.ee.iai"s+':1kogy in its .,ervic,F_e <-area h pri'j e:t is estiff"slasy,,d tO cost app oxiniate l S,9 ni° lli+;. n 1`h (`s.. gh t`ady 201a She be e l~s of U e 1' IN,11/Sfl- arl 1 6d Pi o.jecinc;u+I irlue a;:;+ing the reHaW'yf of 'the iME ('€1ectrica power sy,,;,tern Enabling l17;'.,f-€ Igeme nt W peak demands c-?€'a(: r:1e:l i tfci!" o7"t:) e!-aH electric power sys-f"ern costs is n=at:)I ng p~o tidal r£`tluc: -..ion in (:`ar-)ii_±€`1'ac`i°''~eclricity c.0-Sts [Re:,1`uc ng s;`ufrfaH eIl'll.. ,iC)nss =;ue `lo effi(..ii::f2des and potential deii't lnd response rgograms [M:?`labims g njc'Si.med p s'tf:4(;atlon by cE_?i`lalrile s in Waii `:ar,,d ` v~1t74,_ r`~iE? ei _'c tr. cit.y' i"in arkets i'',cE.;:tls?ia1itC Wng ail 1,y'pes o cE'fat.fal and Mtlit'.'Elt& electric c`;C'! era','s:ion can d s'.orage qs:}sioi"'is i:,-n aUbg i` mArd 1:1!'<<;}s::111c: s, ::s '!'i;t • `a, and m arikets. 1--,f-oti,i for ";rver ql.l tp quality for to range o weeds by al; tyy..-i(=s of a::'.:i SLS9!'1ers ~,l3, ~~sv 0'.i ia-lfzk-lg a'ss't utilization and oF:?c mt?ng s:"s`ilcie cy% of the ee. t is: 1'?(;\iv i t ysk-,'rn, i`t?` pC,1ndira( Operatinq resiil~r ndy to attacks and l i;at,L.!€"`:~~ c1i cl;i ,er . The P~ C3 e vvili dt',plo ' Premise "-"'qulpme nt ir" to t"he _.'ust'or3`lers' i ic)i,"i:-` depending, on fly e a ..,J«i",?i1l1.y ,:s$ WIdff`1g r'1pol bon of d is tr4cf et-43:aiog Sil rrtauw the M: and/or Wplr ry-ieritatir~ r) olY ECl tle.~~~~ ~ e i-s ergyt n`1(:ii'toring d ce s. The CjS. a 4 s to have 0 pef; ent ` .atl.l!"aiFt`n of residential cus. ,-.sleek in '~he: DNIE *St?3'',%if, e t,. [°rli'.`.ry UUILI`i Wher an iri-I°?t7me [Aspl.:t f ciE'1t~ 4~S' pro r';~'1mit abl e 7 I'1t.'.i"kliC`'?: tat. _F' e Smort : r(,') ct I-ip r a+;ies to AM1-€(: ti'answri €on ^and €,`.i,tri..: (Ai+:7i"S t;',il'ls t ; a =e' di enable the C;n'tfi'e eN:-:'.}fCAyr' silp {y( and dealkk;y chain. KcAdii g j?C?1I l.J ants, t€~iPZs~r'li :,~€%~fa lar"tr?: su staions °ti'.s,'4f"#t_`?4.51'Ecmi Vies, f`ne "er s. and cu rs.offl'le systems t+ ..aperzAi:r,-:.` in a is c,> ree i abl efficient if'ci..w and affo1"dt1Ne i"Isanrlr-..`C. This technology` will !I"'!"tpf`o e o itag de`i,ecS:ion ;and equipment' riance, and increase E..)Ey%fi o:-'pabilky for cos ..'ffe sf.'ivle yr% integrating Ie{1'-wablet-,nergy efficient, andl nds proje-:±„WH prov t6F? ♦uan F°co!"?y i-niG stiSfil.liE..:`s 't(S loom siat;: and reea~ons U ouoi investrn nt. in e Lt.lic Me,{ exp l4oti.l3n t` workers, i ~l ik\f+i71~it~~ei~`i~'}l}:)s kirlitiC.`7 t0~ I aiilesse;s. C:cst. t,and eni tance.,n'ients (.)t'y '(~fl«E sl~Jll,.~. As .a ioca £",ity owned i WOE y,` thIe,, [VIl , TIefttai_€CT~"1 , i~~1-e DM E and As customers ka:,.y7 l~ 'Ill ~;)f`v1G` ' ~'L'ft~ some benefiL:. which inc-Iude~ a il`Ec e _ing WWI!, for Wrlgs £t.:ad Kni k'! IIII'Gmiig one, systern. • ReIllot co m `t t and cl st N itrt c ei,:ai it.: s..'..3 v lfa: Ths W p £7vide a facer W N of s avit.' N.`i.. t l4 stai'1it rs, O~"N i.~I t €Tl l l n net f° t r is €r~ gs~ This provide L 'tt~'.f . er' ice. `,A/I if`n a c:-ist ni(.:-r is, it the fobs y or on the phone, staff Kati H be ab`t to get ai on demand meW-,,r I~al`111~ at the, of the, c +lf stc]= 1` R.,alng i fibory; not only wiH F)iti/tE h°,-), e c,--, d y meter inauing The mii`3me interval data Ki t avail;raf_k 1h, t will aHo%v us ~o prohle the energy usage of Me cu,,itorvi,a . Ths profile: ala ~,vdl bcz-, t ?al°t?€"I eN heB; kd when t;.ebing vvitl's the £)ustvi'i` er in a high blil l oiYlj: k_iira. a Outage i`J+._)t,€lic3'fslon: 'Id system will work fP°a rn 'the meter of electf"it, s iv;ce to [.),'tiJvkJe data to ot.,fr C,9..si`rE:ti'it t..)ut'af p Notitica'don S)/sl`.ey'I'l. E r--. l ke 4 SkAin to tra ss, iz 4" t£, T4i"f3e of Use Was to be [ter i'lranage peak. Irt H£:?4' e Displays {HD): 1kID'; u'AH a' o',,v the customer to s,.--,e l1{.)w rnt.ich elect Icity they came using a'C die We they arG:"dewhig A. Ws ,_.il"!i1: rs the £`s't')i'I'le to 4"edu, e their bill L)`1 ti.f4l~ii`iC lghts el~c off r 4 , ' ! ~ F`~.1t:. ' ~ 1 and see E;41;;' a'vir),:~ '~s.T~hi . t ~ s is a, t~,v t1,ay s `{':ateni that ~i1d! allow, us to i.f.)(~Ae the ~ ' rY rams ~'m~;`1 to the cusAver. a 1mi, n i i-!e3'ni3o tat ;l°3t': ai e a vti';ay we can heo the customer when had `hiaedf,"F ng 4 4°{:='.ede? d or in a, tirnT +)f use role sl:€'Jck is ii t 1.'Aa.;,: 'v v"e. Send a? ?i na ,,.1`)ar'ige (:r i£? tl'1::af°mf:)sal to t -i higher 1(tiC'iCjfi'mttKe `:eWng Wen C:9.f aF.oiner is g£ili g kit a i`lEgile raw her We 1tt,'Ill be r',r_Jl to low!;-;r i:Wr AmpeW€,e back L,il!€' ig o 1 At This Kos dl.;S"I g crihcal i.t cdl4 prrcirslit if rate strudture {s in WE is requesting 1 i~Y-Jll€oi`) in di...c;ei:is: n€P €"y fl_m;Jing to advance hi_ $9 millkon Ai_,it`.C7rna'(ed N'le'(:ering lf!i14,Ma,ii.hlie and Smart `.:iil_i [.!¢ject. This cost ..i4w.1,h` e, energy eftSaent pije 1 AN save S1ioney for _)rv E ci:.tsT.on sv rs, c5:a£:tt° fob in NW) Texas, and protect the environment L'?y c.ising €e s i°y.)k` in£, re Pi fot"maficvn piaa se 9;'onteact: Denton Muricipal Electric N Ake Grim EVE..' Ex( cu~ive ~,,Aanager 215 E. McKinney St. Denton TX 76201 944341716,1-,l AGENDA INFORMATION SHEET AGENDA DATE : January 12, 2010 DEPARTMENT : Finance ACM : Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, authorizing the expenditure of funds to pay the Denton Central Appr budget allocation in an amount not to exceed $365,311.52; and providing an effective date. BACKGROUND The Council approved the DCAD budget on June 16, 2009. tax levy for all entities within Denton County. Once the tax levies were finalized, the allocations were amended and invoices for the first quarterly installment were sent to taxing agencies in December. The revised City of Denton annual allocation is $365,311.52, a decrease of $12,170.02 from the preliminary amount of $377,481.54. Although the Council approved the DCAD budget, they have not approved the expenditure of funds. The attached ordinance provides authorization to pay the annual allocation to DCAD. PRIOR ACTION/REVIEW The Council approved the DCAD budget on June 16, 2009. Respectfully submitted: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: January 12, 2010 DEPARTMENT: Parks and Recreation ACM: Fred Green SUBJECT Consider approval of a Resolution allowing the Denton Rotary Club to be the sole participant allowed to sell alcoholic beverages at the Rotary Club Mardi-Gras Celebration on February 13, 2010, 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 recommend approving the request with a vote of 5-0.) BACKGROUND The Rotary Club has held the Mardi Gras Festival in the Civic Center for the past several years. The festival is a fundraiser for the Rotary Club and will have food booths from various restaurants, serve alcoholic beverages, provide live music and dancing, and hold a silent auction. RECOMMENDATION Staff recommends approval of the Resolution and Agreement as submitted, which is consistent with agreements for other special events. PRIOR ACTION/REVIEW (Council, Boards, Commissions) At the November 2, 2009, meeting, the Parks, Recreation and Beautification Board recommended approving the request with a vote of 5-0. FISCAL INFORMATION None. EXHIBITS 1.Letter of Request 2.Parks, Recreation and Beautification Board Minutes of November 2, 2009 3.Resolution 4.Civic Center Agreement Respectfully submitted: Emerson Vorel Director of Parks and Recreation Prepared by: Janie McLeod Community Events Coordinator 1 Approved 12/7/09 Parks, Recreation and Beautification Board 2 Minutes 3 4 November 2, 2009 5 Civic Center Conference Room 6 7 Members present : Vicki Byrd, Allyson Coe, Derrick Murray, Janet Shelton, Jennifer Wages 8 Members absent: Carol Brantley, Mike Simmons 9 Staff present: Emerson Vorel, Jim Mays, Bob Tickner, Mary Aukerman, Amanda Green, Janie McLeod 10 Additional Staff present: City Attorney, Anita Burgess and KDB Group: Aimee Dennis, Jannibah, 11 Coleman Mendie Schmidt 12 13 Allyson Coe called the meeting to order at 5:58 p.m. 14 st 15 AWARDS AND RECOGNITIONS: Jim Mays announced that the Parks Maintenance staff had won 1 nd 16 place in the TRAPS Region 2 Parks Rodeo and placed 2 in the entire Metroplex. 17 18 Since most of the KDB staff members are new, Aimee Dennis, KDB Program Manager, introduced herself 19 and the KDB staff, explaining their specific areas of responsibility. Aimee explained that, although the 20 three KDB staff members are paid through City of Denton Parks & Recreation, Keep Denton Beautiful, Inc. 21 is a non-profit organization. 22 23 APPROVAL OF MINUTES OF October 5, 2009 MEETING: Derrick made a motion that the minutes 24 be approved as written, Jennifer seconded the motion and the minutes were approved with a vote of 5 to 0. 25 26 ACTION ITEMS: 27 Approval of 2010 Park Board Meeting Schedule a) The exceptions to the Board meeting on dates 28 other than the first Monday of each month were reiterated. 29 30 MOTION: There being no further discussion, Jennifer made the motion to approve the 2010 Park 31 Board Meeting Schedule as presented; Janet seconded the motion and the schedule passed with a vote of 32 5-0. 33 34 Sale of Alcoholic Beverages At Mardi Gras b) Janie explained that the Mardi Gras is an event that the 35 Rotary Club has held for several years, but, with the changes recently made to the Alcohol Ordinance, 36 this was the first event selling alcoholic beverages inside the Civic Center to be brought before the Park 37 Board for their approval. Emerson pointed out that only events open to the public will be presented to 38 the Park Board; private events, such as wedding receptions and Quinceañeras, need only the approval of 39 the City Manager or his designee, as they have in the past. Janie assured the Board that the Rotary Club 40 will comply with the other requirements needed for an event with alcohol, such as security and 41 insurance. 42 43 MOTION: There being no further discussion, Janet made the motion to approve the Mardi Gras event 44 with the sale of alcoholic beverages in the Civic Center, Jennifer seconded the motion and it passed with 45 a vote of 5-0. 46 47 PARKS PROJECT STATUS REPORT 48 Avondale Park Lighting and Landscape Improvements The lights are up and operating, which 49 should help to abate vandalism. The sidewalk replacement will be next. 50 51 Briercliff Park Design and Development Project The project is progressing. 1 Denton Branch Rail Trail Bridges Project This project has been deferred to the City Attorney and 2 Engineering. There will be a pedestrian and bicycle bridge over 288. 3 4 Neighborhood Park Design: Preserve at Pecan Creek, Owsley Park and Wheeler Ridge Bob 5 brought a concept plan for Wheeler Ridge trail layout. Part of the trail is in an elevated area. Seating 6 nodes are planned for various sites along the trail. Concept plans are also in the works for Preserve at 7 Pecan Creek and Owsley Park which will be presented to the Park Board when they are completed. 8 9 North Lakes Adult Soccer Field Development Project There will be a public meeting at the North rd 10 Lakes Annex on Riney and Windsor on Thursday, December 3 at 6:30 p.m. for this project. The Park 11 Board is invited to attend. It is hoped that this project will got out for bids in March and be completed the 12 spring of 2011. 13 14 North Lakes Park Goldfield Tennis Center This project is on hold as we look at options for its future. 15 16 Senior Center Renovation and Expansion Project The Senior Center project is still on schedule with 17 completion estimated for January 2010. Asbestos abatement is done in the main building; walls are being 18 built. An open house will take place when the project is completed. Work in the parking lot is going on 19 as well. 20 21 Unicorn Lake Trail and Landscape Project The trail is complete and lighted. The landscaping has 22 been held up because of the bad weather. October only had 4 workable days. It is hoped the project will 23 be completed November 2009. 24 25 KEEP DENTON BEAUTIFUL UPDATE 26 This year Tree GiveAway was very successful. All trees were give out by pre-registration. In the past it 27 had been first come, first served which resulted in long lines of cars. Times were given out with the on- 28 line registration in half hour increments, which helped get rid of the long lines. 29 30 PUBLIC ART COMMITTEE MEETING MINUTES 31 The minutes are presented in the Park Board packet for their review. 32 33 At this time, Allyson announced that the Board would go into Closed Session for the remainder of the 34 meeting to discuss the valuation and possible sale of park real property. City Attorney, Anita Burgess, led 35 the discussion. The Board came to a consensus that the City should go forward with the public meeting in 36 regard to this particular matter. 37 38 Upon completion of the discussion in Closed Session, Allyson announced that the meeting was once again 39 open to the public. 40 41 With no further business on the agenda, Allyson asked for a motion to adjourn. Janet made the motion to 42 adjourn, Carol seconded the motion and the meeting was adjourned at 7:02 p.m. éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ ßÙÛÒÜß ×ÒÚÑÎÓßÌ×ÑÒ ÍØÛÛÌ ßÙÛÒÜß ÜßÌÛæ January 12, 2010 ÜÛÐßÎÌÓÛÒÌæ Environmental Services and Sustainability ÝÓñ ßÝÓæ Howard Martin ÍËÞÖÛÝÌ Consider adoption of an ordinance amending Article X, entitled “Municipal Setting Designations”, of Chapter 26, entitled “Utilities”, of the Code of Ordinances of the City of Denton, Texas, regarding the local rules adopted by the city of Denton for municipal setting designations, providing the application process for a municipal setting designation, the provision of notice to persons within the affected community, the deletion of insurance requirements, the prohibition of the use of groundwater in a municipal setting designation, the filing of deed restrictions in the official property records of Denton County, Texas; providing findings; providing for a penalty not to exceed $2,000 for violations thereof; providing that a penalty shall be recoverable for each day a provision of this ordinance is violated, and each such violation shall be a separate offense; providing for a civil fine of not to exceed $1,000 per day for violations of this ordinance, together with other designated legal and equitable remedies that are available to the City; providing for a severability clause; providing for a savings clause, repealing all ordinances in conflict herewith; providing an open meetings clause; providing for city council approval thereof; providing for publication thereof; and providing an effective date. The Committee on the Environment recommends approval by a vote of (3-0). ÞßÝÕÙÎÑËÒÜ During July 2008, the City of Denton enacted a local ordinance to establish a formal application and review process for Municipal Setting designation applications. On November 3, 2008, Denton received its first Municipal Setting Designation application under the new ordinance. Although to date this has been the only MSD application under the new ordinance, staff anticipates that as economic conditions improve and as the downtown rail transit station nears completion, it is likely that there will be many more MSD applications. Due to the historical uses associated with properties in the downtown area, it is likely that many properties could benefit from the use of MSDs as a remediation tool. Now that one MSD application has completed the requirements of the local ordinance, staff felt it was important to critically review the process and associated ordinance to determine if any modifications were warranted. To help accomplish this goal, staff met with the applicant and the applicant’s consultants on August 5, 2009 to discuss the applicant’s perception of the ordinance process and requirements. It is important to note that this particular MSD application started on November 3, 2008, when the property owner applied through the City of Denton to obtain the “municipal support” needed to file the application with the Texas Commission on Environmental Quality (TCEQ). The TCEQ finally established the MSD for the property on November 2, 2009. Based on conversations between Denton staff and staff at other municipalities that have processed MSDs, it appears that the State process in general takes some time for completion, and the timeframe associated with this particular MSD is similar to the timeframes experienced in other municipalities. This timeframe is important to keep in mind when considering the concerns expressed by the applicant and the resulting recommendations from staff. Staff would like to provide some background information concerning MSDs before entering into detailed discussions. In 2003, the 78th Texas Legislature passed a Municipal Setting Designation (MSD) law concerning regulatory requirements for removing contaminants from groundwater. The law authorizes the Texas Commission on Environmental Quality (TCEQ) to receive, process, and certify MSD applications for properties with certain types of contaminated groundwater that are located within the corporate limits or extraterritorial jurisdictions of municipalities. However, the law states that TCEQ can only certify these MSD applications if municipal support of the designation is demonstrated through a Municipal resolution or ordinance. Under standard TCEQ regulatory conditions, remediation of a site with potential shallow groundwater contamination would generally (depending on groundwater “class”) require any contamination in the groundwater to be remediated to drinking water protective concentrations levels (PCLs). The rationale behind this regulatory requirement is that, in the absence of prohibitive regulations, a person or persons could access this groundwater and use it as a potable water source. Groundwater PCLs are based on a person’s exposure to the contaminant(s) in question, as derived from consuming the contaminated water. Since drinking water PCLs are often the most difficult and expensive to PCLs to achieve, this requirement has resulted in many contaminated properties not being remediated due to the real or perceived expenses associated with groundwater cleanup. However, in many cases the shallow groundwater at such sites would never be used for potable purposes due to the generally low water quality and water yields characteristic of shallow aquifers and the fact that a municipal supply of potable water is readily available. Because the current regulations may require remediation to drinking water PCLs, sites with shallow groundwater contamination often remain in a contaminated state until property values become high enough to make remediating the groundwater economically viable. In effect, the MSD law sets conditions for property “designations” that limit the requirements for contaminated groundwater to be remediated to drinking water PCLs. As stated above, MSDs are considered applicable in cases where the designated groundwater is not currently used for potable water, and establish restrictive conditions that prohibit the future use of designated groundwater for potable purposes. This prohibition must be in the form of a restrictive covenant or ordinance that is enforceable by the City, must be filed in the property records of the site, and must remain effective in perpetuity. The purpose of the MSD law is to facilitate the cleanup of contaminated properties by providing a less expensive and faster alternative to existing state environmental regulations. In general, the MSD law recognizes that in some locations, no one is using groundwater as a potable water source in the vicinity of a contaminated groundwater zone. The law further recognizes that use of the designated groundwater as a future potable source is unlikely because a public supply that relies on another source of water is available. By establishing a restrictive mechanism prohibiting groundwater use, the MSD ensures that public health is protected and the possibility of the designated groundwater being used for potable purposes is eliminated. Designating groundwater in this manner allows the TCEQ to remove the requirement to remediate the groundwater at the site to drinking water PCLs and then apply the next most stringent remediation standard(s). It is important to note that in addition to municipal support, the MSD is subject to all the additional requirements of TCEQ’s review and final approval. Because both people and ecological receptors (fish, wildlife, etc) can be exposed to contamination in ways other than exposure through groundwater consumption, the law still allows the TCEQ to require the investigation and remediation of contaminants for other concerns unrelated to potable water use. Examples of additional exposure pathways include inhalation of vapors originating from the groundwater or the discharge of potentially contaminated groundwater into streams. From a municipal perspective, MSDs have two fundamental components that must be addressed during the review, support, and application process. The first component deals with local standards, information requirements, public notification requirements, and similar issues associated with the local review process. The second component is the mechanism needed to address the “evidence of municipal support” that must be obtained by the applicant before the TCEQ will process the MSD application. Based on recommendations from Denton’s legal department, a “controlling” ordinance was established in Chapter 26 of the City of Denton Code of ordinances. The “evidence of municipal support” requirement is provided via a site-specific ordinance that is considered by Council on a case-by-case basis. This site-specific ordinance may also specify site specific requirements in addition to the “standard” requirements specified in Chapter 26. Staff has also created an application form / checklist, a flow chart, and established a MSD application fee of $5,000. Findings from applicant meeting - Insurance The applicant and applicant’s consultant had no complaints concerning Denton staff responsiveness or professionalism. However the applicant did have several concerns about the local ordinance and the overall process associated with establishing a MSD. The largest concern was directed towards the insurance requirements for a MSD, as specified in Section 26.270 of the ordinance. As outlined in this section, the applicant is required to enact an insurance policy the same day the applicant submits his or her application to the TCEQ. The ordinance specifies that this policy coverage shall be a minimum combined single limit of $1,000,000 per occurrence of environmental impairment, and shall be maintained until the applicant receives final certification of the MSD site from the TCEQ. The applicant encountered several challenges when meeting this requirement. For example, due to the relatively new nature of the MSD program, the fact that the MSD program is only available in Texas and the fact that the regulatory environment of MSDs is complex, the applicant found it quite difficult to actual find an insurance company that could provide coverage. Because underwriters are generally unfamiliar with what an MSD “is” or “do”, they tend to be quite conservative in their estimation of risk, which likely tends to drive up the cost of the insurance premiums. In addition, due to the unpredictable length of time needed for the TCEQ to review and approve the MSD once the application is received, the applicant may be required to pay these insurance premiums for an undefined, although likely substantial, period of time. It is important to point out that, to staff’s knowledge, Denton is the only municipality to require insurance coverage for a MSD property. Staff also discussed the issue of insurance in detail with representatives from the Cities of Dallas and Fort Worth. Both of these Cities have extensive, well established MSD programs. However, neither City requires insurance for MSDs. In fact, the respective City staff did not see the need for such insurance in light of the existing State regulations that would be brought to bear in the case of an accidental release from the site. As noted above, the lack of MSD case examples for underwriters to examine will likely cause insurance to be difficult to obtain and costly.Since the State review process can take quite a long time, the expense associated with this insurance can be substantial. However, the intent of the TCEQ’s MSD program is to remove potential remediation and development barriers, particularly with regards to the costs associated with site remediation when shallow ground water is present and there is little likelihood of the shallow groundwater being used for drinking purposes. Thus, the expense and uncertainties associated with the insurance requirement are in some regards counteracting the State’s attempts to minimize remediation and development barriers. Staff therefore recommends that the issue of requiring insurance on all sites applying for a MSD should be reconsidered. Staff recommends removing the current insurance requirement of Ordinance 2008-150 (see revisions in Exhibit 1) by deleting Section 27.279(a) in its entirety. Findings from applicant meeting - Notification requirements Denton’s MSD ordinance contains an extensive amount of public information requirements prior to the applicant petitioning the council to support the MSD.For example, the applicant is required to provide a list of recipients for a mailed notification, as specified in Section 361.805 of the Texas Health and Safety Code. This list is provided to the Planning Department, and Planning conducts the actual mailing. The applicant is also required to hold a public meeting, publish notice of this meeting in a newspaper of local circulation, and provide a review copy of the application with the City Secretary. The Denton “mailed notification requirements” established for MSDs are somewhat similar to the requirements for mailed notifications required by the TCEQ. Because of this fact, and with some coordination with staff, the applicant can fulfill both the local and state requirements for notifications at one time. Denton staff has agreed to help applicants achieve this goal under the condition that it is the sole responsibility of the applicant to ensure that the notice and mail out procedures used by Denton are acceptable to the State, and that the applicant pay Planning the additional costs associated with conducting the mailing in accordance with State requirements. For example, the TCEQ requires that notices be delivered by certified mail with return receipts requested. However, when sending out notifications it is standard practice for the Planning Department to use certified mail, but to not request return receipts. As a result, mailed notifications using the standard practice will not meet TCEQ requirements, thus forcing applicants to mail out the notification a second time and incur additional expenses and potential delays for the project. To ensure that notification issues are clearly understood in future applications, staff created the draft “City of Denton Supplementary Guidance for Municipal Setting Designation Applications” document (Exhibit 2). This document outlines the similarities between the local Denton requirements and the TCEQ requirements, and offers guidance on how to accomplish both requirements simultaneously. As stated in the Supplementary Guidance, it is the sole responsibility of the applicant to determine if the actions they are conducting are compatible with State requirements. However, the Supplementary Guidance document does provide information that will help applicants navigate through this process. It is important to note that the State’s requirement for signatures to be returned on certified mail notifications is more expensive that the standard mail notification process used by the City of Denton’s Planning Department. The $5,000 application fee for the MSD was based on an average mail notification cost of $1000. Therefore, if an applicant chooses to meet both the Denton and TCEQ mail notification requirements simultaneously, the applicant will be required by Planning to pay any costs needed to meet the State requirement that are in excess of $1000. To accommodate the applicant’s recommendation for clarification on notification options, staff is proposing a modification of Section 26-273(d) of the ordinance to add the following text as Section 26-273(d)(4): “If an applicant desires the notification requirements of this section to simultaneously address the local and TCEQ public notification and public meeting requirements, the applicant must follow the specifications outlined in the current version of the City of Denton Municipal Setting Designation Supplementary Guidance Document”. Filing requirements Once the applicant received notification from the TCEQ that the MSD has been granted, the current ordinance, Section 26.279(c) states that “the Applicant shall execute, deliver, and file, no later than fifteen (15) days from the date of the TCEQ’s certification, in the official real property records of Denton County, Texas, a deed restriction approved as to form by the City Attorney prohibiting the drilling of wells and the use of designated groundwater for any purpose" etc. Due to the somewhat unpredictable timing of the state process, and to provide some flexibility in the process, staff is proposing to simply change the specified timeframe from "15 days" to "30 calendar days". In summary, there were three main issues raised during the review of this ordinance: Insurance requirements, notification procedures that meet both state and local requirements and the timeframe associated with filing the deed restriction. Staff is recommending removal of the insurance requirements, adopting the changes outlined for notification requirements, and changing the filing timeframe for 15 days to 30 days. OPTIONS 1. Approve the recommended revisions to the ordinance. .2. Direct staff to modify the ordinance in a different manner, and / or conduct additional research, and bring the modified items back to the Council for further consideration. 3. Reject the recommendation and direct staff to leave the current ordinance unchanged. RECOMMENDATION Staff recommends option 1, approval of the ordinance revisions. PRIOR ACTION/REVIEW (Council, Boards, Commissions) 02-11-2008 Public Utility Board: General information concerning MSDs 03-04-2008 Committee on the Environment: General information and fees 04-14-2008 Public Utility Board: Ordinance and recommendation of approval (PUB unanimously recommended approval) 05-05-2008 Committee on the Environment: MSD fees and insurance 06-09-2008 Public Utility Board: Update concerning insurance requirements 07-15-2009 City Council: Ordinance Approval (unanimous) 12-09-2009 Presentation of ordinance revisions to the Committee on the Environment. The Committee recommends approval (3-0). FISCAL INFORMATION None EXHIBITS 1. Ordinance with revisions 2..City of Denton Supplementary Guidance for Municipal Setting Designation Applications . document. 3. Revised ordinance. 4. Draft Committee on the Environment Minutes Respectfully submitted: Kenneth Banks Director of Env. Services & Sustainability ORDINANCE NO. 2008-________ AN ORDINANCE AMENDING CHAPTER 26 ENTITLED “UTILITIES” OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY THE ADDITION OF ARTICLE X ENTITLED “MUNICIPAL SETTING DESIGNATIONS”, REGARDING THE LOCAL RULES ADOPTED BY THE CITY OF DENTON FOR MUNICIPAL SETTING DESIGNATIONS;PROVIDING FINDINGS AND DEFINITIONS, PROVIDING FOR THE PROHIBITION OF THE USE OF DESIGNATED GROUNDWATER IN A MUNICIPAL SETTING DESIGNATION, PROVIDING FOR AN APPLICATION PROCESS FOR A MUNICIPAL SETTING DESIGNATION, PROVIDING FOR PUBLIC MEETINGS AND HEARINGS, PROVIDING FOR NOTICE TO PERSONS WITHIN THE AFFECTED COMMUNITY, PROVIDING FOR LIMITATIONS ON REAPPLICATION, PROVIDING FOR PROOF THAT RESPONSE ACTIONS HAVE BEEN COMPLETED ON A SITE, PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 FOR VIOLATIONS THEREOF; PROVIDING THAT A PENALTY SHALL BE RECOVERABLE FOR EACH DAY A PROVISION OF THIS ORDINANCE IS VIOLATED, AND EACH SUCH VIOLATION SHALL BE A SEPARATE OFFENSE; PROVIDING FOR A CIVIL FINE OF NOT TO EXCEED $1,000 PER DAY FOR VIOLATIONS OF THIS ORDINANCE, TOGETHER WITH OTHER DESIGNATED LEGAL AND EQUITABLE REMEDIES THAT ARE AVAILABLE TO THE CITY; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN OPEN MEETINGS CLAUSE; PROVIDING FOR CITY COUNCIL APPROVAL THEREOF; PROVIDING FOR PUBLICATION THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas is a home-rule municipality; and WHEREAS, Chapter 361, Subchapter W of the Texas Solid Waste Disposal Act (the “MSD legislation”) authorizes the Texas Commission on Environmental Quality (“TCEQ”) to certify Municipal Setting Designations for properties upon receipt and approval of a proper application to the TCEQ; and WHEREAS, the Texas legislature, in enacting the MSD legislation, found that an action by a municipality to restrict access to or the use of groundwater in support of or to facilitate a municipal setting designation advances a substantial and legitimate State interest; and WHEREAS, due to limited quantity and low quality, there are areas of shallow groundwater within the City of Denton and its extraterritorial jurisdiction that are not valuable as potable water sources, and are therefore not utilized for potable purposes; and WHEREAS, properties in the City of Denton are underlain with unusable groundwater that may have become contaminated by historical on-site or off-site sources; and WHEREAS,the use of Municipal Setting Designations within the City of Denton allows for a state-evaluated corrective action process for groundwater that is directed toward protection of human health and the environment balanced with the economic welfare of the citizens of the city; and ô WHEREASwhere public drinking water is available, the potable use of groundwater in designated areas should be prohibited to protect public health and welfare when the quality of the groundwater presents an actual or potential threat to human health; and WHEREAS, due notice was given to the public of a public hearing for the purpose of determining whether the City Council of the City of Denton, Texas should enact an Ordinance controlling Municipal Setting Designations in the City of Denton, Texas; and WHEREAS, the City Council of the City of Denton, Texas has considered the matter and deems it appropriate and in the best interest of the public and the City to facilitate efforts to secure a Municipal Setting Designation and TCEQ closure documentation from the TCEQ for certain properties by passage of this Ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The facts and the recitations contained and cited in the preamble hereof are hereby found and determined to be true and correct and are incorporated herein by reference. SECTION 2. The City Council finds that it is in the best interests of public health, safety and welfare to facilitate and support the TCEQ’s certification of a municipal setting designation and TCEQ closure documentation for MSD Properties. SECTION 3. Chapter 26 of the Denton Code of Ordinances, Entitled “Utilites” is hereby amended by adding and adopting Article X, entitled “Municipal Setting Designations”, Sections 26- 271 through 26-279, which shall read as follows: ARTICLE X. MUNICIPAL SETTING DESIGNATION (MSD) Í»½ò îêóîéïò Ü»º·²·¬·±²ò For the purposes of this article, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words not defined shall be given their common and ordinary meaning. ûÖÖ×ÙÈ×Ø ÙÍÏÏÇÎÓÈà means those persons entitled to notice as defined in 26-273(b)(6) ûÇÈÔÍÊÓÂ×Ø Ê×ÌÊ×É×ÎÈÛÈÓÆ× means, for purposes of signing an application, if the applicant is a corporation, the president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision- making functions for the corporation; if the applicant is a partnership or sole proprietorship, a Page 2 general partner or proprietor, respectively; and if the applicant is a local government, the chief executive officer or his authorized designee. ùÔ×ÏÓÙÛÐ ÍÊ ÙÍÎÈÛÏÓÎÛÎÈ ÍÖ ÙÍÎÙ×ÊÎ means any chemical that has the potential to adversely affect ecological or human receptors due to its concentration, distribution, and mode of toxicity. ùÓÈà ûÈÈÍÊÎ×à means the City Attorney for the City of Denton, or the City Attorney’s authorized representative. ø×ÉÓÕÎÛÈ×Ø õÊÍÇÎØÅÛÈ×Ê means groundwater that will be or is prohibited from use as potable water, or for all uses, by a municipal setting designation ordinance. ø×ÉÓÕÎÛÈ×Ø ìÊÍÌ×ÊÈà means the property that will be or is subject to a municipal setting designation ordinance. The designated property may cover several platted lots or tracts of land. øÓÊ×ÙÈÍÊ means the Director of the Planning Department for the City of Denton, or the Director's authorized representative. ÷ÎÆÓÊÍÎÏ×ÎÈÛÐ ÊÓÉÑ ÛÉÉ×ÉÉÏ×ÎÈ means the qualitative and quantitative evaluation performed in an effort to define the risk posed to human health and/or the environment by the presence or potential presence and/or use of pollutants. õÊÍÇÎØÅÛÈ×Ê means water below the surface of the earth. óÎÕ×ÉÈÓÍÎ ìÊÍÈ×ÙÈÓÆ× ùÍÎÙ×ÎÈÊÛÈÓÍÎ ð×Æ×Ð means the protective concentration level for human ingestions of contaminants of concern established by the TCEQ under the Texas Risk Reduction Program, determined as if there was no municipal setting designation. óÎÕ×ÉÈÓÍÎ ìÊÍÈ×ÙÈÓÆ× ùÍÎÙ×ÎÈÊÛÈÓÍÎ ð×Æ×Ð âÍÎ× means the area where concentrations of contaminants of concern from sources on or migrating through the designated property are greater than the ingestion protection concentration level, determined as if there was no municipal setting designation. ïÇÎÓÙÓÌÛÐ é×ÈÈÓÎÕ ø×ÉÓÕÎÛÈÓÍÎ (MSD) means a designation as provided by Chapter 361, Subchapter W, of the Texas Health and Safety Code, which authorizes the executive director of the Texas Commission on Environmental Quality to certify municipal setting designations in order to limit the scope of, or eliminate the need for, investigations or response actions addressing contaminant impacts to groundwater which has been restricted from use by ordinance or restrictive covenant. ïÇÎÓÙÓÌÛÐ é×ÈÈÓÎÕ ø×ÉÓÕÎÛÈÓÍÎ íÊØÓÎÛÎÙ× means an ordinance adopted pursuant to this Article. îÍÎóÎÕ×ÉÈÓÍÎ ìÊÍÈ×ÙÈÓÆ× ùÍÎÙ×ÎÈÊÛÈÓÍÎ ð×Æ×Ð means the protective concentration level for dermal contact or inhalation for contaminants of concern established by the TCEQ under the Texas Risk Reduction Program. Page 3 îÍÎóÎÕ×ÉÈÓÍÎ ìÊÍÈ×ÙÈÓÆ× ùÍÎÙ×ÎÈÊÛÈÓÍÎ ð×Æ×Ð Exceedance Zone means the area where concentrations of contaminants of concern from sources on or migrating from or through the designated property are greater than non-ingestion protection concentration levels for contaminants of concern established by the TCEQ under the Texas Risk Reduction Program. ìÍÈÛÚÐ× ÅÛÈ×Ê means water that is used for irrigating crops intended for human consumption, as well as water that is used for drinking, showering, bathing, or cooking purposes. ìÊÍÈ×ÙÈÓÆ× ùÍÎÙ×ÎÈÊÛÈÓÍÎ ð×Æ×Ð means the lowest concentration level for a contaminant of concern within a source medium determined from all applicable exposure pathways and as defined in the Texas Risk Reduction Program. ê×ÉÌÍÎÉ× ûÙÈÓÍÎ means the control, decontamination, or removal from the environment of a contaminant or hazardous substance pursuant to Subchapter W, “Municipal Setting Designation,” of Chapter 361, “Solid Waste Disposal Act” of the Texas Health and Safety Code. èù÷ë means the Texas Commission on Environmental Quality. èù÷ë ûÌÌÐÓÙÛÈÓÍÎ means the application submitted to the TCEQ for certification of a municipal setting designation. èÍ ÈÔ× ÷ÄÈ×ÎÈ ñÎÍÅÎ means information known by an applicant or applicant’s agent after review of all public and private records and other information sources available in the exercise of due diligence. Í»½ò îêóîéîò Ë» ±º Ù®±«²¼©¿¬»® ·² ÓÍÜ ß®»¿ Ю±¸·¾·¬»¼ (a) A person commits an offense if the person intentionally, knowingly, or with criminal negligence uses groundwater in Designated Property as a potable or non-potable water source. (b) A person commits an offense if the person intentionally, knowingly, or with criminal negligence uses groundwater in Designated Property for any purpose prohibited as a condition of Council approval, as specified in Section 26-2776(d)(3). Í»½ò îêóîéíò ß°°´·½¿¬·±² º±® Ý·¬§ ݱ«²½·´ ß°°®±ª¿´ ±º ÓÍÜ (a) A person seeking City Council approval of a MSD for an area within the corporate limits of the City of Denton shall apply in writing to the Planning Department of the City of Denton, with the number and format of copies, as determined by the Director. (b) An application shall contain: Page 4 (1) The applicant's name and address, and the name, address, daytime telephone number, and email address of both the applicant’s contact person and the licensed professional who prepared the application; (2) The location and legal description of the proposed outer boundaries of the MSD area for which designation is sought; (3) A statement as to whether a public drinking water supply system exists that satisfies the requirements of Texas Health and Safety Code Chapter 341 and that supplies or is capable of supplying drinking water to the area for which the MSD is sought, and property within one-half mile of the area for which the MSD is sought; (4) A description of the groundwater sought to be restricted, including the identified chemicals of concern therein and the levels of contamination known to the applicant, and the identified vertical and horizontal extent of the contamination. If the applicant has not documented groundwater contamination offsite that originates from the area for which an MSD is sought, the application shall include a statement as to whether contamination more likely than not exceeds residential assessment levels offsite and the basis for that statement; (5) Identification of the points of origin of the contamination, and identification of the person (s) responsible for the contamination, to the extent known; (6) A listing of: (a) All state-registered private water wells within five (5) miles from the boundary of the area for which the designation is sought, including a notation of those wells that are used for potable water purposes (if known); (b) Each retail public utility, as that term is defined in the Texas Water Code, that owns or operates a groundwater supply well located not more than five (5) miles from the area for which the MSD is sought; (c) Each municipality, other than the City of Denton, with a boundary located not more than one-half (1/2) mile from the area for which the MSD is sought; or that owns or operates a groundwater supply well located not more than five (5) miles from the area for which the MSD is sought; and Page 5 (d) All owners of real property lying within 200 feet of the subject property, as the ownership appears on the last approved City tax roll. (7) A site map, drawn to scale, including a metes and bounds description of the proposed Designated Property, the boundary of the proposed MSD area, the location of groundwater on the proposed MSD area, and the extent of groundwater contamination to the limits that it has been defined. The map shall include a statement by a professional land surveyor registered by the Texas Board of Professional Surveying attesting to the accuracy of the metes and bounds description; (8) The location of all soil sampling points and groundwater monitoring wells; (9) For each contaminant of concern found at the site, to the extent known, provide a table displaying the following information (a) the level of contamination, the ingestion protective concentration level and non-ingestion protective concentration levels, all expressed as mg/L or mg/kg, depending on sampling medium; and (b) the critical protective concentration level as defined without the municipal setting designation, highlighting any exceedances; and (c) the critical protective concentration level as defined with the municipal setting designation, highlighting any exceedances; and (d) a digital file, in a format acceptable to the Director, that summarizes this information. (10) A statement as to whether contamination on and off the Designated Property will exceed a residential assessment level as defined in the Texas Risk Reduction Program, if known, and the basis for that statement; (11) A description of any environmental regulatory actions that have been taken within the last five years in conjunction with the Designated Property, to the extent known; (12) A listing of all existing TCEQ, U.S. Environmental Protection Agency registrations, permits, and identification numbers that apply to the Designated Property; (13) A summary of any environmental site assessment reports filed with the TCEQ regarding any site investigation or response actions that are planned, ongoing, or completed related to this designated property; (14) A statement as to whether the designated property has been submitted to the Texas Voluntary Cleanup Program (Section 361.601 of the Texas Health and Page 6 Safety Code) or similar state or federal program, and a description of the designated property’s status in the program; (15) Any other information that the Director deems pertinent. (c) The application shall be signed by an authorized representative of the applicant and shall contain the following certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in a manner designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." (d) An application shall be accompanied by: (1) An electronic file of the names and addresses of persons listed in Subsection (b)(6) above, in a format acceptable to the Director and compatible with City information systems; and (2) A set of printed mailing labels with the names and addresses of persons listed in subsection (b)(6) above; (3) A nonrefundable application fee in an amount set by City Council. (4) If an applicant desires to attempt to use the notification requirements of this section to simultaneously address the local and TCEQ public notification and public meeting requirements, the applicant must follow the specifications outlined in the current version of the City of Denton Municipal Setting Designation Supplementary Guidance Document. It is the sole responsibility of the applicant to ensure that the language of the public notice, as well as the notification process itself, meets the State requirements. The City of Denton assumes no liability for meeting the State requirements, but will modify the local processes to accommodate TCEQ public notification and meeting requirements upon written request by the applicant (e) An applicant may withdraw its application only in writing by letter sent certified mail, return receipt requested, to the Director, and shall forfeit the application fee. If the Director has not issued public notice prior to the receipt of the withdrawal letter, the applicant may reapply at any time. If public notice has issued, a new application is subject to the limitations of Section 26-2787 below. Í»½ò îêóîéìò ͬ¿ºº λª·»© Page 7 (a) For purposes of the times stated in this ordinance, an application is deemed to have been received on the date that the application was actually received by the Director, as indicated by the file date stamped on the application by the Planning Department. (b) The application for a MSD shall be forwarded to the Development Review Committee (DRC) for staff review. The purpose of the review is to determine whether the application is complete, and whether any current or future City property or other interests have the potential to be impacted by the proposed MSD. City staff shall not conduct an environmental risk assessment of the application. (c) If the Director, in his or her sole discretion, determines that it is likely that a source of a contaminant of concern originated on the designated property, and that the ingestion or non-ingestion protective concentration level exceedance zone for that contaminant of concern extends to the public right-of-way adjacent to the designated property, the Director may recommend that the Municipal Setting Designation include a condition that the public right-of-way adjacent to the property be included, at no additional cost to the City, in the TCEQ application for the MSD. (d) If the Director determines that the application is incomplete or insufficient, the application will be returned to the applicant, noting the deficiencies in writing. The applicant shall have thirty (30) days from the date of the deficiency letter to correct the deficiencies and resubmit the application. If the applicant fails to submit a corrected application within the allotted time, the application shall be deemed to be withdrawn and the application fee forfeited. (e) If the Director determines that the application is complete, a public meeting and a public hearing will be scheduled. The public meeting must be held prior to the public hearing. (1) A public meeting will be scheduled approximately forty-five (45) days following the day the application was received; and (2) A public hearing of the City Council will be scheduled approximately thirty (30) days following the public meeting. Í»½ò îêóîéëò Ò±¬·½» ±º Ы¾´·½ Ó»»¬·²¹ (a) Notice of the public meeting for an MSD application must include the date, time and location of the public meeting, the identity of the applicant, the location and legal description of the Designated Property, the purpose of the MSD, the type of contamination identified in the groundwater of the area for which the MSD is sought, and a statement that a copy of the application is available for public viewing at the City Secretary’s Office. Notice will be made as follows: (1) The Director will publish notice of a public meeting for a proposed MSD in the official newspaper of the City, or in a newspaper of general circulation, not less than fifteen (15) days before the public meeting; Page 8 (2) The Director will provide written notice of a public meeting for a proposed MSD, not less than fifteen (15) days before the date of the public meeting by properly addressed and regular postage paid, in the United States mail. Notice will be mailed to: (a) The applicant; (b) Those on the list provided by applicant pursuant to Section 26- 273(b)(6); (b) The Applicant is required to post at least one sign upon the area for which a MSD has been requested. Posting shall be in the same manner as zoning amendments. The sign(s) must state that a MSD has been requested for the area and that additional information can be acquired by telephoning the number listed thereon or visiting the web site address listed thereon. The erection and/or the continued maintenance of any such sign shall not be deemed a condition precedent to the holding of any public meeting or public hearing or to any official action concerning the MSD application. Í»½¬·±² îêóîéê Ы¾´·½ ³»»¬·²¹ (a) The purpose of a public meeting is for the applicant to present information to the affected community about the MSD process in general, the application specific to the property for which the MSD is being sought, and to obtain input from the affected community prior to a formal action by the City Council. (b) The applicant or its representative must appear at the public meeting. If the applicant fails to appear at the public meeting either in person or by representative, the application shall be deemed withdrawn and the application fee forfeited. (c) The Director will facilitate the meeting, giving the applicant or its representative the opportunity to present its reasons for requesting a MSD, and giving members of the affected community the opportunity to ask the applicant questions or make oral comments on the application. Í»½¬·±² îêóîéé Ý·¬§ ݱ«²½·´ Ы¾´·½ Ø»¿®·²¹ (a) Prior to the public hearing, the Director will provide the City Council a copy of the application, and a written report summarizing the request for the MSD approval, any staff comments of concerns, and minutes of the public meeting. (b) The applicant or its representative must appear at the public hearing and present the request for a MSD approval. If the applicant fails to appear at the public hearing, the application shall be deemed withdrawn and the application fee forfeited. Page 9 (c) Persons wishing to speak either in favor of or against the application will be provided the opportunity in accordance with City Council guidelines for public hearings. (d) Following the conclusion of the public hearing, the City Council may approve, conditionally approve, disapprove, or postpone action on the application to a future date. If approving an application, the City Council shall: (1) Approve a municipal setting designation ordinance supporting the application to be presented to the TCEQ, and prohibiting the use of designated groundwater from beneath the Designated Property; and (2) Include in the ordinance other reasonable restrictions, including, but not limited to specification of underground construction materials to be used in the Designated Property. (e) City Council approval of an application shall not be deemed to waive the City's right to comment on a MSD application that has been filed with the Executive Director of the TCEQ. Í»½¬·±² îêóîéè Ô·³·¬¿¬·±² ±² λ¿°°´·½¿¬·±² If after public hearing the City Council disapproves an application, or if the applicant has withdrawn its application after public notice has been issued, no new MSD applications for the proposed Designated Property shall be accepted by the City or scheduled for a public hearing by the City Council within a period of twelve (12) months of the date of disapproval or withdrawal. Í»½¬·±² îêòîéç ß¼¼·¬·±²¿´ Ю±ª··±²ô Û²º±®½»³»²¬ô ¿²¼ л²¿´¬·» (a)The applicant shall provide,or cause to be provided,insurancewith coverage for environmental impairments (or seepage and pollution)associated with the cleanup of the property for which the MSD is sought. Evidence of insurance coverage meeting all requirements of this section (26.279) shall be provided during the MSD application processwith the City. Therequired insurance policy shall be enacted on the same date the applicant files the MSD application with the TCEQ, and the applicant shall provide certifications of insurance to the Director at this time. Failure to enact the insurance policy as requested shall result in the City contacting the TCEQ and withdrawing support for the MSD. 1.The policy shall be endorsed to read “this policy will not be cancelled or non-renewed without 30 days written notice to the City, except when the policy is being cancelled for non-payment of premium, in which case 10 days advanced written notice is required”. 2.Policy coverage shall apply to all sudden and non-sudden pollution conditions resulting from the escape or release of vapors, fumes, acids, Page 10 alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants, or pollutants resulting fromthe MSD property. 3.Policy coverage shall be a minimum Combined Single Limit of $1,000,000 per occurrence of environmental impairment(s) (or seepage and pollution), and shall be maintained until completion documentation is issued by the TCEQ and provided to the City as specified in 26.279(b). (ab) A person who has received approval of a MSD from the City, shall, upon issuance from the TCEQ, provide the Director with a copy of the certificate of completion or other documentation issued for the MSD area, showing that response actions, if required, have been completed. (bc) The Applicant shall execute, deliver and file, no later than fifteen (15)thirty (30) days from the date of the TCEQ’s certification, in the official real property records of Denton County, Texas, a deed restriction approved as to form by the City Attorney prohibiting the drilling of wells and the use of designated groundwater for any purpose, including but not limited to any potable purpose, and excepting only: (i) wells used as monitoring wells for the collection of groundwater samples for chemical or biological laboratory analyses; and (ii) wells used for the purposes of remediation of soil or groundwater contamination. (cd) A file-stamped and recorded copy of said deed restriction shall be delivered to the City Attorney’s office and the Director’s office within three business days after the date of filing. The deed restriction shall be enforceable by the City of Denton and may be amended or terminated only with the prior written consent of the City of Denton after at least 30 days prior written notice to the TCEQ of any pending amendment or termination. (de) A person commits an offense if they fail to provide the City Attorney and the Director with the documentation required in this Section within the specified time frames. (ef) A person commits an offense if the person intentionally, knowingly, or with criminal negligence uses groundwater in a Designated Property for a purpose prohibited in the Municipal Setting Designation Ordinance. (fg) Any person who violates any provision of this article shall, upon conviction, be punished by a fine not to exceed two thousand dollars ($2,000.00). Each day that one or more provisions in this articleplan are violated shall be considered a separate offense. (gh) The city attorney is authorized to commence an action for appropriate legal or equitable relief in a court of competent jurisdiction in addition to the penalty mentioned in the above subsection (f). Such additional relief may include a civil fine of up to one thousand dollars ($1,000.00) per day for violations of sections 26-278, and all other damages, costs, remedies and legal processes to which the city may be entitled. (hi) This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Denton, and this ordinance shall not operate to repeal or affect Page 11 any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. (ij) All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Denton in the discharge of his/her duties, shall not thereby render himself/herself personally liable; and he/she is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his/her said duties. SECTION 4. In the event any one or more provisions of this ordinance are held by a court or an administrative agency of competent jurisdiction to be illegal, invalid or unenforceable in any respect, the City shall make a good faith effort to remedy the defect, if any, to fulfill the purpose and intent of this ordinance. SECTION 5. All ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the _________ day of ___________________, 2008. __________________________________ Page 12 ©©©ò½·¬§±º¼»²¬±²ò½±³ ÐÔßÒÒ×ÒÙ ßÒÜ ÜÛÊÛÔÑÐÓÛÒÌ ÜÛÐßÎÌÓÛÒÌ Ý·¬§Ø¿´´É»¬¬îîïÒÛ´³¬Ü»²¬±²ôÌ»¨¿éêîðï`£ÃÉ øçìð÷íìçèëìï ø ZÉ øçìð÷íìçééðé ©©©ò½·¬§±º¼»²¬±²ò½±³ Í«°°´»³»²¬¿®§Ù«·¼¿²½»º±®Ó«²·½·°¿´Í»¬¬·²¹Ü»·¹²¿¬·±²ß°°´·½¿¬·±² Applicants seeking a Municipal Setting Designation (“MSD”) within the City of Denton are required to comply with Chapter 26 of the Denton Code of Ordinances (entitled “Utilities”), Article X (entitled “Municipal Setting Designations”), Sections 26-271 through 26-279, as well as pay a non refundable application fee in the amount set forth by the City Council in the City of Denton Fee Schedule. Several tools have been created to help applicants navigate the review process, including a Municipal Setting Designation Application Form, and a MSD process flow chart. The purpose of this supplementary guidance document is to provide additional information concerning the review process and to differentiate between the local and State requirements that must be met in order to successfully obtain a MSD. It is important for applicants to understand that the purpose of the local ordinance is to provide information for Denton staff review, provide public notification to citizens, facilitate a public meeting where citizens can ask questions of the applicant, and provide information needed for staff to make a recommendation to the Denton City Council. These are local processes and requirements. However, the actual granting of a MSD is a State process that is administered by the Texas Commission on Environmental Quality (TCEQ). To receive the MSD, the applicant will be required to provide additional information to the State, as well as go through an entirely separate review process at the State level. Although the State and local processes are separate and distinct, there is an interaction between the two processes that is crucial for successfully obtaining a MSD. The TCEQ requires all applicants seeking a MSD to provide “evidence of municipal support” before the TCEQ will process the MSD application. The State further requires that this “evidence of municipal support” must be in the form of an ordinance or resolution. To facilitate this State requirement, the City of Denton uses two ordinances during the MSD application process. The “controlling” ordinance is used to address local standards, information requirements, the review process, public notification requirements, and similar local issues. A “site specific” ordinance, specific to the MSD property in question, is created when the request is presented to the Denton City Council. The “site specific” ordinance, if approved by Council, is used by the applicant to demonstrate “municipal support” to TCEQ. Once this site specific ordinance is obtained, there is no further action on the part of the City of Denton until the applicant is successfully granted the MSD from the State. Applicants familiar with the MSD process will notice that there are similarities between the local notification process and public meeting, and the public notification and meeting requirements at the State level. Applicants, if they so choose and upon the agreement of the City of Denton, can therefore attempt to use a modification of the required local public notice process and associated public notification (as generally outlined in Section 26-275 of the City of Denton’s MSD ordinance) to simultaneously meetboth the local and State requirements. This option will likely be more initially expensive for the applicant, due to having to meet the more extensive State requirements, but might save the applicant time and additional notification expenses when filing the MSD application with the TCEQ. It should be noted that since the applicant must obtain Council approval, it is possible that the applicant could undergo the additional expenses associated with meeting State notification and public п¹»ï±ºíïîñðç ©©©ò½·¬§±º¼»²¬±²ò½±³ ÐÔßÒÒ×ÒÙ ßÒÜ ÜÛÊÛÔÑÐÓÛÒÌ ÜÛÐßÎÌÓÛÒÌ Ý·¬§Ø¿´´É»¬¬îîïÒÛ´³¬Ü»²¬±²ôÌ»¨¿éêîðï`£ÃÉ øçìð÷íìçèëìï ø ZÉ øçìð÷íìçééðé ©©©ò½·¬§±º¼»²¬±²ò½±³ Í«°°´»³»²¬¿®§Ù«·¼¿²½»º±®Ó«²·½·°¿´Í»¬¬·²¹Ü»·¹²¿¬·±²ß°°´·½¿¬·±² meeting requirements and still be denied the MSD if Council does not approve the ordinance. It should also be noted that it is the sole responsibility of the applicant, or the applicant’s representative, to ensure that the language of the public notice, as well as the notification process itself, meets the State requirements. The City of Denton assumes no liability for meeting the State requirements, but may modify the local processes to accommodate additional public notification and meeting requirements upon written request by the applicant. Applicants should be aware that the “standard” local notification process outlined in the City of Denton’s MSD ordinance may not be sufficient to meet TCEQ requirements. In other words, if an applicant chooses to follow only the local ordinance, the TCEQ may require the applicant to perform additional actions before granting a MSD. If the applicant chooses that the City of Denton provide public notification and public meeting requirements in addition to that set forth in the MSD ordinance, Denton staff may help facilitate the process under the following conditions and understandings. 1.The City of Denton must agree, in its sole discretion, to provide the requested additional actions. Nothing contained herein shall be construed to require the City of Denton to undertake any actions or activities in addition to those specified in the MSD Ordinance. 2.It is the sole responsibility of the applicant, not the City of Denton, to determine whether the proposed actions meet TCEQ requirements. The City of Denton assumes no responsibility for determining if the proposed actions meet State requirements. Any action that the applicant desires the City of Denton to undertake in addition to that set forth in the MSD ordinance must be specifically stated, in writing, and provided to the Director of Planning. 3.Unless otherwise directed by the applicant, the City of Denton will follow the standard public notification and public meeting requirements outlined in Denton’s MSD ordinance. No changes to the local process will be considered unless the proposed change is being requested by the applicant, in writing, in a memo provided to the Director of Planning. Changes to the local process will only be considered if the changes are needed so that the applicant meets requirements set forth by the TCEQ, as communicated to the City of Denton by applicant. Once the applicant has reviewed the language associated with the public notice with the TCEQ and confirms that the applicant’s proposed language meets TCEQ requirements, the applicant must provide this language to the City of Denton, both digitally and in hard copy, in the exact format needed for distribution. If agreed to by the City of Denton, the City of Denton will then publish notice as outlined in Section 26-275(a)1, and as requested by the applicant. Additional fees will be required to be paid by the applicant, as outlined in Item 4. 4.If an applicant desires to obtain signed delivery receipts for mailed notices, if required by the TCEQ as communicated to the City by applicant, the applicant must request this action in writing, in a memo to be provided to the Director. If agreed to by the City of Denton, the City of Denton will then provide written notice of the public meeting (as specified in 26-275(a)(2) via mail, with signed delivery receipts requested. Additional fees will be required to be paid by the applicant, as outlined in Item 4. 5.The current application fee for a Municipal Setting Designation provides $1000 for standard publication of the notice in the newspaper (as outlined in Item 2) and for mailing notices using the standard City of Denton п¹»î±ºíïîñðç ©©©ò½·¬§±º¼»²¬±²ò½±³ ÐÔßÒÒ×ÒÙ ßÒÜ ÜÛÊÛÔÑÐÓÛÒÌ ÜÛÐßÎÌÓÛÒÌ Ý·¬§Ø¿´´É»¬¬îîïÒÛ´³¬Ü»²¬±²ôÌ»¨¿éêîðï`£ÃÉ øçìð÷íìçèëìï ø ZÉ øçìð÷íìçééðé ©©©ò½·¬§±º¼»²¬±²ò½±³ Í«°°´»³»²¬¿®§Ù«·¼¿²½»º±®Ó«²·½·°¿´Í»¬¬·²¹Ü»·¹²¿¬·±²ß°°´·½¿¬·±² processes, as outlined in Item3. Additional requirements for newspaper publication and for mailing notices will be more costly than the standard Denton process. If the applicant desires to utilize additional notice process and the City of Denton agrees to provide such additional notice process , the applicant will be responsible for compensating the City of Denton Planning Department for any costs incurred above $1000. ׸¿ª»®»ª·»©»¼¬¸»«°°´»³»²¬¿®§·²º±®³¿¬·±²¿²¼«²¼»®¬±±¼¬¸»±°¬·±²¿ª¿·´¿¾´»ò ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ Í·¹²¿¬«®»Ü¿¬» ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ Ю·²¬Ò¿³» п¹»í±ºíïîñðç 1DRAFT MINUTES 2CITY COUNCIL COMMITTEE ON THE ENVIRONMENT 3December 9 2009 4 5After determining that a quorum of the Committee on the Environment of the Denton City 6Council was present, the Chair of the Committee on the Environment thereafter convened into an 7Open Meeting on December 9, 2009 at 10:30 a.m. in the City Council Work Session Room, 215 8East McKinney Street, Denton, Texas. 9 10 113. Receive a report, hold a discussion, and give staff direction on proposed revisions to 12Ordinance 2008-150, concerning Municipal Setting Designations. 13 14Dr. Kenneth Banks, Manager Division of Environmental Quality, stated that the Municipal 15Setting Designations (MSD’s) is a way to facilitate site cleanup and to help the site developer 16conduct cleanup without having to meet, in some cases, the drinking water standards associated 17with cleanup. There is potentially a lot of property, particularly in the downtown area, with 18shallow groundwater underneath it. The TCEQ’s stance is that shallow ground water that could 19potentially be used as drinking water that is demonstrated to be contaminated must be cleaned up 20to drinking water standard even though it is not being utilized for drinking water and will not be 21utilized for drinking water in the future because there is a potable supply. The TCEQ recognizes 22that this nuance associated with state codes has made it very difficult to get properties cleaned up 23in the past because the cost of cleaning up groundwater to drinking water standards tends to be 24much higher than the cost to remediate the surface and soils. This is because drinking water 25standards tend to be much lower than other contaminant standards. Due to the expense 26associated with groundwater cleanup to drinking water standards, developers may walk away 27from the property due to the cost, thus leaving the property in a contaminated state. The 28Municipal Setting Designation allows the municipality, in conjunction with a site developer, to 29put in place for perpetuity a restrictive covenant that states that the ground water water will never 30be used for drinking water purposes. This allows the TCEQ to remove the ground water 31ingestion standard from the evaluation, and then apply the next most stringent standard. 32 33There is a local component to the MSD in that the applicant must received approval from the 34City Council before the State will process the application. 35The site is subject to all state regulations that are applicable in this type of development and if 36the state grants the MSD, the property owner will be required to file a restrictive covenant with 37the County and the land is allowed to be developed without considering the drinking water 38standard as a remediation endpoint.. 39 40Staff created a draft MSD ordinance during 2008 and presented this ordinance several times to 41the COE. The final draft was then presented to Council, and was ultimately approved. Banks 42stated that one property within the city has gone through the entire MSD process under the new 43ordinance. Banks stated that staff, after working through the first property and learning how the 44ordinance would work, met with the applicant at the end of the process to review any concerns, 45issues and/or and problems with the ordinance; what could be done to improve it; and, what 46should be suggested for potential consideration should the ordinance need to be modified. The 47applicant was appreciative of the opportunity and although he did not have any issues in working 48with the city, he did state that based on the experience with the ordinance, there were three 49important issues to consider. 50 Draft Minutes of the Committee on the Environment Agenda meeting December 9, 2009 Page 2 of 3 1The first issue was with the public notification requirement. Public notification is required by 2the local ordinance and occurs on two levels. The local ordinance requires the applicant to 3notify citizens, describe what is being done at the property, and provide notification of a public 4meeting The applicant is then required to hold the public meeting to present the project to the 5public and answer any questions . All of this must occur before the issue is heard and council, 6and thus is designed to occur before the Council approves or does not approve the ordinance 7associated with the MSD. The approach thus allows citizens the opportunity to learn about the 8project, request additional information from the applicant, and have the opportunity to contact 9their council representative with any concerns. 10 11The issue is that the State also has a public notification requirement and it is possible to make the 12local notification requirement coincide with the state notification requirement. In the short term, 13this will cost the applicant more money, but in the context of the entire process might help save 14the applicant the expense and time associated with a second notification.. However, there are 15some differences between the City’s typical local notification process and the State’s notification 16requirements.. Most notably, the State requires certified mail to be have delivery receipts 17returned and the State must see all of those returned receipts to ensure compliance with the state. 18In this project, the applicant asked Denton to mail out information that met the States notification 19requirements in terms of content, but did not specify that a return receipt was needed. 20Typically, Planning does not request delivery receipts, when mailing a notification and, as a 21result, the applicant had to do a second round of notification. To correct this potential problem, 22staff is proposing the creation of a MSD Supplementary Guidance document to explain how 23those two notification processes coincide and how they differ. Staff is also seeking to modify the 24code to direct the applicant to utilize that supplementary guide and to outline a formal 25communication requirement with Planning. This should ensure that problem does not occur 26again. 27 28The second problem was the arbitrary amount of time chosen for the applicant to file the State 29certification with the County property records.Staff chose fifteen days believing that was an 30adequate amount of time following receipt of the MSD certification from the State to file the 31MSD certification along with the restricted covenant with the property records at the County. 32However, the applicant asked for an extension of the filing period to thirty days. Banks stated he 33saw no reason to deny that request and that is one of the changes staff is proposing. 34 35The third issue involves the insurance requirement. Currently, the applicant is required to buy an 36insurance policy for the site. It was believed that a policy of $1 million single occurrence should 37cover any accidental release from the property. Banks stated that the problem with requiring 38insurance is that underwriters simply do not know what an MSD is and it is very difficult to find 39a company that is willing to work through the underwriting process necessary to determine what 40an acceptable rate is for such insurance. Since MSDs are specific to the State of Texas, most 41insurances companies do not know what an MSD is supposed to accomplish. Banks then stated 42that interestingly the policy the applicant ended up getting states that the insurance company will 43cover releases but it appears that those releases will be covered after state and federal 44requirements have been met. In essence that removes a huge amount of liability on the part of 45the insurance company because it is going to be difficult to make the case that damage occurred 46after the State and Federal regulations had been met. It was very expensive for the applicant to Draft Minutes of the Committee on the Environment Agenda meeting December 9, 2009 Page 3 of 3 1get that insurance because the underwriters were not familiar with what the process entailed and 2it was also very costly in the long run because it is impossible to predict how long it will take to 3work through the MSD process at the state level. This particular property took a little over a 4year to get done and that is not unusual in any way shape or form. It is very difficult to plan for 5the timeframe, and on the environmental side it is difficult to try to determine a scenario where 6this insurance requirement would actually be applicable considering the already existing layers 7of state and federal regulations that would come into play if any release occurred. Banks also 8stated that the MSD deals only with the groundwater, and has no bearing on the cleanup of soils 9or other types of site contamination. 10 11Chair Mulroy stated that the insurance requirement was the first response to the MSD concept to 12try to develop protection for the community, but in retrospect and looking at how this is really 13working, he would concur with staff’s recommendation to eliminate the insurance requirement. 14It is self defeating when looking at how it actually works. 15 16Banks stated that he talked with the cities of Ft. Worth and Dallas, both of which have had MSD 17programs in place since the regulation was enacted at the state level in 2003. Those two cities 18have processed many of the MSD’s in the state of Texas, neither carry insurance requirements, 19staff at both cities could not determine a situation where the insurance as written would even be 20an advantage. 21 22Chair Mulroy asked if all were in concurrence with staff’s recommendation to forward the 23ordinance changes to the City Council for approval. Hearing no objection, Chair Mulroy 24directed staff to scheduled this item as a consent agenda item and to be prepared to discuss the 25item in work session if needed. Staff was directed to provide the memo with the redlined 26changes to the ordinance and should any council members have questions in the work session, 27the item can be pulled for individual consideration. Mayor Pro Tem Kamp and Council Member 28Gregory concurred. 29 AGENDA INFORMATION SHEET AGENDA DATE: January 12,20 10 DEPARTMENT: Environmental Services and Sustainability CM/ ACM: Howard Martin SUBJECT Consider adoption of a resolution by the City Council of the City of Denton, Texas recognizing the necessity of protecting our limited water supply resources from pollution; endorsing Watershed Protection as an Urgent Regional program for the County, Cities, Towns and Utilities located in the Watershed of Lewisville Lake; expressing the City's intention to participate in Watershed Protection strategies to preserve and protect the environment and to safeguard the public welfare; providing for an effective date. The Committee on the Environment recommends approval by a vote of (3-0). BACKGROUND The Upper Trinity Regional Water District (UTRWD) is a regional, non-profit conservation district that was created by the State of Texas in 1989.. UTRWD is authorized to provide water, wastewater, solid waste, and storm water / watershed protection services on a wholesale basis to towns, cities and utilities. The boundaries of the UTRWD include all of Denton County, plus limited portions of Collin and Dallas Counties. The District is currently comprised of 25 Member entities, divided among 21 cities and towns, 1 utility authority, and 3 special districts. The UTRWD is governed by a Board of Directors that is appointed by the governing bodies of Denton County and member entities. Currently, Tim Fisher, City of Denton Division Director for Water, is a member of the UTRWD Board of Directors. For several years, the UTRWD has been devoting efforts to watershed protection activities. These efforts are funded in part a dedicated portion of wholesale water sales. During the beginning of the UTRWD's watershed program, most program resources were devoted towards signage and education / outreach programs. Recently, however, the Upper Trinity has begun to devote resources towards watershed research. This research has culminated in the creation of a a series of "'strategies" and "key elements" for accomplishing watershed protection for Lewisville Lake. During the last 1.5 years, the UTRWD has been approaching municipalities and utility districts with a request for these entities to review the recommended strategies and key elements and consider adopting a resolution in support of watershed protection. The resolution states that the signing entity recognizes the necessity of protecting water supply resources from pollution, endorses watershed protection as an urgent regional need for the County, Cities, Towns, and Utilities located in the watershed of Lewisville Lake, and expresses the intent of the entity to participate in watershed protection strategies. To date, the following entities have adopted the resolution: City of Celina, City of Corinth, Town of Hickory Creek, City of Justin, Lake Cities Municipal Utilities, City of Lake Dallas, City of Lewisville, Town of Little Elm, Mustang Special Utility District, and the Town of Shady Shores. The UTRWD recently approached Tim Fisher and requested the City of Denton to consider reviewing the strategies and key elements information, and consider adopting the resolution. To meet this request, staff agreed to present this information to the Committee on the Environment for consideration and direction. There are a couple of key issues to consider about the resolution itself. First the resolution basically states that the adopting entity recognizes the importance of watershed protection, the importance of working towards these goals on a regional basis, and the need for reviewing the UTWRD Strategies and Key Elements for possible incorporation of appropriate items into local policies. Second, the Strategies and Key elements themselves represent activities and actions that have already been conducted by the City of Denton for many years. For example, the City of Denton has well established floodplain and riparian buffer protection provisions that have been in place since the Denton Development Code was adopted. The City also has active programs for recycling, yard waste collection and composting, native vegetation preservation, etc. In summary, the result of adopting this resolution, in staff's opinion, simply reiterates Denton's current policies and practices. However, in a broader perspective, adopting the resolution also provides more support to the concept of regional coordination for watershed protection activities. Hopefully, this support will encourage other entities in the Lake Lewisville watershed to consider adopting and practicing watershed protection activities similar to those being currently practiced by Denton. It is important to note that the concept of a more regional, coordinated approach to watershed protection activities represents a major goal Denton's new 319 grant, which is due to begin during January 2010. The UTRWD and North Texas Municipal Water District have both partnered with the City of Denton on this new grant. OPTIONS 1. Approve the resolution and associated "strategies and key elements" document. 2. Direct staff to modify the resolution and / or `'strategies and key elements" document and bring the modified documents back for Council consideration. 3. Reject the resolution. RECOMMENDATION Staff recommends option 1, approval of the resolution PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was presented to the Committee on the Environment on December 9, 2009. The Committee recommends approval (3-0). FISCAL INFORMATION None EXHIBITS 1. Resolution 2. Strategies and Key Elements document 3. Draft Committee on the Environment Minutes Respectfully submitted: Kenneth Banks Director of Env. Services & Sustainability RESOLUTION NO. R2010- ______ A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS RECOGNIZING THE NECESSITY OF PROTECTING OUR LIMITED WATER SUPPLY RESOURCES FROM POLUTION; ENDORSING WATERSHED PROTECTION AS AN URGENT REGIONAL PROGRAM FOR THE COUNTY, CITIES, TOWNS AND UTILITIES LOCATED IN THE WATERSHED OF LEWISVILLE LAKE; EXPRESSING THE CITY’S INTENTION TO PARTICIPATE IN WATERSHED PROTECTION STRATEGIES TO PRESERVE AND PROTECT THE ENVIRONMENT AND TO SAFEGUARD THE PUBLIC WELFARE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,a portion of theCity of Denton, Texas is located in the Lewisville Lake watershed; and ô WHEREAS the City Council recognizes that in the long-run our “watershed address” could be as significant for the well-being of our City as our “street address”; and WHEREAS,the watershed of Lewisville Lake is an area of on-going growth and development; and, the population in this watershed is expected to continue to increase, rapidly transforming the upper reaches of Lewisville Lake and its watershed from a rural setting to an area with urban characteristics; and WHEREAS,we believe that a coordinated Watershed Protection Program will help preserve, protect and enhance existing waterways in this vital watershed, including greenbelts, floodplains, streams, riparian lands, and wetlands; and WHEREAS, these waterways and environmental assets extend into and through each community in this watershed; thus, knitting homes, businesses and communities into a greater neighborhood, with shared environmental resources to sustain a high quality of life for each community; and WHEREAS, the Upper Trinity Regional Water District, has developed a list of suggested “Strategies and Key Elements” for watershed protection, a copy of which is attached hereto as Exhibit “A”, which is attached hereto and incorporated herewith by reference; and WHEREAS,it is advisable to advance the Lewisville Lake Watershed Protection Program in a cooperative manner with neighboring communities, considering that appropriate policies and actions that will help preserve and protect water resources where we live. THE CITY COUNCIL OF THE CITY OF DENTON,TEXAS HEREBY RESOLVES: SECTION 1.The City Council incorporates the provisions outlined in the Preamble of this Resolution by reference, and further endorses the timeliness of Watershed Protection, as outlined in said Preamble, to protect the water assets and water resources that are essential elements of our community’s health, economy and quality of life. 1 SECTION 2. The City Council expresses its intention to participate in a coordinated Lewisville Lake Watershed Protection Program in order to help protect the watershed, knowing that the quality of life for our citizens depends on preservation of these irreplaceable water assets. SECTION 3.The City Council hereby directs staff to review the attached “Strategies and Key Elements” for timely recommendations and for incorporation of appropriate items into local policies, practices and standards. SECTION 4. The City Council wishes to express its appreciation to the Upper Trinity Regional Water District for serving in a continuing role as facilitator for the development and implementation of a coordinated Watershed Protection Program, with strategies and best management practices for the protection of our watershed. . SECTION 5.This Resolution shall become effective immediately upon its passage. PASSED AND APPROVEDthis the ________ day of January 2010. ________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: ________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: ________________________________ 2 ÍÌÎßÌÛÙ×ÛÍ ßÒÜ ÕÛÇ ÛÔÛÓÛÒÌÍ ÑÚ ÌØÛ ÔÛÉ×ÍÊ×ÔÔÛñÙÎßÐÛÊ×ÒÛ ÔßÕÛ ÉßÌÛÎÍØÛÜ ÐÎÑÌÛÝÌ×ÑÒ ÐÎÑÙÎßÓ Protecting our fragile watersheds is a priority need for every citizen and every community. The greenbelts and floodplains, streams and waterways, riparian lands and wetlands: all are unique and irreplaceable. These are the important assets that a watershed protection program is designed to preserve and safeguard. Our quality of life and safe drinking water for our families - - all depend on being successful in watershed protection. Strategies (the tools) for a successful Watershed Protection Program can be quite varied, but typically will include many of the following measures and activities: ïò ÍÌÎßÌÛÙ×ÛÍ ÚÑÎ ÐÎÑÌÛÝÌ×ÒÙ ÉßÌÛÎÍØÛÜÍ Preservation of existing natural areas, including flood plains and riparian lands. Enforcement of erosion control measures at construction sites. Establishing guidelines for use of fertilizers and chemicals in landscaped areas, to minimize runoff. Use of organic practices for landscape and gardening activities. Recycle yard clippings into organic compost. Improving native vegetation in buffer zones between waterways and developed areas. Using floodplains for parks and open space, for habitat and for utility corridors or trail systems. Use of voluntary conservation easements to acquire property rights to valuable greenbelt land, enabling the preservation of these resources for future generations. Conversion of braided streams and gravel pits to wetlands or greenbelts. Using water assets and resources for community recreation, for educational purposes, and to enhance quality of life. Cooperation and collaboration between communities who jointly share water resource assets such as creeks and other elements of the common watershed. Promoting public education and watershed awareness programs. Installation of Watershed Awareness Signs in public places and along roadways. 3 îò ÕÛÇ ÛÔÛÓÛÒÌÍ ÚÑÎ ß ÉßÌÛÎÍØÛÜ ÐÎÑÌÛÝÌ×ÑÒ ÐÎÑÙÎßÓ Establishing Greenbelts.A coordinated Watershed Protection Program by the communities located in the Lewisville/Grapevine Lake watershed will help preserve and protect existing waterways, greenbelts, floodplains, streams, riparian lands and wetlands. These assets perform the vital function of filtering out pollutants such as pesticides and fertilizers and other harmful chemicals from entering the streams and waterways, thereby helping safeguard the quality of water entering water supply lakes. Protecting Water Quality.We all live in a watershed, the area around our neighborhood or community from which rainwater drains to a common waterway. A watershed includes yards, roadways, parks, construction sites, streams, flood plains, etc. A.Each person’s individual actions in the watershed directly affect the valuable downstream water resources. Everyday activities around homes and businesses have an impact - - either good or bad - - on the watershed. B.Trash left in the watershed is a common problem - - both a pollutant to the water and an eyesore to the neighborhood. Community groups often organize volunteers to help clean-up local waterways. C.Overuse or improper use of fertilizer, pesticides and other chemicals in landscape activities is a significant source of pollutants that find their way into water resources. Therefore, key strategies to protect water quality include the development of guidelines to educate the public about such pollutants, and encouraging the use of organic practices in gardening and landscapes. A strong educational program in schools and for the public about protecting watersheds and water quality is vital. A typical theme for public information can be: “Do you know your watershed address?” Water Conservation.Water is a precious resource for life. In planning for adequate future water supplies, conservation of existing resources at home and at work is a first step. Communities working together, offering public information programs concerning earth-friendly landscape techniques and irrigation practices can be a major strategy for water conservation. As a double benefit, the strategies that promote water conservation also tend to protect the quality of water resources. For example, the program encourages the use of organic è×ÄÛÉ éÏÛÊÈÉÙÛÌ× techniques for landscaped areas (requiring less fertilizers, pesticides and other chemicals) to help conserve water, and to protect water quality, also. Collection of Household Hazardous Waste.Proper disposal of Household Hazardous Waste helps protect the watershed and our drinking water resources. Many typical household products such as solvents, pharmaceuticals, cleaning supplies, batteries, paint, pesticides and weed killer pose potential hazards to our drinking water sources. Working with the communities in the watershed, Upper Trinity sponsors a program to safely collect and dispose of such leftover hazardous materials from households. 4 Education/Public Awareness. Watercourses extend into and through each community in the watershed - - knitting neighborhoods and communities together with a shared environmental resource. Strong public education, public awareness and outreach programs must play a major role in the success of water quality preservation and protection measure. 5 1DRAFT MINUTES 2CITY COUNCIL COMMITTEE ON THE ENVIRONMENT 3December 9 2009 4 5After determining that a quorum of the Committee on the Environment of the Denton City 6Council was present, the Chair of the Committee on the Environment thereafter convened into an 7Open Meeting on December 9, 2009 at 10:30 a.m. in the City Council Work Session Room, 215 8East McKinney Street, Denton, Texas. 9 10 114.Receive a report, hold a discussion and give staff direction regarding the Upper Trinity 12Regional Water District request for the City of Denton’s support of a Watershed Protection 13Resolution. 14 15Banks stated that this item relates to a request received from the Upper Trinity River Water 16District (UTRWD). The UTRWD is a nonprofit conservation district created by the State of 17Texas in 1989 and is authorized to provide water, wastewater services, solid waste, and storm 18water watershed services to clients. Denton has a relationship with UTRWD in that Tim Fisher, 19Director of Water Utilities, serves on the Board. In recent years the UTRWD has allocated some 20portion of it’s water sales to start gathering funds to do watershed protection activities for the 21Lake Lewisville watershed. Staff has been working closely with UTRWD on those efforts over 22the last couple of years. 23 24UTRWD had commissioned a study with UNT which has also overlapped with some of the work 25Denton has done on the Hickory Creek 319 grant. Part of this work was to create a resolution 26outlining a series of watershed protection activities. UTRWD hass been approaching 27municipalities and utility districts to adopt this resolution. Recently, Denton was approached 28and asked if it was interested in adopting this resolution. The resolution is based in part on the 29recommendations received from the study. It is also based in part on strategies outlined in sub 30chapter 17 of the Denton Development Code relating to environmentally sensitive areas and 31when one looks at 17 and at the recommendations of the resolution and associated criteria 32document, it overlaps with Denton’s sub chapter 17. UTRWD is asking Denton to do this 33because it has been successful in resolution adoption with some of the other cities and districts 34around the Lake and believes it would be an important show of support to have Denton’s name 35on this resolution. 36 37The requirements of subchapter 17 and other activities Denton is doing put Denton substantially 38beyond what the resolution is recommending. The UTRWD is a project partner with Denton in 39the upcoming 319 grant that will start up at the beginning of next year and so it would be a good 40show on the part of Denton to consideration adoption of this resolution. 41 42Mayor Pro Tem moved that the COE recommend approval of consideration of the resolution by 43the City Council with a second from Council Member Gregory. The motion was approved by a 443-0 vote. 45 AGENDA INFORMATION SHEET AGENDA DATE: January 12, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Jim Coulter 349-7194 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of Traffic Signal Hardware for the City of Denton Traffic Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 4431-Annual Contract for Traffic Signal Hardware awarded to the lowest responsible bidder for each item in the annual estimated amount of $200,000). BID INFORMATION This bid is for an annual contract for the purchase of traffic signals and related items. These materials will be utilized in the construction of new signals and in the maintenance of the existing traffic control system throughout the city of Denton. RECOMMENDATION Award to the lowest responsible bidders for related groups of items in the annual estimated amount of $200,000. Item # Vendor Amount Items 1-6 Traffic Parts, Inc Exhibit A Items 7-40, 90-94 Texas Highway Products Exhibit A Items 41-43, 96 Consolidated Traffic Controls, Inc. Exhibit A The lower cost on items 7-40, offered by Traffic Parts Inc, is not the specified parts as described in the bid specifications. Awarding line items 1-6, 7-40, 41-43, 90-94, as group items will allow us to mix items to save on freight charges and create an ease of ordering. Bid line items 44-89, and line 95 PRINCIPAL PLACE OF BUSINESS Consolidated Traffic Controls, Inc. Traffic Parts, Inc. Texas Highway Products Arlington, Texas Spring, TX Round Rock, TX Agenda Information Sheet January 12, 2010 Page 2 ESTIMATED SCHEDULE OF PROJECT This contract will remain in effect for one year from the date of award and may be renewed for additional one-year periods contingent upon pricing remaining the same. Delivery of materials is estimated to be 60 days or less. FISCAL INFORMATION These supplies and materials will be funded from account 352001.6520 and project account 360032444 on an as needed basis. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AIS-Bid 4431 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF TRAFFIC SIGNAL HARDWARE FOR THE CITY OF DENTON TRAFFIC DIVISION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4431-ANNUAL CONTRACT FOR TRAFFIC SIGNAL HARDWARE AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM 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 ITEM NUMBER NO VENDOR AMOUNT 4431 1-6 Traffic Parts, Inc. Exhibit A 4431 7-40, 90-94 Texas Highway Products Exhibit A 4431 41-43, 96 Consolidated Traffic Controls, 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 , 2010.' MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-ORD-B1D 4431 Exhibit A Þ×Ü ý ììíï ÜßÌÛæ Ò±ª»³¾»® ïéô îððç ß²²«¿´ ݱ²¬®¿½¬ º±® Ì®¿ºº·½ Í·¹²¿´ Ø¿®¼©¿®» ÛÍÌò ×ÌÛÓßÒÒËßÔ ËÑÓÜÛÍÝÎ×ÐÌ×ÑÒÊÛÒÜÑÎÊÛÒÜÑÎÊÛÒÜÑÎ ÏÌÇò ݱ²±´·¼¿¬»¼ Ì®¿ºº·½ Ì»¨¿ Ø·¹¸©¿§ Ì®¿ºº·½ ﮬô ײ½ò ݱ²¬®±´ô ײ½òЮ±¼«½¬ Ю·²½·°´» д¿½» ±º Þ«·²»æ ß®´·²¹¬±²ô ÌÈα«²¼ α½µô ÌÈÍ°®·²¹ô ÌÈ HEAD WITH BLACK VISORS, BLACK LOUVERED 148EA üïíðòëð METAL BACKPLATE FOR HORIZONTAL MOUNTING, AND READY FOR LED LENSES Manufacturer's Name: __________________ ÝØñÌÐñ ӽݿ·² Í»» Ю±°±¿´ Item #: __________________ HEAD WITH BLACK VISORS, BLACK LOUVERED 224EA üïíðòëð METAL BACKPLATE FOR VERTICAL MOUNTING, AND READY FOR LED LENSES Manufacturer's Name: __________________ ÝØñÌÐñ ӽݿ·² Í»» Ю±°±¿´ Item #: __________________ HEAD WITH BLACK VISORS, BLACK LOUVERED 316EA üîîîòðð METAL BACKPLATE FOR HORIZONTAL MOUNTING, AND READY FOR LED LENSES Manufacturer's Name: __________________ ÝØñÌÐñ ӽݿ·² Í»» Ю±°±¿´ Item #: __________________ HEAD WITH BLACK VISORS, BLACK LOUVERED 416EA üîïéòëð METAL BACKPLATE FOR VERTICAL MOUNTING, AND READY FOR LED LENSES Manufacturer's Name: __________________ ÝØñÌÐñ ӽݿ·² Í»» Ю±°±¿´ Item #: __________________ SIGNAL HEAD WITH BLACK VISORS, BLACK 512EA üîëëòðð LOUVERED METAL BACKPLATE, AND READY FOR LED LENSES Manufacturer's Name: __________________ ÝØñÌÐñ ӽݿ·² Í»» Ю±°±¿´ Item #: __________________ PEDESTRIAN HEAD, BLACK POLYCARBONATE, 632EAALUMINUM CLAM SHELL MOUNT, READY FOR LED üïïçòëð LENS ÝØñÌÐ Manufacturer's Name: __________________ Í»» Ю±°±¿´ Item #: __________________ PELCO 3-SECTION ASTROBRAC ASSEMBLY WITH 784EA84 INCH CABLE AND GUSSETED TUBE, AS-0125-3- üïðìòíð 84 PELCO 5-SECTION ASTROBRAC ASSEMBLY WITH 832EA84 INCH CABLE AND GUSSETED TUBE, AS-0125-5- üïïëòéë 84 PELCO 5-SECTION ASTROBRAC CLUSTER 912EAASSEMBLY WITH 84 INCH CABLE AND GUSSETED üïèéòçë TUBE, AS-0138-2-84 Exhibit A Þ×Ü ý ììíï ÜßÌÛæ Ò±ª»³¾»® ïéô îððç ß²²«¿´ ݱ²¬®¿½¬ º±® Ì®¿ºº·½ Í·¹²¿´ Ø¿®¼©¿®» ÛÍÌò ×ÌÛÓßÒÒËßÔ ËÑÓÜÛÍÝÎ×ÐÌ×ÑÒÊÛÒÜÑÎÊÛÒÜÑÎÊÛÒÜÑÎ ÏÌÇò ݱ²±´·¼¿¬»¼ Ì®¿ºº·½ Ì»¨¿ Ø·¹¸©¿§ Ì®¿ºº·½ ﮬô ײ½ò ݱ²¬®±´ô ײ½òЮ±¼«½¬ Ю·²½·°´» д¿½» ±º Þ«·²»æ ß®´·²¹¬±²ô ÌÈα«²¼ α½µô ÌÈÍ°®·²¹ô ÌÈ PELCO 3-SECTION HORIZONTAL SPAN WIRE 1012EA üéîòëë ASSEMBLY WITH STANDARD TUBE, AB-0127-3 PELCO 5-SECTION HORIZONTAL SPAN WIRE 1112EA üèïòðð ASSEMBLY WITH STANDARD TUBE, AB-0127-5 PELCO 3-SECTION HORIZONTAL SPAN WIRE 1224EA üïììòçð ASSEMBLY FOR TETHER WIRE, SP-3058-TX-3-ALO PELCO 5-SECTION HORIZONTAL SPAN WIRE 1324EA üïêíòîë ASSEMBLY FOR TETHER WIRE, SP-3058-TX-5-ALO PELCO 5-SECTION SPAN WIRE CLUSTER 1412EAHARDWARE, 1 EA: SE-0338, SE-0371-M2, SE-5121, üéîòîð 2 EA: SE-0474-M2, FS-3218-SS PELCO SPAN WIRE SIGN HARDWARE, 1 EA: SE- 1536EA üëíòîë 0338, SE-5037, AND SE-5051-72 PELCO PEDESTAL POLE HARDWARE, 1 EA: PB- 1612EA0543, PB-5335, PB-5306, PB-5325, PB-5401, FS-2039- üìïëòðð SS, AND PB-5100-16 PELCO ASTROBRAC W/ 84 INCH CABLE, AS-3009- 1750EA üëèòêë 84 PELCO ASTROBRAC W/ 120 INCH CABLE, AS-3009- 1812EA üêëòëð 120 PELCO MINI ASTROBRAC CABLE MOUNT, AB-0160- 1936EA üîçòìë 45 PELCO MINI ASTROBRAC CABLE MOUNT, AB-0163- 2012EA üîêòèë 45 PELCO PED PUSH BUTTON STATION, BLACK, SE- 2132EA üìèòèð 2023-08-P34 PELCO PED SIGN LEFT, SF-1030-05, FOR STATION 2224EA üïïòêð SE-2023-08 PELCO PED SIGN RIGHT, SF-1031-05, FOR 2324EA üïïòêð STATION SE-2023-08 PELCO PED SIGN, SF-1020-05, FOR STATION SE- 2424EA üïîòìë 2023-08 PELCO PED PUSH BUTTON ASSEMBLY, BLACK, SE- 2524EA üîìòéð 2009-08-P34 2650EAPELCO PED PUSH BUTTON SWITCH, SE-0211 üïîòêë 2724EAPELCO TETHER ASSEMBLY, SE-5121 üîðòìë 2848EAPELCO U-BOLT WITH MUFFLER CLAMP , WB-5275 üïïòîë 2924EAPELCO CAMERA MOUNTING ASSEMBLY, SH-0514 üîîòíë 3050EAPELCO PINS, 1 EA: FS-6003-GLV AND FS-6100-SS üïòëë PELCO ITC HANDHOLE COVER ASSEMBLY, AP- 3136EA üìíòíð 1087 3224EAPELCO SPAN WIRE ADAPTER, SE-0371-M2 üéòîë Exhibit A Þ×Ü ý ììíï ÜßÌÛæ Ò±ª»³¾»® ïéô îððç ß²²«¿´ ݱ²¬®¿½¬ º±® Ì®¿ºº·½ Í·¹²¿´ Ø¿®¼©¿®» ÛÍÌò ×ÌÛÓßÒÒËßÔ ËÑÓÜÛÍÝÎ×ÐÌ×ÑÒÊÛÒÜÑÎÊÛÒÜÑÎÊÛÒÜÑÎ ÏÌÇò ݱ²±´·¼¿¬»¼ Ì®¿ºº·½ Ì»¨¿ Ø·¹¸©¿§ Ì®¿ºº·½ ﮬô ײ½ò ݱ²¬®±´ô ײ½òЮ±¼«½¬ Ю·²½·°´» д¿½» ±º Þ«·²»æ ß®´·²¹¬±²ô ÌÈα«²¼ α½µô ÌÈÍ°®·²¹ô ÌÈ PELCO ILSN MOUNTS, 1 EA: AB-0160-45, SE-0371- 3324EA üéëòíð M2, SE-0611-M2, SE-4031-M2, SE-5048-SS 3424EA üïëëòèì PELCO STAINLESS STEEL 5/16" CHAIN PER FOOT, 3524FT üïèòïð FS-6509-SS 3636EAPELCO HORIZONTAL SLIP TEE, SE-0474-M1 üïðòðð 3724EAPELCO SERRATED ELL, SE-0457-M1 üéòçë 3824EAPELCO NIPPLE, 1-1/2" NPS X 12", SE-0436-12 üéòçð 3924EAPELCO NIPPLE, 1-1/2" NPS X 74", SE-0436-74 üíðòêð PELCO ANCHOR NUT SETS, 4 EA: FS-1010-GLV, 4048EA üèòîð FS-4911-GLV BACKPLATE, 3-SECTION BLACK LOUVERED 4124EA üíðòðð METAL FOR TCT Manufacturer's Name: __________________ л»µ Ì®¿ºº·½ Item #: __________________ BACKPLATE, 5-SECTION BLACK LOUVERED 4224EA üìíòðð METAL FOR TCT Manufacturer's Name: __________________ л»µ Ì®¿ºº·½ Item #: __________________ BACKPLATE, 5-SECTION CLUSTER, BLACK 4312EA üïëëòðð LOUVERED METAL FOR TCT Manufacturer's Name: __________________ л»µ Ì®¿ºº·½ Item #: __________________ PDC NEMA CABINET FLASHERS, MODEL 204, SSF- 9040EA üïèòéë 87 9160EAPDC NEMA CABINET LOADSWITCHES, SSS-87I/O üîçòíð EDI ORACLE 4E, 4-CHANNEL LCD LOOP 9224EA üîíìòðð DETECTOR CARD 9312EAEDI SSM-12LEip MONITOR WITH ETHERNET PORT üêéîòðð 9424EAEDI MMU-16LEip MONITOR WITH ETHERNET PORT üêçëòðð 3M C924, 4-CHANNEL CANOGA LOOP DETECTOR 9624EA üëçëòðð CARD Delivery can be made within __________ days of receipt of order. Bidder is an authorized distributor, by the manufacturer, and is authorized to ÄØÊÄØÊÄØÊ sell to the City of Denton? YES or NO or N/A *Prices shall be bid F.O.B. Denton AGENDA INFORMATION SHEET AGENDA DATE: January 12, 2010Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8410 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and Houston Galveston Area Council of Governments awarding a contract for the purchase of eight police sedans; providing for the expenditure of funds therefor and providing an effective date (File 4459Purchase of Police Sedans awarded to Philpott Ford Inc. in the amount of $159,761 and Dallas Dodge in the amount of $22,246 for a total award amount of $182,007). FILE INFORMATION These eight units are Police vehicle acquisitions and will replace similar 2005 model units no longer suitable for police activities. There are seven Ford Crown Victoria units at a cost of $22,823 each and one Dodge Charger unit at a cost of $22,426. A pricing sheet for both types of vehicle is included as Exhibit 1 and 2. Cooperative agreement handling fees and service manuals are estimated less than $1,000 and may vary depending upon the number of purchase orders issued and service manuals required. All units are powered by Unleaded/E- 85 with LEV ratings that meet or exceed EPA standards. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This equipment replacement was approved during the FY 2009-2010 budget process. RECOMMENDATION Award the purchase of Police vehicles through Interlocal Agreement contracts to Philpott Ford Inc. in the amount of $159,761 and Dallas Dodge in the amount of $22,246 for a total award amount of $182,007. PRINCIPAL PLACE OF BUSINESS Philpott Ford, Inc. Dallas Dodge Nederland, TX Dallas, TX ESTIMATED SCHEDULE OF PROJECT The estimated delivery of the vehicles is approximately 60-90 days. Agenda Information Sheet January 12, 2010 Page 2 FISCAL INFORMATION This acquisition will be funded from bond account 810041461.1355.30100. Requisition 96942 to Philpott Ford and Requisition 96957 to Dallas Dodge have been entered in the Purchasing software system. EXHIBITS Exhibit 1: Quote from Philpott Ford Inc. with Tarrant County Pricing Exhibit 2: Quote from Dallas Dodge with Houston Galveston Council of Government pricing Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4459 Exhibit 1 ÐÑÔ×ÝÛ ÝÎÑÉÒ Ê×ÝÌÑÎ×ßùÍ ÌßÎÎßÒÌ ÝÑËÒÌÇ Þ×Üýîððéóïçð ÛßÝØÏÌÇ ÑÚ é îððç ÚÑÎÜ ÝÎÑÉÒ Ê×ÝÑÎ×ß ÐÑÔ×ÝÛ ×ÒÌÛÎÝÛÐÌÑÎ Ðóéï ì ÜÑÑÎ ÍÛÜßÒ Ê×ÞÎßÒÌ ÉØ×ÌÛñ ÝØßÎÝÑßÔ ÙÎßÇ ×ÒÌÛÎ×ÑÎü ïçôêéëòððü ïíéôéîëòðð ÑÐÌ×ÑÒßÔ ×ÌÛÓÍæÝÑÜÛ Ô·½»²» д¿¬» Þ®¿½µ»¬ô º®±²¬Í¬¿²¼¿®¼²± ½¸¿®¹» ü ó Ó±´¼·²¹ô ½±´±® µ»§»¼ ¾±¼§·¼»ô º®±²¬ ·²¬¿´´»¼çêßü ïçêòðð ü îèòðð ß«¼·± ßÓñÚÓ Î¿¼·±Í¬¿²¼¿®¼²± ½¸¿®¹» ü ó Ü»½µ´·¼ λ´»¿»Ý±¼» êïØü ïéëòðð ü îëòðð Ô¿³°ô ݱ«®¬»§ Ü·¿¾´»Ý±¼» ìéèü éðòðð ü ïðòðð Í°±¬ Ô·¹¸¬ô Ü®·ª»® Í·¼»Ý±¼» ëïßü ïôðçîòðð ü ïëêòðð λ¿® ܱ±® Ô±½µñ ¸¿²¼´» ·²±°Ý±¼» êéÎü èìòðð ü ïîòðð Ì®«²µ п½µÝ±¼» ïìÌü ïôîçëòðð ü ïèëòðð É·²¼±© λ¿® б©»® Ü»´»¬»Ý±¼» çìèü çïòðð ü ïíòðð ر®²ô Í·®»²ô ©·®·²¹ °®»°Ý±¼» ïéîü ìëëòðð ü êëòðð ο¼·±ô î ©¿§ °®» ©·®» ©ñÞ±²¼·²¹ ͬ®¿° е¹Ý±¼» çìêü íççòðð ü ëéòðð ο¼·± Í«°°®»·±² п½µ¿¹»Ý±¼» ëíÓü êêëòðð ü çëòðð ݱ´¬¸ Ú®±²¬ Þ«½µ»¬ô ®»¿® ª·²§´Í¬¿²¼¿®¼²± ½¸¿®¹» ü ó Þ®¿µ» ß²¬·óÔ±½µ ͧ¬»³Í¬¿²¼¿®¼²± ½¸¿®¹» ü ó Ú´±±® ݱª»®·²¹ô Ϋ¾¾»®Í¬¿²¼¿®¼²± ½¸¿®¹» ü ó б©»® É·²¼±©Í¬¿²¼¿®¼²± ½¸¿®¹» ü ó ëð ͬ¿¬» Û³··±² ͧ¬»³Ý±¼» ìîë²± ½¸¿®¹» ü ó Í»¿¬ Í·¼» ß·®¾¿¹Ý±¼» ëçÓü ïôèîðòðð ü îêðòðð б©»® ß¼¶«¬¿¾´» л¼¿´Ý±¼» ëçÝü éçïòðð ü ïïíòðð Ú®±²¬ Ы¸ Þ«³°»®Ù± θ·²± ëðíèü îôëëëòðð ü íêëòðð Ú·®» п²»´ü ìôîèðòëð ü êïïòëð Ø¿§´±² çïï ͧ¬»³ü ëôìéðòëð ü éèïòëð Ü»¬·²¿¬·±² ݸ¿®¹»ü îôëçéòðð ü íéïòðð Ю·½» °»® ª»¸·½´»ü îîôèîíòððü ïëçôéêïòðð Exhibit 2 CONTRACT PRICING WORKSHEET ContractDate 12/17/2009 VE03-06 No.:Prepared: For Standard Equipment Purchases This Form must be prepared by Contractor and given to End User. The H-GAC administrative fee shall be shown in Section F. End User issues PO to Contractor, and MUST also fax a copy of PO, together with completed Pricing Worksheet, to H- GAC @ 713-993-4548. Please type or print legibly. Buying City of DentonDallas Dodge Contractor: Agency: ContactPrepared Robyn ForsythBert Stull Person:By: 214-319-1289 Phone:Phone: 214-319-1306 Fax:Fax: robyn.forsyth@cityofdenton.combstull@kag-1.net Email:Email: Product 2010 Police Charger C03 Description: Code: A. Product Item Base Unit Price Per Contractor's H-GAC Contract: 18665 B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable. (Note: Published Options are options which were submitted and priced in Contractor's bid.) DescriptionDescription CostCost Driverside spotlight 178 Inop rear door handles 43 Cloth front front vinyl rear seating 127 Vinyl flooring 89 Side curtain airbags 343 Power driver seat 380 5.7L V8 986 Subtotal From Additional Sheet(s): Subtotal B: 2146 C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary. (Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) DescriptionDescription CostCost Push bumper 385 Subtotal From Additional Sheet(s): Subtotal C: 385 Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit For this transaction the percentage is: 2% Price plus Published Options (A+B). D. Other Cost Items Not Itemized Above (e.g. Installation, Freight, Delivery, Etc.) DescriptionDescription CostCost Upper trunk trayDelivery 37575 Subtotal D: 450 E. Total Cost Before Any Applicable Trade-In / Other Allowances / Discounts (A+B+C+D) 21646 Quantity Ordered: X Subtotal of A + B + C + D: 121646=Subtotal E: 21646 F. H-GAC Fee Calculation (From Current Fee Tables) Subtotal F: 600 G. Trade-Ins / Other Allowances / Special Discounts DescriptionDescription CostCost Subtotal G: 0 Delivery Date: TBDH. Total Purchase Price (E+F+G): 22246 ORDINANCE NO. ___________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY AND HOUSTON GALVESTON AREA COUNCIL OF GOVERNMENTS AWARDING A CONTRACT FOR THE PURCHASE OF EIGHT POLICE SEDANS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE (FILE 4459PURCHASE OF POLICE SEDANS AWARDED TO PHILPOTT FORD INC. IN THE AMOUNT OF $159,761 AND DALLAS DODGE IN THE AMOUNT OF $22,246 FOR A TOTAL AWARD AMOUNT OF $182,007). WHEREAS, pursuant to Ordinance 95-175, Tarrant County, Texas has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedure of state law on behalf of the City of Denton; and WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of Government (H-GAC) 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 Tarrant County Cooperative Purchasing programs and the Houston-Galveston Area Council of Government (H-GAC) 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 numbered items in the following numbered purchase order for and on file in the office of the Purchasing Agent are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 4459 Philpott Ford Inc. $159,761 4459 Dallas Dodge $ 22,246 SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to Tarrant County and the Houston-Galveston Area Council of Government (H- GAC) 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 Tarrant County (Bid 2001-125), and the H-GAC the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by Tarrant County and H-GAC, 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 Tarrant County and H-GAC, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above numbered items set forth, 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 , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 4-ORD-4226 AGENDA INFORMATION SHEET AGENDA DATE: January 12, 2010Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8410 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of a Altec Pressure Digger as awarded by the State of Texas Building and Procurement Commission (Contract TXMAS-3-23010); providing for the expenditure of funds therefor; and providing an effective date (File 4462-Pressure Digger for Denton Municipal Electric awarded to Altec Industries, Inc. in the amount of $195,164). The Public Utilities Board recommends approval (7-0). FILE INFORMATION The Texas Multiple Award Schedule awarded a contract (TXMAS-3-23010) to Altec Industries, Inc. for the purchase of Pressure Digger Model #HD35A to be mounted on an existing truck chassis. This purchase was approved during the FY 2009-2010 budget process and will replace an existing digger unit-ED8837. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This equipment replacement was approved by the Public Utilities Board on December 14, 2009. RECOMMENDATION Award the purchase of Electric Department Altec Pressure Digger Model# HD35A to Altec Industries, Inc. in the amount of $195,164. PRINCIPAL PLACE OF BUSINESS Altec Industries, Inc Waxahachie, TX ESTIMATED SCHEDULE OF PROJECT The delivery schedule for this list of equipment varies from 150 to 180 days after receipt of an order. Agenda Information Sheet January 12, 2010 Page 2 FISCAL INFORMATION This item will be funded from account 602609605.1355.3920. Requisition 96683 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Quote from Altec Industries, Inc. with TXMAS pricing Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4462 Exhibit 1 November 30,2009 Our 80th Year 2009 City of Denton Acct Manager: Mike Covington QUOTATION NUMBER: 10332OL NOTE: THIS QUOTE IS IN COMPLIANCE WITH TEXAS MULPIPLE AWARD SCHEDULE (TXMAS) CONTRACT NO. TXMAS-3-23010. ItemQty.DescriptionPrice PRESSURE DIGGER 1.1Altec Model HD35A Hydraulic Pressure Digger built in the following standard features: A.Stationary structural frame which mounts to chassis. 36 inches wide x 24 inches deep x 30 inches high (914 x 610 x 762 mm). B.240 degree revolving frame C.Auxiliary engine with 50 gallon (189 L) fuel tank and automatic shutdown controls for low oil pressure and high water temperature. Engine hood-mounted gauges include oil pressure, water temperature, and voltmeter. Access ladder from ground and work platform included. D.Hydraulic system with a 6,000 psi (408.2 bar) hydrostatic pump and motor closed-loop system which drives the digging function E.Hydraulic system with a 2,300 psi (156.5 bar) vane pump and controls for all other functions F.Diagnostic pressure test quick disconnect couplings G.Hydraulic reservoir, 90 gallons (340 L) QUOTATION NUMBER: 10332OL 2 HD35A-12 Pressure Digger Item Qty. Description Price H. ion with arm rest controls. Console- mounted pressure gauges for Charge Pressure, Auger Rotation, Feed Ram, and General System. Folding access ladder. I. Pressure digger mast including 3.5 inch (89 mm) kelly bar and feed ram piston which provides down force up to 35,600 pounds (78,480 kg). J. Altec Inertia Drive System which includes a patented spur gear reduction with an energy storage capability that has the tendency to keep on digging when the auger hits a rock or other obstruction K. Main digger frame slides fore and aft 36 inches (914 mm) L. Mast leveling control provides independent leveling of the mast 20 degrees to right, to left, and to the rear. M. Outrigger motion alarm for outriggers. N. Assembly of digger O. Two (2) Operators and two (2) Maintenance/Parts manuals P. Many fabricated items are powder coat painted. The remaining parts are painted with primer coat and finish coat paint, white. Q. ANSI Z535 safety and instructional signs R. Down haul swivel hook S. Snatch block. T. Wheel chock holders #205 Altec HD35A 12 feet Pressure Digger with 12 foot 2. 1 NOTE: 12 foot is kelly bar length, (3.7 m) Digging Depth. height with ALTEC standard pressure digger auger and may vary from chassis to chassis. UTILITY EQUIPMENT AND BODIES SINCE 1929 QUOTATION NUMBER: 10332OL 3 HD35A-12 Pressure Digger Item Qty. Description Price 3. 1 Custom Option: #340 Engine John Deere CK6068TP3 (Tier III) turbocharged 6 cylinder diesel, 155 HP 4. 1 #321 Structural Frame for installation on tandem axle 108inch CT chassis, 5. 1 #234 Pole Setter, Telescopic for pressure digger with 12 foot (3.7 m) digging depth, 21.8 foot (6.6 m) sheave height retracted, 29.8 foot (9.1 m) extended. Includes pole guides, with pilot- function. 6. 1 Custom Option: A 15,000 lb (6804 kg) rated winch, and 100 8,000 lb feet of 1/2 inch wire rope, (3630 kg) lifting capacity. 7. 1 #310 Outrigger - primary A-frame, flat-shoe, 110 inch (2794 mm) spread, single or tandem axle chassis 8. 1 #311 Outrigger auxiliary A-frame, flat-shoe, 149 inch (3785 mm) spread, for all chassis (not required for single axle chassis) #347 Tool Circuit two (2) sets of quick disconnect couplings. 9. 1 Hose reel and 50 feet (15.2 m) of 3/8 inch (9.5 mm) hose with one set of quick disconnect couplings and control valve on curb side. 1 set of fixed quick disconnect couplings on street side. Parker flat-face couplings with female couplings (FF-371-6FP) on the pressure lines and male couplings (FF-372-6FP) on the return lines. #251 Water Tank 100 gallon (378.5 L), includes hose to kelly 10. 1 bar, with shut-off valve #359 Auger Stand 3.5 inch (89 mm) auger post, 10 inches 11. 3 (254 mm) high Custom Material Storage Box 18 x 18 x 36 inches wide, for 12. 1 street side mounting on chassis rail. Door with key-type lock with two keys. UTILITY EQUIPMENT AND BODIES SINCE 1929 QUOTATION NUMBER: 10332OL 4 HD35A-12 Pressure Digger Item Qty. Description Price 13. 1 #360 Rear Window Guard structure mounted on stationary frame to protect back of cab, 84 inches wide by 60 inches high (2134 x 1524 mm) 14. 1 #398 Umbrella plastic, 68 inches (1730 mm) diameter. 15. 1 #399 Wheel Chocks rubber, 10 inches long, 8 inches wide, 5½ inches high (254 x 203 x 139 mm). Set of two. 16. 1 Custom Option: 9ft. nylon sling with eye each end. Sling is to be attached to downhaul weight and to shackle at base of boom. 17. 1 Custom Option: and to have T-Handle for easier operator removal and installation. 18. 1 Custom Option: Remove light holder on rear of the slide frame. 19. PRESSURE DIGGER AND HYDRAULIC ACCESSORIES 20. 1 Primary outriggers are to be installed at rear behind rear axle. Auxiliary outriggers are to be installed between back of cab and front of body. 21. 1 6ft hose assembly running from the water tank shut off valve down to area where operator can direct into hole being drilled. 22. 1 Provisions to pin up the rear mud flaps. 23. 1 Install swivel hook on the winch line cable. 24. 1 PDR-30 S-350 Hub C--519 25. 1 PDR-30 S-350 Hub C--524 26. 1 Hydraulic oil and lubricants installed. 27. 1 Build-up of rear chassis cab springs. UTILITY EQUIPMENT AND BODIES SINCE 1929 QUOTATION NUMBER: 10332OL 5 HD35A-12 Pressure Digger Item Qty. Description Price 28. 1 Install glad hands at rear of chassis, one (1) per each side. ELECTRICAL ACCESSORIES 1. 1 Lights and reflectors in accordance with FMVSS #108 lighting package installed. 2. 1 Electric brake controller. 3. 1 Berg or equivalent six- (6) pole electrical trailer connection. 4. 2 Amber strobe lights installed one each side of rear cab protector with master switch and indicator light in cab. Strobe lights are to be visible from the front and rear of the vehicle. Note: Strobe lights will be wired hot to chassis cab battery system. MISCELLANEOUS 1. 4 Outrigger Pads 2. 2 Outrigger Pad Holders, one (1) each installed per side. 3. 2 Pendulum retainers on outrigger pad holders. 4. 1 Holland Model T125 or equivalent pintle hook, heavy duty - to centerline of throat. 5. 1 Two-safety chain rings. 6. 1 One set of splash aprons installed behind rear wheels. 7. 1 Triangular reflector kit installed in cab behind seat on 8. 1 Five-pound fire extinguisher with mounting bracket, shipped loose. 9. 1 Anti-skid paint applied to all walkway surfaces. UTILITY EQUIPMENT AND BODIES SINCE 1929 QUOTATION NUMBER: 10332OL 6 HD35A-12 Pressure Digger Item Qty. Description Price 10. 1 This device is designed and manufactured in a facility that is certified to meet ISO 9001 11. 1 One (1) year parts warranty 12. 1 13. 1 One (1) year labor warranty at an Altec service facility 14. 1 For so long as the initial purchaser owns the product, major components warranty at an Altec service facility (See Altec Limited Warranty) FINAL ASSEMBLY 1. 1 Installation of pressure digger and digger accessories. 2. 1 Miscellaneous hardware and materials required for installation of pressure digger and digger accessories. 3. 1 Install safety-warning decals for general-purpose users. 4. 1 Paint pressure digger and accessories one solid color white to match cab. 5. 1 Delivery to Denton, TX SUB TOTAL $192,026.00 1 CHASSIS AND ACCESSORIES Installed on customer supplied chassis: Chassis will be a 2002 Freightliner FL80. Customer to remove their existing pressure digger unit to allow for reinstallation. Contact inside sales with any questions or concerns. CHASSIS TOTAL $0.00 TOTAL $192,026.00 UTILITY EQUIPMENT AND BODIES SINCE 1929 QUOTATION NUMBER: 10332OL 7 HD35A-12 Pressure Digger Item Qty. Description Price NOTES 1. F.O.B. Denton, TX 2. Terms: If chassis is ordered through ALTEC Industries, Inc. the chassis payment is due upon receipt of the chassis at ALTEC Industries, Inc. Balance is due net ten (10) days after receipt of completed unit. 3. Interest charge of ½% per month to be added for late payment. 4. Delivery: 150 - 180 days after receipt of order PROVIDING: A. Chassis is received a minimum of sixty (60) days before scheduled delivery. B. Approval drawings are returned by requested date. C. Vendor or customer supplied accessories are received by date necessary for compliance with scheduled delivery. Options 17-ft Pressure Digger Option: 1. 1 ADD...$3,138.00 #202 Altec HD35A 17 feet Pressure Digger with 17 foot (5.2 m) Digging Depth. #225 Pole Setter, Telescopic17 for pressure digger with foot (5.2 m) digging depth, 26.8 foot (8.2 m) sheave height retracted, 34.8 feet (10.6 m) extended. Includes pole guides, with pilot- A 15,000 lb rated winch, hydraulically operated, mounted on the side of the mast, requires no winch payout when unstowing the mast. Includes cable clevis, snatch block, winch rope tensioning device, and 125 feet (38.1 m) of ½ inch (13 mm) 8,000 lb wire rope, (3630 kg) lifting capacity UTILITY EQUIPMENT AND BODIES SINCE 1929 ORDINANCE NO. _____________ AN ORDINANCE AWARDING A CONTRACT UNDER THE TEXAS MULTIPLE AWARD SCHEDULE (TXMAS) PROGRAM FOR THE PURCHASE OF A ALTEC PRESSURE DIGGER AS AWARDED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION (CONTRACT TXMAS-3-23010); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4462-PRESSURE DIGGER FOR DENTON MUNICIPAL ELECTRIC AWARDED TO ALTEC INDUSTRIES, INC. IN THE AMOUNT OF $195,164). WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and Procurement Commission 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 Building and Procurement 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 numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 4462 Altec Industries, Inc. $195,164 SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the Building and Procurement Commission 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 Building and Procurement Commission, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procurement Commission, 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 Building and Procurement Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-ORD-File 4462 DRAFT MINUTES PUBLIC UTILITIES BOARD December 14, 2009 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board thereafter convened into an Open meeting on Monday, December 14, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Chair Dick Smith, Bill Cheek, Phil Gallivan, John Baines, Randy Robinson, Bill Grubbs and Barbara Russell Ex Officio: George C. Campbell, City Manager Howard Martin, ACM Utilities CONSENT AGENDA: The Public Utilities Board has received background information, staff's recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. 1) Consider recommending adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the TXMAS Cooperative Purchasing Network for the acquisition of one Altec Pressure Digger for the City of Denton Electric Department by way-of an Interlocal Agreement with the City of Denton; and providing an effective date (File #4462-Interlocal Agreement for the purchase of Electric Distribution Pressure Digger and awarded to single vendor as listed, in the amount of $195,164). Board Member Bill Grubbs moved to approve Item 1 with a second from Board Member Phil Gallivan. The motion was approved by a 7-0 vote. The meeting was adjourned by consensus at 11:23 a.m. AGENDA INFORMATION SHEET AGENDA DATE: January 12, 2010 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 Cooperative Purchasing Network for the acquisition of one Peterbilt 348 Dump Truck for Denton Municipal Electric by way of an Interlocal Agreement with the.City of Denton; and providing an effective date (File 4453- DumpTruck for Denton Municipal Electric awarded to Rush Truck Centers of Texas, LP in the amount of $113,780). The Public Utilities Board recommends approval (7-0). FILE INFORMATION The Texas Buy Board awarded a contract to Rush Truck Centers of Texas, LP for the purchase of a Peterbilt 348 Chassis/ Dump Truck. This purchase was approved during the FY 2009-2010 budget process and will replace an aging dump truck currently in use. This transaction is for the acquisition of a tandem axle Peterbilt 348 Chassis, Tier III Engine, CARB Engine Idling compliance equipped. RECOMMENDATION Award the purchase of a Peterbilt 348 Dump Truck in the amount of $113,780 to Rush Truck Centers of Texas, LP. PRIOR ACTION/REVIEW (Council,-Boards, Commissions) This equipment replacement was approved by Public Utilities Board on December 14, 2009. PRINCIPAL PLACE OF BUSINESS Rush Truck Centers of Texas, LP San Antonio, TX ESTIMATED SCHEDULE OF PROJECT Upon issuance of purchase, delivery of the truck should be within 180 days. Agenda Information Sheet January 12, 2010 Page 2 FISCAL INFORMATION This item will be funded from account 602613605.1355.3920. Requisition 96647 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Buy Board Quote from Rush Truck Centers of Texas, LP Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4453 Exhibit 1 Rush Truck. Center, Crane PO Box 200105 ` TRUCK CE0ER San Antonio, TX 78220 Customer Proposal Letter 877-6614511 Denton, City of 901-B Texas St Denton; TX 76201-4354 940-349=7100 Mike Ellis .Mike Ellis, thank you-for the opportunity to earn your business. We look forward to working with you on your -business needs. Please accept the following proposal. VEHICLE 9 MakerPeterbilt Mode! 348 Year 2010 Stock Number To Be Determined Additional, Vehicle and Accessories.Description To be delivered. on or about 2/15/2010. ' New 2010: Peterbilt model 348 with an Ox Body Dump Body. Includes 315HP/860TQ "PX-8 Paccar engine with Allison 3000RD8 for 65 MPH road speed. Includes Paccar engine warranty, 5/200 with inj.and turbo, Allison Syr waranty. Available under BuyBaord contract t :281-07.: i" Quantity 1 Total " Truck Price-:Per--Unit $110;$05.10 $110,805.10 F E:T. (Factory S Dealer Paid) $0.00' $0.00 E i :Net Sales"Price $1'10,805 10` $110,805.10 :Qptigdal.fxtended Warranty(ies) $2,725..00 $2,725.00 State, :Sates Tax" License, License Transfer,,-Registration: Fee ' : Fee $250:00. $250.00 Documentary Administration Fee Vehicle Inventory Tax i.: Ad'diti"ona! Taxes The Recycling Program: Batte". DI osal'fee ry SP i Out of State Vehicle Fee. Total!:Sales,:Pnce $11.37801.0 $113;780:1.0 Trade: Allowance $0.00,•' :-See DISGLA MER Deiow Sates. Representative. Hblloway,.Hal 41:0 signature printed name. Purchaser. . 3 elgnature printed name l; title date a " Accepted bySales:Manageror 1, General'Manager elg,aturie. printed name. Quote good"tJntfl 10116!2009. :Note: The'abovo..ustomerProposal Is" a.quotati on.only:.:Sale terms subject to=approvat'of Sales:Managerof Dealer:. ~ Df5C1AtNtER Any orderbased on:ttm.Proposat:subjeci Eo,customet eicecuting Dealer's standard_torm RetafP:Purchase: Order incorporattiig at~ave.terms: Arty documentary tees.. state;rax stle.: registragon f --be paid try 0eaier;.suttjecrto adjetmer ilrry F E'T..variance wiu .be responsibNry:af Deaief..Manutadurer has:reserved the_right to change arxt tlcense fees'suUject to attlustmerK arm ge;Actuai F.ET 6 . . -in , _ i~ 'S).to.C6rrentry in Dialer's tock Dente?"iese"4 snhi w chan Qubtatiarr Total to.reftect an [tie any. v. s'stnck wout notice: to 0eater. U ;QUoted;Veh 9 9e Y _Rric ..eto Dealer of!n': ,ie- n_.ot . c_ur. Rh p;_e creases,trom Manufattutrr.•Th~ Proposai:is tsased;upon 0eale~;s current `and expected inventory which is subject to change. Dealer not obligated to r~ta,n.anY:speciflc As in stack;:ncr mat in. pecdic irwentory teveL.Deate st,aU:rtot be obligated to fulfill Proposal ui.everit quoted yehicie(s).notin:stock or avaitable +vKhin Tq'~sted delivery ; scheitirte at tln a Ptoposal accepted beater shall not tie liatrle or. an data in provrdi ,orinabikty to'provide Quoted Vetacfe(s);.wheie such inatriliry:or.delaY:is due: in,.whole orfn:part ;to any:causetreyond the_reasonatrol"of Dealeror::is mthoutthe grass: f, Y ne igere or intended:miscor~iduct of peeler; Above Iisred Trar value traseo upon currerii 3ppraisa!"of-Trade Vehxle(sDeater:may adjust Trade Vatue o[ Trade Vehicle(s) to reflect.changes condithn.. andlor mileage of;Trade: Vehicie{s}'beAveeri date:ol currera appratsal:and "atir ptance of ttitg Proposal b Customer - " irrcc-aoo=aro6 nted on=10/:12/2009 at 9$O AM Email Re ort ;Page. I.of 7 3 _ PETERBILT ..~..._.~.~....~._.~a_~w......_..:.k:..::,........~....~,~ ~ . ......z~_.__ _:::.~...~:._.K::.~.__.. RTC CRANEIREFUSE. 5047 DENTO.N. CITY OF Un, ited States: Denton, Texas` United States::. 76201, 4345 Phone 017j 907=1094 Phone: (940) 349-7100' Fax Fax: Ema~t NoliowayH@Rush.-Enterprisescom Contact`Ema.il.: Prepared fbr 'Mlike :EJUS •Ve hicle _S ithinary Unit' Chassis. Model: Mode[ 348- Fr:Axle'Load {fb`s) 20000: Type 'Full Tuck; Rr`Axfe::Load'_{ibs} 46000 G:C W fbs 62000 DescriP fion 2010: 348 Dum secs; p, _ . . : _ . APPlicatior Road. Conditions: Construction- Dump On/Off: ` Intended ServClass-.X. (Highway) .100 Highway Commodity; Construcfion°Matefials, Class B (HivyJMtn), 00 Class: C (Off-Hvry0_0 Body. Class D-.-(.Off-Road): 00' . Type :End.Dump Maximum Grader 6. Length (ft} 1:4: Wheelbase (in): 190 Hei Of (ft) 10:0: Fr:,°Axle tv BOC (in); 69 1` :Max Laden Wei ht lbs 5500: Cab.to Axle in 1.20.9. . . Cab-to EOF_(n): 1:95:7 Trailer `No of`Traifer A.xies:° 0. TYPe'..:... - _ Length (ft) .0 Special Req Herght.(ft) 0.0 California Registry Kingpin inset (m): Corner Radius {in) 0 Restrictio ns. 40 Length (ft) Width ;(m). 1.02: Fteight (ft);- 135: APProved by;: Date: :;Note: A11 sates.are:F.O B.;.desgnated plant of manufacture Ask Your deal'erfora q_ note tadaY,,or visit our website @ ` www: acgaLn nancial:com. P . i PACCAR. Financial offets innoNrative finance, lease and insurance programs - - castomized. to meet,yourrteeds Unpublished options may require review/approval: - io; Dimensiona( and performance data for'unputtsheo options rttay>varyfom_that displayed:in PROSPECTOR file./LC 1DQcuments and Settingslmxellis\I,o:cal Settings\Temporary Internet' Files\Conten:. 1.1/16%2009` Ema~! Report = Page Z,of 7 Punted 10%12/2009 9:18.04 AM COmp/e#e: Model Number Model- Effectnre Date Jul-1,: 2009 Qucte/DTP0/C0: 062304101`_. Prepared by Hal Holloway Version Number 2020 - :PETERBILT ..rN+iu_-+- ...._wu.. _......:wru.. '.r,.mi..:' _ .....,...-.--,,.....4a W +n....nw. - .:...a...o.a n...dn-.rw...,( RTC CRANE/REFUSE ::S047 DENTON;` CITY OF Unjted Stafesy Denton, Texas United States° 76201 4345 Phone' :(817,):.9074094 Phone (940) 3°49-71':00 - Fax -Fax: < E.ma~l : HolowayH~Rush Enterprisescom:ContactEmail: epared for Mike Ellis Oata :Code `ion $ List Weight Base Mode'I. 0003481 ::0 > Model 348: 79,237 10465 0091070'0; '-Constructon~Materie'is.~~..._M ~<w.........~.__m._.._ _ .Y.. _ 0093060 `O Constructlon. Dump - OnltNf:Highway 0 Truck or tractor without liftable .trailing axle which :carries bulk;.matena(s (excavated earth, sand/gravel, asphalt,;demolit<on debris ete) and' unloads by dumping out°the back; over the:side of the body, or out he: ttom: of ~ , ...,<•;~bo the tra_ ile.r..: ~.w.._ 0095170 ;,O :End: Dump. 0 M 0.: •c.*»;i,.:+.-..:- «mc.._ .-...-..x«..<r..a»..+swn..-:-.-.%e.,.o-....._.-..m.mws.,.•u..+:..-....s,..y.,syr<y..._;.e.u_.,,,.,ma-,.Yr...,.... ..:__...,y., _ . ._..,,....n ,r+. 0098010 Q: California Registry: 0 _0, Regwred for all vehicies.that wilt be registered in the State of California ` Frame; E., ui menu 6514000 4. 0' 314in Steel Rails: To 3;54iin 719::. 380 10.75x3 5x 375:Dimension, "2;_136;0(}0: RBM_ OfiQ1500 O ;FuII Stee! Inner Liner 1,550 ..551 r `0612090 ' O 190in;:Wheelbase: 0 `.0 . - . , ~+-mss. ......._,F Ofi1.3090. `O Three=Piece Crossmembers 0 0 .Ofi44090 S ;EOF :Square without Xmbr 0:0 - - For use.vAth body-_builder installed crossmember 01 0651090 O Omit Rear'!Mudflaps and Hangers -0. 0 Front AxIa. Equ~pmen. t: _ _ t F.. =101136 0 0 Dana_SpcerD2000F 20,000 Ib,:3 Sin:Drop - 1,fi74; 502 - a=acto.. "y front:axle: alignment to improve dandling 8 reduce re wear: Zerk #f!ngs on fie`rod *6hds king pins, 8. deaglink ball joints,r ease of- - maintenance & help extend service life of:components:' Cognis 'EMGARWYFE; 75W_:'-96 synt) 'tic-axle; lobe provides over 1 % fuel economy. improvement. Reduces wear & ezterids maintenance intervals,. resulting in increased uptime Provides- unproved` fluid flow to;protect _ eomp:onents in extreme :cold conditions &:vMthstanii the stress from :high. tern eratures; extends 9 com orient life: - p p. 1114030 .0 TaperLeafSpr.ings,;3hocks 20;000 !b w .877 =0 `1243010 Power Steering: Sheppard' ME100 Dual _ _ - 788 0 Glidekote spli.nes_an steering shaftextend-service life of components :1250250 Q Power Steering Resenroar Frame Mounted w/Cooler 128' 2 -11353500 ,O PNP1:0 Afumffium LMS fiutis 0.~ 0 1'1-114" bolt :circle- Includes a. suppli6r extended coverage. up to:3 years file //C:\Docurnents and Settmngs\mxell slLocal Sett ngs Temporary Internet.:Files\Conten l 1/1612009_ .w Email Report Page 3 of 7 - 350;000 miles forbeann s A.seals. 1380280 O Ali Cam :Front Drum Brakes 16 5x7 283 0 for. use with 20°,000. Its to 22.000"Ibs steer axles bufiont: drive axles lnclades.°automatic.slack adjusters 8 outboard mounted-brake drums. Rear-Axle & .Equipment . 1523340 `0 Dana Spicer :D46-170.4'6;Q00` Ib 305 " 2;525 Interaxfe difE lock airrocker occupies-space of one gauge Laserfactory. c rear azie axle alignment to improve handling & reduce fire wear., Magneti oil.:drain plug: captures.-& holds any metal fragments i "Ari- axle.,lube_to - extend service life; Parking brake."s:on all dnve axles.for optimat performance. Cognis EMGAR FE 751N-9fl synthetic axle.106 rovid:es - over 1 Wfuel economy irnpr."ovement: Reduces wear 'extends maintenance_ihtervals,.:.resulting in. increased upbme: ~ Provides improved' f fluid flow to. profect components in extreme cold`conditions &withstand . -the stress from high temperatures, extending component life 1616234. O PHP10 Iron. LMS Hub - 0 , 0 11 114" bolt:.circle. Includes a-supplier extended coverage .up to 3 years -350;000-miles for bearings &.aeafs, 1631.31:0 O :Parking Brakes (Axie Package} 0 -0 1680280: O Bend.ix Smart ATC Traction Control 166 2 1680440 O Refuse Serviice:Brakes ,.:All Axles. 379 0 1680470 ..O Lube Pump, Drive Axles}; 298 "35 1680490 O Gusseted:-Cam Brackets, Drive: Axle(s 44 '1680500. O SBM Valve 197 0 16824.3.(FS' ti-Lock-Braking System ABS 4S4M 0 -ABS-'6 Includes. air braking system: 168.-4200` S, SY. thetic- -Axle Lubricant All..Akles 0 0 The conventional: model;.product ime. includes Fuel .Efficient, ognis provides customers; performance advantages :EMGARD: FE75W=90 which over current` synthetic: lubricants with reduced, gear: wear and;:exfended maintenancemtervals. resulting in incieased:uptimeAn addition =the > lubneant provides improved fluid flow to protect..gears! in extreme.~cold conditions and` withstand=the stress from high temperatures; -extending componentiife: . . 1687020:" O Air Cam Rear Drum:-:Brakes 165xS.6 150 0 x - Inc automatic. slack-adjusters'8 ,.outboard: mounted" brake. dnims 1687348° O Tandem- Drive.Axle (:Model 348)' .0 w 0 1705570` 0; Ratio 5 57.R®ar Axle -'0 0 1824240: 0, Hendfickson Haulmaax HMX4,60 46 OOO:Ib- 54in AS` :4,79.6. 595 60K:Cree0 Rating Engine S Engine Equipment _ 2074303 0. PACCAR' PX-B 315/2200 315@20001000@1400 ~2,887 0 Includes alum flywheel' housing, crui"se 6ontrol;-and-J1939 provisions: - (provides an. interface: point. forthe.:ElectronicServlce: Analysis=ESA and ottier:PACC;AR,approved diagnostic tools): Chevron: 6616-LE; SAE< 15W40: engine ot) is specially.formulated focnew.low emissions engines _ Magnettc,engine oil drain plug captures and:holds any metal:fragtrients in engine. oif to extend service:;)-rfe:, - _ _ ;N20300, -13029 Yes... Idle: Shutdawn Enable:' N20320 P015 Yes...Engine:Protection :Shutdown: N203$0` 1300"1 65 Max Speed; in Top, .Gear N20400:. P059: 65 Maxrrrium Cniise'Speed' N20440 '13030° 5.. Idle Shutdown` Timer. 2140010O Belly-Pan 230 ,35 2140200 0 CARB Engine Idling Compliance 0 0 PACCAR.PX 6 and PX-8, Cummins;ISL.'ISM and ISX;;:Caterptllar C13 ;and :C15 diesel engines will include the requiredi. ac. installed senalcz _ fite //C \Docuri ents and Settings\rriXellis\Local Settings\Tetnporary Intemet .Files\Conten. 11 61M09 ..,._..c~..._...- w..__u._. R _._..w...__._...~...._.. ~ _.._....__.._.......___....~..._.._..._.T ..w..,... ~___-x .._.~t . _ Emara Report 2&4.6f7 . sticker on the drivers door to identify .them as meeting he NQx idling; standard: 2513760 "s PACCAR: 130 Amp-:Alternator, Brus.hless :wNcltage ;0 0 Rafor. Remote Sense Js not:available: or needed:ninth"the PACCAR 80 Alternator.. A.low-engine:RPM, the'PACCAR;Altemator puts out, amps verses 60 amps on other alternators. 12 Volt system: with .circuit: protection for reliable easy maintenance serv ice -Weathi pack: silicone > sealed elecincal:chassis,connectors.enhance value, d`ura" bility, reliability r; ees numbered'every 4" or less.. 2521090 O Immersion Type.Pre-Heater 1'1;0=120V' 107 2 :F E Phillips 0 - 2522050 S PACCAR 1:2V Starter i< ~ ~ - «--.s>.....,.«.K...~.,a.»..~..~+-.•,.-:.m...o-..,.~..r=,.~r...,o.a»_ems..s~.nr.=..er~,.a~::..w~:~.. ,.~.:.,:.W,..»..,..-..:,.:,,,r<w.w;..,~.«~,:.A _•~~;..~,«<-~..,:--.,.v~.,.A~_....,.._ r--.. ro-w-.%t; 2538020 S 2 PACCAR:'PreM um 12V' Dual: Purpose Batt <t:400 _CCA: - 0 0 f Threaded'.stud'type eirminal. Stranded: copper: battery :cables are double: a6g4(00):or-1a4er to,r:educe: resistance. 2539090 4 The Btg: witch Battery Disconnect Switch 198' y 4 mounted;o.n;back. of. batterybox - - 272321`Q O. 18.7.CI=MfAir Compressor .0 0 Furnished an.engine. Teflon -lined stainless: steel braidedcoinpressoc E discharge line: 2812210O' YGT Exhaust.Stake 256 0 (Variable` :Geometry Turbo). Provides approximately 90-100 HP'of retardation and,is part ofahe:furbocharger 2922780 O Spin-:On Fuel Filter Frame Mounted: Heated 104. .0 :(Indludes;fuel: water separator on Models 330,33.5- and 340:) _ 3010400 :O En9irre Protection`Shutdown. - 53 0 E Includes al pressure" coolant temperature . and intake manifold temperature. 3114270 S :High Efficiency Cooling, System. 0 0 Silicone.'radiator-&: heater hoses .enhance :value:;;durability & reliability..' Constanttension; bandclamps:.reduce leaks...GlimaTech extended': life : coolant exfends-.maintenance -intervals.which reduces maintenance costs::. Anti4reeze'effedive to: =30 degrees: F helps protect the engine f_ow: oooiarit levelfsensor.warns of low:coolant condition.to: preVent.,,engme damage: 3264980; G: :Heavy'DutyAirCleaner 11 Molded rubber air intake connections with lined stainless.-steel clamps seal to-prevent:cobtaminantt in alr.Intake. 3366780 Q. Exhaust. -Single RH, Side "of-Cab 74 0' . (DPf= RH:under'.cab) Includes-DPF' Cab.Entry'RH under cabFand!full . round stainless steel .exhaust:guard; 3381770 O Curved Tip. Standpipe(s) 65 0. 3387800 O- 36in Ht, 7in Dia Chrome<Plate'Stl'Standp pe(s) 0 0 Tra-rismissiart ion.A. Clutch- 4052000 O Allison 3.000 RDS'-P° Rugged Duty'.Service 9,805 ' 165 Indlydes Rear Transmission Support; TranSynd Automatic Transmission Fluid', and '.Water' Oil: Heat. xchange._:Also includes. new. features that monitor the- transmission flUid, -filter-and ciutch :condition Will. display. percent life. remaining for the #ransmission fluid,: filter and clutdhes on:`the shift. selector. This information may be displayed-using the Mode and Up ' and.Down;buttons. A wrench icon WIl also be included to:i'ndtcate_ when the transmissionfluid,. filter orciutches need servicing: {Suited for,veh~cles'' operating.-on/off:highway and/or: requiring PTO operation)- „a:.r,,~........_._.r",,_..:..`..,_. ._.mF;~,....~...wr...~..~,.,..~..,,,.....A..._..,......,:~._4..a;..:,..~;o,.m_...:..2,...,P..,.._.,~.~~..~.._.....~ .A.M.,.,..:-r~~.... -u.~. 421:0080 O 171.0 HD= Driveline. With::Single:'Midship Bearing 0 4233030 O (1) Dash: Mounted Single Acting Air:PTQ Control 95 0 . Standard'with_PTO engaged indicator. light.on Class 8:unlts.:(occupies the space of one gauge) 4252170 O Auto Neutral Activates with 'Parking Brake 45 0 fife./IC \Docurrients and' Settings\mxellis\Lbcal Settings Temporary Interne ;Fries\Conten 1 . i ....._--_.w_...r.___......_.~.r ..............»ua+.ra....-w.._..r..v...__....v..:_........._ar:.......'•e-rw.«......:..............+ww..wa.c...a~...~.~+.~•. i -1. r..r6T•...-.y Y:.-,...._...rr:w~_......._......_...n..._............._,............._......_..:..._.. ~ Email Rep_ • qrt Page 5 ° o f 7 a 4256640 O Allison 6-Speed Configuration -Close Ratio: Gears 0 0 F _ Allison' 3000 Trans only _.4256940 O Allison Load Based Shifty S,chedule,..(LBSS): - 0. - 0 . :Air:&: Tra iler.Equipment 4510750 O: Bendix.AD-IS Air Dryer with. Heater 376 - :.35 An integrated system. air dryer thatIncorporates the functions o a aih° dryer, purge: reservoir (Which increases the drying capacitywet air tank, pressure relief valve, single check valves, ,and pressure protection- valve for air susp:and:other air accessories: Includes:easy-to-service s_ pin-on` dessicant.cartridge, 45.20420 0: Berg-Pull'Cord. Drain Valve(s) - All Air Tanks - 5 0 4540420 S Nylon Chassis Hose 0 0 4543320 S Steel Painted:Air Tanks 0 0 All; air lanky: are steel with painted finish except When-Code 4543330 Polish Aluminum Air Tanks is also 'selected phen exposed air tanks, outside the :frame rails will be.polished aluminum) Peterbilt.wMll determine :the optimal size:and.location: of required air tanks.. Narratwes requesting; a: specific.air-tank:size or location,Will not be accepted for factorymstaUation. See ECAT'to determine number or-location of airaanks.i istalled:: 461:1.930 0 Body Connections; 5ft BOC 427 4 Junction Box contains light. and power circuits for Body Connections located' 5ft:from BOC: 4642800 0* Trailer Hand Valve 81~ 11 461:2900 0: A&E Conn EOF .w/7-way Socket (w/Conn- EOF-.Stkapped' 188 ;19 to the- rail) Tires Wheels. - 506,886.0 0. FF:;.BR 20pty 31:5/801122.5 M860 676 97 5167180 O RR..BR 16ply 111122.5 M711. 428 . : 76, - __......__..-_.......w.-...... _ 519000.8 0 Code-rear Tire Qty 08 p 0 522:1.720 0- FF Alcoa 893630.P1t'22:5x9.0.0 Alm Whl _592: =50 . t Pilot Mount. 10 000 Ib load rating per wheel: M . _ 5315060 -S: RR: Accur 50408 PIi.22-.5x8.25 Stt Whl 0 0 . Pilot Mount, Two Hand. Holes. 7;400 1b. load:rating-.per.wheei: :5390008= Q Code-rear Rim Oty. 08 0 Fuel Tanks 5536040 0. 23in Aluminum .50: Gallon fuel. Tank LH. BOC, =80 . -1`25 Paddle: handle: filter cap with.-threadless flier neck. Top.draw::fuel - plumbing teducess chance-ofJntroducing .air into the fuel: system dUhrig low, ffuel level conditions due to'the-tentral.placement of fuel pickup tube:> Wire braid.fuel.lines, increasedurability & reduce potential for leaks: 5604050 O Location LH BOC 50 Gallon 0 0 Battery Box &,-Bumper 6010030, 0 Aluminum Battery. Box, Non=Slip Ste LH':Under°Cab 0. =55 Includes diamond pattern block shaped cover-in. TraditionalNoeatlonal: models and aamooth finish taperedcover on Aerodynamic Models 6040550 S OPF Cab: Entry, Non=Slip Step RH UnderCab . 0 6:113050- 0 Alum. Stainless Steel Clad Channel Bumper 425 6 with Center Tow Hook Cab.A Equipment 6.540110 S. Alum Cab 108in BBC Metton Hood:.. wlBright.Crowr' 0 0 Includes view .window RH door:and convex mieror:,over RH door:: . file.//C:\Documents: and Settingslmxellis\Loca1 SettingslTe;inporary Intemet_ F~les\Conten.:.. 11/1-6/2009: Email: Report Page.& 7 :6540020 '0 Key. All Units. Alike 80 p -Please add your:3 digit,key code number inahe key code field. ` N6540 Key # 4.79 6540120 O Severe Service Cab Package 1l#1~ 20 39 Includes alum side skins, alum rear skin;, alum: windshield: mask, steel; firewalli steel front floor sheet,. steel isolator insert:. 6540160 O Thermal, Insulation Packag® in Cab 721. 2: Includes thick, dosed=cell foam in floor, special- mylar faced foam; in-walls and roof structure: 654.1479 O KEY G479 0 0 6800360 O Rubber Fender Lips 2.25:Inch Wide 117 8 6911700 S Peterbilt UltraRide.'Driver.Seat . .0 0. :3: ._..,......_:..._......._.....".....__......._...__._w.-.v.. _..,...._."...,w.._..,.,.__...".,............•. ......:..................n,".-._.•....-_.........,- -w" ,r....._ . _ 69231:60 S: (2) Person Passenger Seat -°370 0 ' .vw ............rY ::rm.... _z' . ' .a n.4. ' ......rwc..r.w .....r....._,..w.v •t :....._..."......m..w....::....wA.w...a.•"p..... -~.-..e...... .....:......:.u. 1-.-_1_.-..._-- ........_m......_._.._...:.:.". -w,.,.....:._...,..+,2._..a.._:.w ..rw ,Y' ,....w".'-Ki. _.a.na..w+_..... K~.w+. . Rx- _ 69.3940.0 O Air Ride Driver 0 0" 6939440 'O Low Back Driver 0 0 6939470 S. Vinyl Driver 0` 0 6939510 O Non-Air. Ride. Passenger 0 :0 6939540 0 Low Back :Passenger 0 0 69395.70. O Vinyl Passenger 0: 0 7001520 O Adjustable Steering Column - TIItlTelescope 112 11 For use with ProBilt, Prestige, or Vantage :interior Standard-on Platinum Interior. 7036120 S Interior Grey./Black 0 0: Includes: rugged charcoal instrument:panels; glare-resistant; gray: dash, black bezels on gauges, (2) power ports, monochr6matic-.molded.do6r. r pads with durable in-mold color; gray molded':back wall, 98: inch 4-spoke soft-touch: steering wheel; soft=fouch steering:'column cover, power lift passenger Wihdow,.extruded_rubber floor covering, header mounted dome light, foot well lighting, integrated "dead pedal",'(4):inside entry grab handles, (2). inside sunvisors, (2) coat hooks, (2-):cup holders and.map bin in dash. 7210390 -0 Cab Rear Corner Windows Standard Tlht 51.9 2 .O - - - - 7 . 721:0400 S. Day Cab Rear Window o,,. _ 7322010 S Combo Fresh Air Neater/Air Conditioner 0 . 0: . with. radiator mounted condenser,. dedicated. side window defrosters,. Bi= Level Heater/Defroster Controls, 54,500 BTU/HR,:ahd silicone. heater hoses. 741,0040 0 Outside Sunvisor Stainless Steel 11.2 4 7511.010 0 Stainless Steel Mirrors 7x-16 with Heat Element. 142. 2 7560850 0 (2) Convex 8 Inch SS Mirror 0 2 Center mounted under mirror bracket. If rear view mirrors at&heated,;the convex mirrors will be heated.' _ 7560940. O ` Mirror Aux. RH F.ender/Hood 794 (2 legs on. fender and 1. leg on hood) ....._M~ .,_...,.w_...._ .W_r, . 7725390 O ConcertClass. Audio System without CD' 320' 2 7748140 0, CB TerminaIsfWirirtgMtd Under Header 36 0. 78'5148.0 S Peterbilt Electric Windshield Wipers 0 0 with Intermittent Feature 7852010 S Ashtray Mounted In Dash 13 0 7900090 O Triangle Reflector Kit Shipped Loose 20 13 7900270 O 5 Lb 3A:40bc Fire Extinguisher Cab Mounted 66 _8 8011520 O (2) Additional Electric Rocker Switches 48: 0 8071870 S. Main Instrumenfat~on. Panel w/Graphics Display 0: file //C ,Documents and Settings\mxellis\Loca1 Settings\Temporary Iiiternet Files\Conten l''l/16/2009= Email Report `'Page` o. 7 Includes speedometer with tripodometer, tachometer with-hourmeter and outside. air temperature display, voltmeter;. engine oil-pressure; engine coolarit temperature, fuel level, primary and secondary air pressure. gauges. includes standard roaming light package: high; water temperature, low oil pressure,. and low air:pressure warning lights w/audible alarms, high beam, turn, signal, low fuef, parking brake;,and ice warning indicators;. seat belt reminder, rocker switches with-long-life:LED: indicators;- multi-function tum stalk with flash-to=pass feature (night, mode flashes.headlights and marker lights; day.mode flashes headlights: onl_y), intermittent windshield wiper and`headlamp'beam control. Hydraulic braked trucks .do not include air pressure gauges.. 8111110 S Headlights Composite Fender Mounted w/integral. 0 tl` ' 0 Park, Turn, and Side Marker. 8121160 O Marker Lights (5) Rect LED 82 0 (Light Emitting Diodes) _ 8133960 0 Daytime Running Lights 61 0, (Required on Canadian units) Paint 8500690 O Paint Color Selection. within Paint Deck -200 0 8530340 S Dupont Single Stage Non-Metallic Cab/Hood 0.- 0 _ (Solid Color Paint) N85020 1 - N0006EA WHITE N85200 FRAME N0001 EA BLACK N85300 WHEEL N0006EA WHITE Shipping Destination 899999:0 O Shipping Destination 0 0 (Specify by narrative) N8990 OX BODIES N8991.719 Columbus St. East N8992 fayette, AL 35555 N8993 205-932-5720 Options Not.$ubject To Discount 94.00258 O PACCAR PX-8 Protection Plan 1 (5/260) 2;300. 0 FiveYears/200,000 Miles/321,869:K.ilometers. -Coverage, i"& 100-percent parts and labor with no' deductibles..on- internally' iubricated;co.mponents and major engine systems including turbo charger„ water pump, and fuel injectors. Miscellaneous 9409960 0 Presentation Created Using Featured:Spec .0 for model Total Adjusted -Price (W/O Freight & Warranty) $1`19;251 Freight Charge. :$1:;8.00 Options Not Subject to Discount $2-7300 Total Weight 1:5379# Prices and- Specifications Subject to Change Without Notice. Unpublished options may require review/approval. Dimensional and performance'data for unpublished options may vary from that displayed in PROSPECTOR. 348. Printed: 10/12/2009 9:18:04 AM Complete Model, Number:- Model" Effective Date: Jul 1, 2009 Quote/DTPO/CO: Q62304101 Prepared. by: Hal Holloway Version: Number; :20:20 file://CADocuments and Settings\mxelfisTocal. Settings\Terriporary-'Internet Files\Conte'n... 1:1116/2009 0 0 0. O o 0 0 0 0 0 0 0 0 0 0 .o o- C >.C:) 0 0 .0 0 :o .o 0.,C ).n 0 0 o o.:o: o 0 0 0 o O O o_ O o 0 0 0 0 0 0 0 0 0 o. o o 0: 0.0 00 0; 0 0 _o, o..o 0 0 .o o' LU 0000000000000000000.000.0.0:00000.0-000.:00: Q o ce w a 0o N } O OD O tD M O v O r- V CO O M o o o. 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H W Z OF cl. d> a j a > L ° o f f W W W} W a Q o a W V a W W' a o 'W' a F- LLJ a 0Zoao°aaiwao°mfFU=) o u1 a u1 W F W O W N Ln T W W cn W z p W o ° o O W f O Lr) W w a W V M aC f V aL' ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF ONE PETERBILT 348 DUMP TRUCK FOR DENTON MUNICIPAL ELECTRIC BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 4453-DUMPTRUCK FOR DENTON MUNICIPAL ELECTRIC AWARDED TO RUSH TRUCK CENTERS OF TEXAS, LP IN THE AMOUNT OF $113,780). 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 4453 Rush Truck Centers of Texas, LP $1133780 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 , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-ORD-File 3338 DRAFT MINUTES PUBLIC UTILITIES BOARD December 14, 2009 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board thereafter convened into an Open meeting on Monday, December 14, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Chair Dick Smith, Bill Cheek, Phil Gallivan, John Baines, Randy Robinson, Bill Grubbs and Barbara Russell Ex Officio: George C. Campbell, City Manager Howard Martin, ACM Utilities CONSENT AGENDA: has had an opportunity to raise questions regarding these items prior to consideration. 2)Consider recommending 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 Cooperative Purchasing Network for the acquisition of one Peterbilt 348 Dump Truck for the City of Denton Electric Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4453-Interlocal Agreement for the purchase of Electric Distribution Dump Truck and awarded to single vendor as listed in the amount of $113,780). Board Member Bill Grubbs moved to approve Item 2 with a second from Board Member Phil Gallivan. The motion was approved by a 7-0 vote. The meeting was adjourned by consensus at 11:23 a.m. éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: January 12, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Keith Gabbard 349-7144 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the construction of asphalt and concrete street sections and repairs for Audra Lane; providing for the expenditure of funds therefor; and providing an effective date (Bid 3708- awarded to the lowest responsible bidder meeting specification, Jagoe-Public Company, in the amount of $409,575.50). BID INFORMATION This item is for the construction of asphalt on Audra Lane from Paisley Street south to McKinney Street. A line item description of the project cost is included in the attached Project Estimate Information Sheet (Exhibit 1). Bid 3708 is an annual contract to provide miscellaneous asphalt related repair and for small construction projects. Council stipulated that any projects costing $250,000 or more that are quoted through this bid must obtain separate Council approval. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Bid 3708 was originally awarded by Council on June 5, 2007 and has been renewed through June 5, 2010. RECOMMENDATION Approve the award of a contract with Jagoe Public Company in the amount of $409,575.50. PRINCIPAL PLACE OF BUSINESS Jagoe Public Company Denton, TX ESTIMATED SCHEDULE OF PROJECT This project will begin upon Council approval and is estimated to be completed within 60 days. Agenda Information Sheet January 12, 2010 Page 2 FISCAL INFORMATION This item will be funded from accounts 350159445.1360.40100. Requisition 95800 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Project Estimate Information Sheet Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 3708 Audra Lane ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF ASPHALT AND CONCRETE STREET SECTIONS AND REPAIRS FOR AUDRA LANE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3708-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, JAGOE-PUBLIC COMPANY, IN THE AMOUNT OF $409,575.50). 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 3708 Jagoe-Public Company $409,575.50 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 , 2010. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-Bid 3708 Audra Lane éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: January 12, 2010Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8410 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas approving the purchase of two Life-Pak Defibrillators and associated supplies for the City of Denton Fire Department available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4464-Purchase of Defibrillators for Fire Department awarded to Physio-Control, Inc. in the amount of $69,585). FILE INFORMATION This bid is for the purchase of two defibrillators/monitors and associated supplies to equip the two new ambulances that were approved by City Council on October 20, 2009. These Life-Pak defibrillators are provided by one source, Physio-Control, Inc. This system includes the defibrillators, monitors, batteries, electrodes, infant, small child, adult cuffs and cases for the equipment. By purchasing these two defibrillators through Physio-Control, Inc., they will be compatible with the other defibrillators on emergency equipment within the Fire Department. The required equipment, warranties and proprietary items are only available from a single source. Chapter 252 of the Texas Local Government Code exempts from the competitive bid process those supplies and resources protected by copyright or patent and available from only one source. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) City Council approved the purchase of two Frazer Ambulances on October 20, 2009. RECOMMENDATION Award the purchase of two defibrillators and associated supplies to Physio-Control, Inc. in the amount of $69,585. ESTIMATED SCHEDULE OF PROJECT The estimated delivery of the defibrillators is approximately 60-90 days from receipt of an order. Agenda Information Sheet January 12, 2010 Page 2 PRINCIPAL PLACE OF BUSINESS Physio-Control, Inc. Redmond, WA FISCAL INFORMATION This item will be funded from account 810045461.1355.30100. Requisition 96944 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Quote #1-134510604 from Physio-Control, Inc. Exhibit 2: Sole Source Letter from Physio-Control, Inc. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4464 Exhibit 1 Physio-Control, Inc. 11811 Willows Road NE P.O. Box 97023 Redmond, WA 98073-9723 U.SA www.phy,,i&c ntrol.corn www.medtronic.com tel 800.442.1142 fax 800.732.0956 To: Kenneth Hedges CITY OF DENTON FIRE DEPT .901 Texas St Qu te#:. 1-134510604 Ste B 3 DENTON, TX 76209 Quote Data: 11/23J2009 i Phone: (817) 383-7100 Sales Consultant. Elizabeth Roberts kenneth.hedges@chynfdenton-oom 800-442-1142 x 72438 FOB: Redmond, WA Tens: Net.30, alLquotes subject to credit approval. and the following terms & conditions Coif Norge Exp,Qate: Ov22i2010 1 99577=000047 , LP15 MONITQRIDERB..CPR, .2 $35,995.00 $3,599.50 $0.00 $32,395.50 $64.791.00 Pace; t 360J SP021C.01MetHti,12L ,GL, NIBP; C02' Tr9nd,: BT 2 41577-000007 -:LP15 SHIP KiT 2 $0.00 $0.00 $0.00 $0.00 $0.00 3' 21330-001178= UPON BATTERY S:7 AMP 8 $379.00 $37.90 $0.00 $341.10 $2,728.80 HOUWcAPACITY RECHARGEABLE LITHIUM-ION;,VffH.FUEL.GAUGE 4.- 1157740000i m1UT. -CARRY-BAG, MAIN BAG .2 $250:00 $25.00 $0:00 $225.00 $450:00 ACCESSORY 1:1577-000002' LP15 KIT! CRY BAG 5 11Z60-0C0039 :idT -;CARRY BAG; REAR; 2 $65.00 $6.50 $0.00 $58.50 $117.00 f: POUCH:' KR'. CARRY BAG REAR: POUCH € 6' 11W74 10M.KIT - CARRY: BAG; 2 $28:00 $28.00 $0-00' $0:00 $0.00 SHOULDER-STRAP ACCESSORY 11577-000001 LP15KIT CRY`BAG. - 7 11220-000028 .Top Pouch. 2 $46,00 $4.60 $0.00 $41,40 $8Z80- Ell oiage for sensors d: odes.::lnsert°in.pJace of statx~rd paddles:; $ . 11996.00049 EDGE'SYSTEM:E,LEC7RODES 4 $37.00 $37.00 $0--W $0.00 $0:00. ',1MM `QU1,K-OM80 CONNECTOR: ACCESSORY .1:1.996-000091 OEM: ELCTD.14:. LANG :9 11998-000323 "MAS18tO;SET RED,LNCS .2 $147.00 414:70 $0.0& $132.30 $264.60 PATIENT,CABLE 4 FEET RED L.NC-04 PATIENT CABLE;4FT,REF_2053' 10 11998-0003;35,:. MASJMO 3Ef RAINBOW.DCI= 2 $495.00 $49.50. $0.00 $445.50. $891;00 DC3, ADULT REUSABLE DIRECT CONNECT } SENSOR ;3 FEET RAlN$OW. DCt-DC3ADULT REUSE SENSOR,3FT,REF .2201 11OiI6 oo0020 `btieltt Calf 6z18dn Reusable 2 $18:~ $1.80 11 $0.00 $16:20 $32.40 12` 11996-000021:-3mas1 Child CuR;:Tx21cm 2 $21:00 $2.10: $0:00 318.90. 537:80 . Reusable:.... - 2 Quote: 1;=134510fi0~ Rev#: 3 Quote Date: 11123/2009 13 -11998.OOOW - TESTLOAD. 2 $84.00 $84.00 $0:00 $0.00 $0.00 ACCESSORY 11998400022 LP 12 TEST LOAD 14 1R1M.6.000022 - Child Cuff'(PediaUfc), 9x27cm 2 $21.00 $2.10 $0:00 x18.90 $37.80 eusable E 15 11 99smuln- SlMALl ADULT CUFF, 2 $25.00 42.50 $0.00 $22.50 $45.00 12X30Cm REUSABLE ACCESSORY 11996-000023 OEM LP12 18 11996400025 - Large Adtift Cuff, 163x42cm 2 $29.00 $2.90 $0.00 $26.10 $52.20 lhw"tile SUB. TOTAL $69,530.40 ESTIMATED TAX $0.00 ESTIMATED SNIPPING $ HANDLING $54.39 - - - - GRAND TOTAL $89,584.79 Pricing Sumnuw► Totals List Price: .$77,628.00; Gash Mwounts: -$8097.60; Tax + SiK + $54.39: GRAND TOTAL FOR-THIS QUOTE is9;584:79 E , -34 #40 i 3 3 } T0- PLACE AN .ORDER, PLEASE FAX A. COPY OF THE QUOTE AND' PURCHASE :ORDER. TO #"800-732-0956, ATTN: REP SUPPORT 'Ask youraales representative: oiiv,to. get 259L or. rriEone off Estprke one your L/FEPA, K disposables by sfgnfng up for a disposables agrie~men"t" _ Y PHYSIO-CONTROL, INC: REQUIRES' WRITTEN CUSTOMER'APPROVAL (AUTHORIZED SlGNATURE)i' VERtFICATIONOF'THiS.ORDER.A.PURCHASE OROER.IS REQUIRED :ON ALL ORDERS $10:000 OR GREATER BEFORE NAME APPUCABLEKFREIGHTAND TAXES THE' UNDERSIGNED IS AUTHORIZED 'ACCEPT THIS ORDER IN ACCORDANCE TITLE TO THETERMS:AND PRICES DENOTED HEREIN.: SIGN TO THE RIGHT DATE :Ref. Code: "JE/11-2133114 TAXES, SHIPPING AND. HANDLING FEES ARE ESTIMATES ONLY AND ARE SUBJECT TO CHANGE AT THE-TIME OF.ORDER. SHIPPINGAND' HANDLING ESTIMATE"APPLIES TO GROUND TRANSPORT ONLY ABOVE PRICING VALID ONLY IF QUOTE IS-PURCHASED IN ITS. ENTIRETY.(OPTIONAL _ITEMS NOT. REQUIRED). IF;000TE REFLECTS TRADE'-1N VALUES,CUSTOMER ASSUMES RESPONSIBILITY FOR SHIPMENT '0F TRADE-IN UNITS TO PHYSIO-CONTROL, INC. ITEMS LISTED.ABOVE AT-NO-CHARGE ARE INCLUDED AS PART'OF A PACKAGE` DISCOUNT THAT 1NVOLVES THE PURCHASE OF A BUNDLE OF ITEMS. CUSTOMER IS SOLELY RESPONSIBLE FOR APPROPRIATELY ALLOCATING THE.`.DISCOUNTtkrENDED'ON. THEBUNDLE WHEN FULFILLING ANY REPORTING OBLIGATIONS IT MIGHT HAVE.- Urrtll:fuither:notti e,.Physic-Control is°Ilmldrig shiprrients;of the follbWli products: UFEPAK4012 dafibrli4aWhrvo ±Itor,LtFEPAK';0 def&dgatortrtanttor,,UFEPAK:5W.deflbrtllators UFEPAK.1000 deflIvUlatbr and LIFENM RS Recehring St~oo,'in addttia~; Physigo rrt i ha&"pendedafiipfients.of-:VEEPAK'CROPlusAED and LIFEPAK:EXPRESS6IAED_,and.s6me;upgrades until ftuther.hoUce_ Af thi_s_time, Physio-Control lm: notable to.p"Mde estimated dalhre fy dates. We-am cornrnftted to providing customers.irith:updated .product:arui;ahpinganfonnatiort:- K you plagwan:order'based.on this.quote, when the.products become waliable Physlo-~CwNl contact you to JC noM n:yoiu order. At ttiatalme you mey:electao (1) Proceed;*M your-order, (2) aancel"airor part of your ortiier (3);request a rsvlsad<oote. t i 3 4 TERMS OF SALE General Terms Physio-Control, Ines acceptance of the Buyers order is expressly conditioned on'pniduct availability and the'Buyees.assenttolthe.terms;set forth in this document and its attachments. Physio-Control, Inc. agrees.to fumishthe goods and services ordered:by•the. Buyer dhlyon these terms, and the Buyers.acceptance of anyportion,of:the.goods and services covered .by this: document shall confrm:theiracceptance by`the: - Buyer. These terms constitute the corrrplete agreement between, theparties and they sttia!l governany conflicting or ambiguous t _ rms:on_the: Buyers purchase order oron other documents submitted to Physio-Control, Inc. by the :Buyer-Thesetems:rnay only, be:.revlsed or amended by:a:. . written agreement signed by an authorized representative of both parties. - Pricing Unless otherwise indicated in this document, prices of goods and services covere0by1his document:shatl.be-P.hysio-Control: lnc: standard prices' f. in effect at the time of delivery. Prices do not include freight lirsurance; freight forwarding fees; taxes.;-duties, tmportor-export permit fees,.orany other similar charge of any kind applicable to the goods and:services covered by this document. Sales or_use taxes on domestic. (USA); deliveries will be invoiced in addition to the price of the goods and services covered by. this document unlesss'Physo-Control; Iric recerires acopy_of.a valid t an exemption certificate pnorto delivery. Please forward your tax exemption certificate to,the=Physic-Control; Inc. Tix:Department P.O;. Box 97006, Redmond, Washington 98073-9706. Payment Unless otherwise indicated in this document or otherwise confirmed by Physio-Control; Inc. in writing, payment:forgoods aiid,seryices supplied by Physio-Control, Inc: shall be subject to the following terms: r Domestic (USA) Sales - Upon approval of credit by Physio-Control, Inc... 100% of invoice due.-thirty. (30) days after - invoice-date International. Sales:- Sight draft or acceptable (confirmed) irrevocable letter.of txEdit'. Physio-Control, Inc. may change the-terms of payment at anytime prior to delivery by providing, written notice to the Buyer. Physio-dg0trol, Inc.. reserves the right to charge a 15% restocking fee for returns. Delivery Unless otherwise indicated in this document, delivery shall be FOB Physic-Control, Inc. point of sh thenf :and title'and risk.bf loss, shall pass. to, . the-Buyer atthat point. Partial deliveries may be made and partial.invoices-shatl.be peniiitted and shall become due,, iraccordance with,the payment terms. In the absence of shipping instructions from the Buyer; Physic-Coritrof,. Inc. wiH obtain transpaiatignon,th v 13 uyer's beha °arxi for the Buyers account. Delays Delivery dates are approximate. Physio-Control, Inc. will not be liable forany toss or damage of°any, kind due to delays iii delivery, of rion-deiivery: resulting from any cause beyond its reasonable control, including but not limited:to, acts:of'God::tabor disputes the req -ments of, any governmental authority, war, civil unrest, terrorist acts,,detays in man ufacture,.obtaining anyrequiredticenw c" pertnit and Rhysio-Control; Inc. .-and the Buyers inability to obtain goods from its usual sources." such delay shall not be considered a"breach of: Physio-Contro lc,: agreement.and the delivery dates shall be extended for the length of such,delay. i€ Inspections Claims by, the Buyer for damage to or shortages of goods delivered.shall be made within thirty, (30):days-after shipment byproviding, Physi Control, Inc. with written notice of any deficiency. Payment is not contingent"upon immediate correctlon of`any deficiencies and,Pfiysio-Coat rot inc. prior approval is.required before, the return of any goods W Physio-Control,. Inc.. Warranty Physic-Control, Inc. warrants its products in accordance with the terms of the standard Physic-CorxroI;.tnc. product watrantyappiidable'to::the product to be supplied, and the remedies provided under such warranty shall be the'Buyers sole and e'xclusive remedies. Physic-Contr$IAnc. makes no other warranties; express or implied, Including, without limitation,. NO WARRANTY OF MERCHANTABILITY-OR :FITNESSIFOR A.. PARTICULAR PURPOSE. AND IN NO EVENT SHALL PHYSIO-CONTROL', INC. BE LIABLE FOR. INCIDENTAL-,.CONSEQUENTi ; SPECIAL OR OTHER DAMAGES. Patent & Indemnity Upon receipt of prompt notice from the Buyer and with the Buyer's authority=and assistance, Physic-Control; Inc:,:agrees:to defend; inderr nify wind: hold the Buyer harmless against any claim that the Physio-Control; inc. products covered by this document directly- inf r_W: any United=States of° America patent.. Miscellaneous a) The Buyer agrees that products purchased hereunder will not be reshipped or resold to any persons or places: prohibited by the taws-ofthe United States.ofAmerica. b) Through The purchase of Physio-Control, Inc. products, the Buyer does nof.acquire any interest:in anytopling. diawirrgs;.:design information; computer programming, patents orcopyrighted or confidential information related to said products, and the, Buyer expressly agr+ee_s.iwt to reverse engineer or decompile such products or related software and'information. c) The rights.and obligations,of Physio-Control, Inc. and the Buyer related to the purchase and sale of products and=services described in s document shall be governed by the laws of the State of Washington, United.States of America..AD ousts and_expenses incurred bythd ptevailing party related.to enforcement of its rights under this document, including reasonable'attomeys fees; shall:be reimbursed-bythe otherpaity. 5 Exhibit 2 Physic-Control, Nic. 11811 W' lows Read NEE P.4. Box 97006. Redmond, `:CFA 98052 I f Tel 425.867.4000 Toll-free 800.442.1142 www.physio-control_com December 18, 2009 .Denton Fire Department ATTN: Robyn. Forsyth 901 Texas Street Floor. 2 Denton, TX 76209 To Robyn Forsyth: In response to your recent request; I am writing to confirm that Physio-Control, division of Medtronic, Inc., is the only source from which to obtain the LIFEPAK® family of products, including upgrades, and services in your marketplace. Physio-Control does not utilize the services of any authorized dealers or distributors in the sale of our products in your marketplace. Best regards, Gorman Wong Customer Support Services Director ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE PURCHASE OF TWO LIFE-PAK DEFIBRILLATORS AND ASSOCIATED SUPPLIES FOR THE CITY OF DENTON FIRE DEPARTMENT AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4464-PURCHASE OF DEFIBRILLATORS FOR FIRE DEPARTMENT AWARDED TO PHYSIO- CONTROL, INC. IN THE AMOUNT OF $69,585). 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, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 4464 Physio-Control, Inc. $69,585 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 , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 4-ORD-File 4464 éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: January 12, 2010 DEPARTMENT: Fire ACM: Fred Greene SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Ambulance Agreement between the City of Denton and Denton County for ambulance services; and declaring an effective date. BACKGROUND The Interlocal Agreement for ambulance service between the City of Denton and Denton County began in 1980 and provides for emergency medical service to Denton County within the designated area (see map in Agreement). Each year a new agreement and ordinance is presented to the Denton City Council for the next fiscal year approving the fee the County will pay to the City of Denton for service using a County-wide funding formula based on population served, number of ambulance calls in the County area and the rural square miles in the County. The population and mileage figures used are based on numbers obtained from the North Central Texas Council of Governments. This ongoing Interlocal A which also includes review by the Denton County Fire Chiefs Association as well as approval by the Commissioners Court as part of their budget process. After the City of Denton signs the Agreement, the County Commissioners take their official action. Even though the contract is approved after its starting date, the Agreement still remains effective from October 1, 2009 with no reductions in revenues. $116,022.62 The total estimated fee of as the City of formula of 30.9% for readiness ($290,000 County budget); 34.5% for number of runs ($325,000 County budget); and 34.5% for rural square miles ($325,000 County budget) with the following estimated ratios: 1. A fixed readiness sum based on $0.6242 per capita for an estimated maximum amount of $69,257.33 . 2. A fixed sum of $296.5328 per ambulance run estimated to be 125 runs for an estimated $37,066.61 maximum amount of . This sum is based upon the number of runs made in the County areas for fiscal year 2008. 3. A fixed sum based on 22.40 rural miles in the agreed operating territory for an estimated $14,474.89 maximum amount of . Agenda Information Sheet January 12, 2010 Page 2 The City of Denton lost the Small City Ambulance contract with Krum in 2005/2006 and lost the contract with Sanger beginning October 1, 2006. The City also lost some rural square miles when the Argyle Fire Department formed an Emergency Services District (ESD) in 2007. This resulted in a loss of population, calls and rural square miles. Ü»²¬±² ݱ«²¬§ ß³¾«´¿²½» Ú«²¼·²¹ ó îððê ¬± îðïð îððê îððé îððè îððç îðïð ÎÛßÜ×ÒÛÍÍó ÐÑÐËÔßÌ×ÑÒæ ݱ«²¬§ б°«´¿¬·±² ëêíôðìð ëíçôèêí ìéïôëëè ìêìôëéç ìèîôëéç Ü»²¬±² б°«´¿¬·±² ïîìôçëé ïððôçëð ïïðôçëí ïïðôçëð ïïðôçëð îîòïû ïèòéû îíòëû îíòçû îîòçû ݱ«²¬§ Ú«²¼·²¹ Ú±®³«´¿ כּ ðòìéíê ðòëìðí ðòêïèë ðòëìðð ðòêððç ݱ«²¬§ λ¿¼·²» Ú«²¼·²¹ ̱¬¿´ üîêêôêêê üîçïôêêê üîçïôêêê üîçðôððð üîçðôððð λ¿¼·²» Ú«²¼·²¹ ¬± Ü»²¬±² üëçôïèïòçï üëìôëíçòïè üêèôêîìòíï üêçôîëéòíí üêêôêéìòðê ÛÓÍ ßÓÞËÔßÒÝÛ ÎËÒÍæ ̱¬¿´ ݱ«²¬§ ß³¾«´¿²½» Ϋ² éðè éìë çëê ïôðçê ïôîêð Ü»²¬±² Ϋ² ¬± ݱ«²¬§ îíë ïïé ïðê ïîë ïíé ííòîû ïëòéû ïïòðçû ïïòìû ïðòçû ݱ«²¬§ Ú«²¼·²¹ Ú±®³«´¿ כּ üíéêòêìêç üíçïòìçèð üíðëòðç üîçêòëíîè üîëéòçíêë ݱ«²¬§ Ϋ² Ú«²¼·²¹ ̱¬¿´ üîêêôêêê üîçïôêêê üîçïôêêê üíîëôððð üíîëôððð Ϋ² Ú«²¼·²¹ ¬± Ü»²¬±² üèèôëïîòðî üìëôèðëòîê üíîôííçòëì üíéôðêêòêï üíëôííéòíð ÎËÎßÔ ÍÏËßÎÛ Ó×ÔÛÍæ ˲·²½±®°±®¿¬»¼ ͯ«¿®» Ó·´» ëéðòéç ëíéòëê ëðíòïî ëðîòçì ìçèòðï ïëéòéé íîòðî îîòìð îîòìð îïòìé íèòëû êòïû ìòëû ìòëû ìòíû ݱ«²¬§ Ú«²¼·²¹ Ú±®³«´¿ כּ üìçðòíéçê üëìîòëéìç üëéçòéïìê üêìêòîððí üêëîòëçéí Ϋ² Ú«²¼·²¹ ̱¬¿´ üîêêôêêê üîçïôêêê üîçïôêêê üíîëôððð üíîëôððð Ϋ®¿´ ͯò Ó·´» Ú«²¼·²¹ ̱¬¿´ üéíôéðèòïè üïéôíéíòîë üïîôçèëòêï üïìôìéìòèç üïìôðïïòîê ÌÑÌßÔ ÝÑËÒÌÇ ÛÓÍ ÚËÒÜ×ÒÙ üèððôððð üèéìôççè üèéìôççè üçìðôððð üçìðôððð ÝÑËÒÌÇ ÚËÒÜ×ÒÙ ÌÑ ÜÛÒÌÑÒ üîîïôìðîòïî üïïéôéïéòêç üïïíôçìçòìé üïîðôéçèòçî üïïêôðîîòêî ɪ Ð £ø ¼£ ± úkªÃªÐ 2-È-ç 31È/ç 31È4ç 32È+ç 32È1ç ¼ ± 3 RECOMMENDATION Staff recommends the adoption of the proposed Ordinance and Agreement. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On December 6, 2005, the City Council discussed the EMS/Ambulance Service Agreement with Denton County and gave staff direction to continue the funding agreement with the County with annual discussion during the budget process. City staff presented a breakdown of the actual costs to provide fire services in the County and the City Council indicated its desire to continue to provide services. Agenda Information Sheet January 12, 2010 Page 2 Staff presented a review of ongoing costs to deliver ambulance services to the County in its budget process for FY2009/2010. Currently, there are no negotiations between the City and nes the annual contract amount. The previous County Ambulance funding contract was approved by the City Council on January 6, 2009. FISCAL INFORMATION The estimated ambulance fee for 2010 from the County is $116,022.62 which is a 9.6% decrease from the last contract amount of $120,798.92 in fiscal year 2008/2009. EXHIBITS Ordinance Agreement Respectfully submitted: ____________________ Ross Chadwick Fire Chief AGENDA INFORMATION SHEET AGENDA DATE: January 12, 2010 DEPARTMENT: Fire ACM: Fred Greene SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Fire Protection Agreement between the City of Denton and Denton County for fire protection services; and declaring an effective date. BACKGROUND The Interlocal Agreement for fire service between the City of Denton and Denton County provides fire protection services by the Denton Fire Department to the County areas previously served by the Mayhill-Cooper Creek Volunteer Fire Department and a small portion of the Lake Cities Fire District now adjacent to the newly annexed City property in the southwest portion of Teasely (FM 2181). In 2003, Denton County requested that the City of Denton provide fire protection to the designated area due to Mayhill- a proper response to fire calls. The County also requested in 2004 that the City respond to a small area next to the new DISD high school on FM 2181 and Old Alton Road since the City of was much quicker than Lake Cities Fire Department. This ongoing Interlocal A which also includes review by the Denton County Fire Chiefs Association as well as approval by the Commissioners Court as part of their budget process. After the City of Denton signs the agreement, the County Commissioners take their official action.Even though the contract is usually approved after its starting date, the Agreement still remains effective from October 1, 2009 with no reductions in revenues. The Commissioners Court determines the total appropriation to pay for fire protection in the unincorporated County area each year and divides that amount by an estimated number of fire calls to arrive at a per fire reimbursement. Table 1 shows the five-year history of fire funding. ª£ª £kªY úà ɣ㪠úkªÃªÐ ® 244. £ 2434 244. 244- 244, 244+ 2434 £kªY úkªÃªÐ x34Ë444È44 x34Ë444È44 x34Ë444È44 x34Ë444È44 x34Ë444È44 É úà ±± x1.,È34 ±±x1.,È34 ±±x1+4È44 ±±x044È44 ±± x044È44 ±± ª£ª úà ±± 30- -/ -, -, 2- úà ±± úkªÃªÐ x/0Ë334È-4 x2-Ë.4-È/4 x14Ë024È44 x13Ë244È44 x34Ë,44È44 ¼£ ± ª£ª x.0Ë334È-4 x1-Ë.4-È/4 x04Ë024È44 x03Ë244È44 x24Ë,44È44 úkªÃªÐ ¼ ± 3 Agenda Information Sheet January 12, 2010 Page 2 RECOMMENDATION Staff recommends the adoption of the proposed ordinance and agreement. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On December 6, 2005, the City Council discussed the Fire Protection Agreement with Denton County and gave staff direction to continue the funding agreement with the County with annual discussion during the budget process. City staff presented a breakdown of the actual costs to provide fire services in the County and the City Council indicated its desire to continue to provide services. Staff presented a review of ongoing costs to deliver fire services to the County in its budget process for FY2008/2009. Currently, there are no negotiations between the City and County on the provisions of annual contract amount. The previous County fire protection contract was approved by the City Council on January 6, 2009. FISCAL INFORMATION Denton County will pay the City $10,000 upon execution of the proposed Agreement and reimburse the City for each fire call at the rate of $400.00 per fire call which is the same dollar amount per call reimbursement used in the 2009 Agreement. The annual estimate for the reimbursement of fire calls is $10,800.00 based on an estimated 27 fire calls in the unincorporated County area. The total Fire Protection contract with the County is estimated to be $20,800.00 which is a 50% de41,200.00 contracted amount. EXHIBITS Ordinance Agreement Respectfully submitted: ______________________ Ross Chadwick Fire Chief ßÙÛÒÜß ×ÒÚÑÎÓßÌ×ÑÒ ÍØÛÛÌ ßÙÛÒÜß ÜßÌÛæ January 12, 2010 ÜÛÐßÎÌÓÛÒÌæ Streets ßÝÓæ Howard Martin, Utilities, 349-8232 ______________________________________________________________________________ ÍËÞÖÛÝÌ Consider adoption of an ordinance approving an Interlocal Cooperation Agreement (ICA) between the City of Denton and the County of Denton for the purpose of performing maintenance on certain roads. ÞßÝÕÙÎÑËÒÜ As a City expands its city limits through annexations (voluntary or involuntary) the responsibilities for maintaining the existing roads transfers from the County to the City. Since many annexations are voluntary and requested by property owners for development purposes, the existing roadways annexed by the city may include right-of-ways to the centerline of the road or sections of the roadway specific to the property being annexed. This can result in road maintenance complications for both the City and the County to contend with. Typically, the situations are best resolved by negotiating an understanding between the City and the County on which portions or sections of the roads will be maintained by each jurisdiction. These negotiations would result in a more logical and efficient road maintenance program for both governmental jurisdictions in lieu of the legally prescribed responsibilities defined by city/county jurisdictional boundaries. The last agreement between the City and County that defined these roadway maintenance responsibilities was executed in 2008 (Attached Exhibit 1) The attached agreement, Exhibit 2 is an update of the 2008 agreement with Denton County for maintenance of either center line or segmented roads located within the city limits or newly annexed property. The attached agreement, a cooperative effort between City of Denton staff and Cynthia White, Precinct One Commissioner, defines segments of roads to be maintained by the city or the county depending upon types or locations of roads on the outer edge of the city limits as well as recently annexed parcels. The term of this Agreement is for a term of two years beginning on its effective date, and being subject to renewal for additional terms of two years on its effective date each year. ÑÐÌ×ÑÒÍ 1.Approve the agreement. 2.Not approve the agreement. ÎÛÝÑÓÓÛÒÜßÌ×ÑÒ Staff recommends approval of the Interlocal Cooperation Agreement. ÐÎ×ÑÎ ßÝÌ×ÑÒñÎÛÊ×ÛÉ øݱ«²½·´ô Þ±¿®¼ô ݱ³³··±²÷ None Agenda Information Sheet January 12, 2010 Page 2 of 2 Ú×ÍÝßÔ ×ÒÚÑÎÓßÌÑÒ Maintenance costs have been budgeted in the Street Department’s Operation and Maintenance budget. Þ×Ü ×ÒÚÑÎÓßÌ×ÑÒ None ÛÈØ×Þ×ÌÍ 1.Ordinance 2.Interlocal Agreement between the City of Denton and the County of Denton 3.Itemized list of streets Respectfully submitted: Jimmy D. Coulter Director Water Utilities Prepared by: Timothy S. Fisher Assistant Director Water Utilities éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ CITY OF DENTON CITY COUNCIL MINUTES December 1, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, December 1, 2009 at 2:30 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 Mulroy, and Council Member Watts. ABSENT: Council Member Heggins 1. Requests for clarification of agenda items listed on the agenda for December 1, 2009. Council Member Mulroy indicated that he had submitted several questions to the City Manager regarding Consent Agenda items. He requested that Items 3C and 3F be pulled and not considered. City Manager Campbell suggested that the Council not act on the DART contract and right-of- entry. He suggested that Council open the DART public hearing but not act on it. City Attorney Burgess stated that staff had submitted a substitute ordinance for Item 3I. Mayor Burroughs indicated that the Mobility Committee had discussed Items 3D and 3E. The Committee did not recommend the items for approval but recommended Council consider the items. 2. Receive a report, hold a discussion, and give staff direction concerning proposed amendments to Subchapter 22 of the Denton Development Code regarding gas well drilling and production. The discussion will include an analysis of gas well and production ordinances of neighboring cities within the metroplex area. Mark Cunningham, Director of Planning and Development, stated that staff was seeking direction from Council regarding an amendment of Subchapter 22 of the Denton Development Code pertaining to gas well drilling and production within the City and the ETJ. Staff had reviewed ordinances from eight other cities and found seven issues for consideration. Those included setbacks, hours of operation, noise levels, screening, buffering, lighting and insurance/security bond. Council Member Mulroy asked about Railroad Commission requirements. Cunningham stated that staff had not yet researched those requirements. Council Member Mulroy felt that information was needed in order to provide staff with direction. He also asked if any of the conditions been challenged in court. Cunningham replied not to his knowledge. Council Member Engelbrecht asked staff to check to see if there were limits farther than 1,000 feet for setbacks. City Attorney Burgess stated staff would check and find out for Council. City of Denton City Council Minutes December 1, 2009 Page 2 Council Member Gregory suggested staff check to make sure all kinds of setbacks were included such as from the road, sidewalk, residence, etc. Cunningham reviewed hours of operation, noise level, and screening requirements from the surveyed cities. Council Member Mulroy felt staff needed to add screening around the site and look at the history of specific use permits and standardize it from the vacant land. Cunningham continued with buffering requirements and security bonds. Mayor Burroughs asked for a definition of a drilling park. Cunningham reviewed insurance requirements from the surveyed cities. Council Member Mulroy suggested checking if environmental insurance requirements should be required before drilling was started. Council Member Gregory suggested checking into the possibility of limiting the number of wells at a site and the number of tanks on site plus their height. Mayor Burroughs noted that a specific use permit allowed different conditions to be placed on each well depending on the location. Council Member Gregory asked staff to research requirements for limitations of flaring and closed loop drilling mud system during drilling operations. Council Member Watts suggested having a specific use permit as a requirement and then customize the conditions to be placed on each different well. Mayor Burroughs felt some type of menu might help alert them of the different subject matters to consider. Council Member Engelbrecht suggested looking into the issue of public notification particularly during drilling operations. Council Member Gregory suggested posting or notifying area hospitals and emergency services of all the chemicals that might be used during the drilling process. 3. Receive a report, hold a discussion, and give staff direction regarding an alternative fuel and truck wash facility at the City of Denton Landfill. Jon Fortune, Assistant City Manager, presented background information on the alternative fuel facility. Council Member Watts asked if this facility was different from the other wash facility that was just approved and if there was any way to combine those two procedures. City of Denton City Council Minutes December 1, 2009 Page 3 Fortune replied that they were different functions. Mayor Burroughs asked about the biodiesel fuel. Fortune stated that they would be able to get the fuel from various sources and would be able to take advantage of it for the fleet. Council Member Mulroy asked about the proximity of this facility to the facility just approved. Howard Martin, Assistant City Manager, stated that it would be at the entrance of Mayhill Road. The wheel wash facility was located in the landfill footprint. Council Member Mulroy asked if there had been a consideration to consolidate the two projects. Martin relied yes but that the wheel wash facility needed to be nearer the landfill to keep the pavement clean and the truck wash facility needed to be outside the landfill footprint for TCEQ purposes. Following the completion of the Work Session, the Council convened in a Closed Session at 4:05 p.m. to consider the following: 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. Council Member Mulroy motioned, Council Member Engelbrecht seconded that it was proper to proceed in a Closed Session concerning Item A.1. under the Public Power exception. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. 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 City of Denton City Council Minutes December 1, 2009 Page 4 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 or 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 have a detrimental effect on the position of the City Council in negotiations with DART or 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. C. Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. 1. Discuss and deliberate the appointment, duties and evaluation of Denton’s one appointment and two alternates to the DCTA Board of Directors. D. Consultation with Attorneys - Under Texas Government Code Section 551.071 and Deliberations regarding Personnel Matters - Under Texas Government Code 551.074 1. Consultation with the City’s attorneys regarding legal issues associated with personnel matters involving the city manager, city attorney, internal auditor, and/or the municipal court judge where public discussion associated with 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 of Professional Conduct of the State Bar of Texas. Discuss and deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal and/or hear a complaint or charge involving the city manager, city attorney, internal auditor, and/or the municipal court judge. City of Denton City Council Minutes December 1, 2009 Page 5 Regular meeting of the Denton City Council on December 1, 2009 at 7:10 p.m. in the City Council Chambers. ïòÐÔÛÜÙÛ ÑÚ ßÔÔÛÙ×ßÒÝÛ The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. îòÐÎÑÝÔßÓßÌ×ÑÒÍñÐÎÛÍÛÒÌßÌ×ÑÒÍ A. Proclamations/Awards 1. Police Appreciation Day Mayor Burroughs presented the proclamation for Police Appreciation Day. B. Presentation of Images of America - Denton book by Georgia Caraway and Kim Cupit with Denton County Museums. Ms. Caraway and Ms. Cupit presented the Council with a copy of their book and gave a brief presentation on the significance of their book. íòÝÑÒÍÛÒÌ ßÙÛÒÜß Mayor Burroughs noted that Items C and F would be pulled and not considered. Item K would be pulled for separate consideration. A substitute ordinance for 3I would also be considered. Council Member Mulroy motioned, Mayor Pro Tem Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items C, F, and K. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2009-297 A. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving an Agreement between the City of Denton and the Denton Affordable Housing Corporation; providing for the terms of said contract; authorizing the City Manager to execute the Agreement and to expend funds with respect to the Agreement; and providing for an effective date. Ordinance No. 2009-298 B. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to make application to the Texas Department of Housing and Community Affairs Emergency Shelter Grant Program and take all other actions necessary to obtain a grant under the Emergency Shelter Grant Program; and providing for an effective date. City of Denton City Council Minutes December 1, 2009 Page 6 This item was not considered. C. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music hosted by the Sigma Phi Epsilon and Theta Chi fraternities. The social event will be located at 1025 Maple Street on Friday, December 4, 2009, beginning at 10:00 p.m. and concluding at 1:30 a.m. This request is for an exception to the hours of operation to be extended for the evening concert. This request does not include an increase in decibels; the amplified sound will remain at the allowable 65 decibels. Resolution No. R2009-034 D. Consider approval of a resolution of the City Council of the City of Denton, Texas, certifying funding and support for the 2009 Statewide Transportation Enhancement Program Nomination Form with the Texas Department of Transportation, authorizing the City Manager to submit an application to receive funding to construct the Hickory Street corridor and entertainment district project under the program and, if the grant is approved, to execute the grant agreement and take other actions necessary to implement the grant; and providing an effective date. The Mobility Committee recommends approval (3-0). Resolution No. R2009-035 E. Consider approval of a resolution of the City of Denton, Texas, certifying funding and support for the 2009 State Wide Transportation Enhancement Program nomination form with the Texas Department of Transportation, authorizing the City Manager to submit an application to receive funding to construct the Cooper Creek Bike and Pedestrian Trail Project under the program and, if the grant is approved, to execute the grant agreement and take other actions necessary to implement the grant; and providing the effective date. The Mobility Committee recommends approval (3-0). This item was not considered. F. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for an on-site service technician for Fleet Services from Rush Truck Centers of Texas, LP DBA Rush Truck Center, Dallas, 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 4447-On-Site Service Technician for Fleet Services in an amount not to exceed $100,000). Ordinance No. 2009-299 G. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute an agreement by and between the City of Denton, Texas and Carmen Investments, Inc. for the provision of Water and Sanitary Sewer Facilities for Phase IIA of the Country Club Village Addition; and providing an effective date. The Public Utilities Board recommends approval (6-0). Ordinance No. 2009-300 H. Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation (TxDOT) relating to a grant for the Routine Airport City of Denton City Council Minutes December 1, 2009 Page 7 Maintenance Program (RAMP); authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date. (TxDOT Project No. AM 2010DNTON and TxDOT CSJ No. M018DNTON). The Airport Advisory Board recommends approval (6-0). Ordinance No. 2009-301 I. Consider adoption of an ordinance authorizing the City Manager to approve a first amendment to an Agricultural Lease Agreement approved by Ordinance 2004-304 dated October 5, 2004, between the City of Denton, Texas and Larry Downe at the Denton Municipal Airport; and providing an effective date. The Airport Advisory Board recommends approval (7-0). Resolution No. 2009-036 J. Consider approval of a resolution authorizing the City Manager to execute an agreement between the City of Denton and the Texas Commission on Environmental Quality (TCEQ) granting a license to the TCEQ for an Air Pollution Monitoring Station; and declaring an effective date. The Airport Advisory Board recommends approval (7-0). Resolution No. 2009-037 K. Consider approval of a resolution regarding the term of the Employment Agreement, dated June 5, 2007, between the City of Denton and the City Auditor, said term providing for automatic renewal of one year unless a written notice of no less than thirty (30) days is provided prior to January 1, 2010. This item was considered after Public Hearing B. Council Member Mulroy motioned, Mayor Pro Tem Kamp seconded to approve the resolution changing the term of the employment agreement to end on March 1, 2010 rather than January 1, 2010. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Item 5D was considered. D. Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing one member and two alternates to the Board of Directors or Executive Committee of the Denton County Transportation Authority; providing a repealer and providing an effective date. The Mobility Committee recommends approval (2-0). Council Member Mulroy motioned, Mayor Pro Tem Kamp seconded to approve the resolution appointing Guy McElroy as the member to the Board of Directors of the Denton County Transportation Authority. No alternates would be appointed at this time. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. City of Denton City Council Minutes December 1, 2009 Page 8 ìò ÐËÞÔ×Ý ØÛßÎ×ÒÙÍ Ordinance No. 2009-302 A. Hold a public hearing and consider adoption of an ordinance regarding a Concept Plan and Detail Plan for property located within the Wheeler Ridge Planned Development District (PD-176). The Concept Plan contains approximately 9.08 acres and the Detail Plan contains approximately 4.05 acres located within the boundaries of the Concept Plan. The applicant is proposing to develop a 176,537 square foot self-storage facility. The subject site is located at the southeast corner of Teasley Lane (FM 2181) and Robinson Road; and the ordinance provides for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (Z08-0019) The Planning and Zoning Commission recommends approval (5-1). Chuck Russell, Planning Supervisor, stated that this request combined the amendment of the concept plan and approval of the detailed plan. He reviewed the details of the Planned Development District which was primarily a residential planned development and the history of the District. There were several big zoning issues to consider including access and uses. The Planning and Zoning Commission had recommended approval with three conditions which were noted. The proposed use of the property was for multiple commercial uses which was not out of character with the zoning designation; however, the driveway design standards proposed by the applicant were inconsistent with the Denton Development Code. Russell reviewed the options for access to the property. He noted that the staff version had not been reviewed by the Planning and Zoning Commission. The Landscape Plan had been submitted by the applicant. It was approved and consistent with the Development Plan. Council Member Watts noted that Option 4 looked different from the backup and asked if it had changed. Russell replied that Engineering had updated what was in the backup materials. PS Arora, Division Manager, indicated that there were four options for the applicant and that all options met DDC requirements. He showed the options for access to the property. Council Member Watts asked about a solid median through the property frontage on Teasley. Arora stated that the City could ask for access through the median at the public street area. He indicated that there were two code requirements that affected the property. One was if access was from a lesser street then that was the access that would be granted. The second was a requirement that in order to have an additional access on an arterial street it would have to be warranted by vehicular trip generation. If warranted, the second driveway would be on Robinson Road. Council Member Mulroy indicated that the Development Code set the parking requirements by use and not by trips. City of Denton City Council Minutes December 1, 2009 Page 9 Arora stated that was correct. Two driveways would be allowed on Robinson Road and a third on Teasley Lane if proved up by traffic counts. Council Member Mulroy stated that the Development Code detailed how far approaches should be apart plus fire department standards and asked if the proposed driveways met those standards. Arora replied no. Council Member Mulroy asked for an explanation of the fire department criteria for driveways. Arora indicated that he did not have that information. Council Member Mulroy noted that they were being asked to make a decision based on regulations rather than normal development standards. Arora demonstrated the driveways that were suggested to the applicant. Mayor Burroughs questioned the access locations suggested by the applicant and whether the suggested access on Teasley met TxDot requirements for distance separation or would a variance have to be obtained. Arora replied that the applicant would have to ask TxDot for a variance. Council Member Watts stated that the suggested access on Robinson Road did not meet distance requirements both in the DRC and applicant's proposal. He felt it did not make sense trying to do driveways when there was no detail plan at this point in time. Council discussed driveway access and proposed plans from staff, the Development Review Committee and the applicant. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Lee Allison, representing the applicant, in support Rick Jones, developer, in support Council Member Watts questioned the need for three driveways. Allison replied a driveway with direct access was more apt to attract customers. He stated they could compromise and get by with two drives, one on Teasley and one on Robinson. Council Member Watts stated that they were asking for a drive cut on an arterial from the outset without proving up the traffic count. Council had the detailed development plan for the units but not the traffic count to support a driveway on a major arterial. Mayor Burroughs asked if Council approved the three entrances and the detail plan did not generate the required number of trips, would a driveway be closed. City of Denton City Council Minutes December 1, 2009 Page 10 Arora stated that the third drive could not be built unless the approved detailed plan justified the number of trips. Allison stated that they were asking for a variance to the driveway conditions in order to have three driveways, two entrances on Teasley and the alternate on Robinson. Council discussed the driveway alternatives with the petitioner and staff. The Mayor closed the public hearing. Mayor Pro Tem Kamp motioned, Council Member Mulroy seconded to adopt the ordinance with the following conditions: the applicant would provide a 20-foot landscape buffer on the south and east side of the site; access from Teasley Lane to the site would be restricted to a right-in and right-out driveway which the owner would be responsible for construction of a right turn lane per city standards; the eastern-most driveway from Robinson Road to the site would be permitted upon the completion of a right turn lane on eastbound Robinson Road and a left turn lane on westbound Robinson Road into the driveway; the western-most access from Robinson Road would be prohibited until the City Engineer verified that the total traffic count exceeded 10,000 trips per day for the entire 9.08 acre site; the owner would provide a terminus at Lost Pony Drive with a pedestrian and bicycle connectivity; and the southern and eastern rear walls of the self storage structure would be constructed as per the elevation shown in Exhibit D of the ordinance with the main facility office constructed as per Exhibit C of the ordinance. Council Member Engelbrecht stated that he was still having problems with the location on Teasley and did not feel it was a good idea. On roll call vote, Council Member Watts "nay", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried with a 5-1 vote. Ordinance No. 2009-303 B. Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 1.76 acres of land from a Downtown Residential 2 (DR-2) zoning district to a Downtown Commercial General (DC-G) zoning. The property is generally located east of Bonnie Brae Road, north of Hickory Street and south of Oak Street and is commonly known as Lots 3, 4, 5 & 6, Block A of the Whitten Addition and Lots 4 and 5, Block 1 of the Oak Street Terrace Addition, Denton, Texas. (Z09-0008) The Planning and Zoning Commission recommends approval with a restrictive overlay (6-0). Mark Cunningham, Director of Planning and Development, reviewed the details of the proposal. He stated that the proposal was to rezone in order to develop medical offices on the site. The Planning and Zoning Commission recommended approved with the following overlay restrictions: industrial uses would not be permitted; all residential uses would require a specific use permit approval and residential density could not exceed 30 units per acre. The Mayor opened the public hearing. City of Denton City Council Minutes December 1, 2009 Page 11 Larry Reichhart, representing the petitioner, spoke in favor. The Mayor closed the public hearing. Council Member Mulroy motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Consent Agenda Item K was considered. Motion and vote shown at the Consent Agenda Item K location in the minutes. Ordinance No. 2009-304 C. Hold a public hearing and consider adoption of an ordinance providing for a zoning change from the Downtown Residential 1 (DR-1) zoning district classification and use designation to the Downtown Commercial General (DC-G) zoning district classification and use designations, comprising 0.2213 acres of land located south of Eagle Drive, east of Cleveland Street and west of Carroll Boulevard. (Z09-0007) The Planning and Zoning Commission recommends approval (5-0). Mark Cunningham, Director of Planning and Development, presented Items C and D together. He stated that the applicant was proposing to integrate both sites into the existing DC-G zoning district for future retail/commercial development. Retail sales and services were not allowed in the existing DR-1 zoning district. The Planning and Zoning Commission recommended approval of both zoning change requests. The Mayor opened the public hearings for both C and D. No one spoke during the public hearings. The Mayor closed the public hearings. Council Member Watts motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance for Item C. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2009-305 D. Hold a public hearing and consider adoption of an ordinance providing for a zoning change from the Downtown Residential 1 (DR-1) zoning district classification and use designation to the Downtown Commercial General (DC-G) zoning district classification and use designation, comprising 0.42 acres of land located south of Eagle Drive, east of Cleveland Street and west of Carroll Boulevard. (Z08-0020) The Planning and Zoning Commission recommends approval (5-0). The public hearing for this item was held with Item C. City of Denton City Council Minutes December 1, 2009 Page 12 Council Member Watts motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2009-306 E. Hold a public hearing and consider adoption of an ordinance granting approval of a Public Utility Easement for subsurface use of a portion of the Denton Branch Rail Trail South of Loop 288 near milepost 724.1 in accordance with Chapter 26 of the Texas Parks and Wildlife Code; and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0). Bob Tickner, Park Planner, presented information on Items E and H. Item E dealt with a request from the Engineering Department to use the parkland to extend a water line. After all possible alternatives were reviewed, the staff recommended approval as there would be no major impact on current park operations or programs. Reasonable planning had been utilized to minimize harm to the land. Item H dealt with a request from Denton Municipal Electric to use parkland to provide new subsurface electric service. After reviewing all alternatives, staff recommended an easement agreement with specific conditions for a subsurface electric line crossing. Staff confirmed that the City had investigated all other alternatives and had used prudent and reasonable planning to minimize harm to the land. Public hearings were required due to the use of park property for uses other than park uses. The Mayor opened the public hearings for Items E and H. Bob Clifton, 1800 Morse, Denton, 76205, spoke in opposition to Items E and H. The Mayor closed the public hearings. Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to adopt the ordinance for Item E. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. F. Hold a public hearing and consider adoption of an ordinance granting approval of an electric easement for a subsurface use of a portion of the Denton Branch Rail Trail approximately 260 feet north of Mayhill Road at Mile Post 725.1 in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of an electric easement and providing an effective date. This item was not considered. G. Hold a public hearing and consider adoption of an ordinance granting approval of an electric easement for a overhead use of a portion of the Denton Branch Rail Trail approximately 600 feet north of Pockrus Page Road at Mile Post 725.58 in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of an electric easement and providing an effective date. City of Denton City Council Minutes December 1, 2009 Page 13 This item was not considered. Ordinance No. 2009-307 H. Hold a public hearing and consider adoption of an ordinance granting approval of an electric easement for a subsurface use of a portion of the Denton Branch Rail Trail approximately 1,742 feet north of Lakeview Boulevard at Mile Post 726.22 in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of an electric easement and providing an effective date. The public hearing for this item was held with Item E. Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. I. Hold a public hearing on the Sale of the Denton Branch Rail Trail Corridor owned by the City of Denton to the Dallas Area Transit Authority (DART) for the purposes of reactivation of a rail line between Denton and Carrollton. The Mayor opened the public hearing. Council Member Mulroy motioned, Council Member Engelbrecht seconded to continue the public hearing to the December 8, 2009 meeting. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. ëò×ÌÛÓÍ ÚÑÎ ×ÒÜ×Ê×ÜËßÔ ÝÑÒÍ×ÜÛÎßÌ×ÑÒ 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) Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to remove the item from the table. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Bob Clifton, 1800 Morse, Denton, 76205 submitted a Speaker Card in opposition. B. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a Contract of Sale by and between the City of Denton, Texas ("City") and the Dallas Area Rapid Transit Authority ("DART") transferring the Denton Rail Corridor, consisting of those lands described in that certain Quitclaim, City of Denton City Council Minutes December 1, 2009 Page 14 dated August 9, 1993, County Clerk File No. 93-R0058485, as corrected by Correction Quitclaim Deed, dated June 1, 2001, County Clerk File No. 2001- R0057561, and as corrected by Correction to Correction Quitclaim Deed, dated June 28, 2001, County Clerk File No. 2001-R0076013, all recording references to the Real Property Records of Denton, Texas. City Manager Campbell suggested that the item be continued to the December 8, 2009 meeting. Bob Clifton, 1800 Morse, Denton, 76205 submitted a Speaker Card in opposition. Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded continue the item to the December 8, 2009 meeting. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. C. Consider adoption of an ordinance of the City of Denton, Texas, expanding and extending the term of a right of entry and possession, dated March 3, 2009, as extended on May 5, 2009, as extended and expanded on June 23, 2009, as extended and expanded on September 1, 2009, as extended on September 15, 2009, and as extended and expanded on September 22, 2009 and as extended on November 3, 2009 (as amended and extended, the "Right of Entry") 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 purpose of performing activity as described in the Right of Entry; and providing and effective date. Bob Clifton, 1800 Morse, Denton, 76205 submitted a Speaker Card in opposition. Council Member Gregory motioned, Mayor Pro Tem Kamp seconded continue the item to the December 8, 2009 meeting. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. D. Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing one member and two alternates to the Board of Directors or Executive Committee of the Denton County Transportation Authority; providing a repealer and providing an effective date. The Mobility Committee recommends approval (2-0). This item was considered after the Consent Agenda. E.Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: City of Denton City Council Minutes December 1, 2009 Page 15 a. Bob Clifton regarding redistricting. Bob Clifton spoke on redistricting and indicated that the area State districts would be changing. He felt southeast Denton was wrecked due to railroad. He stated that redistricting should be done by population and needed to be done properly with a great deal of thought. F. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. There were no items suggested. G. 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. H. 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. __________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES December 8, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, December 8, 2009 at 4:00 p.m. in the City Council Work Session Room at City Hall. PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member Mulroy and Council Member Watts. ABSENT: Council Member Heggins. 1. Receive a report, hold a discussion, and give staff direction regarding projects to be included in Denton’s 111th Congress, 2nd Session Congressional Priority Project requests. John Cabrales Jr., Public Information/Intergovernmental Relations Officer, stated that since 2003, Denton had submitted priority project requests to its congressional delegation for discretionary funding based on the needs of the community and the appropriateness for federal consideration. Since the City’s first submission, Denton had received in excess of approximately $13.67 million in federal discretionary funds. He stated that these funds were becoming more difficult to obtain due to the growing number of requests as well as a reduction in discretionary funding levels. Additionally, increased information and detail was being requested by the congressional representatives with each submittal. It was for these reasons that staff had scrutinized the project funding requests and selected the projects that had the best chance of being considered for congressional funding. The following projects and funding amounts were recommended by staff: Airport Operating Safety Enhancements - $890,000, Downtown Development Improvements - $2,065,000, Public Safety Training Facility/Technology - $200,000, and DME AMI/Smart Grid Project - $1,000,000. Cabrales stated that the operating safety enhancements for the airport would provide additional aircraft operation areas (ramp expansion) to enhance the safe ingress and egress of aircraft between active taxiways and service locations on the airport. Currently, taxiways and aircraft operating areas were congested and in need of additional paved surface for safe aircraft maneuvering. Cabrales stated that the downtown development improvements were for the Hickory Street Corridor Project and included street work, sidewalks, streetscape, and associated engineering and surveying costs. Cabrales indicated that the funding for the regional public safety training facility included EOC computers and printers and video surveillance cameras. He stated that the regional public safety training facility would house the City’s Emergency Operations Center and the EOC needed laptop computers and printers. The video surveillance cameras would be located throughout the city and provide the EOC with real-time video and weather monitoring from critical areas of the community. Cabrales stated that the DME AMI/Smart Grid Project included digital upgrades to electric transmission and distribution systems that would enable the entire electricity supply and delivery chain including power plants, transmission lines, substations, distribution lines, meters, and customer systems to operate in a more reliable, efficient, secure, and affordable manner. City of Denton City Council Minutes December 8, 2009 Page 2 Council Member Mulroy asked why the Council had not been involved in the process of selecting the projects until now. He felt that in the future, Council should be involved in the process from the beginning. He asked if there were any projects besides the four recommended by staff. City Manager Campbell stated that staff could provide Council, if there were any other submissions by departments, what those were and why staff had eliminated them – if they did not meet the criteria. If there were no other projects submitted, they could ask departments if they had any projects internally that they had considered but did not submit and determine what the criteria was and how it had applied to those projects. Staff would present this information to Council prior to approval of these four projects. Council Member Gregory also asked for more information about the types of projects that had received funding in the past through our congressional delegation. 2. Receive a report, hold a discussion, and give staff direction regarding the proposed City of Denton Health and Wellness Center. Scott Payne, Risk Manager, stated that during the FY 2009-10 budget process, it was noted that medical and prescription costs were projected to increase at a rate of 10% or more each year and that the City had planned to increase its portion of the funding by 6%. The gap would have to be made up through plan changes, premium increases, tying premium amounts to wellness criteria, or a health & wellness clinic. Payne stated that a clinic could provide high quality, low/no cost primary medical care services for those that chose to use it. He stated that there were many public entity clinics in the Dallas/Ft. Worth area and throughout Texas. The theory was that by turning a component of the costs associated with health care into a fixed cost, employers could essentially provide the service more cost effectively than they could provide the benefit. Other areas where savings could occur included: Better disease management – many family practices did not have sufficient time to do regular follow up with those patients that were trying to manage a chronic disease condition. Active wellness partner – the clinic could provide a mechanism to connect members to wellness opportunities at the point in time where it was most meaningful. Influence medicine prescribing patterns – the medical staff of the clinic would only have to worry about one prescription drug formulary instead of multiple formularies. Influence physician and facility referrals– the medical staff at the clinic would develop relationships with providers and facilities in the medical community. Accessibility – by removing the cost barrier and by committing to see members at their scheduled appointment time, access to basic medical care could improve and thereby improve the overall health of the members. Reduce absenteeism – by increasing accessibility, absenteeism related to illness could be reduced. Resource for other medical related services – the clinic could potentially be used for services like drug test specimen collection, pre-employment physicals, fire and police physicals, basic laboratory and x-rays and other procedures that were currently being contracted for. Establish a medical “home” – many employees did not have a family physician and relied on facilities like Minor Emergency, CareNow or even the Emergency Room for their basic health care needs. City of Denton City Council Minutes December 8, 2009 Page 3 The facility needed to be in a location convenient to City facilities with sufficient parking space for large vehicles and room for growth. The medical staff that ran the clinic could be employees of the public entity, contracted with a company that specialized in operating clinics to provide that service, staffed by doctors, or physician’s assistant and / or nurse practitioners overseen by a contracted Medical Director. The setup and scope of the clinic operation depended on the goals, objectives and size of the organization. Also if the City could find another entity or entities to partner with they would be able to build a bigger clinic with a larger medical staff and deliver additional services such as lab, X-ray and pharmacy. Consensus of the Council was for staff to bring more detailed information back to Council as far as the full cost to setup and operate a clinic. 3. Receive a report, hold a discussion, and give staff direction regarding the annexation of eighteen (18) proposed areas including the costs related to providing municipal services. Mark Cunningham, Director of Planning and Development, stated that Council had requested a presentation regarding the anticipated cost of providing services to the proposed annexation areas. He stated there would be no additional cost to provide Fire/EMS services to the areas proposed for annexation. The City stood to lose approximately $20,000 in revenue from Denton County that was currently being paid for Fire/EMS services. If all of the proposed areas were annexed, two additional police officers and one additional police vehicle would be required to meet average response times for the Police Department. Estimated cost was $238,500. The proposed annexation would not result in any immediate cost increase to provide municipal park services or facilities to the areas proposed for annexation. The Parks Department was responsible for mowing the City’s rights-of-way five times per year. It was estimated that the proposed annexations would result in an increase of approximately thirty-one miles of additional right-of-way mowing at a cost of $1,125 per mile. The immediate cost to mow the additional miles of right-of-way was estimated to be $174,375. Council Member Mulroy requested staff to separate annual operating costs from capital costs and bring those figures back to Council. Cunningham stated that if the goal was to provide the same level of code enforcement service in the proposed annexation areas as currently existed within the city, then two additional Code Enforcement officers would be needed. One officer could begin in FY 2010-11 and one could begin in FY 2012-13. Staff also anticipated an additional $40,000 that would go towards the substandard structures program and associated costs of securing vacant structures. Watts suggested a grace period for property owners that were in non-compliance regarding Code Enforcement violations. Solid Waste did not anticipate a need for any additional vehicles or personnel to service the proposed areas. City of Denton City Council Minutes December 8, 2009 Page 4 Library Services estimated additional funding, personnel and materials needed to adequately serve the areas at $52,800. The proposed annexations would also increase the need for an additional library facility and needed staffing. DME currently provided service within some of the areas proposed for annexation and had adjacent facilities or provided service to adjacent areas. Electric service could be provided to all the areas proposed for annexation as development occurred in and around the areas, with the exception of DH-13 where DME was not certified to provide electric service. Cunningham reviewed the costs to provide Water and Wastewater services to each proposed annexation area. All the proposed annexation areas were within the City’s water service area and Sewer service area. Mayor Pro Tem Kamp asked for clarification of what the immediate services would be. Cunningham stated that immediate service figures for Wastewater would be $0, Water would be $0, Traffic Operations Signs and Markings would be $167,511, and Engineering and Transportation would be $367,405. City Manager Campbell stated that staff could present the costs as immediate costs and anticipated future costs. They could include what needed to be done upon annexation; what needed to be done as growth occurred; what criteria or assumptions were being made to make those estimates; what part of those costs were developer costs and what part of those costs were the City’s costs. Cunningham stated that if all the proposed areas were annexed, they would generate approximately $775,000 in additional tax revenue to the City. However, it would be unlikely that the City would realize this full amount because many of the parcels that were included in the areas proposed for annexation were appraised for ad valorem tax purposes as agricultural or wildlife management or timber land uses. All of these parcels would be subject to a non- annexation agreement and it would be impossible to anticipate the amount of ad valorem taxes that would be collected by the City. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 6:25 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting A. 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 or 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 City of Denton City Council Minutes December 8, 2009 Page 5 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 DART or 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. Following the completion of the Closed Meeting, the Council will consider the following in Open Session: Special Called Regular Meeting of the City of Denton City Council on Tuesday, December 8, 2009 at 6:54 p.m. in the Work Session Room at City Hall. ïò ÐËÞÔ×Ý ØÛßÎ×ÒÙ A. Continuation of a public hearing on the Sale of the Denton Branch Rail Trail Corridor owned by the City of Denton to the Dallas Area Rapid Transit Authority (DART) for the purposes of reactivation of a rail line between Denton and Carrollton and consideration of an ordinance granting approval for the sale and transfer of the Denton Branch Rail Trail from approximately Mile Post 721.89 to Mile Post 729.5 for the purpose of a commuter railroad in accordance with Chapter 26 of the Texas Parks and Wildlife Code; and providing an effective date. City Manager George Campbell recommended that the Council continue the public hearing to the next Council meeting. Council Member Mulroy motioned, Mayor Pro Tem Kamp seconded to continue the public hearing to the December 11, 2009 City Council meeting. On roll vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously. îò×ÌÛÓÍ ÚÑÎ ×ÒÜ×Ê×ÜËßÔ ÝÑÒÍ×ÜÛÎßÌ×ÑÒ A. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a Contract of Sale by and between the City of Denton, Texas ("City") and the Dallas Area Rapid Transit Authority ("DART") transferring the Denton Rail Corridor, consisting of those lands described in that certain Quitclaim, dated August 9, 1993, County Clerk File No. 93-R0058485, as corrected by Correction Quitclaim Deed, dated June 1, 2001, County Clerk File No. 2001-R0057561, and as corrected by Correction to Correction Quitclaim Deed, dated June 28, 2001, County Clerk File No. 2001-R0076013, all recording references to the Real Property Records of Denton, Texas. Mayor Pro Tem Kamp motioned, Council Member Mulroy seconded to continue this item to the December 11, 2009 City Council meeting. On roll vote, Mayor Burroughs "aye", Mayor Pro City of Denton City Council Minutes December 8, 2009 Page 6 Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously. B. Consider adoption of an ordinance of the City of Denton, Texas, expanding and extending the term of a right of entry and possession, dated March 3, 2009, as extended on May 5, 2009, as extended and expanded on June 23, 2009, as extended and expanded on September 1, 2009, as extended on September 15, 2009, and as extended and expanded on September 22, 2009 and as extended on November 3, 2009 (as amended and extended, the "Right of Entry") 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 purpose of performing activity as described in the Right of Entry; and providing an effective date. Mayor Pro Tem Kamp motioned, Council Member Mulroy seconded to continue this item to the December 11, 2009 City Council meeting. On roll vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 6:57 p.m. ____________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________________ JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES December 11, 2009 After determining in Open Session that a quorum was present, the City Council convened in a Closed Session on Friday, December 11, 2009 at 11:00 a.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 Mulroy, and Council Member Watts. ABSENT: Council Member Heggins 1. Closed Meeting A. 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 or 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 have a detrimental effect on the position of the City Council in negotiations with DART or 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. Following the completion of the Closed Meeting, the Council considered the following in a Special Called Open Session. ïò ÐËÞÔ×Ý ØÛßÎ×ÒÙ A. Continuation of a public hearing on the Sale of the Denton Branch Rail Trail Corridor owned by the City of Denton to the Dallas Area Rapid Transit Authority (DART) for the purposes of reactivation of a rail line between Denton and Carrollton and consideration of an ordinance granting approval for the sale and transfer of the Denton Branch Rail Trail from approximately Mile Post 721.89 to Mile Post 729.5 for the purpose of a commuter railroad in accordance with Chapter 26 of the Texas Parks and Wildlife Code; and providing an effective date. The Mayor opened the public hearing. City of Denton City Council Minutes December 11, 2009 Page 2 Mayor Pro Tem Kamp motioned, Council Member Mulroy seconded to continue the public hearing to the December 15, 2009 City Council meeting. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. îò×ÌÛÓÍ ÚÑÎ ×ÒÜ×Ê×ÜËßÔ ÝÑÒÍ×ÜÛÎßÌ×ÑÒ A. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a Contract of Sale by and between the City of Denton, Texas ("City") and the Dallas Area Rapid Transit Authority ("DART") transferring the Denton Rail Corridor, consisting of those lands described in that certain Quitclaim, dated August 9, 1993, County Clerk File No. 93-R0058485, as corrected by Correction Quitclaim Deed, dated June 1, 2001, County Clerk File No. 2001- R0057561, and as corrected by Correction to Correction Quitclaim Deed, dated June 28, 2001, County Clerk File No. 2001-R0076013, all recording references to the Real Property Records of Denton, Texas. This item was not considered. Item C was considered. Ordinance No. 2009-309 C. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute an Agreement to Extend Rail Reactivation between the City of Denton, Texas ("City") and the Dallas Area Rapid Transit Authority ("DART") extending the period of notice of repurchase, as provided by DART to the City, of lands described in that certain Quitclaim, dated August 9, 1993, County Clerk File No. 93-R0058485, as corrected by Correction Quitclaim Deed, dated June 1, 2001, County Clerk File No. 2001-R0057561, and corrected by Correction to Correction Quitclaim Deed, dated June 28, 2001, County Clerk file No. 2001- R0076013, all recording references to the Real Property Records of Denton County, Texas" Council Member Mulroy motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 209-308 B. Consider adoption of an ordinance of the City of Denton, Texas, expanding and extending the term of a right of entry and possession, dated March 3, 2009, as extended on May 5, 2009, as extended and expanded on June 23, 2009, as extended and expanded on September 1, 2009, as extended on September 15, 2009, and as extended and expanded on September 22, 2009 and as extended on November 3, 2009 (as amended and extended, the "Right of Entry") in favor of the Denton County Transportation Authority (DCTA) and authorizing DCTA to enter upon and City of Denton City Council Minutes December 11, 2009 Page 3 take possession of certain real property of the City of Denton for the purpose of performing activity as described in the Right of Entry; and providing and effective date. Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. With no further business, the meeting was adjourned. __________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ORDINANCE NO. 2010-_______ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE “TOWER/GROUND LEASE AGREEMENT” ENTERED INTO BY AND BETWEEN THE CITY OF DENTON, TEXAS AS LESSEE AND DENTON COUNTY, TEXAS, AS LESSOR; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER’S AUTHORITY TO EXPEND FUNDS AS ARE NECESSARY TO PERFORM THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas and Denton County, Texas have entered into a “Tower/Ground Lease Agreement” (hereafter the “Agreement”), which, considering the relevant circumstances provides for the needs of both parties to the Agreement; said Agreement providing the City with a 20-year tower/ground lease on County-owned real property in order to improve the City’s municipal communications, antenna and transmission lines as provided in Section 1 of the Agreement; and in Section 2 of the Agreement provides for the County to receive benefits from the City that are commensurate with the value of the leased premises; and WHEREAS, the City believes that the Agreement is in the best interests of the City; that the Agreement has been approved by the County Commissioner’s Court on December 8, 2009; and that a valid governmental purpose is served by said Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council approves, and the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Denton, Texas, the “Tower/Ground Lease Agreement,” which Agreement is attached hereto as Exhibit “A” and is incorporated by reference herein. SECTION 2. The City Manager shall have the authority to expend funds that are necessary to perform this Agreement. SECTION 3. 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: __________________________________ Page 2 of 2 ìëðù ììðù Ü»²¬±² ÛÑÝ ÎÈ ß²¬»²²¿ ìîëù ÐÜïððïé ر®·¦±²¬¿´ שּׁ»®² ïð¼Þ¼ Ù¿·² ìîëù éððñèððÓئ Ü»²¬±² ÛÑÝ Ü»²¬±² ÛÑÝ ìððù øï÷ ÌÈ ß²¬»²²¿ ìððù øï÷ ÌÈ ß²¬»²²¿ ìððù ÐÜïððïé ÐÜïððïé ïð¼Þ¼ Ù¿·² ïð¼Þ¼ Ù¿·² éððñèððÓئ éððñèððÓئ Ê»®¬·½¿´ שּׁ»®² ÙÐÍ ß²¬»²²¿ ß ÙÐÍ ß²¬»²²¿ Þ ïððù ïððù ÙÑÊÛÎÒÓÛÒÌ ú ÐËÞÔ×Ý ÍßÚÛÌÇ ÌÛÎÎ×ÌÑÎÇ ê ÐÎÑÖÛÝÌæ Ý×ÌÇ ÑÚ ÜÛÒÌÑÒ ßÒßÔÑÙ ÍÓßÎÌÒÛÌ Í×ÓËÔÝßÍÌ ÍÇÍÌÛÓ Ì×ÌÔÛæ ßÒÌÛÒÒß ÛÔÛÊßÌ×ÑÒ Ü×ßÙÎßÓ ÜÛÒÌÑÒ ÛÑÝ Í·¬» ÝÑÒÌÎßÝÌæ ÛÒÙ×ÒÛÛÎæ ÐÓæ ÍÝßÔÛæ Í×ÆÛæ Î×ÝØß Þò ÝßÎÔ ßò ÈÈÈ ÒÑÒÛ ÈÈÈ ÐÎÑÙÎßÓæ ÜÎßÉÒæ ÝØÛÝÕÛÜæ ÍØÛÛÌæ ÎÛÊæ ï ÑÚ ï ÈÈÈ Ú×ÔÛ ÒßÓÛæ ÜßÌÛæ ÝÑÜÛ ×ÜÛÒÌæ ÜÎßÉ×ÒÙ ÒÑæ ïïñîìñðç ÈÈÈ ÈÈÈ ÈÈÈ ñå õ÷î÷êûèíê çèóðóèã ÷ûé÷ï÷îè DRAFT MINUTES PUBLIC UTILITIES BOARD December 14, 2009 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board thereafter convened into an Open meeting on Monday, December 14, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Ю»»²¬æ Chair Dick Smith, Bill Cheek, Phil Gallivan, John Baines, Randy Robinson, Bill Grubbs and Barbara Russell Ex Officio: George C. Campbell, City Manager Howard Martin, ACM Utilities ÑÐÛÒ ÓÛÛÌ×ÒÙæ 7)Consider recommending adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to enter into a Tower/Ground Lease Agreement with Denton County, Texas for a 20-year lease for the placement of the City of Denton’s second Smartnet Radio System equipment on the Denton County EOC tower located on Teasley Lane in Denton, Texas. Manager Williams presented this item stating that in order to improve overall radio coverage for the City a second radio site was approved by the City Council in October 2009. In order to save the City of Denton the expenditure of constructing a radio tower for placement of the new equipment staff, specifically Harry Hettinger, worked with the Denton County EOC team, and in the spirit of cooperation, negotiated the use of the Denton County EOC tower for the placement of our Motorola second site equipment. In exchange for 20 years of tower usage, the City of Denton has agreed to provide and install a 12 ft. x 10 ft. radio equipment shelter for a Denton County future project. The City of Denton has also agreed to have an electrician wire that building to the Denton County EOC’s existing electrical service and transfer switch. The shelter installation was provided by Motorola at no charge to the City of Denton, in the $2,615,550.00 Motorola radio equipment purchase for the second radio site addition on October 6, 2009. The required electrical connections are incorporated in the cost of the second site addition. Board Member Gallivan asked if the location of the tower is at Old Alton Road and Teasley Lane. Williams replied that was correct. Board Member Cheek asked how charges for use of the tower would be made. ACM Fortune stated charges would be made through the General Fund. Þ±¿®¼ Ó»³¾»® ݸ»»µ ³±ª»¼ ¬± ¿°°®±ª» ׬»³ é ©·¬¸ ¿ »½±²¼ º®±³ Þ±¿®¼ Ó»³¾»® Ö±¸² Þ¿·²»ò ̸» ³±¬·±² ©¿ ¿°°®±ª»¼ ¾§ ¿ éó𠪱¬»ò The meeting was adjourned by consensus at 11:23 a.m. AGENDA INFORMATION SHEET AGENDA DATE: January 12, 2010 DEPARTMENT: Parks and Recreation Department ACM: Fred Greene ____________________________________________________________________________ SUBJECT Hold a public hearing and consider adoption of an Ordinance granting approval of an electric easement for a subsurface use of a portion of the Denton Branch Rail Trail approximately 260 feet north of Old Mayhill Road at Mile Post 725.1 in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of an electric easement and providing an effective date. (The Parks, Recreation and Beautification Board recommended approval with a vote of 7-0.) BACKGROUND Denton Municipal Electric has requested the use of park land for the purpose stated, in order to provide a new subsurface electric service. The subsurface electric line will enhance the electric grid for the City of Denton. State law as defined in Chapter 26, ìÊÍÈ×ÙÈÓÍÎ ÍÖ ìÇÚÐÓÙ ìÛÊÑÉ ÛÎØ ê×ÙÊ×ÛÈÓÍÎÛÐ ðÛÎØÉ of the Texas Parks and Wildlife Code requires that: Û Û ÏÇÎÓÙÓÌÛÐÓÈà ÍÖ ÈÔÓÉ ÉÈÛÈ× ÏÛà ÎÍÈ ÛÌÌÊÍÆ× ÛÎà ÌÊÍÕÊÛÏ ÍÊ ÌÊÍÒ×ÙÈ ÈÔÛÈ Ê×ËÇÓÊ×É ÈÔ× ÇÉ× ÍÊ ÈÛÑÓÎÕ ÍÖ ÛÎà ÌÇÚÐÓÙ ÐÛÎØ Ø×ÉÓÕÎÛÈ×Ø ÛÎØ ÇÉ×Ø ÌÊÓÍÊ ÈÍ ÈÔ× ÛÊÊÛÎÕ×Ï×ÎÈ ÍÖ ÈÔ× ÌÊÍÕÊÛÏ ÍÊ ÌÊÍÒ×ÙÈ ÛÉ Û ÌÛÊÑ ÇÎÐ×ÉÉ ÈÔ× ÏÇÎÓÙÓÌÛÐÓÈà ÛÙÈÓÎÕ ÈÔÊÍÇÕÔ ÓÈÉ ØÇÐà ÛÇÈÔÍÊÓÂ×Ø ÕÍÆ×ÊÎÓÎÕ ÚÍØà ÍÊ ÍÖÖÓÙ×Ê Ø×È×ÊÏÓÎ×É ÈÔÛÈ ÈÔ×Ê× ÓÉ ÎÍ Ö×ÛÉÓÚÐ× ÛÎØ ÌÊÇØ×ÎÈ ÛÐÈ×ÊÎÛÈÓÆ× ÈÍ ÈÔ× ÇÉ× ÍÊ ÈÛÑÓÎÕ ÍÖ ÉÇÙÔ ÐÛÎØ ÛÎØ ÈÔ× ÌÊÍÕÊÛÏ ÍÊ ÌÊÍÒ×ÙÈ ÓÎÙÐÇØ×É ÛÐÐ Ê×ÛÉÍÎÛÚÐ× ÌÐÛÎÎÓÎÕ ÈÍ ÏÓÎÓÏÓÂ× ÔÛÊÏ ÈÍ ÈÔ× ÐÛÎØ ÛÉ Û ÌÛÊÑ Ê×ÉÇÐÈÓÎÕ ÖÊÍÏ ÈÔ× ÇÉ× ÍÊ ÈÛÑÓÎÕ Ú û ÖÓÎØÓÎÕ ÏÛà Ú× ÏÛØ× ÍÎÐà ÛÖÈ×Ê ÎÍÈÓÙ× ÛÎØ Û Ô×ÛÊÓÎÕ ÛÉ Ê×ËÇÓÊ×Ø Úà ÈÔÓÉ ÙÔÛÌÈ×Ê If the subsurface electric line crossing license is allowed, a value must be placed on the 100 linear foot section and charged to the Denton Municipal Electric. In addition, land disturbed in the park will be returned to its original condition. Parks and Recreation Department and the City of Denton Electric Engineering staff have reviewed all possible alternatives. These alternatives included: Select another route through the city of Denton that would cross the trail in the Mayhill Street easement crossing, thus not creating another crossing location. Provide subsurface crossing of the Denton Branch Rail Trail at the proposed location by an easement agreement with conditions to meet all American Railway Engineering and Maintenance of Way standards to align directly with a utility customer. Select another service location that will not cross the trail. OPTIONS After looking at the options, it appears prudent to pursue an easement agreement with Denton Municipal Electric that uses the most reasonable and efficient route which is to permit an underground crossing that directly aligns with a utility customer. RECOMMENDATION After reviewing all alternatives, staff recommends an easement agreement with specific conditions for a subsurface electric line crossing to be authorized on the Denton Branch Rail Trail to meet all American Railway Engineering and Maintenance of Way standards. The Parks and Recreation Department confirms that the City of Denton has investigated all other alternatives and has used prudent and reasonable planning to minimize harm to the land. ESTIMATED SCHEDULE OF PROJECT Construction is projected to begin in spring 2010. PRIOR ACTION/REVIEW The Parks, Recreation and Beautification Board recommended approval with a vote of 7-0 on December 7, 2009. The Public Utility Board has reviewed and approved the proposed electric lines master plan on July 13, 2009. FISCAL INFORMATION Compensation related to this use is still under discussion with Denton Municipal Electric. It is reasonable to expect that improvements directly related to programs and/or facilities on the Denton Branch Rail Trail will be provided if approved. EXHIBITS 1.Ordinance 2.Exhibit A: Map 3.December 7, 2009 Park Recreation and Beautification Board Minutes Respectfully Submitted: Emerson Vorel, Director Parks and Recreation Department Prepared by: Bob Tickner, Superintendent Parks and Recreation Department Û¨¸·¾·¬ ß Ü»²¬±² Þ®¿²½¸ ο·´ Ì®¿·´ Ю±°±»¼ Û´»½¬®·½ Ý®±·²¹ ¿¬ Ó·´» б¬ éîëòï Ò±®¬¸ ±º Ñ´¼ Ó¿§¸·´´ Ю±°±»¼ Û´»½¬®·½ Û¿»³»²¬ô ÓÐ éîëòï ݱ´±®¿¼± Þ´ª¼ q Ú´±©»® Þ¿µ»®§ Ò±®¬¸ Ì»¨¿ ر°·¬¿´ 1 DRAFT Parks, Recreation and Beautification Board 2 Minutes 3 4 December 7, 2009 5 Civic Center Conference Room 6 7 Members present : Carol Brantley, Vicki Byrd, Allyson Coe, Derrick Murray, Janet Shelton, Mike 8 Simmons, Jennifer Wages 9 Members absent: None 10 Staff present: Emerson Vorel, Bob Tickner, Mary Aukerman, Amanda Green 11 Additional Staff present: Tom Klimko, Aquatics Department 12 13 Allyson Coe called the meeting to order at 6:04 p.m. 14 15 AWARDS AND RECOGNITIONS: Emerson Vorel introduced Tom Klimko, Aquatics Maintenance 16 Supervisor, to the Board and announced that he was elected President of the North Texas Aquatics 17 Association. 18 19 APPROVAL OF MINUTES OF October 5, 2009 MEETING: Allyson Coe asked for changes to last 20 Mike Simmons made a motion that the minutes be approved as written, 21 Janet Shelton seconded the motion and the minutes were approved with a vote of 7-0. 22 23 ACTION ITEMS: 24 Chapter 26: Denton Municipal Electric Subsurface Easement - North of Mayhill Road at Mile Post a) 25 725.1 Bob said that these two Chapter 26 items were pulled from the City Council agenda because the 26 description was incorrect and he was bringing them to the Park Board for their consideration. The Parks 27 and Recreation Department and the City of Denton Electric Engineering staff were diligent in reviewing 28 all possible alternatives and found this route to be the most desirable. They have used prudent and 29 reasonable planning to minimize harm to the land, which will be returned to its original condition upon 30 completion of the project. 31 32 MOTION: There being no further discussion, Jennifer Wages made the motion to recommend the 33 subsurface easement to City Council as presented; Janet Shelton seconded the motion and the easement 34 passed with a vote of 7-0. 35 36 Chapter 26: Denton Municipal Electric Overhead easement North of Pockrus Page Road at b) 37 Mile Post 725.58 - This Chapter 26 item is for an overhead easement for power lines. A concern was 38 raised regarding residents in the area being affected by the power lines. According to the map of the 39 area, there is minimal commercial development in the area and no residences. The Parks and Recreation 40 Department and the City of Denton Electric Engineering staff have exercised diligent in reviewing all 41 possible alternatives and found this route to the most desirable. They have used prudent and reasonable 42 planning to minimize harm to the land. 43 44 MOTION: There being no further discussion, Mike Simmons made the motion to recommend the 45 overhead easement to City Council as presented; Janet Shelton seconded the motion and the easement 46 passed with a vote of 7-0. 47 48 c) North Lakes Adult Soccer Conceptual Plan Philip Neeley and Elizabeth McIlrath of Jacobs 49 presented a conceptual plan of the new adult soccer fields, concession/restroom area and parking lots 1 in the agricultural area north of North Lakes Park. They also showed the need for a road to extend 2 from Windsor through this area and connecting to US77. Emerson Vorel told that Board that we have 3 $1.2 million to spend on the project from the 2005-09 Bond Program. When asked how much the 4 presented layout would cost to complete, Philip Neeley estimated about $5 million. It was difficult 5 for the Board to discern exactly what would be developed for the $1.2 million, even though Philip 6 explained that with the first phase, there would be restrooms and parking to accommodate the needs 7 of the players and their families for the number of soccer fields the available funds would allow. 8 Emerson Vorel was asked if we would get more funding for the complex during the next Bond 9 Election and when would it would be. Emerson Vorel indicated that we may get additional funds, but 10 After some deliberation, it 11 was the Boardto have Jacobs come back to the January 2010 meeting with plans 12 showing the different phases with the cost for each phase, which Jacobs agreed to do. 13 14 Emerson Vorel explained that the Citizen Survey done last year indicated that more soccer fields was a 15 very high priority on the list. He also said that at the Public Meeting at North Lakes on Monday, 16 November 30, 2009, this same conceptual plan was presented and that he and Allyson Coe are now 17 receiving emails with citizen concerns. 18 19 At this time Allyson Coe introduced Mr. Tom Judd, a citizen asking to speak on this agenda item. 20 Mr. Judd, an avid birdwatcher and photographer, passed out a list of all the birds that he has observed 21 in the area adjacent to the proposed fields; there are 116 species on his list. He was concerned that 22 the removal of the tree line that runs through the area to be developed will greatly diminish not only 23 the birds, but other wildlife in that area. Although some feel that the tree line is composed of trees 24 that have a limited lifetime, Mr. Judd stated that they do offer cover and habitat for birds wintering 25 here or just passing through in their migration, along with indigenous species. Mr. Judd also stated 26 his concern that the increased activity and lighting will cause all the wildlife to seek shelter 27 elsewhere. The Board thanked Mr. Judd for his comments and he departed. 28 29 d) Appoint Committee to Review Park Naming Request An application has been received asking for 30 United States Army Specialist Ernest W. Dallas, Jr., who the naming of a ball field or park after 31 lost his life in Iraq on July 24, 2005. Allyson Coe asked for volunteers to form a committee to 32 review the request and make recommendation to the entire Board. Because of the hectic time of 33 year, it was agreed that the committee would not meet until sometime in January. Mike 34 Simmons, Janet Shelton and Carol Brantley volunteered to serve on the committee. 35 36 Emerson Vorel mentioned that another inquiry had been made regarding a fallen soldier but no formal 37 request has been received. He said that the Parks Department is exploring ways to commemorate fallen 38 soldiers that can be ongoing, such as a memorial plaque at I.O.O.F. Cemetery. 39 40 PARKS PROJECT STATUS REPORT 41 Briercliff Park Design and Development Project This project is ready for development. The 42 contractor is obtaining clearing and grading permits. 43 44 Neighborhood Park Design: Preserve at Pecan Creek, Owsley Park and Wheeler Ridge A public th 45 meeting will be held at the Pecan Creek Elementary School on December 15 for Preserve at Pecan Creek 46 Park. Owsley Park conceptual drawings will be presented to the Parks Department this week for the half- 47 acre park. 48 49 North Lakes Park Goldfield Tennis Center The Board asked for more details on why this project is 50 on hold. Emerson Vorel explained that the contractor that resurfaces our courts said that the courts cannot 51 be resurfaced anymore, so the Parks Department is looking for more cost effective ways to use the money 1 that was budgeted for this project. One option may be to move the entire tennis complex to the site where 2 the old YMCA was; the building now houses KDB. 3 4 Senior Center Renovation and Expansion Project The Senior Center project is almost complete. The 5 Board suggested that the January meeting take place at the Senior Center so they can view the completed 6 project. 7 8 Unicorn Lake Trail and Landscape Project .The water line is being finished at this project. 9 10 KEEP DENTON BEAUTIFUL UPDATE 11 No comments were made regarding the update. 12 13 PUBLIC ART COMMITTEE MEETING MINUTES 14 As a reminder, the dedication for the O, Be Joyful statue, donated by the Denton Festival Foundation, will th 15 be held in the garden area at Quakertown Park on Tuesday, December 8 at 3:00 p.m. 16 17 At this time, Allyson Coe announced that the Board would go into Closed Session for the remainder of the 18 meeting to discuss the valuation and possible sale of park real property. During the closed session, Emerson 19 Vorel informed the Board about an ongoing situation and some of the possible outcomes. 20 21 Upon completion of the discussion in Closed Session, Allyson Coe announced that the meeting was once 22 again open to the public. 23 24 With no further business on the agenda, Allyson Coe asked for a motion to adjourn. Janet Shelton made the 25 motion to adjourn, Carol Brantley seconded the motion and the meeting was adjourned at 7:49 p.m. éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: January 12, 2010 DEPARTMENT: Parks and Recreation Department ACM: Fred Greene ____________________________________________________________________________ SUBJECT Hold a public hearing and consider adoption of an Ordinance granting approval of an electric easement for a overhead use of a portion of the Denton Branch Rail Trail approximately 600 feet north of Pockrus Page Road at Mile Post 725.58 in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of an electric easement and providing an effective date. (The Parks, Recreation and Beautification Board recommended approval with a vote of 7-0.) BACKGROUND Denton Municipal Electric has requested the use of park land for the purpose stated, in order to provide a new subsurface electric service. The overhead electric line will enhance the electric grid for the City of Denton. State law as defined in Chapter 26, ìÊÍÈ×ÙÈÓÍÎ ÍÖ ìÇÚÐÓÙ ìÛÊÑÉ ÛÎØ ê×ÙÊ×ÛÈÓÍÎÛÐ ðÛÎØÉ of the Texas Parks and Wildlife Code requires that: Û Û ÏÇÎÓÙÓÌÛÐÓÈà ÍÖ ÈÔÓÉ ÉÈÛÈ× ÏÛà ÎÍÈ ÛÌÌÊÍÆ× ÛÎà ÌÊÍÕÊÛÏ ÍÊ ÌÊÍÒ×ÙÈ ÈÔÛÈ Ê×ËÇÓÊ×É ÈÔ× ÇÉ× ÍÊ ÈÛÑÓÎÕ ÍÖ ÛÎà ÌÇÚÐÓÙ ÐÛÎØ Ø×ÉÓÕÎÛÈ×Ø ÛÎØ ÇÉ×Ø ÌÊÓÍÊ ÈÍ ÈÔ× ÛÊÊÛÎÕ×Ï×ÎÈ ÍÖ ÈÔ× ÌÊÍÕÊÛÏ ÍÊ ÌÊÍÒ×ÙÈ ÛÉ Û ÌÛÊÑ ÇÎÐ×ÉÉ ÈÔ× ÏÇÎÓÙÓÌÛÐÓÈà ÛÙÈÓÎÕ ÈÔÊÍÇÕÔ ÓÈÉ ØÇÐà ÛÇÈÔÍÊÓÂ×Ø ÕÍÆ×ÊÎÓÎÕ ÚÍØà ÍÊ ÍÖÖÓÙ×Ê Ø×È×ÊÏÓÎ×É ÈÔÛÈ ÈÔ×Ê× ÓÉ ÎÍ Ö×ÛÉÓÚÐ× ÛÎØ ÌÊÇØ×ÎÈ ÛÐÈ×ÊÎÛÈÓÆ× ÈÍ ÈÔ× ÇÉ× ÍÊ ÈÛÑÓÎÕ ÍÖ ÉÇÙÔ ÐÛÎØ ÛÎØ ÈÔ× ÌÊÍÕÊÛÏ ÍÊ ÌÊÍÒ×ÙÈ ÓÎÙÐÇØ×É ÛÐÐ Ê×ÛÉÍÎÛÚÐ× ÌÐÛÎÎÓÎÕ ÈÍ ÏÓÎÓÏÓÂ× ÔÛÊÏ ÈÍ ÈÔ× ÐÛÎØ ÛÉ Û ÌÛÊÑ Ê×ÉÇÐÈÓÎÕ ÖÊÍÏ ÈÔ× ÇÉ× ÍÊ ÈÛÑÓÎÕ Ú û ÖÓÎØÓÎÕ ÏÛà Ú× ÏÛØ× ÍÎÐà ÛÖÈ×Ê ÎÍÈÓÙ× ÛÎØ Û Ô×ÛÊÓÎÕ ÛÉ Ê×ËÇÓÊ×Ø Úà ÈÔÓÉ ÙÔÛÌÈ×Ê If the overhead electric line crossing license is allowed, a value must be placed on the 100 linear foot section, 70 feet wide and charged to the Denton Municipal Electric. In addition, land disturbed in the park will be returned to its original condition. Parks and Recreation Department and the City of Denton Electric Engineering staff have reviewed all possible alternatives. These alternatives included: Select another route through the city of Denton that would cross the trail in the Pockrus Page Street easement crossing, thus not creating another crossing location. Provide an overhead high voltage crossing of the Denton Branch Rail Trail at the proposed location by an easement agreement with conditions to meet all American Railway Engineering and Maintenance of Way standards to align directly with an adjacent DME substation. Select another service location that will not cross the trail. OPTIONS After review of the options, it appears prudent to pursue an easement agreement with Denton Municipal Electric the uses the most reasonable and efficient route which is to permit an overhead high voltage electric line crossing that directly aligns with an adjacent DME substation. RECOMMENDATION After reviewing all alternatives, staff recommends an easement agreement with specific conditions for an overhead high voltage electric line crossing to be authorized on the Denton Branch Rail Trail to meet all American Railway Engineering and Maintenance of Way standards. The Parks and Recreation Department confirms that the City of Denton has investigated all other alternatives and has used prudent and reasonable planning to minimize harm to the land. ESTIMATED SCHEDULE OF PROJECT Construction is projected to begin in 2012. PRIOR ACTION/REVIEW The Parks, Recreation and Beautification Board recommended approval with a vote of 7-0 on December 7, 2009. The Public Utility Board has reviewed and approved the proposed electric lines master plan on July 13, 2009. FISCAL INFORMATION Compensation related to this use is still under discussion with Denton Municipal Electric. It is reasonable to expect that improvements directly related to programs and/or facilities on the Denton Branch Rail Trail will be provided if approved. EXHIBITS 1.Ordinance 2.Exhibit A: Map 3.December 7, 2009 Parks, Recreation and Beautification Meeting Minutes Respectfully Submitted: Emerson Vorel, Director Parks and Recreation Department Prepared by: Bob Tickner, Superintendent Parks and Recreation Department Û¨¸·¾·¬ ß Ü»²¬±² Þ®¿²½¸ ο·´ Ì®¿·´ Ю±°±»¼ Û´»½¬®·½ Ý®±·²¹ ¿¬ Ó·´» б¬ éîëòëè Ò±®¬¸ ±º б½µ®« п¹» μ Ú´±©»® Þ¿µ»®§ Ò±®¬¸ Ì»¨¿ ر°·¬¿´ Ю±°±»¼ Ѫ»®¸»¿¼ Û´»½¬®·½ Û¿»³»²¬ ÓÐ éîëòëè Ê·´´¿¹» ±º Ý¿®³»´ б½µ®« п¹» α¿¼ q y xz ×óíëÛ 1 DRAFT Parks, Recreation and Beautification Board 2 Minutes 3 4 December 7, 2009 5 Civic Center Conference Room 6 7 Members present : Carol Brantley, Vicki Byrd, Allyson Coe, Derrick Murray, Janet Shelton, Mike 8 Simmons, Jennifer Wages 9 Members absent: None 10 Staff present: Emerson Vorel, Bob Tickner, Mary Aukerman, Amanda Green 11 Additional Staff present: Tom Klimko, Aquatics Department 12 13 Allyson Coe called the meeting to order at 6:04 p.m. 14 15 AWARDS AND RECOGNITIONS: Emerson Vorel introduced Tom Klimko, Aquatics Maintenance 16 Supervisor, to the Board and announced that he was elected President of the North Texas Aquatics 17 Association. 18 19 APPROVAL OF MINUTES OF October 5, 2009 MEETING: Allyson Coe asked for changes to last 20 Mike Simmons made a motion that the minutes be approved as written, 21 Janet Shelton seconded the motion and the minutes were approved with a vote of 7-0. 22 23 ACTION ITEMS: 24 Chapter 26: Denton Municipal Electric Subsurface Easement - North of Mayhill Road at Mile Post a) 25 725.1 Bob said that these two Chapter 26 items were pulled from the City Council agenda because the 26 description was incorrect and he was bringing them to the Park Board for their consideration. The Parks 27 and Recreation Department and the City of Denton Electric Engineering staff were diligent in reviewing 28 all possible alternatives and found this route to be the most desirable. They have used prudent and 29 reasonable planning to minimize harm to the land, which will be returned to its original condition upon 30 completion of the project. 31 32 MOTION: There being no further discussion, Jennifer Wages made the motion to recommend the 33 subsurface easement to City Council as presented; Janet Shelton seconded the motion and the easement 34 passed with a vote of 7-0. 35 36 Chapter 26: Denton Municipal Electric Overhead easement North of Pockrus Page Road at b) 37 Mile Post 725.58 - This Chapter 26 item is for an overhead easement for power lines. A concern was 38 raised regarding residents in the area being affected by the power lines. According to the map of the 39 area, there is minimal commercial development in the area and no residences. The Parks and Recreation 40 Department and the City of Denton Electric Engineering staff have exercised diligent in reviewing all 41 possible alternatives and found this route to the most desirable. They have used prudent and reasonable 42 planning to minimize harm to the land. 43 44 MOTION: There being no further discussion, Mike Simmons made the motion to recommend the 45 overhead easement to City Council as presented; Janet Shelton seconded the motion and the easement 46 passed with a vote of 7-0. 47 48 c) North Lakes Adult Soccer Conceptual Plan Philip Neeley and Elizabeth McIlrath of Jacobs 49 presented a conceptual plan of the new adult soccer fields, concession/restroom area and parking lots 1 in the agricultural area north of North Lakes Park. They also showed the need for a road to extend 2 from Windsor through this area and connecting to US77. Emerson Vorel told that Board that we have 3 $1.2 million to spend on the project from the 2005-09 Bond Program. When asked how much the 4 presented layout would cost to complete, Philip Neeley estimated about $5 million. It was difficult 5 for the Board to discern exactly what would be developed for the $1.2 million, even though Philip 6 explained that with the first phase, there would be restrooms and parking to accommodate the needs 7 of the players and their families for the number of soccer fields the available funds would allow. 8 Emerson Vorel was asked if we would get more funding for the complex during the next Bond 9 Election and when would it would be. Emerson Vorel indicated that we may get additional funds, but 10 After some deliberation, it 11 was the Boardto have Jacobs come back to the January 2010 meeting with plans 12 showing the different phases with the cost for each phase, which Jacobs agreed to do. 13 14 Emerson Vorel explained that the Citizen Survey done last year indicated that more soccer fields was a 15 very high priority on the list. He also said that at the Public Meeting at North Lakes on Monday, 16 November 30, 2009, this same conceptual plan was presented and that he and Allyson Coe are now 17 receiving emails with citizen concerns. 18 19 At this time Allyson Coe introduced Mr. Tom Judd, a citizen asking to speak on this agenda item. 20 Mr. Judd, an avid birdwatcher and photographer, passed out a list of all the birds that he has observed 21 in the area adjacent to the proposed fields; there are 116 species on his list. He was concerned that 22 the removal of the tree line that runs through the area to be developed will greatly diminish not only 23 the birds, but other wildlife in that area. Although some feel that the tree line is composed of trees 24 that have a limited lifetime, Mr. Judd stated that they do offer cover and habitat for birds wintering 25 here or just passing through in their migration, along with indigenous species. Mr. Judd also stated 26 his concern that the increased activity and lighting will cause all the wildlife to seek shelter 27 elsewhere. The Board thanked Mr. Judd for his comments and he departed. 28 29 d) Appoint Committee to Review Park Naming Request An application has been received asking for 30 United States Army Specialist Ernest W. Dallas, Jr., who the naming of a ball field or park after 31 lost his life in Iraq on July 24, 2005. Allyson Coe asked for volunteers to form a committee to 32 review the request and make recommendation to the entire Board. Because of the hectic time of 33 year, it was agreed that the committee would not meet until sometime in January. Mike 34 Simmons, Janet Shelton and Carol Brantley volunteered to serve on the committee. 35 36 Emerson Vorel mentioned that another inquiry had been made regarding a fallen soldier but no formal 37 request has been received. He said that the Parks Department is exploring ways to commemorate fallen 38 soldiers that can be ongoing, such as a memorial plaque at I.O.O.F. Cemetery. 39 40 PARKS PROJECT STATUS REPORT 41 Briercliff Park Design and Development Project This project is ready for development. The 42 contractor is obtaining clearing and grading permits. 43 44 Neighborhood Park Design: Preserve at Pecan Creek, Owsley Park and Wheeler Ridge A public th 45 meeting will be held at the Pecan Creek Elementary School on December 15 for Preserve at Pecan Creek 46 Park. Owsley Park conceptual drawings will be presented to the Parks Department this week for the half- 47 acre park. 48 49 North Lakes Park Goldfield Tennis Center The Board asked for more details on why this project is 50 on hold. Emerson Vorel explained that the contractor that resurfaces our courts said that the courts cannot 51 be resurfaced anymore, so the Parks Department is looking for more cost effective ways to use the money 1 that was budgeted for this project. One option may be to move the entire tennis complex to the site where 2 the old YMCA was; the building now houses KDB. 3 4 Senior Center Renovation and Expansion Project The Senior Center project is almost complete. The 5 Board suggested that the January meeting take place at the Senior Center so they can view the completed 6 project. 7 8 Unicorn Lake Trail and Landscape Project .The water line is being finished at this project. 9 10 KEEP DENTON BEAUTIFUL UPDATE 11 No comments were made regarding the update. 12 13 PUBLIC ART COMMITTEE MEETING MINUTES 14 As a reminder, the dedication for the O, Be Joyful statue, donated by the Denton Festival Foundation, will th 15 be held in the garden area at Quakertown Park on Tuesday, December 8 at 3:00 p.m. 16 17 At this time, Allyson Coe announced that the Board would go into Closed Session for the remainder of the 18 meeting to discuss the valuation and possible sale of park real property. During the closed session, Emerson 19 Vorel informed the Board about an ongoing situation and some of the possible outcomes. 20 21 Upon completion of the discussion in Closed Session, Allyson Coe announced that the meeting was once 22 again open to the public. 23 24 With no further business on the agenda, Allyson Coe asked for a motion to adjourn. Janet Shelton made the 25 motion to adjourn, Carol Brantley seconded the motion and the meeting was adjourned at 7:49 p.m. éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: January 12, 2010 DEPARTMENT: Planning and Development ACM: Fred Greene, 349-8354 ______________________________________________________________________________ SUBJECT SD09-0001 (First United Methodist Church) Hold a public hearing and consider an ordinance of the City of Denton, Texas, approving a Special Sign District Plan on approximately 4.17 acres, generally located at 201 S. Locust Street and platted as Lot 1R, Block 23, Old Town Denton Addition, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability and establishing an effective date (SD09-0001). The Planning and Zoning Commission recommends approval of this request (7-0). BACKGROUND The applicant is proposing the creation of a Special Sign District to enable the church to display the Denton Development Code (DDC), are allowed a maximum of three (3) times per year for a period of thirty (30) days per permit. The applicant is proposing to hang banner signs on the main building as shown in Exhibit 6, and hang banner signs in the parking lot on the light posts. In addition to the requested banner signs, the applicant is proposing to include a wall sign at the east entrance of the building on the porte cochere, next to the parking lot; a wall sign on the South Locust Street building entrance; and a banner sign located at the Sycamore Street building entrance. In addition to the signs noted above, the applicant has included a long range plan for future signs 6). These proposed signs include a wall sign located at the corner of Locust Street and Mulberry Street, and an LED monument sign along Locust Street which would replace the sign currently in place at that location. Public notification information is provided in Exhibit 4. The Planning Department sent out twenty-three (23) notices of the Planning and Zoning Commission public hearing to property owners within 200 feet. As of this writing, staff has received one (1) property owner response which is neutral to the creation of the proposed sign district. OPTIONS 1.Approve as submitted. 2.Approval subject to conditions. 3.Deny 4.Postpone consideration. 5.Table item. RECOMMENDATION approval The Planning and Zoning Commission recommends of the Special Sign District as proposed in Exhibit 6 with the following conditions: 1.The minimum interval between message changes on the LED sign shall be twenty (20) seconds; and 2.Consideration will be given to the intensity of the light emitted by the LED portion of the sign such that it does not interfere with the vision of a driver on an adjacent street. EXHIBITS 1.Staff Analysis 2.Location Map 3.Zoning Map 4.Public Notification Information 5.Letter From Applicant 6.Proposed Special Sign District 7.P&Z Minutes 8.Ordinance Prepared by: Cindy Jackson, AICP Planning Supervisor Respectfully submitted: Mark Cunningham, AICP Planning and Development Director EXHIBIT 1 PLANNING DEPARTMENT STAFF ANALYSIS CASE NODATE TO BE CONSIDERED: : SD09-0001 January 12, 2009 LOCATION : The property is located at 201 S. Locust Street, at the northeast corner of S. Locust Street and Sycamore Street. APPLICANT/OWNER : First United Methodist Church Denton 201 S. Locust Street Denton, TX 76201 REQUEST: Creation of a Special Sign District for the First United Methodist Church. STAFF RECOMMENDATION:approval The DRC recommends of the proposed Special Sign District as presented in Exhibit 6. ZONING DISTRICT: The subject site is located within a Downtown Commercial General (DC-G) zoning district. The purpose of the DC-G district is to encourage mixed use developments within specified commercial areas of the district. The district is meant to be pedestrian oriented. COMPREHENSIVE PLAN DESIGNATION: Downtown University Core is described in the Denton Plan as the following: district should be places of great vitality, with a mix of educational, residential, retail, office, service, government, cultural, and entertainment development. The health and vitality of the area can contribute in a major way to the city, its local and regional image, and quality of life. It is a place where residents can live, work, learn, and play in the same neighborhood. It includes different uses which may occur on each floor of the SITE AND SURROUNDINGS: The property is currently developed with a church. North: Downtown Commercial General (DC-G) undeveloped lot, parking lot, and Townhomes at Pecan Creek. South: Downtown Commercial General (DC-G) Florist shop and single family residential homes. East: Downtown Commercial General (DC-G) Charter Cable office and mini-storage warehouses. West: Downtown Commercial General (DC-G) Wells Fargo Motor Bank and parking lot. ANALYSIS: Development Code: The applicant is proposing the creation of a Special Sign District. Subchapter 35.15.18.4 of the DDC sets forth specific criteria for the approval of a Special Sign District. Criteria for Approval. The goals and objectives which must be met are the following: The Council may approve the creation of a sign district for any property which has more than three hundred (300) feet of continuous street frontage on one (1) public street if it finds the district: Provides a comprehensive plan for signs that would be 1. clearly superior to what would be allowed without the plan. The subject site is located in the both in Central Business District and is designated as Downtown University Core. It is also in close proximity to the Courthouse Square. This area is a pedestrian oriented district, and has a certain vitality which encourages the pedestrian to explore the area. The proposed banners would contribute to this type of atmosphere. Would be compatible with surrounding properties. In 2. considering whether a district and sign plan is Council shall consider, but are not limited to considering the following: Scale. The relationship between and compatibility a. of sign scale, site scale and the scale of nearby buildings. The proposed banner signs have been used on the church in the past and have been very complimentary to the site. There is an illuminated monument sign located on the site now, and the proposed LED sign would replace this monument sign, rather than increase the number of signs on the site. Illumination. The impact and compatibility of b. sign illumination within the district and in relation to neighboring properties. The avoidance of glare and light pollution. The applicant is not proposing to add any more exterior lighting to the site than is currently being utilized. Integration. How the signs in the district are c. integrated into a unified development concept with the topography, building design, other signs, landscaping, traffic circulation and other development features on the district and nearby property. The proposed wall signs complement and are compatible with each other and the church. The LED sign will replace the existing illuminated monument sign and will be not be intrusive to either the site or the neighborhood. The banner signs have been previously used on a limited basis and enliven the exterior of the church. d. Is not being used to avoid or gain a variance of the sign regulations. exceptions to the sign regulations: i. Maximum height and area of a ground sign within the Central Business District (CBD); the maximum height of a ground sign in the CBD is six (6) feet and the maximum area is sixty (60) feet. The proposed height of the LED monument sign is 6.7 feet and the area is 60.6 feet. ii. Wind device banner signs are allowed for a maximum of 30 day per permit with a maximum of three (3) permits allowed per calendar year. The applicant is proposing to use wind device banner signs year round. e. Does not violate the spirit or intent of the sign regulations. The spirit and intent of the sign regulations is to regulate signs according to type, number, size, the ordinance, as noted on the ordinance at the time the City of Denton finds that the use of signs and other outdoor advertising devices and structures, if unregulated, can, because of their number, placement, and characteristics, adversely affect property values; aesthetically damage the overall environment; create an unfavorable business climate which hampers attempts to attract and retain desirable commercial and business enterprises; and foster conditions that lessen the enjoyment and desirability of the City of Denton as a place in which to visit, live and The proposed Special Sign District will regulate signs according to number, size, and height. It does not conflict with the spirit of the sign ordinance. f. Complies with the requirements of the ordinance for a special sign district. All submittal requirements of the Special Sign District have been met. This section of the ordinance allows the Planning and Zoning Commission to recommend and the City Council to impose appropriate conditions concerning the placement, design or use of signs in the district in order to protect surrounding properties, the community, and comply with the intent of the sign ordinance. DEPARTMENT AND AGENCY REVIEW: The Development Review Committee has reviewed this application, and recommends approval of the proposed Special Sign District. EXHIBIT 2 LOCATION MAP IF T 1 II T I I1 I n -ll f I J I - I J I I I I ~I J I. lil - d~ EXHIBIT 3 ZONING MAP - - - 11 `rl _I FF UI II- I I.~ ill =1 I I !4i SUBJEC I I - ,II I L I T SITE L !11 I_1 EXHIBIT 4 NOTIFICATION INFORMATION :r f RSnmi&oy1'1crC+a'.-16 PECAN 31T-. 4-I 500 ft '9 = t ~ry C"' neJ F rcpeity - .44 Ac. ~u I1!F:F;i;P T .ll LJ L 200 ft STFG' G d L J B17PRY i SITE T T PPAIPtE TN HI-'HI AND EL w Legend FUMC Sign District SD09-0001 ~ NOTICE OF PUB_LIC HEARING SD09-0001 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, December 9, 2009, to consider making a recommendation to City Council regarding the creation of a Special Sign District for the First United Methodist Church. The approximately 4.17 acre is lōcated at 201 S. Locust Street in the Downtown Commercia{ General (OC-G) zoning district. The purpōse of the Special Sign District is to allow the signage for a development to deviate from the requirements of Subchapter 15 of the Denton Development Code relating to the use of banner signs. The public hearing will start at 6:30 p.m. in the City Councíl Chambers of City Hall Iocated at 215 E. McKinney Street, Denton, Texas. Because you own properfy within two hundred (200) feet ōf the subject property, the Planning and Zoning Commissŕon wou/d like to hear how you feel about thŕs request and ŕnvŕtes you to attend the public hearŕng. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (Thŕs in no way prohibits you from attending and partŕcŕpatŕng in the publŕc hearing.) You may fax it to the number aocated at the:bo.ttom.o.r_mail,it,to the.ádOr.ess_below_.or_drop_it oft.in-person: _ Planning and Development Department 221 N. -Elm ST Denton, Texas 76201 Attn: Cindy Jackson, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request ---N_e_utral to re u t-~ Opposed to request Reasons for Opposition: Signature: Printed Name: ~ T Mailing Address: / Od F~ lfe.~/ ~ T £r2d2.4 City, State Zip: ,za/ Telephone Number: qyD Physical Address of Property within 200 feet: CITY OF DEN.TON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 •(F) 940.349.7707 ~aJ•F&z n'arico EXHIBIT 5 APPLICANT' S LETTER .:S rrn erL Ie ~1 . Attomeys at Law August 20, 2009 Via Hand Delivênr Planning & Zoning City of Denton 221 Nōrth Elm Street Denton. Texas 76201 Re: Project Number SD09-0001 Project Name First United Methodist Church First United-Methodist Church,.Denton:ComprehensiYe Plan for a Special Sign District Project SD09-0001 . The proposedplan for the crêatioti āf a"Special`Sign District" for First.United Methodist Church Denton allows the chwch-to soften the extcrior of'the physical structwes by allōwing the-church ío hang and display wind device banners on the.exterior of the sanctuary ánd in the parking lots throughout the year for more thān a thirty day period. Current city planning regulations only allow wind devicê signs to be hung for 30 days at a time and ōnly allows an<individual. enuty to apply for a permit three times a year.. FUivIC-Denton seeks a variance to the 30 day petmit and wishes to hang wind device signsmorê'fhan thirty da~s and continue>to keep the signs hung year round. The signs are artistic in natwe ártd .compliínent thê Denton-Central Business District master.plan by creating an artistic feel to the current chwch.location. The designs ōn the banners wrill not be static; the church ê:cpecís to change outthese signs several times during the year, In addition to requesting a special sign districr so that the church can display wind device sígns year round. the. church also seeks to pay pertnit fees on a once yearty basis. FUvIC-Denton seeks to pay the permit fee of S35 once a year to hang wind:device signs alt year round on the building and on the lamp postsin the church parking lots. The creation of a'Special Sign district will also allow the-church to consider futurc plans for the addition of an LED sign and the-addition of a new sign facing the budding restaurartt district behind the church- property. The Special Sign district is clearly superior to the current 1EFF SPRINGER ERANK LYLE IORI TALBOT KIMBERLY MARKEL jefí®sprier-lyle.com fgl@springer-lyle.com lori®springer-lyle.com kim@springer-lyle.com &~ardCerur mCvil -Triailaw -!1KCrney/rNCáala I~cwrnryafUw ~m~.Y~L~ 1807 HVesuniruter • Penton, TX 76205 • 940:387.0404 • metrō 940.243.2460 • fax 940.383.7656 • vwvwSpringer-Lyle.com Plannine &-Zoning Gity of Denton August 20, 2009 Z regulations since the district will allow the church to be more welcoming to visitors and members. , Sincerely, obert V. Tōrre} ; M. I\TER\'ATIONAL'EDUCATIO\ ADVISOR 1\iTER,\'ATIONAL STUDENrI• ōC SCHOLrCR$ERVICES 115 5 Union Ci.rcle #31 1067. Denton_. Texas 76203-5017 _ Office: 940=565=3477 Fax: 940-565-4822 Robert.Torreyiniunt.cdu I EXHIBIT 6 PROPOSED SPECIAL SIGN DISTRICT r- Q 4-0 ~i t O V' Vhf Q1 txo O O = C44 ~ a) ~ s L LL w .t' d 2 ~ Ok d q j 1~ £ I~ 0' F~ t~ I 1 L L- yy IT S ~ ' Tiyl I_ 4 v I _ I e S f I I f ir, YF gg P I 1 J i ILI ' ~ ti s d ~ r -77 _ -2 T .i H .1 1 C' it :1 t) 1 H i fi o ti ~ r r G ij 77 .r 7 C(] D 1- i ~ r c 1 c y `J _ J I 4 } f .1 3 n- C L ~ t 2i N Q. n T l7 7AC _fl _1 f y; n U c;l ~ e v ~ I ~a $f: i l. 1 " F f 4- y N -Ci `L 75 \ -2 y y ~ i 7 u 7nc~o # s gg ~ la ~ ~ n = i 84 k~ I` e33 + t 'J J y n - zi Q S R A M f. I a l A I It W I ~ r J t _ c Zfi r~: 'R q ..III ~ ~ 1 r•Y, a 4~.1.1 v t i IL ~ I ny~ I r3 I p . w - L c of C J 'J lJ J L Li y J y ~ T. C y` ' J p,1 C Tj LL t J lJ lJ L o 7" I 1 L i.7 if 1111} I II r ~ ~ I a ~ Y k. os-c y+ , yl J L l% y ~ EL ~r S) ~l lJ U S_ Tj Y y T 1 J \S z a ~I r V L Cpl i-: H5 v~~7 cam ego; ~i~+~• ~ Y2 h W f ~ 1„ 1 } j f I S ,I I- NIJ ~II~'` J { i i ~ l Ir f I h: ~ ] f y ~ - ~2 ~ 1G 1 7 t E S, 'S 8 8 J. 5 3. fl O D '1 H ] Q S L_ I Ell E; E ' C u I. P fir. i I~ N Y 1 N J. S ~l Q N I i ~ g~x I ~ r y- n p C Qi al a~ t qj,1 UA,,,,,. S r ~Tb t ~~t J ~ 1~ t M1 ~ Tk ~ ate, d + ~1 nw I c 0 0 i Ca V can Q1 ° txo 0 o a~ o D L u rs ra ' r, ~I I c p II I ~ i f i e 9 I~I r'h r' 1 L-ill-_ I ~ (~T t I~ ;l C I I ppp } t A" I I ! E ~f. All (W V I s F•;~,i.i.~lh II I Y X In 1 1 rrx G E r;? E E ~ r x L ( I r F .n ~ . I F J. 3, `3 1. S J. v ::1 1 V I }t S i] 0 S a~ c: n, a u 71 ry t y t. U r . - 1 ~ G tTi iu v m ~ w :l J CJ T V: _ C: L :J ~ J .J _ f1 r - V L1 1: ..J _ ~ C nJ C C f) G w L ti T C ~J TJ r.. m C C (I J C C O C C N 7L - - f ll _ C C cr G I Ql V C n f, t N N ~ 11J - r, _ QJ ~ d Q fJ _ ,J C C CL a~ ~ J F ~1 7 ~ ~ l1SNS~i ~r „I f f ~M ~ ~ r<rwM1 yrrr Now, i + i 61 63 1 CHAIRMAN EAGLETON: So that ends our items i location of the signs that are proposed in this 2 for Individual consideration. We'll go now into our 2 district. This shows the proposed location of the 3 public hearings. 3 banner signs along Locust Street that'll be located 4 First item is the establishment of a 4 right here along the front of the church facade. The 5 special sign district. Cindy. S proposed location of the parking lot banners will be on 6 MS. JACKSON: Thank you, Mr. Chairman, 6 these light poles, as noted, in the parking lot. The 7 Commissioners. 7 proposed location of the wall sign on the eastern side s . This is a request for approval of the 8 right here. And the proposed location of a second wall 9 creation of a special sign district for the First United 9 sign located in the southwest comer of the front facade 10 Methodist Church- The proposed sign district would to along Locust Street. Proposed location of banner signs it allow the applicant to display banner signs on a 11 of the banner sign located along Sycamore Street 12 year-round basis, as opposed to being limited to three 12 would be right hire. The long-range signs proposed 13 times a year for 30 days at a time as currently allowed 13 include a wall sign at the corner of Mulberry and Locust 1,4 by the ordinance. 14 Street and an LEI] monument sign which would replace the 15 The site is located at 2,01 South Locust is current illuminated monument sign that is along Locust 16 Street. It is bounded by Locust Street on the west, 16 Street. 17 Industrial Street on the east, Mulberry Street on the 17 In order to approve a special sign is north, and Sycamore Street on the south. The site is is district, the Subchapter 35.15.18.4 of the Denton 19 zoned DCG, Downtown Commercial General. 19 Development Code sets forth specific criteria which the 20 This is a view of the northwest corner. of 20 Commission and Council must consider. No. 1 is the 21 the site from Locust Street. Mulberry Street is right 21 proposed sign district provides a comprehensive plan for 22 up here. This is a view of the southwest corner of the 22 signs that would be clearly superior to what would be 23 site from Locust Street, and Sycamore street is located 23 allowed without the plan. No. 2 is that it would be 24 right here. This is a view of the east side of the site 24 compatible with surrounding properties. 25 from Industrial Street. And this is a view of the north 25 In considering whether a district and sign 62 64 1 side of the site from Mulberry Street. This is a view 1 plan is compatible with surrounding properties and 2 of the southwest side of the site from Sycamore Street. 2 clearly superior, the Commission and Council shall 3 It's towards Locust Street, which is right up here. And 3 consider but are not limited to considering the 4 this is the southwest corner of the site excuse me 4 following: Scale, which is a relationship between the s southeast comer of the site from Sycamore Street. And 5 compatibility of sign scale, site scale, and the scale 6 you can see Industrial Street right down here. 6 of nearby buildings, illumination, the impact and 7 The purpose of a special sign district 7 compatibility of sign illumination within the district s designation is to allow properties to deviate from the s and in relationship to neighboring properties. The 9 regulations found in Subchapter 15 in the sign 9 avoidance of glare and light pollution is significant. 10 ordinance, if a quafifying property has an Alternative to Integration. How the signs in the district ii Comprehensive Plan that is clearly superior to what ii are integrated into a unified development concept with 12 could be accomplished under standard regulations. 12 the topography, building design, and other signs, 13 The proposed sign district includes the 13 landscaping, traffic circulation, and other development 14 following: The display of banner signs located on both 14 feature both on the district and nearby property, that is the front of the church facade along Locust Street and is it's not being used to avoid or gain a variance of the 16 on the light poles in the parking lot, which would be 16 sign regulations, that it does not violate the spirit or 17 displayed as a on a year-round basis- There is also 17 intent of the sign regulations, and that it complies is a proposed banner sign at one of the entrances along is with the requirements of the ordinance for special sign 19 Sycamore Street. A wall sign at both the east and west 19 district. 20 entrances of the building. A banner sign located at the 20 As noted in your staff report, the 21 Sycamore Street building entrance. Long-range plans 21 Development Review Committee feels that this site 22 include a wall sign located at the comer of Locust 22 this request complies with those criteria. The Planning 23 Street and Mulberry Street. And an LED monument sign 23 Department sent out 23 notices of the Planning and 24 along Locust Street. 24 Zoning Commission meeting tonight to property owners L2s The next few illustrations will show the 25 within 200 feet. We received one neutral response to PLANNING AND ZONING COMMISSION DECEMBER 9, 2009 Page 61 to 64 of 82 65 67 1 the request. 1 ten years. I mean, our downtown is vibrant. It's 2 Based on the findings that are discussed in 2 alive. There is a lot going on in downtown these days. 3 your staff report and that were discussed here, the 3 And we want to just be a part of that. 4 staff Development Review Committee recommends 4 And so we think the banners that will be 5 approval of this request. I will answer any questions 3 put periodically at the front of the church as we've 6 that you have. And the applicant is present to answer 6 done traditionally a few times a year to celebrate 7 any questions you may have. 7 holidays, we'd like to do that more often. And then 8 CHAIRMAN EAGLETON: Okay. Any questions of 8 that side banner for the jazz service, we think needs to 9 staff? Okay. If not okay. Great. Thanks, Cindy. 9 change periodically, too, to identify what's going on. 10 MS. JACKSON: Sure, 10 Because that service is our way of being a little more 11 CHAIRMAN EAGLETON: If the applicant is ii progressive and having a ministry for a demographic that 12 here and would like to come down. Or the applicant's 12 we don't normally reach through our more traditional 13 representative, If you would, come down and give us your 13 services. And, you know, part of the idea is it just 14 name and address. 14 can't be the same all the time. It needs to be 15 MR. SPRINGER: Thank you, Chairman 25 something different periodically, and a permanent sign 16 Eagleton. I'm Jeff Springer. I am a resident of 16 just wouldn't get us that. 17 Sanger. It's 9357 Sand Bass Road, Sanger, Texas. 17 CHAIRMAN EAGLETON: All right. Any other 18 I'm here with Gwen Jump, who's a staff iS questions? 19 member of the church. She is our Director of 19 MR. SPRINGER: Thank you very much. 20 Communications, and Robby Tors, who assisted me as 20 CHAIRMAN EAGLETON: Thank you. All right. 21 co-counsel in preparing the application for this 22 Well, this is a public hearing so if I don't have any 22 Committee. And Robby, by the way, did that as a final 22 cards up here. But we`ll go ahead and open the public 23 year law student at Texas Wesley as a part of their pro 23 hearing now. If there is anyone present who would like 24 bono program. And I think he did a splendid job. And 24 to speak in favor, you can do that now, if you'd like to 25 I'm happy to answer any questions. 25 come down. Or if there's anyone here who would like to 66 68 2 CHAIRMAN EAGLETON: Commissioner Bentley? 1 speak in opposition, this would be the time to do that, 2 COMMISSIONER BENTLEY: I have one question. 2 as well. Okay.. Seeing and hearing none, IT close the 3 CHAIRMAN EAGLETON: Yes? 3 public hearing. And I'll open the floor for comments or 4 COMMISSIONER BENTLEY: And I truly 4 a motion. Commissioner Reece? 5 understand the your desire to have, let's say, banner 5 COMMISSIONER REECE., I would make a motion 6 signs on the light poles and hard signs on the building. 6 to approve. 7 I guess my only question is Is this sign that's a jazz 7 CHAIRMAN EAGLETON: Great. We have a 8 worship you propose that as a banner sign to hang all 8 motion on the table to approve. And Commissioner 9 year round and multiple years in the future. If that 9 Bentley? 10 sign is so Important, why is it not a hard sign like the 20 COMMISSIONER MNTLEY: I, too, want to 11 rest of the signs on the building? 11 approve. But I would like you to amend your motion just 12 MR. SPRINGER: I think I'd like to 12 a little bit. 13 answer your question a couple of ways. You've probably 13 I have two concerns. And that's the 14 noticed from the images and for those of you who are 14 frequency of the change of the LED sign. And I think is familiar with that building, it is it's a great 25 that 20 second intervals is fast enough. I'm just 16 improvement and great historical site here at the City 16 wanting to cover our basis because our Code doesn't 17 of Denton. Looks like a wonderful old library and 17 exactly cover everything. And then I'm concerned about 18 always has. 18 the brightness of the LED lights. And since this is a 19 And so a lot of the signage, we believe, at 19 recommendation to Council, Council can wont through the 20 the church is important just for the sake of identifying 20 details of this. But those are just the two issues that 21 the property as a church property, as opposed to 21 I have. And it really pertains to the LED signage. 22 something else. And it was also important to us that we 22 COMMISSIONER REECE: Now, just for my 23 comply with the existing zoning ordinances with respect 23 clarification, on the frequency you mean no quicker than 24 to the area and the downtown, which as we all know has 24 20 seconds? 25 improved enormously over the last what probably 25 COMMISSIONER BENTLEY: No quicker than 20 PLANNING AND ZONING COMMISSION DECEMBER 9, 2009 Page 65 to 68 of 82 69 71 1 seconds. 1 2 COMMISSIONER REECE: Okay, I would accept 2 3 those. 3 4 COMMISSIONER BENTLEY: And, in that case, I 4 5 would second your motion. 5 6 CHAIRMAN E.AGLETON: Okay. I would 6 7 recommend that we maybe restate the motion then. 7 s COMMISSIONER REECE: Okay. I would move to a 9 approve with conditions placed on the LED sign with 9 10 frequency not to exceed 20 second intervals and some 10 11 consideration for brightness - maximum brightness. 11 12 MR. DRAKE: If I may, I don't think you 12 13 want to say frequency not to exceed. What you're saying 13 14 is that it has to be shorter than 20 seconds. I think 14 15 that you would want to say that a frequency such that 15 16 the message would not change any more often than every 16 17 20 seconds, if I'm understanding correctly. 17 1s COMMISSIONER REECE: Okay. My motion would is 19 be to approve with conditions on the LED sign. One 19 20 being frequency not to change more often than 20 second 20 21 intervals and consideration for maximum brightness. 21 22 COMMISSIONER BENTLEY: And I would continue 22 23 my second on that. 23 24 CHAIRMAN EAGLfTON: Okay. So we have a 24 2s motion on the floor to approve with a second by 25 70 72 1 Commissioner Bentley. 1 2 Please vote on the board. And the motion 2 3 passes seven to zero. 'T'hank you. 3 4 4 5 5 6 6 7 7 s $ 9 g 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 MLANNINU ANU 4UNINU L;UMMIWUN DECEMBER 9, 2009 Page 69 to 72 of 82 sAour documentslordinanees109\sd09-o00l.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIAL SIGN DISTRICT PLAN ON APPROXIMATELY 4.141 ACRES OF LAND, GENERALLY LOCATED AT 201 S. LOCUST STREET AND PLATTED AS LOT IR, BLOCK 23, OLD TOWN DENTON ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. (SD09- 0001) WHEREAS, First United Methodist Church-Denton has applied for adoption of a Special Sign District on real property containing approximately 4.141 acres of land in the Downtown Commercial General (DC-G) zoning district, such real property legally described as Lot 1R, Block 23, Old Town Denton Addition (hereinafter defined as the "Property"); and WHEREAS, on November 18, 2009, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval with conditions of the Special Sign District; and WHEREAS, the City Council finds the Special Sign District satisfies the purposes and approval criteria of Section 35.15.18 of the Development Code; 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 true. SECTION 2. The Special Sign District is hereby approved on the Property subject to the following conditions: a. Three (3) banner signs are permitted year round along the S. Locust Street frontage in the locations shown in Exhibit 'W', attached hereto and made a part hereof by reference. b. Seven (7) parking lot banner signs are permitted year round in the East Parking Lot in the locations shown in Exhibit "A". One (1) wall sign is permitted on the building at the east entrance as shown in Exhibit «A„ d. One (1) wall sign is permitted on Cole Chapel at the S. Locust Street entrance as shown in Exhibit "A". e. One (1) banner sign is permitted year round at the E. Sycamore Street entrance as shown in Exhibit "A". f. One (1) wall sign is permitted at the corner of S. Locust Street and E. Mulberry Street as shown in Exhibit "A". g. One LED display monument sign, which will replace the current illuminated monument sign, is permitted in the location shown in Exhibit "A". In addition to the requirements of Subchapter 15 regarding signage, the following conditions will apply to this sign: i. All lamps should be less than 8 watts. ii. The sign, as a whole, should not be bright (intense) enough to interfere with the vision of a driver on any adjacent public street. iii. No element of the display may move or change more often than every 20 seconds. SECTION 3. The City's official zoning reap is amended to show the change in zoning district classification, per Section 35.15.18.7 of the Denton Development Code. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 2010.` MARK A. 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H LOCATION MAP i f AGENDA INFORMATION SHEET AGENDA DATE: Ö¿²«¿®§ ïîô îðïð DEPARTMENT: п®µ ¿²¼ λ½®»¿¬·±² Ü»°¿®¬³»²¬ ACM: Ú®»¼ Ù®»»²» ______________________________________________________________________________ SUBJECT ݱ²¬·²«¿¬·±² ±º ¿ °«¾´·½ ¸»¿®·²¹ ±² ¬¸» Í¿´» ±º ¬¸» Ü»²¬±² Þ®¿²½¸ ο·´ Ì®¿·´ ݱ®®·¼±® ±©²»¼ ¾§ ¬¸» Ý·¬§ ±º Ü»²¬±² ¬± ¬¸» Ü¿´´¿ ß®»¿ ο°·¼ Ì®¿²·¬ ß«¬¸±®·¬§ øÜßÎÌ÷ º±® ¬¸» °«®°±» ±º ®»¿½¬·ª¿¬·±² ±º ¿ ®¿·´ ´·²» ¾»¬©»»² Ü»²¬±² ¿²¼ Ý¿®®±´´¬±² ¿²¼ ½±²·¼»®¿¬·±² ±º ¿² ±®¼·²¿²½» ¹®¿²¬·²¹ ¿°°®±ª¿´ º±® ¬¸» ¿´» ¿²¼ ¬®¿²º»® ±º ¬¸» Ü»²¬±² Þ®¿²½¸ ο·´ Ì®¿·´ º®±³ ¿°°®±¨·³¿¬»´§ Ó·´» б¬ éîïòèç ¬± Ó·´» б¬ éîçòë º±® ¬¸» °«®°±» ±º ¿ ½±³³«¬»® ®¿·´®±¿¼ ·² ¿½½±®¼¿²½» ©·¬¸ ݸ¿°¬»® îê ±º ¬¸» Ì»¨¿ п®µ ¿²¼ É·´¼´·º» ݱ¼»å ¿²¼ °®±ª·¼·²¹ ¿² »ºº»½¬·ª» ¼¿¬»ò BACKGROUND ̸» п®µô λ½®»¿¬·±² ¿²¼ Þ»¿«¬·º·½¿¬·±² Þ±¿®¼ ®»½±³³»²¼»¼ ¿°°®±ª¿´ ±º °®±ª·¼·²¹ ¿ ®¿·´®±¿¼ »¿»³»²¬ ¿´±²¹ ¬¸» Ü»²¬±² Þ®¿²½¸ ο·´ Ì®¿·´ ½±®®·¼±® ±² ѽ¬±¾»® îô îððêò ̸· ¿°°®±ª¿´ ©¿ º±® ¿ Ó»³±®¿²¼«³ ±º ˲¼»®¬¿²¼·²¹ øÓÑË÷ ¼±½«³»²¬ ¾»¬©»»² ¬¸» Ý·¬§ ±º Ü»²¬±² ¿²¼ Ü»²¬±² ݱ«²¬§ Ì®¿²°±®¬¿¬·±² ß«¬¸±®·¬§ øÜÝÌß÷ º±® ¬¸» º«¬«®» ½±²¬®«½¬·±² ±º ¿ ο·´ ݱ³³«¬»® ´·²» ¾»¬©»»² Ü»²¬±² ¿²¼ Ý¿®®±´´¬±²ò ̸» Ü»²¬±² ݱ«²¬§ Ì®¿²°±®¬¿¬·±² ß«¬¸±®·¬§ øÜÝÌß÷ ®»¯«»¬»¼ ¿² »¿»³»²¬ ±² ¬¸» Ü»²¬±² Þ®¿²½¸ ο·´ Ì®¿·´ ·² ±®¼»® ¬± ½±²¬®«½¬ ¬¸» ®¿·´ ½±³³«¬»® ®¿·´®±¿¼ º®±³ ¼±©²¬±©² Ü»²¬±² ¬± Ý¿®®±´´¬±² ¬± ½±²²»½¬ ©·¬¸ ¬¸» Ü¿´´¿ ß®»¿ ο°·¼ Ì®¿²·¬ øÜßÎÌ÷ ´·¹¸¬ ®¿·´ ´·²»ò Ü«®·²¹ ¬¸» ¼»ª»´±°³»²¬ ±º ¿² ¿¹®»»³»²¬ ¬± ¬¿®¬ ¬¸· ½±²¬®«½¬·±²ô ·¬ ¸¿ ¾»»² ¼»¬»®³·²»¼ ¬¸®±«¹¸ ¬¸» ´·²» ¿´» ¿¹®»»³»²¬ ©·¬¸ ¬¸» ˲·±² п½·º·½ ο·´®±¿¼ô ¬¸» ®¿·´®±¿¼ ¿·¹²»¼ ·¬ ®»ª»®·±² ·²¬»®»¬ ¬± ÜßÎÌ ¼«®·²¹ ¿ ¿´» ±º »ª»®¿´ ³·´» ±º «²¼»®«¬·´·¦»¼ ®¿·´ ´·²» ·² ¬¸» Ó»¬®±°´»¨ò ÜßÎÌ ¿½¯«·®»¼ ¬¸» Ü»²¬±² Þ®¿²½¸ ®¿·´ ´·²» º®±³ Ü¿´´¿ ¬± Ô¿µ» Ü¿´´¿ ¿¬ Þ«®´ ͬ®»»¬ ·² ݱ®·²¬¸ò ̸» ˲·±² п½·º·½ ο·´®±¿¼ ¿·¹²»¼ ¿²§ ®»³¿·²·²¹ ®·¹¸¬ ¬¸»§ ³¿§ ¸¿ª» ·² ¬¸» ®»ª»®·±² ±º ¬¸» ½±®®·¼±® ¾¿½µ ¬± ¿ ®¿·´®±¿¼ ¬± ÜßÎÌ ¼«®·²¹ ¬¸· °«®½¸¿» ¿¹®»»³»²¬ò ̸» Ü»²¬±² Þ®¿²½¸ ο·´ Ì®¿·´ · ¿ ®¿·´ ¾¿²µ»¼ ½±®®·¼±® ¾»·²¹ «»¼ ¿ ¿² ·²¬»®·³ ¬®¿·´ ¬¸®±«¹¸ ¬¸» Ò¿¬·±²¿´ Ì®¿·´ ß½¬ò ̸» ½±®®·¼±® · ¾¿²µ»¼ º®±³ ¿¾¿²¼±²³»²¬ ¿ ¿ ®¿·´®±¿¼ «²¬·´ ·¬ ³¿§ ¾» ®»ó ¿½¬·ª¿¬»¼ò É·¬¸ ÜßÎÌ ¸¿ª·²¹ ¬¸» º·®¬ ¿¾·´·¬§ ¬± ®»¿½¬·ª¿¬» ¬¸» ´·²» ¿²¼ ¸¿ª·²¹ ²±¬·º·»¼ ¬¸» Ý·¬§ ±º ·¬ ·²¬»²¬ ¬± ¼± ±ô ·¬ · °®«¼»²¬ ¬± ²»¹±¬·¿¬» ¬»®³ ¿´´±©·²¹ ¬¸» Ý·¬§ ¬± ®»»®ª» »¿»³»²¬ º±® «¬·´·¬·» ¿²¼ ¿ ²»© ¬®¿·´ ½±®®·¼±®ô ©¸·´» ¿´´±©·²¹ ¬¸» ¬©± ¬®¿²·¬ ¿«¬¸±®·¬·» ¬± ©±®µ ¬¸®±«¹¸ ¿¹®»»³»²¬ ±² ®»½±²¬®«½¬·±² ±º ¬¸» ®¿·´®±¿¼ º±® ®¿·´ ½±³³«¬»® ¬®¿·² »®ª·½»ò ͬ¿¬» ´¿© ¿ ¼»º·²»¼ ·² ݸ¿°¬»® îêô ìÊÍÈ×ÙÈÓÍÎ ÍÖ ìÇÚÐÓÙ ìÛÊÑÉ ÛÎØ ê×ÙÊ×ÛÈÓÍÎÛÐ ðÛÎØÉ ±º ¬¸» Ì»¨¿ п®µ ¿²¼ É·´¼´·º» ݱ¼» ®»¯«·®» ¬¸¿¬æ Û Û ÏÇÎÓÙÓÌÛÐÓÈà ÍÖ ÈÔÓÉ ÉÈÛÈ× ÏÛà ÎÍÈ ÛÌÌÊÍÆ× ÛÎà ÌÊÍÕÊÛÏ ÍÊ ÌÊÍÒ×ÙÈ ÈÔÛÈ Ê×ËÇÓÊ×É ÈÔ× ÇÉ× ÍÊ ÈÛÑÓÎÕ ÍÖ ÛÎà ÌÇÚÐÓÙ ÐÛÎØ Ø×ÉÓÕÎÛÈ×Ø ÛÎØ ÇÉ×Ø ÌÊÓÍÊ ÈÍ ÈÔ× ÛÊÊÛÎÕ×Ï×ÎÈ ÍÖ ÈÔ× ÌÊÍÕÊÛÏ ÍÊ ÌÊÍÒ×ÙÈ ÛÉ Û ÌÛÊÑ ÇÎÐ×ÉÉ ÈÔ× ÏÇÎÓÙÓÌÛÐÓÈà ÛÙÈÓÎÕ ÈÔÊÍÇÕÔ ÓÈÉ ØÇÐà ÛÇÈÔÍÊÓÂ×Ø ÕÍÆ×ÊÎÓÎÕ ÚÍØà ÍÊ ÍÖÖÓÙ×Ê Ø×È×ÊÏÓÎ×É ÈÔÛÈ ÈÔ×Ê× ÓÉ ÎÍ Ö×ÛÉÓÚÐ× ÛÎØ ÌÊÇØ×ÎÈ ÛÐÈ×ÊÎÛÈÓÆ× ÈÍ ÈÔ× ÇÉ× ÍÊ ÈÛÑÓÎÕ ÍÖ ÉÇÙÔ ÐÛÎØ ÛÎØ ÈÔ× ÌÊÍÕÊÛÏ ÍÊ ÌÊÍÒ×ÙÈ ÓÎÙÐÇØ×É ÛÐÐ Ê×ÛÉÍÎÛÚÐ× ÌÐÛÎÎÓÎÕ ÈÍ ÏÓÎÓÏÓÂ× ÔÛÊÏ ÈÍ ÈÔ× ÐÛÎØ ÛÉ Û ÌÛÊÑ Ê×ÉÇÐÈÓÎÕ ÖÊÍÏ ÈÔ× ÇÉ× ÍÊ ÈÛÑÓÎÕ Ú û ÖÓÎØÓÎÕ ÏÛà Ú× ÏÛØ× ÍÎÐà ÛÖÈ×Ê ÎÍÈÓÙ× ÛÎØ Û Ô×ÛÊÓÎÕ ÛÉ Ê×ËÇÓÊ×Ø Úà ÈÔÓÉ ÙÔÛÌÈ×Ê Ð¿®µ ¿²¼ λ½®»¿¬·±² Ü»°¿®¬³»²¬ ¿²¼ Ý·¬§ ¬¿ºº ¸¿ª» ®»ª·»©»¼ ¿´´ °±·¾´» ¿´¬»®²¿¬·ª» ·² ´·¹¸¬ ±º ¬¸» °´¿²²·²¹ ¬± ³·²·³·¦» ¸¿®³ô ¿²¼ ®»½±³³»²¼ ¬¸¿¬ ¬¸» ݱ«²½·´ ³¿µ» ¬¸» ®»¯«·®»¼ º·²¼·²¹ò OPTIONS ß ¼·½«»¼ ·² Ý´±»¼ Í»·±²ò RECOMMENDATION ß ¼·½«»¼ ·² Ý´±»¼ Í»·±²ò ESTIMATED SCHEDULE OF PROJECT ݱ²¬®«½¬·±² · °®±¶»½¬»¼ ¬± ¾»¹·² ·² îðïðò PRIOR ACTION/REVIEW ̸» п®µô λ½®»¿¬·±² ¿²¼ Þ»¿«¬·º·½¿¬·±² Þ±¿®¼ ¹¿ª» ·¬ ¿°°®±ª¿´ ¬± ¿ ÓÑË ¿¬ ¬¸» ѽ¬±¾»® îô îððê ³»»¬·²¹ ¾§ ¿ ª±¬» ±º ê ¬± ðò Ѳ Ò±ª»³¾»® îô îððçô ¬¸» п®µô λ½®»¿¬·±² ¿²¼ Þ»¿«¬·º·½¿¬·±² Þ±¿®¼ ½¿³» ¬± ¿ ½±²»²« ¬¸¿¬ ¬¸» Ý·¬§ ¸±«´¼ ¹± º±®©¿®¼ ©·¬¸ ¬¸» °«¾´·½ ³»»¬·²¹ ·² ®»¹¿®¼ ¬± ¬¸· °¿®¬·½«´¿® ³¿¬¬»®ò Ѳ Ü»½»³¾»® ïô îððç ô ݱ«²½·´ ½±²¬·²«»¼ ¬¸· ·¬»³ ¬± Ü»½»³¾»® ïëò Ѳ Ü»½»³¾»® ïëô îððçô ݱ«²½·´ ½±²¬·²«»¼ ¬¸· ·¬»³ ¬± Ö¿²«¿®§ ïîô îðïðò FISCAL INFORMATION ݱ²¬®¿½¬ ®»´¿¬·²¹ ¬± ®¿·´ ®»¿½¬·ª¿¬·±² °»½·º§ ¬¸» °«®½¸¿» °®·½» ±º ¬¸» «¾¶»½¬ ®¿·´ ½±®®·¼±®ò EXHIBITS ïòÓ¿° îòп®µô λ½®»¿¬·±² ¿²¼ Þ»¿«¬·º·½¿¬·±² Þ±¿®¼ Ó·²«¬» ±º Ò±ª»³¾»® îô îððçò λ°»½¬º«´´§ Í«¾³·¬¬»¼æ Û³»®±² ʱ®»´ô Ü·®»½¬±® п®µ ¿²¼ λ½®»¿¬·±² Ü»°¿®¬³»²¬ Ю»°¿®»¼ ¾§æ Þ±¾ Ì·½µ²»®ô Í«°»®·²¬»²¼»²¬ п®µ ¿²¼ λ½®»¿¬·±² Ü»°¿®¬³»²¬ Exhibit A Denton Branch Rail Trail Mileposts 721.5-729.5 Hickory Street, MP 721.5 Power Plant Denton BranchRail Trail right of way I-35E City of Denton Denton BranchRail Trail right of way Shady Shores City of Corinth Walton Burl Street, MP 729.5 I-35E Swisher Rd FM 2181 Denton BranchRail Trail City Limit line 1DRAFT Parks, Recreation and Beautification Board 2 Minutes 3 4November 2, 2009 5Civic Center Conference Room 6 7 Ó»³¾»® °®»»²¬ : Vicki Byrd, Allyson Coe, Derrick Murray, Janet Shelton, Jennifer Wages 8 Ó»³¾»® ¿¾»²¬æ Carol Brantley, Mike Simmons 9 ͬ¿ºº °®»»²¬æ Emerson Vorel, Jim Mays, Bob Tickner, Mary Aukerman, Amanda Green, Janie McLeod 10 ß¼¼·¬·±²¿´ ͬ¿ºº °®»»²¬æ City Attorney, Anita Burgess and KDB Group: Aimee Dennis, Jannibah, 11 Coleman Mendie Schmidt 12 13 Allyson Coe called the meeting to order at 5:58 p.m. 14 st 15 ßÉßÎÜÍ ßÒÜ ÎÛÝÑÙÒ×Ì×ÑÒÍæ Jim Mays announced that the Parks Maintenance staff had won 1 nd 16 place in the TRAPS Region 2 Parks Rodeo and placed 2 in the entire Metroplex. 17 18 Since most of the KDB staff members are new, Aimee Dennis, KDB Program Manager, introduced herself 19 and the KDB staff, explaining their specific areas of responsibility. Aimee explained that, although the 20 three KDB staff members are paid through City of Denton Parks & Recreation, Keep Denton Beautiful, Inc. 21 is a non-profit organization. 22 23 ßÐÐÎÑÊßÔ ÑÚ Ó×ÒËÌÛÍ ÑÚ Ñ½¬±¾»® ëô îððç ÓÛÛÌ×ÒÙæ Derrick made a motion that the minutes 24 be approved as written, Jennifer seconded the motion and the minutes were approved with a vote of 5 to 0. 25 26 ßÝÌ×ÑÒ ×ÌÛÓÍæ 27 ß°°®±ª¿´ ±º îðïð п®µ Þ±¿®¼ Ó»»¬·²¹ ͽ¸»¼«´» a) – The exceptions to the Board meeting on dates 28 other than the first Monday of each month were reiterated. 29 30 ÓÑÌ×ÑÒæ There being no further discussion, Jennifer made the motion to approve the 2010 Park 31 Board Meeting Schedule as presented; Janet seconded the motion and the schedule passed with a vote of 32 5-0. 33 34 Í¿´» ±º ß´½±¸±´·½ Þ»ª»®¿¹» ߬ Ó¿®¼· Ù®¿ b) – Janie explained that the Mardi Gras is an event that the 35 Rotary Club has held for several years, but, with the changes recently made to the Alcohol Ordinance, 36 this was the first event selling alcoholic beverages inside the Civic Center to be brought before the Park 37 Board for their approval. Emerson pointed out that only events open to the public will be presented to 38 the Park Board; private events, such as wedding receptions and Quinceañeras, need only the approval of 39 the City Manager or his designee, as they have in the past. Janie assured the Board that the Rotary Club 40 will comply with the other requirements needed for an event with alcohol, such as security and 41 insurance. 42 43 ÓÑÌ×ÑÒæ There being no further discussion, Janet made the motion to approve the Mardi Gras event 44 with the sale of alcoholic beverages in the Civic Center, Jennifer seconded the motion and it passed with 45 a vote of 5-0. 46 47 ÐßÎÕÍ ÐÎÑÖÛÝÌ ÍÌßÌËÍ ÎÛÐÑÎÌ 48 ߪ±²¼¿´» п®µ Ô·¹¸¬·²¹ ¿²¼ Ô¿²¼½¿°» ׳°®±ª»³»²¬ – The lights are up and operating, which 49 should help to abate vandalism. The sidewalk replacement will be next. 50 51 Þ®·»®½´·ºº п®µ Ü»·¹² ¿²¼ Ü»ª»´±°³»²¬ Ю±¶»½¬ – The project is progressing. 1 Ü»²¬±² Þ®¿²½¸ ο·´ Ì®¿·´ Þ®·¼¹» Ю±¶»½¬ – This project has been deferred to the City Attorney and 2 Engineering. There will be a pedestrian and bicycle bridge over 288. 3 4 Ò»·¹¸¾±®¸±±¼ п®µ Ü»·¹²æ Ю»»®ª» ¿¬ л½¿² Ý®»»µô Ñ©´»§ п®µ ¿²¼ ɸ»»´»® η¼¹» – Bob 5 brought a concept plan for Wheeler Ridge trail layout. Part of the trail is in an elevated area. Seating 6 nodes are planned for various sites along the trail. Concept plans are also in the works for Preserve at 7 Pecan Creek and Owsley Park which will be presented to the Park Board when they are completed. 8 9 Ò±®¬¸ Ô¿µ» ß¼«´¬ ͱ½½»® Ú·»´¼ Ü»ª»´±°³»²¬ Ю±¶»½¬ – There will be a public meeting at the North rd 10 Lakes Annex on Riney and Windsor on Thursday, December 3 at 6:30 p.m. for this project. The Park 11 Board is invited to attend. It is hoped that this project will got out for bids in March and be completed the 12 spring of 2011. 13 14 Ò±®¬¸ Ô¿µ» п®µ Ù±´¼º·»´¼ Ì»²²· Ý»²¬»® – This project is on hold as we look at options for its future. 15 16 Í»²·±® Ý»²¬»® λ²±ª¿¬·±² ¿²¼ Û¨°¿²·±² Ю±¶»½¬ – The Senior Center project is still on schedule with 17 completion estimated for January 2010. Asbestos abatement is done in the main building; walls are being 18 built. An open house will take place when the project is completed. Work in the parking lot is going on 19 as well. 20 21 ˲·½±®² Ô¿µ» Ì®¿·´ ¿²¼ Ô¿²¼½¿°» Ю±¶»½¬ – The trail is complete and lighted. The landscaping has 22 been held up because of the bad weather. October only had 4 workable days. It is hoped the project will 23 be completed November 2009. 24 25 ÕÛÛÐ ÜÛÒÌÑÒ ÞÛßËÌ×ÚËÔ ËÐÜßÌÛ 26 This year’s Tree GiveAway was very successful. All trees were give out by pre-registration. In the past it 27 had been first come, first served which resulted in long lines of cars. Times were given out with the on- 28 line registration in half hour increments, which helped get rid of the long lines. 29 30 ÐËÞÔ×Ý ßÎÌ ÝÑÓÓ×ÌÌÛÛ ÓÛÛÌ×ÒÙ Ó×ÒËÌÛÍ 31 The minutes are presented in the Park Board packet for their review. 32 33 At this time, Allyson announced that the Board would go into Closed Session for the remainder of the 34 meeting to discuss the valuation and possible sale of park real property. City Attorney, Anita Burgess, led 35 the discussion. The Board came to a consensus that the City should go forward with the public meeting in 36 regard to this particular matter. 37 38 Upon completion of the discussion in Closed Session, Allyson announced that the meeting was once again 39 open to the public. 40 41 With no further business on the agenda, Allyson asked for a motion to adjourn. Janet made the motion to 42 adjourn, Carol seconded the motion and the meeting was adjourned at 7:02 p.m. AGENDA INFORMATION SHEET AGENDA DATE: January 12, 2010 DEPARTMENT: Planning and Development ACM: Fred Greene ______________________________________________________________________________ SUBJECT A10-0001 (City Initiated Involuntary Annexation) Hold the first of two public hearings to consider and discuss, under the annexation procedures for areas exempted from the municipal annexation plan, the Involuntary Annexation, Service Plan and Non-Annexation Development Agreement for approximately 7,480 acres, located in the , and provide staff appropriate direction. The proposed annexation is in multiple ownerships, and consists of fifteen (15) distinct areas, as presented in Exhibit 1. The 15 areas are identified and generally located as follows: 1.PAA1: 1,171 acres, located on the South side of Jim Christal Road; north side of Tom Cole Road; west of Masch Branch Road; 2.PAA2 South: 1,472 acres located on the South side of FM1173; north of W. University Drive; west of I-35; 3.PAA3: 1,075 acres, located on the South side of Ganzer Road; north and south of Barthold Road; north of FM 1173; west of I-35; 4.PAA4: 1,555 acres, located on the South side of Milam Road; north of Loop 288; east of I-35; 5.DH-1: 315 acres, located on the East of H. Lively Road; south of FM 2449; west side of John Paine Road; 6.DH-2: 258 acres, located on the South side of University Drive; west and east sides of Thomas J. Egan Road; north of Jim Christal Road; west of Masch Branch Road; 7.DH-3: 421 acres, located on the South side of Spring Side Road; north, south and west of Corbin Road; west of I-35; 8.DH-4: 347 acres, located on the East side of Bonnie Brae Street; west of Fort Worth Drive; east and west of Vintage; 9.DH-5: 307.11 acres, located on the East side of Fort Worth Drive; west of Country Club Drive; north of Bush Creek Road; 10.DH-6: 9 acres, located on the East side of Teasley Lane; north of Hickory Creek Road; west of Lipizzan Court; 11.DH-8: 29 acres, located on the West of Old Edwards Road; north and south of Edwards Road; 12.DH-10: 87 acres, located on the South of East McKinney; east and west of Lakey Circle; 13.DH-11: 388, located on the Southeast of the intersection of Mayhill Road and McKinney Street; 14.DH-13: 16 acres; located on the West of the intersection of N. Locust Street and Bobcat Road; south of Chaparral Road; and 15.DH-14: 26 acres, located on the South side of Robinson Road; east of Teasley Lane. BACKGROUND Applicants: City of Denton 39,695 acres. To accommodate future population and development growth, the Denton Plan anticipates Jurisdiction (ETJ). The anticipated required acreages and their associated land-uses are identified in the table below. The anticipated 25,100 additional Anticipated Land-UsesRequired Acreages acres are based on population Single-family development15,000 acres projections and an average density of 2,250 people per square mile (640 Multi-family development1,200 acres acres). Per the Denton Plan, the Industrial development3,000 acres minimum anticipated land area required to accommodate future Commercial development3,200 acres population and development is 64,795 Institutional development2,700 acres acres (39,695+25,100). Current land area within the City is approximately Total25,100 acres 57,257 acres,which is 7,538 acres less than the anticipated minimum stated in the Denton Plan. Plan (Pages 23) states: adopted in June 1993 states that: ÅÔ×Î Û ÌÊÍÌ×ÊÈà ÓÉ ÐÍÙÛÈ×Ø ÅÓÈÔÓÎ ÈÔ× Ø×ÉÓÕÎÛÈ×Ø ÇÊÚÛÎÓÂÓÎÕ ÛÊ×Û ÓÉ ×ÄÌ×ÙÈ×Ø ÈÍ ÛÙÙÍÏÏÍØÛÈ× ÇÊÚÛÎ ÕÊÍÅÈÔ ÓÎ ÈÔ× Î×ÄÈ ÈÅ×ÎÈà Ã×ÛÊÉ ÛÎØ ÓÖ ÈÔ× ÛÎÎ×ÄÛÈÓÍÎ ÓÉ ÙÍÎÈÓÕÇÍÇÉ ÈÍ ×ÄÓÉÈÓÎÕ ÙÓÈà ÐÓÏÓÈÉ ÙÓÈà ÊÍÛØÉ ÛÎØ ÊÓÕÔÈÉÍÖ To accomplish the above, the City performed a growth management study of approximately for potential annexation. In addition to achieving the vision of the Denton Plan, the areas that are proposed for annexation will achieve the following goals: Protect the north Interstate 35 corridor; Protect the future west Loop 288 corridor; Manage gro Manage land-use in probable growth areas; Create a logical contiguous City of Denton boundary; Provide future growth areas as recommended by the Denton Plan; and, Reduce the pockets of unincorporated areas within the existing city limits. The factors used to determine what areas to annex include but are not limited to the following: Physical features such as creeks, railroads, roadways and other physical or natural boundaries; Property configuration; Proximity to current City boundary; EMS, Solid Waste Collection, Parks, Extent of recent development activities; Number of occupied parcels; Recent voluntary annexation trends; and, Location and intensity of gas well. On Tuesday, March 10, 2009, staff presented the aforementioned twenty two (22) potential annexation areas to the City Council during a work session. During the presentation, it was determined that three (3) of the twenty two (22) areas were encumbered with Annexation Agreements. As such, they were eliminated from consideration, leaving a total of nineteen (19) potential areas. Five (5) of the 19 remaining potential annexation areas are located in the . The other fourteen (14) areas are surrounded by the City and referred to as "DHs ETJ. At the conclusion of the March 10, 2009 City Council work session, staff was directed to develop a prioritization ranking of the 19 potential annexation areas for a future presentation to the City Council. On Tuesday, September 1, 2009, via a City Council work session, staff presented the ranking of the 19 areas identified as potential annexation areas. During that presentation, staff also recommended the annexation of 17 areas totaling approximately 7,912 acres of land within the sdiction (ETJ). The areas staff recommended include all DH areas (except the 3 areas with existing annexation agreements 15, 16, & 17), PAA2S, PAA3 and PAA4. During the work session, it was determined that PAA1 should also be annexed due to its close proximity to the Denton Municipal Airport. The total acreage recommend for annexation is 9,083 contained in 18 areas. These areas are illustrated collectively in Exhibit 1.Three (3) of the 18 areas identified for annexation will be placed in an Annexation Plan due to the number of parcels with residential dwellings. Those areas are identified as DH-7, DH-9 and DH-12.At the conclusion of the September 1, 2009 work session, the City Council directed staff to proceed with the process of annexing the above mentioned 18 areas. On Wednesday, December 9, 2009 via a Planning and Zoning Commissioner (P&Z) work session, staff presented the 18 areas contacting 9,083 acres to the P&Z. During the work session, staff also explained the goals of the proposed annexation, the rationale of, and the methodology by which the areas were selected for annexation. After the conclusion of the work session, the P&Z recommended approval of moving forward with the annexation of the 18 areas containing 9,083 acres by a 7-0 vote. ANNEXATION IN TEXAS Chapter forty-three of the Texas Local Government Code (Tx.LGC) establishes the standards by which municipalities such as the City of Denton must abide with regards to annexation. The following is a description of the steps that must be followed during the annexation procedure. Adoption of an Annexation Plan: Per Tx.LGC §43.052, a home-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 rd annexation of the area may not occur prior to the 3 anniversary of the date the plan is adopted or amended. óØ ÛÈ . Exemption from Annexation Plan Notwithstanding the above, certain annexations are exempt from the Annexation Plan areas proposed for annexation that contain fewer than 100 separate tracts of land on which one (1) or more residential dwellings are located on each tract. óØ ÛÈ Therefore, all the areas that are proposed for annexation by the City are exempt from the Annexation Plan requirement except DH-7, DH-9 and DH-12. This public hearing pertains to the fifteen (15) areas containing 7,480 acres that are exempted from the requirement of an Annexation Plan. These areas are identified as: PAA1, PAA2 South, PAA3, PAA4, DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13, and DH-14. These areas are also show individually in Exhibits 2-16. DH-7, DH-9, AND DH-12 ARE NOT BEING CONSIDERED FOR ANNEXATION DURING THESE PUBLIC HEARING. Prepare a Service Plan: Tx.LGC §43.056 sets forth the requirements for the provision of municipal services. The City must complete a Service Plan for the areas proposed for annexation. The Service Plan must than two and one-half (2½) 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 (4½) years after the effective date of the annexation. óØ ÛÈ Ú èÄðõù Ù 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 to the proposed areas 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 a municipality 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. Service Plan Limitations: 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)provideservices 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. óØ ÛÈ Ö nd Before the second (2) anniversary of the date an area is included within the corporate boundaries of the City by annexation, the City 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. óØ ÛÈ Î The City is not required to provide solid waste collection services to a person who continues to use the services of a privately owned solid waste management service provider. Level of Services: The Service Plan may not provide for services in the annexed areas that would reduce the level of fire, police and emergency medical services within the City. óØ ÛÈ èÄðõù È Second, the service plan must provide the annexed areas with 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 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 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. óØ ÛÈ èÄðõù § Õ. 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. óØ ÛÈ ÏThe City is not required to extend its services to a newly annexed area prior to the extension of services to prior existing like areas within the City. Length of Validity of Service Plan: A Service Plan is effective for ten (10) 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 nd enforce the Service Plan by applying for a ÅÊÓÈ ÍÖ ÏÛÎØÛÏÇÉ no later than the second (2) anniversary of the date the person knew or should have known the municipality was not complying with the Service Plan. Upon application for a ÅÊÓÈ ÍÖ ÏÛÎØÛÏÇÉ, the City has the burden of proving the services have been provided in accordance with the Service Plan. óØ ÛÈ èÄðõù In accordance with Tx.LGC § 43.056, a Service Plan for the fifteen (15) areas proposed for annexation is hereby attached as Exhibits 17. The service plan provides for the following municipal services: A.Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1.Normal patrols and responses; 2.Handling of complaints and incident reports; 3.Special units, such as traffic enforcement, investigations and special weapons; and 4.Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B.Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: 1.Fire suppression and rescue; 2.Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3.Hazardous materials response and mitigation; 4.Emergency prevention and public education efforts; 5.Technical rescue response; and 6.Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C.Emergency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1.Emergency medical dispatch and pre-arrival First Aid instructions; 2.Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 3.Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D.Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E.Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. The attached sewer facilities plan reflects the principal facilities currently planned by the City to provide for currently expected land utilization and population density, based on applicable City policies, ordinances and regulations. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights-of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F.Water Facilities PAA1, PAA4, DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13, and DH-14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). PAA2S and PAA3 annexation areas lie within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be policies. City participation in the costs of these extensions shall be in accordance consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G.Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the defined by the ordinance and/or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road/street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H.Parks, Playgrounds, Swimming Pools Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. I.Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. J.Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Service Plan Term This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. Service Plan Amendments The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. 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 agricultural, wild life management or timberland use under Chapter 23 of the Texas Tax Code unless the municipality offers to make a development agreement with the landowner under Tx.LGC §212.172 and the landowner declines to make the agreement. The proffered development agreement may not exceed a total of 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. óØ ÛÈ Ú. 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. óØ ÛÈ Ø In accordance with Per Tx.LGC §43.035, each owner of property land that is currently appraised for ad valorem tax purposes as agricultural, wild life management or timberland use under Chapter 23 of the Texas Tax Code was offered a non-annexation development agreement.Neither the agreement nor the annexation will affect the tax exemption status of these properties. Per the Non-Annexation Agreement: The City 1 guarantees the continuation of the extraterritorial status of all applicable properties and agrees not to annex the properties for an initial term of five (5) years. The property owners 2 covenant and agree that use of their property for the specified term of the agreement and any extensions agreed to by the parties shall be limited to farm- related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres. 3The following City regulations shall apply: (a)Zoning standards; (b)The subdivision and development regulations; (c)Denton building codes; (d)Sign regulations; (e)Applicable water and wastewater connection, construction and on-site operation requirements; (f)Applicable Flood Protection, Drainage and related standards; and (g)Gas Well platting, drilling and production standards. A copy of the Non-Annexation Agreement is hereby attached as Exhibit 18. PUBLIC NOTIFICATION 1.On October 29, 2009, staff mailed 1,490 notices of Intent to Annex to all owners of property within the annexation areas, property owners within 500 feet of each annexation areas, public entities, railroad companies that serve the City and are -of-way is in the annexation area, and all independent school districts. 2.On December 23, 2009, staff mailed 224 Non-Annexation Agreements (with attached cover letter) to the owners of property appraise for ad valorem taxes as agricultural, wildlife preservation or timberland uses in accordance with Tx.LGC 43.035 and 212.172. 3.On December 30, 2009, staff mailed 375 public hearing notices to all owners of property within the annexation areas, 1,157 courtesy notices to property owners within 500 feet of the annexation areas, and 7 notices to four (4) Independent School Districts informing them of the annexation public hearings. 4.On December 30, 2009, staff mailed seven (7) letters to Denton, Argyle, Krum and Ponder Independent School Districts informing them of the proposed annexation and addressing any financial impact and utility rate changes that may result from the annexation in accordance with Tx.LGC 43.905. 5.On December 30, 2009, staff mailed three (3) public hearing notices by certified mail to the railroad companies that serve the City and is on the City's tax roll if the company's right-of-way is in the area proposed for annexation informing them of the annexation public hearing. 6.Staff also created an internet webpage for the proposed annexation (www.cityofdenton.com). The following information is posted on the webpage: a.A letter to the citizens of Denton explain the purpose and goal of the annexation; b.Notice of public hearings; c.Annexation schedule; and d.Annexation Service Plan; OPTIONS 1.Proceed with the annexation. 2.Amend the land area proposed for annexation. 3.Amend the Service Plan. 4.Amend the Non-Annexation Development Agreement 5.Discontinue annexation. RECOMMENDATION the areas proposed annexation and has determined that the areas are located within the designated urbanizing area; are expected to accommodate urban growth in the next twenty (20) years; and are contiguous to existing city limits, city roads and rights-of-way. All the areas are and the need to manage and coordinate development in an orderly manner is a significant City objective that the City of Denton is pursuing.Therefore, staff recommends that the public hearings proceed as scheduled. PRIOR ACTION/REVIEW (Council, Boards, Commissions) 2.Staff conducted an annexation study including a priority ranking of areas identified for potential annexation. 3.On September 1, 2009, staff presented a priority ranking of the areas proposed for annexation and received direction from the City Council to proceed with the annexation process of specific areas. 4.On December 9, 2009, staff presented the results of the annexation study, including the goals of the proposed annexation, and planning rationale of selecting the areas identified for annexation. At the conclusion of the presentation, the Planning and Zoning Commission voted unanimously to recommend annexation of the identified areas. EXHIBITS 1.Combined Proposed Annexation Area Location Map 2.Individual Annexation Are Location Map (including area survey and meets and bounds description of each area) 3.Service Plans 4.Non-Annexation Agreement 5.Notification Information 6.Annexation Schedule Prepared by: Respectfully submitted: Mark Cunningham, AICP, CPM Fred Greene Director of Planning and Development Assistant City Manager EXHIBIT I Areas Proposed for Annexation EXHIBIT 2 PAA1 South side of Jim Christal Road; north side of Tom Cole Road; west of Masch Branch Road PAA1 Area Survey I PAM PAA1 Metes and Bounds Description Beginning at a point at the Southwest corner of C Wolfe and Jim Christal whose Northing is 7129689.000 and whose Easting is 2356451.500 ; thence bearing N 1-20-16.263 E a distance of 59.516 feet, to a point; thence bearing N 89-46-14.501 E a distance of 874.617 feet, to a point; thence bearing N 89-42-6.359 E a distance of 672.509 feet, to a point; thence bearing N 89-42-58.119 E a distance of 1008.764 feet, to a point; thence bearing N 89-35-56.366 E a distance of 857.520 feet, to a point; thence bearing S 89-18-41.884 E a distance of 124.759 feet, to a point; thence bearing S 88-36-39.180 E a distance of 123.787 feet, to a point; thence bearing S 84-28-21.424 E a distance of 62.290 feet, to a point; thence bearing S 80-30-29.778 E a distance of 78.829 feet, to a point; thence bearing S 84-29-32.119 E a distance of 41.692 feet, to a point; thence bearing S 85-10-47.051 E a distance of 83.295 feet, to a point; thence bearing S 89-29-2.947 E a distance of 55.503 feet, to a point; thence bearing S 17-49-10.817 W a distance of 66.175 feet, to a point; thence bearing S 11-40-18.079 E a distance of 326.246 feet, to a point; thence bearing S 5-2-48.539 W a distance of 386.498 feet, to a point; thence bearing S 16-59-1.547 W a distance of 221.668 feet, to a point; thence bearing S 8-54-58.302 E a distance of 172.585 feet, to a point; thence bearing S 89-10-46.130 W a distance of 35.003 feet, to a point; thence bearing S 11-16-43.139 E a distance of 181.505 feet, to a point; thence bearing S 25-4-12.518 W a distance of 308.570 feet, to a point; thence bearing S 26-43-50.560 E a distance of 232.328 feet, to a point; thence bearing S 80-34-13.120 E a distance of 143.438 feet, to a point; thence bearing N 52-19-9.684 E a distance of 265.026 feet, to a point; thence bearing N 1-18-33.658 E a distance of 87.522 feet, to a point; thence bearing N 72-44-28.292 E a distance of 107.858 feet, to a point; thence bearing S 58-28-24.731 E a distance of 161.602 feet, to a point; thence bearing S 77-23-51.736 E a distance of 126.037 feet, to a point; thence bearing S 43-15-44.677 E a distance of 355.661 feet, to a point; thence bearing S 25-43-48.923 W a distance of 399.069 feet, to a point; thence bearing S 25-42-6.939 W a distance of 237.498 feet, to a point; thence bearing S 39-10-7.214 W a distance of 241.844 feet, to a point; thence bearing S 42-46-6.229 W a distance of 40.866 feet, to a point; thence bearing S 89-29-41.381 E a distance of 794.032 feet, to a point; thence bearing S 0-35-26.260 E a distance of 630.531 feet, to a point; thence bearing N 89-42-42.660 E a distance of 2385.779 feet, to a point; thence bearing S 0-24-7.380 W a distance of 1852.546 feet, to a point; thence bearing N 89-17-0.913 E a distance of 382.786 feet, to a point; thence bearing S 0-22-52.317 W a distance of 2706.346 feet, to a point; thence bearing S 89-26-14.706 W a distance of 3513.670 feet, to a point; thence bearing S 89-50-10.589 W a distance of 1750.007 feet, to a point; thence bearing N 89-16-33.764 W a distance of 1939.154 feet, to a point; thence bearing N 89-47-7.798 W a distance of 534.253 feet, to a point; thence bearing N 50-30-16.581 W a distance of 53.456 feet, to a point; thence bearing N 15-15-18.996 W a distance of 74.113 feet, to a point; thence bearing N 1-10-32.656 E a distance of 134.028 feet, to a point; thence bearing N 5-27-55.914 W a distance of 162.740 feet, to a point; thence bearing N 2-9-50.674 W a distance of 172.123 feet, to a point; thence bearing N 14-2-13.376 W a distance of 67.001 feet, to a point; thence bearing N 26-10-10.859 W a distance of 259.056 feet, to a point; thence bearing N 22-53-4.501 W a distance of 66.211 feet, to a point; thence bearing N 8-35-1.855 W a distance of 80.400 feet, to a point; thence bearing N 8-2-32.283 W a distance of 69.687 feet, to a point; thence bearing N 18-59-23.361 W a distance of 130.608 feet, to a point; thence bearing N 11-22-45.968 W a distance of 81.094 feet, to a point; thence bearing N 14-42-53.963 W a distance of 71.856 feet, to a point; thence bearing N 0-23-33.124 E a distance of 1423.534 feet, to a point; thence bearing N 0-58-28.118 E a distance of 2454.855 feet, to a point; thence bearing N 1-1-13.820 E a distance of 2638.918 feet to the Point of Beginning Totaling 1,171 acres (snore or less). EXHIBIT 3 PAA2S South side of FM 11731; north of W. University Drive; west of I-35 PAA2S Area Survey L' =1 PAA2 PAA2S Metes and Bounds Description of PAA2 South Beginning at a point at the Southeast corner of FM 1173 and the KCS RR Right-of-way whose Northing is 7143750.157 and whose Easting is 2368107.853 ; thence bearing S 22-46-40.974 E a distance of 1860.040 feet, to a point; thence bearing S 88-58-0.637 E a distance of 3424.574 feet, to a point; thence bearing S 3-24-56.072 E a distance of 1099342 feet, to a point; thence bearing N 89-45-44.664 W a distance of 168.967 feet, to a point; thence bearing S 0-14-12.183 E a distance of 1242.118 feet, to a point; thence bearing S 0-53-15.946 W a distance of 610.617 feet, to a point; thence bearing S 89-44-59.684 W a distance of 1911.065 feet, to a point; thence bearing S 0-51-50.067 E a distance of 1201.586 feet, to a point; thence bearing S 22-14-47.998 E a distance of 350.668 feet, to a point; thence bearing S 25-30-25.019 E a distance of 550.038 feet, to a point; thence bearing S 29-43-54.769 E a distance of 373.473 feet, to a point; thence bearing S 33-0-1.477 E a distance of 639.036 feet, to a point; thence bearing N 89-56-59.926 W a distance of 2792.668 feet, to a point; thence bearing S 0-4-10.409 W a distance of 2677.002 feet, to a point; thence bearing N 88-0-56.578 W a distance of 1530.668 feet, to a point; thence bearing N 0-11-26.554 W a distance of 3455.019 feet, to a point; thence bearing N 51-34-30.700 W a distance of 57.121 feet, to a point; thence bearing S 89-58-5.225 W a distance of 898.500 feet, to a point; thence bearing S 0-0-22.779 W a distance of 2262.500 feet, to a point; thence bearing N 89-4-52.207 W a distance of 1153.648 feet, to a point; thence bearing S 0-30-12.147 W a distance of 967.537 feet, to a point; thence bearing N 87-55-54.510 W a distance of 1382.886 feet, to a point; thence bearing N 0-20-37.819 W a distance of 3227.629 feet, to a point; thence bearing N 0-16-50.641 E a distance of 1406.370 feet, to a point; thence bearing N 0-15-16.872 W a distance of 825.173 feet, to a point; thence bearing N 0-9-46.580 E a distance of 2797.996 feet, to a point; thence bearing N 89-43-32.484 W a distance of 4326 feet, to a point; thence bearing N 0-25-3.822 W a distance of 513.013 feet, to a point; thence bearing S 89-47-50.944 E a distance of 424.494 feet, to a point; thence bearing N 0-20-16.226 E a distance of 1272.023 feet, to a point; thence bearing S 89-47-56.882 E a distance of 713.004 feet, to a point; thence bearing S 87-44-38.265 E a distance of 1143.136 feet, to a point; thence bearing S 88-17-57.055 E a distance of 963338 feet, to a point; thence bearing S 87-59-17.581 E a distance of 1545391 feet to the Point of Beginning Totaling 1,472 acres (snore or less). EXHIBIT 4 PAA3 South side of Ganzer Road; north and south of Barthold Road; north of FM 1173; west of I-35 PAA3 L~gend Annexation Area 1 C~~ a-s P,ic=s PAA3 Area Survey - Vv, PAA3 J PAA3 Metes and Bounds Description Beginning at a point at the intersection of FM 1173 and the east side of the KCS RR Right-of- way whose Northing is 7143792.613 and whose Easting is 2368073306 ; thence bearing N 22-2-29.770 W a distance of 45.722 feet, along the KCS RR Right-of-way to a point; thence bearing N 22-42-12.240 W a distance of 3287.662 feet, along the KCS RR Right-of-way to a point; thence bearing N 24-45-28.682 W a distance of 1985.196 feet, along the KCS RR Right-of-way to a point; thence bearing N 27-31-42.288 W a distance of 2100.730 feet, along the KCS RR Right-of-way to a point; thence bearing N 27-42-44.545 W a distance of 2088.896 feet, along the KCS RR Right-of-way to a point on the South side of Ganzler West; thence bearing N 89-34-36.871 E a distance of 815.649 feet, along the South side of Ganzler West to a point; thence bearing S 89-46-30.496 E a distance of 2138.907 feet, along the South side of Ganzler West to a point; thence bearing S 89-54-49.745 E a distance of 4771.056 feet, along the South side of Ganzler West to a point; thence bearing S 75-58-55.612 E a distance of 229.854 feet, to a point; thence bearing S 1-7-7.926 E a distance of 6383305 feet, to a point; thence bearing S 2-42-51.227 E a distance of 518.648 feet, to a point; thence bearing S 0-3-3.747 W a distance of 39.951 feet, to a point; thence bearing N 89-40-1.676 W a distance of 2392.118 feet, to a point; thence bearing S 0-21-51.605 W a distance of 1605.487 feet, to a point; thence bearing S 0-29-12.632 W a distance of 57.428 feet, to a point; thence bearing N 87-45-16.859 W a distance of 1636.451 feet to the Point of Beginning Totaling 1,075 acres (snore or less). EXHIBIT 5 PAA4 South side of Milam Road; north of Loop 288; east of I-35 Half Mile Courtesy Notice Boundary i PAA4 Area Proposed for Annexation 1,558 111 Acres PAA4 s Annexation '°t°'~NTC)N' Area PAA4 Area Survey J. PAA4 ( I U l~ j,311~E'f I' PAA4 Metes and Bounds Description Beginning at a point on the South side of FM 3103, at the Northwest corner of the parcel; thence bearing S 87-51-29.451 E a distance of 588.662 feet, to a point; thence bearing N 89-52-24340 E a distance of 1067.179 feet, to a point; thence bearing N 89-54-17.426 E a distance of 2193.075 feet, to a point; thence bearing S 85-11-25.089 E a distance of 310.092 feet, to a point; thence bearing S 0-16-4.113 W a distance of 1605.019 feet, to a point; thence bearing S 0-17-15.417 W a distance of 1394.016 feet, to a point; thence bearing S 89-52-43.884 E a distance of 1419.253 feet, to a point; thence bearing S 89-12-38.705 E a distance of 1234.117 feet, to a point; thence bearing S 3-8-39.775 E a distance of 1481.230 feet, to a point; thence bearing S 0-42-39.962 E a distance of 3323.757 feet, to a point; thence bearing N 89-12-10.426 W a distance of 575.055 feet, to a point; thence bearing S 89-22-27.238 W a distance of 2105.875 feet, to a point; thence bearing S 0-42-56.602 E a distance of 40.004 feet, to a point; thence bearing S 89-26-32.783 W a distance of 976.296 feet, to a point; thence bearing S 0-34-20.965 W a distance of 1926.596 feet, to a point; thence bearing S 88-36-17.433 E a distance of 1519.700 feet, to a point; thence bearing S 1-59-13.141 W a distance of 158.595 feet, to a point; thence bearing S 89-29-12.097 E a distance of 502.271 feet, to a point; thence bearing S 0-37-27.834 W a distance of 1766.605 feet, to a point; thence bearing N 89-42-34.469 W a distance of 296.003 feet, to a point; thence bearing S 0-43-40.097 W a distance of 1810.646 feet, to a point; thence bearing N 89-36-16.212 W a distance of 289.757 feet, to a point; thence bearing S 0-29-45.674 W a distance of 462.017 feet, to a point; thence bearing S 89-37-47.791 W a distance of 1548.282 feet, to a point; thence bearing N 57-2-30.674 W a distance of 1096.454 feet, to a point; thence bearing N 0-18-44.001 E a distance of 1697.524 feet, to a point; thence bearing N 0-1-42.257 E a distance of 502.501 feet, to a point; thence bearing S 89-27-40.813 E a distance of 1010.546 feet, to a point; thence bearing N 0-33-29.757 E a distance of 564.527 feet, to a point; thence bearing N 89-44-24.826 W a distance of 3211.127 feet, to a point; thence bearing N 1-8-46.697 W a distance of 1966.362 feet, to a point; thence bearing N 1-24-25.943 W a distance of 3148.422 feet, to a point; thence bearing N 89-52-54.740 W a distance of 242.501 feet, to a point; thence bearing N 0-7-49.191 E a distance of 2725.098 feet, to a point; thence bearing N 0-32-39.594 E a distance of 1159.653 feet, to a point; thence bearing N 0-32-31.773 E a distance of 1031.613 feet, to a point; thence bearing S 89-38-31.929 E a distance of 201.526 feet, to a point; thence bearing N 0-15-53.741 E a distance of 432.505 feet, to a point; thence bearing S 89-4-17.890 E a distance of 154.271 feet, to a point; thence bearing N 0-15-37.421 E a distance of 275.003 feet to the Point of Beginning Totaling 1,555 acres (more or less). EXHIBIT 6 DH-1 East of H. Lively Road; south of FM 2449; west side of John Paine Road DH-1 Area Survey DH-1 Metes and Bounds Description Beginning at a point on the East side of John Paine whose Northing is 7107068.027 and whose Easting is 2368515.920 ; thence bearing S 89-58-11.967 W a distance of 50.919 feet, to a point on the West side of John Paine; thence bearing N 0-14-0.885 W a distance of 2698.521 feet, along the west Right of Way of John Paine to a point ; thence bearing S 88-55-19.287 W a distance of 2471.688, feet, to a point; thence bearing S 89-31-13.670 W a distance of 657.022, feet, to a point; thence bearing N 0-25-42.181 W a distance of 2210.746 feet, to a point; thence bearing N 89-24-36.065 E a distance of 224.790 feet, to a point; thence bearing N 0-3-43.331 E a distance of 1615.502 feet, to a point; thence bearing S 88-54-17.294 W a distance of 4604.090 feet, to a point; thence bearing S 0-28-32.493 E a distance of 692.523 feet, to a point; thence bearing S 88-21-58.780 W a distance of 1122.456 feet, to a point; thence bearing N 0-28-3.750 W a distance of 704.525 feet, to a point; thence bearing S 89-2-44.916 W a distance of 2552.103 feet, to a point at the Southeast corner of C Wolfe and FM 2499; thence bearing N 2-55-4.230 E a distance of 103.132 feet, to a point at the Northeast corner of C Wolfe and FM 2499; thence bearing N 89-9-0.039 E a distance of 5190.571 feet, along FM 2499, to a point; thence bearing N 88-52-29.176 E a distance of 3106.348 feet, to a point thence bearing S 89-38-33.626 E a distance of 882.017 feet, to a point thence bearing N 89-44-42.650 E a distance of 2023.520 feet, to a point; thence bearing S 0-0-0.000 E a distance of 15.499 feet, to a point; thence bearing N 89-48-0.674 E a distance of 270.576 feet, to a point; thence bearing S 43-52-25.504 W a distance of 355.049 feet, to a point ; thence bearing S 0-14-17.031 E a distance of 6298.528 feet to the Point of Beginning, Totaling 315 acres (more or less). EXHIBIT 7 DH-2 South side of University Drive; west and east sides of Thomas J. Egan Road; north of Jim Christal Road; west of Masch Branch Road DH-2 Area Survey DH-2 Metes and Bounds Description Beginning at a point whose Northing is 7132981.752 and whose Easting is 2359514.554 ; thence bearing S 88-34-2.028 E a distance of 444.692 feet, to a point; thence bearing S 87-49-10.003 E a distance of 5585.032 feet, to a point; thence bearing S 0-16-22.126 W a distance of 3551.151 feet, to a point; thence bearing N 87-25-41.430 W a distance of 579.021 feet, to a point; thence bearing N 87-51-40.547 W a distance of 535.872 feet, to a point; thence bearing N 75-40-56.055 W a distance of 111.205 feet, to a point thence bearing N 0-1-49.274 E a distance of 473.000 feet, to a point; thence bearing N 89-53-28.873 E a distance of 791.251 feet, to a point; thence bearing N 0-39-1.617 W a distance of 1013.064 feet, to a point; thence bearing S 89-47-37.415 E a distance of 138.752 feet, to a point; thence bearing N 0-7-7.721 E a distance of 1686.504 feet, to a point; thence bearing N 89-38-59.760 W a distance of 2618.798 feet, to a point; thence bearing S 0-11-57.296 E a distance of 3028.201 feet, to a point; thence bearing S 89-28-24351 W a distance of 959.820 feet, to a point; thence bearing S 89-33-20.026 W a distance of 193.007 feet, to a point; thence bearing N 70-38-4.733 W a distance of 107.057 feet, to a point; thence bearing N 64-20-40.832 W a distance of 147.823 feet, to a point; thence bearing N 66-59-8.151 W a distance of 184.158 feet, to a point; thence bearing N 49-4-11.599 W a distance of 94.638 feet, to a point; thence bearing N 58-6-33.938 W a distance of 119.250 feet, to a point; thence bearing N 10-18-17.864 W a distance of 156.524 feet, to a point; thence bearing N 9-20-36323 W a distance of 120.094 feet, to a point; thence bearing N 9-24-6.187 W a distance of 232.624 feet, to a point; thence bearing N 9-0-17.205 W a distance of 627.738 feet, to a point; thence bearing N 9-34-36.609 W a distance of 123.217 feet, to a point; thence bearing N 9-56-13.509 W a distance of 139.087 feet, to a point; thence bearing S 89-37-8.481 W a distance of 1128.023 feet, to a point; thence bearing N 0-5-15.162 W a distance of 164.000 feet, to a point; thence bearing S 83-32-21.804 W a distance of 13334 feet, to a point; thence bearing N 0-3-53.583 W a distance of 1718.253 feet to the Point of Beginning, Totaling 258 acres (more or less). EXHIBIT 8 DH-3 South side of Spring Side Road; north, south and west of Corbin Road; west of I-35 DH-3 Area Survey F.M. 1515 - a C~ DH-3 Metes and Bounds Description Beginning at a point on the South side of Corbin, west of Interstate 35 whose Northing is 7117285381 and whose Easting is 2374166.459 ; thence bearing S 24-40-37.794 W a distance of 1442.845 feet, to a point; thence bearing S 27-13-18.485 W a distance of 1883.958 feet, to a point; thence bearing N 63-40-41.752 W a distance of 1107.264 feet, to a point; thence bearing S 89-52-7.882 W a distance of 1808.171 feet, to a point on the East side of Underwood; thence bearing N 0-52-15.276 E a distance of 368.699 feet, along Underwood, to a point; thence bearing N 3-19-36.584 E a distance of 659.112 feet, along Underwood, to a point; thence bearing N 6-6-22.584 W a distance of 115.152 feet, along Underwood, to a point; thence bearing N 2-48-23.605 W a distance of 153.184 feet, along Underwood, to a point; thence bearing N 1-38-11.219 E a distance of 87.536 feet, along Underwood, to a point; thence bearing N 1-39-56.961 E a distance of 86.037 feet, along Underwood, to a point; thence bearing N 7-20-7.715 E a distance of 135.105 feet, along Underwood, to a point; thence bearing N 2-12-19.662 E a distance of 376.779 feet, along Underwood, to a point; thence bearing N 0-55-18.228 W a distance of 1787.232 feet, along Underwood, to a point at the Southeast corner of Underwood and Springway; thence bearing N 89-46-25.044 E a distance of 1771.514 feet, along the South side of Springway, to a point; thence bearing S 89-56-39.501 E a distance of 50.067 feet, along the South side of Springway, to a point at the Southeast corner of Springway and Corbin; thence bearing N 0-12-33.158 W a distance of 18.549 feet, along the East side of Corbin to a point; thence bearing N 0-3-30.136 W a distance of 1963.001 feet, along the East side of Corbin to a point; thence bearing N 89-59-9.284 E a distance of 2031.253 feet, to a point; thence bearing S 0-3-44.261 E a distance of 3218.001 feet, to a point; thence bearing N 89-52-15.775 E a distance of 377.034 feet, to a point; thence bearing S 2-10-43.868 E a distance of 37.495 feet to the Point of Beginning, Totaling 421 acres (more or less). EXHIBIT 9 DH-4 East side of Bonnie Brae Street; west of Fort Worth Drive; east and west of Vintage DH-4 Area Survey - - - t' t DH-4 Metes and Bounds description Beginning at a point at the most southerly point of the Parcel; thence bearing S 27-33-15.748 W a distance of 3863.223 feet, to a point; thence bearing N 0-16-59.586 W a distance of 557.971 feet, to a point; thence bearing S 88-39-35.972 W a distance of 22.920 feet, to a point; thence bearing N 2-33-29.382 W a distance of 22.120 feet, to a point; thence bearing N 1-3-12.880 W a distance of 3263.051 feet, to a point; thence bearing N 2-1-1.678 W a distance of 550.164 feet, to a point; thence bearing N 2-1-0.688 W a distance of 387.417 feet, to a point; thence bearing N 0-57-16.578 W a distance of 1665.733 feet, to a point; thence bearing N 3-20-14.187 W a distance of 60.101 feet, to a point; thence bearing N 89-11-8.700 E a distance of 3201.823 feet, to a point; thence bearing N 0-35-20.560 W a distance of 2310.121 feet, to a point; thence bearing S 83-3-4.615 E a distance of 90.918 feet, to a point; thence bearing S 78-12-21.285 E a distance of 46.480 feet, to a point; thence bearing S 72-58-48.385 E a distance of 51.244 feet, to a point; thence bearing S 79-49-4.622 E a distance of 42.421 feet, to a point; thence bearing S 43-58-3.456 E a distance of 68.776 feet, to a point; thence bearing S 52-33-37.104 E a distance of 40.301 feet, to a point; thence bearing S 43-40-5.855 E a distance of 38.018 feet, to a point; thence bearing S 40-51-41.796 E a distance of 41.652 feet, to a point; thence bearing S 62-52-52.048 E a distance of 46.064 feet, to a point; thence bearing S 70-37-26.808 E a distance of 48.233 feet, to a point; thence bearing S 77-3-11.060 E a distance of 44.634 feet, to a point; thence bearing S 72-46-21.905 E a distance of 33.766 feet, to a point; thence bearing S 88-37-44.672 E a distance of 41.762 feet, to a point; thence bearing S 84-55-8.435 E a distance of 33.883 feet, to a point; thence bearing N 87-20-5.196 E a distance of 43.046 feet, to a point; thence bearing N 84-54-21.954 E a distance of 39.406 feet, to a point; thence bearing N 74-34-41.195 E a distance of 37.605 feet, to a point; thence bearing N 86-4-41.369 E a distance of 43.853 feet, to a point; thence bearing N 84-41-15.910 E a distance of 43.185 feet, to a point; thence bearing N 85-1-33.940 E a distance of 23.087 feet, to a point; thence bearing S 50-54-27.413 E a distance of 30.923 feet, to a point; thence bearing S 34-10-39.926 E a distance of 48.955 feet, to a point; thence bearing S 29-35-1.426 E a distance of 55.196 feet, to a point; thence bearing S 1-3-41.170 E a distance of 40.507 feet, to a point; thence bearing S 13-3-32.850 E a distance of 49.788 feet, to a point; thence bearing S 2-44-22.362 E a distance of 47.053 feet, to a point; thence bearing S 17-6-9.357 E a distance of 47.606 feet, to a point; thence bearing S 23-55-56.016 E a distance of 48.686 feet, to a point; thence bearing S 22-7-30.325 E a distance of 57.752 feet, to a point; thence bearing S 13-35-8.732 E a distance of 61.728 feet, to a point; thence bearing S 7-59-56.637 E a distance of 77.252 feet, to a point; thence bearing S 6-41-32.627 E a distance of 49336 feet, to a point; thence bearing S 12-36-59.808 E a distance of 53.799 feet, to a point; thence bearing S 10-2-7.737 E a distance of 57378 feet, to a point; thence bearing S 10-43-27.731 E a distance of 67.172 feet, to a point; thence bearing S 8-43-47.924 E a distance of 64.245 feet, to a point; thence bearing S 10-21-25.306 E a distance of 73.699 feet, to a point; thence bearing S 10-47-42.603 E a distance of 60.064 feet, to a point; thence bearing S 6-24-17.566 E a distance of 49307 feet, to a point; thence bearing S 16-30-10.853 E a distance of 56320 feet, to a point; thence bearing S 18-2-7.258 E a distance of 67.832 feet, to a point; thence bearing S 20-15-21.695 E a distance of 67.155 feet, to a point; thence bearing S 23-6-14.727 E a distance of 59.251 feet, to a point; thence bearing S 21-50-24.781 E a distance of 67.873 feet, to a point; thence bearing S 28-29-43.499 E a distance of 59.737 feet, to a point; thence bearing S 24-30-48.041 E a distance of 68.690 feet, to a point; thence bearing S 15-54-29.645 E a distance of 51.992 feet, to a point; thence bearing S 25-17-50.324 E a distance of 70.789 feet, to a point; thence bearing S 21-47-57.326 E a distance of 43.081 feet, to a point; thence bearing S 16-3-15.166 E a distance of 55.151 feet, to a point; thence bearing S 8-53-51.949 E a distance of 50.102 feet, to a point; thence bearing S 16-59-26.935 E a distance of 65.875 feet, to a point; thence bearing S 14-24-24.570 E a distance of 56.270 feet, to a point; thence bearing S 11-23-45.941 E a distance of 65.797 feet, to a point; thence bearing S 8-22-39.635 E a distance of 65.196 feet, to a point; thence bearing S 20-2-25.224 E a distance of 64.931 feet, to a point; thence bearing S 5-6-13.328 E a distance of 42.168 feet, to a point; thence bearing S 39-5-45.574 W a distance of 677.112 feet, to a point; thence bearing S 42-31-25.721 W a distance of 898.489 feet, to a point; thence bearing S 45-8-9.563 W a distance of 164.579 feet, to a point; thence bearing S 41-5-1.671 W a distance of 291.500 feet, to a point; thence bearing S 43-46-55.460 W a distance of 856.679 feet, to a point; thence bearing S 42-15-37.319 W a distance of 351.302 feet, to a point; thence bearing S 38-51-27.543 W a distance of 259.406 feet, to a point; thence bearing S 35-2-44.802 W a distance of 175.888 feet, to a point; thence bearing S 88-45-32.518 W a distance of 346332 feet, to a point; thence bearing S 30-5-40.892 W a distance of 542.972 feet, to a point; thence bearing N 87-54-13.986 E a distance of 404.031 feet to the Point of Beginning Totaling 347 acres (snore or less). EXHIBIT 10 DH-5 East side of Fort Worth Drive; west of Country Club Drive; north of Bush Creek Road DH-5 Area Survey - - u~. 1 I ti ti VV Ryan Rc DH-5 Metes and Bounds Description Beginning at a point on the East side of Fort Worth Drive whose Northing is 7107925.000 and whose Easting is 2378481.000 ; thence bearing N 37-57-3.018 E a distance of 265.048 feet, to a point; thence bearing N 39-41-33.963 E a distance of 64.977 feet, to a point; thence bearing N 42-57-19.119 E a distance of 1453.637 feet, to a point; thence bearing S 89-43-3.814 E a distance of 783.862 feet, to a point; thence bearing N 44-46-15.958 E a distance of 816.937 feet, to a point; thence bearing S 28-23-3.098 E a distance of 70.471 feet, to a point; thence bearing S 34-31-23.972 E a distance of 95.279 feet, to a point; thence bearing S 41-18-33.874 E a distance of 87.863 feet, to a point; thence bearing S 39-7-57.273 E a distance of 70.905 feet, to a point; thence bearing S 33-49-20.571 E a distance of 120.372 feet, to a point; thence bearing S 56-35-20.165 E a distance of 85.355 feet, to a point; thence bearing S 80-0-22.928 E a distance of 57.625 feet, to a point; thence bearing S 0-22-8.161 E a distance of 970.520 feet, to a point; thence bearing N 89-49-28.434 E a distance of 2612.763 feet, to a point on the West side of Country Club Road; thence bearing S 1-1-5.602 E a distance of 1491.236 feet, to a point; thence bearing S 89-42-52.433 W a distance of 501.755 feet, to a point; thence bearing S 0-24-31.639 W a distance of 455.511 feet, to a point; thence bearing S 89-22-57.563 E a distance of 510.529 feet, to a point; thence bearing S 0-48-25.186 E a distance of 639.064 feet, to a point; thence bearing S 1-0-56.302 E a distance of 352.555 feet, to a point; thence bearing S 3-13-28.380 E a distance of 71.112 feet, to a point; thence bearing S 7-10-54.983 E a distance of 64.002 feet, to a point; thence bearing S 7-46-49.917 E a distance of 81.248 feet, to a point; thence bearing S 3-46-48.508 E a distance of 140.305 feet, to a point; thence bearing S 0-16-10.629 W a distance of 106.502 feet, to a point; thence bearing S 3-39-47.714 W a distance of 82.167 feet, to a point; thence bearing S 6-42-34.585 W a distance of 179.732 feet, to a point; thence bearing S 0-4-49.098 E a distance of 1070.501 feet, to a point; thence bearing S 3-51-13.578 W a distance of 193.437 feet, to a point; thence bearing S 12-26-58.442 W a distance of 39.427 feet, to a point; thence bearing S 17-29-10.708 W a distance of 38.268 feet, to a point; thence bearing S 25-40-14.070 W a distance of 71.564 feet, to a point; thence bearing S 36-10-44.376 W a distance of 41.504 feet, to a point; thence bearing S 39-18-25.435 W a distance of 58.803 feet, to a point; thence bearing S 47-52-17.387 W a distance of 52.923 feet, to a point; thence bearing S 44-11-9.777 W a distance of 74.607 feet, to a point; thence bearing S 68-11-53.260 W a distance of 37.696 feet, to a point; thence bearing S 58-32-50.842 W a distance of 412.040 feet, to a point; thence bearing S 89-12-47.933 W a distance of 655.562 feet, to a point; thence bearing N 1-3-16.087 W a distance of 2635.447 feet, to a point; thence bearing S 89-31-51.093 W a distance of 1282.542 feet, to a point; thence bearing N 0-0-0.000 E a distance of 2604.501 feet, to a point; thence bearing N 90-0-0.000 W a distance of 75.002 feet, to a point; thence bearing S 88-44-19.138 W a distance of 1249302 feet, to a point; thence bearing S 4-52-25.690 W a distance of 194.203 feet, to a point; thence bearing S 88-19-53.726 W a distance of 1682.964 feet to the Point of Beginning Totaling 307 acres (snore or less). EXHIBIT II DH-6 East side of Teasley Lane; north of Hickory Creek Road; west of Lipizzan Court Half Mile Courtesy Notice Boundary DH6 Area Proposed for Annexation 9.12 Acres DH6 Annexation s wr~;*r Area 9.12 Acres: 2 Parcels o DH-6 Area Survey - LIELFEEF- T- - I 1111 t-~Ci ~ _ II 7~ - r,, u Lj. If , I - --gym r _ t E L DH 6 POiPIt Of e0ir7ning Hickory Creek Rd TITClT1h _____n C T ~Tj- gym C C C_! t,~~11111I~11iIiilliii CL~CLC n _ C =1 1 ~~-rl TT 1 P~~9'ant~~ito l LL - _ 1 T - DH-6 Metes and Bounds Description Beginning at a point on the East side of Teasley Lane;; thence bearing N 1-30-49.289 W a distance of 535.127 feet along Teasely Lane, to a point; thence bearing N 89-49-57.560 E a distance of 727.402 feet, to a point; thence bearing S 4-12-21.540 W a distance of 599.825 feet, to a point; thence bearing N 84-46-47.648 W a distance of 672.058 feet to the Point of Beginning Totaling 9 acres (more or less). EXHIBIT 12 DH-8 West of Old Edwards Road; north and south of Edwards Road DH-8 Area Survey DH-8 Metes and Bounds Description Beginning at a point on Edwards Road whose Northing is 7114646.443 and whose Easting is 2401662.349 ; thence bearing N 0-53-45.698 E a distance of 707392 feet, to a point; thence bearing S 88-17-31.252 E a distance of 965.049 feet, to a point; thence bearing S 86-41-32.877 E a distance of 49.821 feet, to a point; thence bearing S 1-37-5.948 W a distance of 252.961 feet, to a point; thence bearing S 3-42-42.299 E a distance of 33.779 feet, to a point; thence bearing S 8-10-27.062 E a distance of 38.686 feet, to a point; thence bearing S 10-48-17.440 E a distance of 38.247 feet, to a point; thence bearing S 10-48-17.440 E a distance of 281.929 feet, to a point; thence bearing S 34-53-25.666 E a distance of 33.070 feet, to a point; thence bearing S 65-48-24.132 E a distance of 35.082 feet, to a point; thence bearing S 68-32-37.907 E a distance of 15.377 feet, to a point; thence bearing S 87-21-5.029 E a distance of 467.937 feet, to a point; thence bearing S 88-45-27.867 E a distance of 779.731 feet, to a point; thence bearing S 2-10-1.022 W a distance of 609.531 feet, to a point; thence bearing N 88-8-43.664 W a distance of 836.950 feet, to a point; thence bearing N 2-23-53.153 E a distance of 561.907 feet, to a point; thence bearing N 87-57-30.900 W a distance of 407.091 feet, to a point; thence bearing N 83-29-55.127 W a distance of 44.139 feet, to a point; thence bearing N 67-30-43.951 W a distance of 18.737 feet, to a point; thence bearing N 62-9-1.137 W a distance of 17.430 feet, to a point; thence bearing S 88-42-24.166 W a distance of 113.368 feet, to a point; thence bearing N 87-45-50.590 W a distance of 966.137 feet to the Point of Beginning Totaling 29 acres (more or less). EXHIBIT 13 DH-10 South side of East McKinney; east and west of Lakey Circle Half Mile Courtesy Notice Boundary DH-10 Area Survey I T - a -a , " Point of Beginning DH-10 Metes and Bounds Description Beginning at a point at the Southeast portion of the parcel whose Northing is 7118467.000 and whose Easting is 2410357.250 ; thence bearing S 88-35-2.098 W a distance of 1497.207 feet ; thence bearing N 1-15-6.120 E a distance of 2849.680 feet ; thence bearing S 67-15-8.699 E a distance of 1630.581 feet ; thence bearing S 1-49-5.521 W a distance of 2182.599 feet ; thence bearing S88-43-24 W a distance of 0.118 feet to the Point of Beginning Totaling 87 acres (snore or less). EXHIBIT 14 DH-11 Southeast of the intersection of Mayhill Road and McKinney Street 386.70 Acres: 14 Parcels DH-11 Area Survey DH-11 Metes and Bounds Description Beginning at a point on the East side of South Mayhill Road whose Northing is 7123334.000 and whose Easting is 2401517.750 ; thence bearing N 1-37-24.904 E a distance of 873.601 feet, to a point; thence bearing N 1-50-50.604 E a distance of 488.504 feet, to a point; thence bearing N 5-10-0.795 E a distance of 977.557 feet, to a point; thence bearing N 6-13-58.917 E a distance of 224.684 feet, to a point; thence bearing S 75-53-51.910 E a distance of 212.955 feet, to a point; thence bearing S 75-17-6.093 E a distance of 196.429 feet, to a point; thence bearing S 74-34-19.551 E a distance of 196.429 feet, to a point; thence bearing S 73-51-33.450 E a distance of 196.430 feet, to a point; thence bearing S 73-8-47.186 E a distance of 196.429 feet, to a point; thence bearing S 72-26-1.272 E a distance of 196.429 feet, to a point; thence bearing S 71-43-14.788 E a distance of 196.429 feet, to a point; thence bearing S 71-0-28.676 E a distance of 196.429 feet, to a point; thence bearing S 70-17-42.308 E a distance of 196.429 feet, to a point; thence bearing S 72-55-26.171 E a distance of 253.821 feet, to a point; thence bearing S 2-40-40.283 W a distance of 1076.939 feet, to a point; thence bearing S 87-45-46.979 E a distance of 169.259 feet, to a point; thence bearing S 2-32-54.912 W a distance of 796.971 feet, to a point; thence bearing S 87-7-52.447 E a distance of 803.440 feet, to a point; thence bearing N 2-45-13.164 E a distance of 1445.283 feet, to a point; thence bearing S 61-43-40.563 E a distance of 884.162 feet, to a point; thence bearing S 53-16-16.402 E a distance of 1081.599 feet, to a point; thence bearing N 83-11-36.105 E a distance of 48.349 feet, to a point; thence bearing S 52-16-27.439 E a distance of 1326.672 feet, to a point; thence bearing S 1-55-14.385 W a distance of 4205.824 feet, to a point; thence bearing S 84-29-4.396 W a distance of 452.596 feet, to a point; thence bearing N 15-5-26.078 W a distance of 672.180 feet, to a point; thence bearing N 69-6-49.587 W a distance of 81.346 feet, to a point; thence bearing S 43-32-35.993 W a distance of 83.465 feet, to a point; thence bearing N 73-31-25.279 W a distance of 111.061 feet, to a point; thence bearing N 25-21-39.693 W a distance of 319.270 feet, to a point; thence bearing N 68-53-42.009 W a distance of 45.823 feet, to a point; thence bearing S 33-41-25.239 W a distance of 59.493 feet, to a point; thence bearing S 4-58-26.794 E a distance of 123.967 feet, to a point; thence bearing S 26-54-31.769 W a distance of 37.008 feet, to a point; thence bearing N 88-35-11.901 W a distance of 547.417 feet, to a point; thence bearing N 8-10-33.530 E a distance of 111.633 feet, to a point; thence bearing N 69-26-19.421 E a distance of 67.864 feet, to a point; thence bearing N 5-53-57.227 E a distance of 69.608 feet, to a point; thence bearing N 80-42-11.678 W a distance of 149.661 feet, to a point; thence bearing N 48-56-5.112 W a distance of 87.701 feet, to a point; thence bearing N 2-43-24.611 W a distance of 142.870 feet, to a point; thence bearing N 39-14-32.584 E a distance of 152.830 feet, to a point; thence bearing N 4-58-42.513 E a distance of 87.645 feet, to a point; thence bearing N 44-59-60.000 E a distance of 92.985 feet, to a point; thence bearing N 44-9-10.451 E a distance of 127.804 feet, to a point; thence bearing N 22-59-48.805 W a distance of 73.656 feet, to a point; thence bearing N 24-48-52.523 E a distance of 240.510 feet, to a point; thence bearing N 51-32-2.415 E a distance of 150.894 feet, to a point; thence bearing N 6-16-0.726 E a distance of 126338 feet, to a point; thence bearing N 18-24-52.447 W a distance of 115.147 feet, to a point; thence bearing N 81-9-49.607 W a distance of 60.216 feet, to a point; thence bearing N 44-11-52.888 W a distance of 330.313 feet, to a point; thence bearing S 85-29-21.803 W a distance of 167.750 feet, to a point; thence bearing N 52-12-34.131 W a distance of 133.133 feet, to a point; thence bearing N 25-51-46.655 W a distance of 163.416 feet, to a point; thence bearing N 6-48-32.457 E a distance of 127.684 feet, to a point; thence bearing N 27-36-38.479 W a distance of 139.687 feet, to a point; thence bearing N 78-33-35.678 W a distance of 219.000 feet, to a point; thence bearing N 50-57-31.018 W a distance of 205.196 feet, to a point; thence bearing S 75-3-24.611 W a distance of 105.195 feet, to a point; thence bearing S 62-19-55.146 W a distance of 184.633 feet, to a point; thence bearing S 75-17-20.807 W a distance of 330304 feet, to a point; thence bearing N 37-9-26.750 W a distance of 159336 feet, to a point; thence bearing N 89-28-51.633 W a distance of 110.505 feet, to a point; thence bearing N 35-5-5.791 W a distance of 378.833 feet, to a point; thence bearing N 10-19-17.022 E a distance of 159.075 feet, to a point; thence bearing N 31-52-6.432 W a distance of 176.624 feet, to a point; thence bearing N 13-11-40.567 W a distance of 214.667 feet, to a point; thence bearing N 3-17-14.603 E a distance of 265.936 feet, to a point; thence bearing N 7-44-39.149 E a distance of 63.077 feet, to a point; thence bearing N 59-31-31.089 W a distance of 321.401 feet, to a point; thence bearing N 48-28-24.576 W a distance of 110.864 feet, to a point; thence bearing N 27-5-43.653 W a distance of 96.603 feet, to a point; thence bearing N 18-58-13.059 W a distance of 110.007 feet, to a point; thence bearing N 88-14-14.687 W a distance of 315.889 feet, to a point; thence bearing N 87-50-11.111 W a distance of 1410.506 feet to the Point of Beginning Totaling 388 acres (more or less). EXHIBIT 15 DH-13 West of the intersection of N. Locust Street and Bobcat Road; south of Chaparral Road DH13 Annexation Area 16.16 Acres: 2 Parcels r 1 . DH-13 Area Survey F.M. 3103 Milan dE l ((o l~ N 88-50-22 E N 89-48-11 E 740.852ft. 435.5031. S 1-39-7 ~07.089ft. N 89-25-13 1 ;.956ft. ~I N 1-9-30'+x` 54.11 ft.l DH 1 1---- - N 89-11-541J' 71.508tt_ 89-12-59 t 8.19ft. N 89-55-53 W 608.319ft. DH-13 Metes and Bounds Description Beginning at a point approximately 540 feet west of Locust Street and 425 feet south of Bobcat, and which is located at the South East corner of the Parcel: thence bearing N 89-56-53302 W a distance of 608.319 feet, to a point; thence bearing S 89-12-59.271 W a distance of 658.190 feet, to a point; thence bearing N 89-11-53.397 W a distance of 71.508 feet, to a point; thence bearing N 1-9-30.001 W a distance of 544.110 feet, to a point; thence bearing N 88-50-22.133 E a distance of 740.652 feet, to a point; thence bearing N 89-48-11.002 E a distance of 436.503 feet, to a point; thence bearing S 1-39-36.807 E a distance of 207.089 feet, to a point; thence bearing N 89-25-13.026 E a distance of 165.956 feet, to a point; thence bearing S 0-0-0.000 E a distance of 347.727 feet to the Point of Beginning Totaling 16 acres (more or less). EXHIBIT 16 DH-14 South side of Robinson Road; east of Teasley Lane Half I 'de Unu rt•sy NoLCe , Boundary . DH 14 _ Area Proposed for :nnezation 26.3 3 Acres DH14 MNION Annexation . _ tt Area i= 26.33 Acres: 5 Parcels DH-14 Area Survey I° 7T II I ~ ~ F E R va n R - - I: Foiitof L ~fron ,ink h-1 - Rohn son Rd I H 14 a . ~n i-, Hickory y ek Rd . I I v ---T Lic~ritHiouse Dr. `IIiiIIIG Vo fit c to LL 'i C _ JI DH-14 Metes and Bounds Description Beginning at a point at the Northeast Corner of Teasely Lane and Robinson Road; thence bearing S 89-44-44.611 E a distance of 2713.709 feet, to a point; thence bearing N 0-49-14.765 W a distance of 7.024 feet, to a point; thence bearing S 89-34-35.454 E a distance of 1417.961 feet, to a point; thence bearing S 3-3-39.505 W a distance of 29.541 feet, to a point; thence bearing S 89-21-9.291 E a distance of 415.371 feet, to a point; thence bearing S 0-3-5.097 W a distance of 1465.709 feet, to a point; thence bearing S 80-17-31.345 W a distance of 186.093 feet, to a point; thence bearing S 85-37-15.806 W a distance of 81.680 feet, to a point; thence bearing N 89-55-50.157 W a distance of 156.226 feet, to a point; thence bearing N 0-17-50.059 W a distance of 10.329 feet, to a point; thence bearing N 89-40-37.103 W a distance of 693.959 feet, to a point; thence bearing N 0-23-0.196 E a distance of 1443.220 feet, to a point; thence bearing N 89-32-24.168 W a distance of 3435.881 feet, to a point; thence bearing N 2-19-6.247 W a distance of 67.873 feet to the Point of Beginning Totaling 30 acres (more or less). EXHIBIT 17 CITY OF DENTON SERVICE PLAN 2010 Annexation I.AREA ANNEXED The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15) areas. Four (4) of the 15 areas are primarily located within the northwestern quadrant of the City South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of -1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13 and DH-14. These areas include approximately 2207 acres of land. The proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached location map. A general description of each area is also attached. II.INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III.AD VALOREM (PROPERTY OWNER) TAX SERVICES A.Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1.Normal patrols and responses; 2.Handling of complaints and incident reports; 3.Special units, such as traffic enforcement, investigations and special weapons; and 4.Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B.Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: 1.Fire suppression and rescue; 2.Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3.Hazardous materials response and mitigation; 4.Emergency prevention and public education efforts; 5.Technical rescue response; and 6.Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C.Emergency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1.Emergency medical dispatch and pre-arrival First Aid instructions; 2.Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 3.Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D.Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E.Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ) As development commences in these areas, sanitary sewer mains will be extended City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. The attached sewer facilities plan reflects the principal facilities currently planned by the City to provide for currently expected land utilization and population density, based on applicable City policies, ordinances and regulations. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights-of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F.Water Facilities PAA1, PAA4, DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13, and DH-14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). PAA2S and PAA3 annexation areas lie within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be policies. City participation in the costs of these extensions shall be in accordance consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G.Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the defined by the ordinance and/or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road/street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H.Parks, Playgrounds, Swimming Pools Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. I.Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. J.Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. III.UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV.TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V.AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. EXHIBIT 18 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. L sometimes individually or collectively referred to That property described in a deed to __________________ which is recorded at vol. _____ page _____ of the Deed Records of Denton County, Texas, and commonly known as Tax Parcel No. ________________, which is attached hereto as Exhibit A, consisting of approximately __ acres of land. WHEREAS, the City has given notice of its intent to institute annexation proceedings for WHEREAS, Owners desire that the Property WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and municipality to enter into an a covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan.The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement.Such uses and activities constitute the development plan for the Property Code section 212.172(b). Section 3.Governing Regulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2)The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3)Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 437 and §§17-141 210, as amended and as applicable; l. Irrigation Standards, Denton Code §§28-441 457; and m. Moving Buildings, Denton Code §§28-326 375; (4)Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5)Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6)Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7)Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4.Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7.Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8.Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agree herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial term of this Agreement shall be for a period The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. EXHIBIT 19 2010 Annexation Schedule Exempted Areas st Tuesday, 1/12/20101 Public Hearing City Council nd Tuesday, 1/19/20102 Public Hearing City Council st Tuesday, 2/9/20101 Reading of Annexation Ordinances City Council institutes annexation proceedings Tuesday, 2/16/2010Publication of Annexation Ordinances in Denton Record Chronicle nd Tuesday,5/4/20102 Reading and Adoption of the Annexation Ordinances Final City Council action. Note 1:Annexations must be rigidly coordinated in conjunction with the City Council public hearing schedule due to specific timing mandates established by Texas State Law. The Texas Local Government st Code requires that City Council institute annexation proceedings (1 Reading of the Ordinance) more ÉÈ than ÚÇÈ Ð×ÉÉ ÈÔÛÎ ØÛÃÉ ÖÊÍÏ ÈÔ× ùÓÈà ùÍÇÎÙÓÐ ÌÇÚÐÓÙ Ô×ÛÊÓÎÕ AGENDA INFORMATION SHEET AGENDA DATE: January 12, 2009 DEPARTMENT: Utilities ACM: Howard Martin, 349-823'? SUBJECT Consider adoption of an Ordinance approving an Advance Funding Agreement for a Project Using Funds Held in the State Highway 121 Subaccount in the amount of $57,689,189.00 between the City of Denton and the State of Texas for the widening and construction of Bonnie Brae Road from the Interstate Highway 35 East (I1-135E) service road south to Vintage Boulevard, authorizing the City Manager or his designee to execute said Agreement on behalf of the City of Denton; and declaring an effective date. BACKGROUND The City of Denton applied for regional toll revenue (RTR) funding from S.H. 121 tolling proceeds for several major transportation projects in August 2007. The following is a brief timeline of some of the more significant milestones in this process: • In August 2008, the City was notified that the Bonnie Brae project (widening of Bonnie Brae Road from its existing collector configuration to a secondary arterial section from IH35E south to Vintage Boulevard - refer to Exhibit 1) was selected for RTR funding. • Initially it was thought that this funding would be distributed to the various applicants through the North Central Texas Council of Governments (NCTCOG); however, in late 2008 the Texas Attorney General (AG) published an opinion that essentially stated these State funds could not be held and distributed by a third party. • Between the publication of the AG's opinion and spring 2009, there were numerous discussions between NCTCOG, the RTC and TxDOT about their respective roles in the use and management of these funds. • Not long after that, the City received a draft contract from the State for use on each of the RTR contracts approved for funding (ITS, Park's pedestrian bridge and the two large transportation projects). After some discussions with the State and the City's Legal Department with regard to wording and clauses within the contracts, some minor wording modifications were allowed by the State, after which the State forwarded a single draft contract back to staff in July 2009. Inasmuch as it was less than desirable to have a single contract for all four projects, after confirming that the language in the revised draft matched the revisions agreed upon previously, staff sent back four contracts (one for each project) to the State in July 2009 showing the relevant changes made. • The State notified staff on September 28, 2009 that all four of the City's contracts had been approved in Austin. Exhibit 2 is the approved contract (Advanced Funding Agreement or AFA) for Bonnie Brae Road. Attachment A of the AFA for Bonnie Brae Road in Exhibit 2 sets forth the payment provisions and timing for the funding of this project. The total funded amount of the project is $57,689,189.00, with $46,151,351.00 coming from the State and $11,537,838.00 provided by local match. Denton County approved the expenditure of $2,000,000.00 from Precinct 4 as part of their TRIP '08 program. The City will enter into an ICA with the County for the receipt and use of these funds consistent with the timing of the receipt of the RTR funding (prorated percentage based on fiscal year). A total of $9,537,838.00 of the required local match will need to be provided from the City of Denton. After approval at City Council and execution, the ICAs and the AFA contracts will be routed back to Denton County and TxDOT respectively for further execution by those two entities OPTIONS 1. Approve the funding for the Advanced Funding Agreement. 2. Reject the funding for the Advanced Funding Agreement. RECOMMENDATION Staff recommends approval of the Advanced Funding Agreement between the City of Denton and the Texas Department of Transportation in the amount of $57,689,189.00 for the widening and improvement of Bonnie Brae Road. PRIOR ACTION/REVIEW (Council, Boards, Commissions) 1. Mobility Committee Meeting - October 24, 2009. 2. CIP Oversight Committee Meeting -January 7, 2010. FISCAL INFORMATION The City's share of the local match will be required per fiscal year (FY), and coincidentally per phase, in proportion to the State's allocation of the RTR funding as shown in Attachment A of Exhibit 2: • FY2010 - $1,066,286.05 for Engineering. • FY2011 - $425,511.73 for Utility Relocations and Right-of-Way (ROW) Acquisition. • FY2012 - $8,046,040.22 for Construction. It is probably worth noting that some amount of schedule flexibility/adjustment will likely have to be employed on this project inasmuch as the dollar amounts to spend in this timeframe are fairly significant. John Polster with Innovative Transportation Solutions (ITS), the City's transportation consultant, has communicated that the State has related to him their willingness to cooperate with the local entities as necessary to adjust AFA schedules to meet project timelines. The source of funding for the City's local match is proposed to be from a combination of reallocated funds from other General Fund Capital Improvement Projects (CIP) and possibly the sale of certificates of obligation or general obligation bonds. Reallocation amounts from various bond projects along with their funding source (type of bond and year sold) as recommended for FY2010 and FY2011 is shown on Exhibit 3. Based on records research and conversations with ITS, staff can find no further contractual obligation at this time with TxDOT for the use of the listed Fort Worth Drive Widening funds on the expansion of U.S. Hwy. 377 (totally funded through TxDOT and the County with RTR funding) or the funds remaining on Loop 288. Other than the completion of some minor sidewalk and retaining wall items, the Russell Newman Boulevard project is complete, and enough funding will be left in the project to complete these minor items. The other listed projects are completed. These reallocation amounts were presented to the CIP Oversight Committee for recommendation to City Council on January 7, 2010, and the Committee voted unanimously to recommend these transfers to Council for approval. It is unlikely that the City will be able to fund its entire FY2012 local match obligation through the reallocation of funds from other CIP projects, so it will be necessary to sell bonds to complete the City's local match obligation on Bonnie Brae. At this time it is recommended that a decision on a source for funding of the FY2012 be deferred until the project schedule is firmed up or finalized, probably after hiring a consultant for the design of the project in the spring of 2010. Staff will continue to update City Council on this project and its financial needs and will bring this item back to City Council for direction on FY2012 funding in a timely fashion. BID INFORMATION Not applicable. F,XHIRITS 1. Bonnie Brae Layout 2. Ordinance 3. Table of Possible bond Transfers 4. Mobility Committee Meeting Draft Minutes Respectfully submitted, Frank G. Payne, P.E. City Engineer GUAM PMISUAMMM A M am N)MNAWN 1®SOMAL PAM ~ r7~__' TRAIL DADA BBCCNM b BONNIE BRAE RD, v zoos ow N "~8 IH35E TO VINTAGE BLVD. r=zow ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADVANCE FUNDING AGREEMENT FOR A PROJECT USING FUNDS HELD IN THE STATE HIGHWAY 121 SUBACCOUNT IN THE AMOUNT OF $57,689,189 BETWEEN THE CITY OF DENTON, TEXAS AND THE STATE OF TEXAS FOR THE WIDENING AND CONSTRUCTION OF BONNIE BRAE ROAD FROM THE INTERSTATE HIGHWAY 35 EAST (IH 35E) SERVICE ROAD SOUTH TO VINTAGE BOULEVARD; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the "Bonnie Brae Road Project" designated by the State of Texas, acting by and through the Texas Department of Transportation ("TXDOT"), from the IH 35E frontage road south to Vintage Boulevard and the City of Denton is ready to commence design and construction on the local highway improvement project generally described as "Bonnie Brae Road CSJ: 0918-46-245"; provided that the City of Denton, Texas enters into an agreement with TXDOT, which agreement provides for the receipt and use of funds held in the State Highway 121 subaccount; and WHEREAS, the Advance Funding Agreement which is to be entered into by the City and TXDOT respecting the improvements of Bonnie Brae Road that will, at all times, remain in the ownership of the City of Denton, provides that TXDOT will provide eighty percent (80%) of the project funding in the amount of $46,151,3151 and the City will provide 20% of the project funding as local match in the amount of $11,537,838; the total estimated amount of this Advanced Funding Contract is in the sum of $57,689,189; and WHEREAS, the said Agreement provides for the Actual Cost Agreement; the Schedule of Payments for the City of Denton, subject to final audit; and the Work Responsibilities of the City regarding the Bonnie Brae Road Project; and WHEREAS, the City Council having considered the Advanced Funding Agreements that is required by TXDOT, and considering the importance of the Bonnie Brae Road Project to the citizens of Denton, Texas, is of the opinion that it should approve the above-referenced Advanced Funding Agreement by and between the City and TXDOT; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The preamble to this ordinance is incorporated by reference herewith, and is made a part of this Ordinance. SECTION 2. The City Council authorizes, and in all things approves the execution of the Advanced Funding Agreement by and between the City of Denton, Texas and TXDOT by George C. Campbell, City Manager; a copy of the Advanced Funding Agreement is attached I hereto as Exhibit "A" and is incorporated by reference herein; said Agreement being in the amount of $57,689,189. SECTION 3. The City Manager is hereby authorized by the City Council to expend all funds and to make such payments as are necessary under the Advanced Funding Agreement that is attached hereto and incorporated herein by reference. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY p is z By: 2 CSJ: 0918-46-245, Bonnie Brae Road: From IH 35 East to Vintage Boulevard District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR A PROJECT USING FUNDS HELD IN THE STATE HIGHWAY 121 SUBACCOUNT CITY STREET DEVELOPMENT Off-System Project THIS AGREEMENT (the Agreement) is between the State of Texas, acting by and through the Texas Department of Transportation (the State), and City of Denton (Local Government), collectively, the "Parties." WITNESSETH WHEREAS, the State has received money from the North Texas Tollway Authority for the right to develop, finance, design, construct, operate, and maintain the SH 121 toll project from Business SH 121 in Denton County to US 75 in Collin County ("SH 121 payments"); and WHEREAS, pursuant to Transportation Code, 228.006 the State shall authorize the use of surplus revenue of a toll project for a transportation project, highway project, or air quality project within the district of the Texas Department of Transportation in which any part of the toll project is located; pursuant to Transportation Code, §228.012 the State has created a separate subaccount in the state highway fund to hold such money (SH 121 Subaccount), and the State shall hold such money in trust for the benefit of the region in which a project is located, and may assign the responsibility for allocating money in the subaccount to a metropolitan planning organization (MPO); and WHEREAS, in Minute Order 110727, dated October 26, 2006, the Texas Transportation Commission (the "Commission") approved a memorandum of understanding (MOU) with the Regional Transportation Council (RTC), which is the transportation policy council of the North Central Texas Council of Governments (NCTCOG) and a federally designated MPO, concerning in part the administration, sharing, and use of surplus toll revenue in the region; under the MOU the RTC shall select projects to be financed using surplus revenue from a toll project, subject to Commission concurrence; and WHEREAS, the Local Government has requested money from the SH 121 Subaccount for: Bonnie Brae Road from IH 35 East to Vintage Boulevard just north of US 377 (0918- 46-245) (Project); the RTC has selected the Project to be funded from the SH 121 Subaccount; and the Commission concurred in the selection and authorized the expenditure of money Minute Order No. 111854, dated June 25, 2009; WHEREAS, the Local Government is a political subdivision and governmental entity by statutory definition; and Page 1 of 9 CSJ: 0918-46-245, Bonnie Brae Road: From IH 35 East to Vintage Boulevard District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 authorize the State to contract with municipalities and political subdivisions to perform governmental functions and services; and WHEREAS, NCTCOG and the RTC should have authority to assist the Local Government's implementation of financial reporting and environmental review related to a transportation project funded by the State using money from the SH 121 Subaccount. NOW, THEREFORE, the Parties agree as follows: AGREEMENT Article 1. Time Period Covered This Agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. Article 2. Project Funding The State will pay money to the Local Government from the SH 121 Subaccount in the amounts specified in Attachment A, Payment Provision and Work Responsibilities. Except as provided in the next succeeding sentence, the payments will begin no later than upon the later of the following: (1) fifteen days after the Legislative Budget Board and the Governor each approve the expenditure, in accordance with Rider 25 of the Texas Department of Transportation bill pattern in Senate Bill 1, 80th Legislature; and (2) thirty days after execution of this Agreement. If Attachment A shows that the RTC has allocated payments to the Local Government for a certain expenditure (e.g. construction) for the Project in a certain fiscal year, then the State will make the payment from the SH 121 Subaccount to the Local Government for such expenditure no later than 30 days after the beginning of the designated Fiscal Year. A Fiscal Year begins on September 1 (for example, the 2009 Fiscal Year began September 1, 2008). Article 3. Separate Account; Interest All funds paid to the Local Government shall be deposited into a separate account, and interest earned on the funds shall be kept in the account. Interest earned may be used only for the purposes specified in Attachment A, Payment Provision and Work Responsibilities, and only after obtaining the written approval of the RTC. The Local Government's use of interest earned will not count towards the 20 percent local match requirement set forth in this Agreement. Article 4. Shortfalls in Funding The Local Government shall apply all funds to the scope of work of the Project described in Attachment A, Payment Provisions and Work Responsibilities, and to none other. All cost overruns are the responsibility of the Local Government. However, should the funds be insufficient to complete the work contemplated by the Project, the Local Government Page 2 of 9 CSJ: 0918-46-245, Bonnie Brae Road: From IH 35 East to Vintage Boulevard District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) may make further request to the RTC and the State for additional funds from the SH 121 Subaccount. Funds may be increased only through an amendment of this Agreement. If the SH 121 Subaccount does not contain sufficient funds to cover the balance necessary to complete the Project, or if the RTC or the Commission decline the request for any other reason, then the Local Government shall be responsible for any shortfall. Article 5. Return of Project Funding The Local Government shall reimburse the State for any funds paid under this Agreement that are not expended in accordance with the requirements of this Agreement. Upon completion of the Project, the Local Government will issue a signed "Notification of Completion" document to the State acknowledging the Project's completion. If at project end, or upon termination of this Agreement, excess SH 121 Subaccount funds exist, including interest earned, such funds shall be returned to the State within 30 days. Except for funds the Local Government has already expended in accordance with the Agreement, the Local Government shall return to the State the funds paid under this Agreement together with any interest earned on the funds if the Project is not completed within 10 years of execution of the Agreement. Article 6. Local Match The Local Government shall be responsible for the required 20 percent local match as described in Attachment A, Payment Provisions and Work Responsibilities. The costs incurred by the Local Government prior to the execution of this Agreement will count towards the 20 percent local match requirement provided such costs are for RTC- approved phases as shown in Attachment A. At the end of each Fiscal Year the Local Government's cumulative expenditures of local match funds must be no less than 20 percent of the cumulative SH 121 Funds received by the Local Government up to that date under the Agreement, and must be for the uses approved for payments of SH 121 Funds up to that date as specified in Attachment A, Payment Provision and Work Responsibilities. Article 7. Procurement and Contracting Process The State may review the Local Government's procurement of professional services for engineering, surveying, and right of way acquisition, letting of construction contracts, and conduct of construction management and inspection. The Local Government shall certify compliance with applicable state law and regulations, and with local laws, regulations, rules, policies, and procedures. The Local Government shall maintain a copy of the certification in the project files. Article 8. Design Standards and Construction Specifications The Local Government shall implement the Project using the Local Government's established design standards, construction specifications, procurement processes, and construction management and inspection procedures. Page 3 of 9 CSJ: 0918-46-245, Bonnie Brae Road: From IH 35 East to Vintage Boulevard District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) Article 9. Right of Way Except for right of way owned by the State or to be acquired by the State according to the plans of the Project as approved by the State, the Local Government shall acquire all necessary right of way needed for the Project. Right of way acquisition is an eligible cost for reimbursement provided such cost is an RTC-approved phase as shown in Attachment A. Article 10. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with State laws and regulations and local laws, regulations, rules, policies, and procedures applicable to the Local Government. The Local Government must obtain advance approval for any variance from established procedures. The RTC-approved costs for utilities as shown in Attachment A, if any, shall be used to adjust, remove, or relocate utility facilities only to the extent the utility has a property right as shown in a recorded deed or easement. Article 11. Compliance with Laws; Environmental Review and Public Involvement Each Party shall comply with all applicable federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative bodies or tribunals affecting the performance of this Agreement as applicable to it. When required, the Local Government shall furnish the State with satisfactory proof of compliance. As provided in 43 T.A.C. Section 2.1(b)(3), the department's environmental review requirements do not apply to the Project because the department is funding the Project solely with money held in a project subaccount created under Transportation Code, Section 228.012. However, the local government shall ensure that the Project complies with all applicable environmental review and public involvement requirements applicable to the Local Government under state and federal law in connection with the Project. The Local Government shall obtain the opinion of legal counsel showing the Local Government's environmental review and public involvement for the Project complies with state law and regulations, and with local laws, regulations, rules, policies, and procedures applicable to the Local Government. The Local Government shall maintain a copy of the certification in the project files. Article 12. Compliance with Texas Accessibility Standards and ADA The Local Government shall ensure that the plans for and the construction of the Project is in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P. L. 101-336). Article 13. Work Outside the Project Site The Local Government shall provide both the necessary right of way and any other property interests needed for the Project. Page 4 of 9 CSJ: 0918-46-245, Bonnie Brae Road: From IH 35 East to Vintage Boulevard District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) Article 14. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, 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 entities 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, and the State may recover damages and all costs of completing the work. Article 15. Audit Within 120 days of completion of the Project, the Local Government shall perform an audit of the costs of the Project. Any funds due to the State will be promptly paid by the Local Government. Article 16. Maintenance The Local Government shall be responsible for maintenance of the Project. Article 17. Responsibilities of the Parties a. The State and the Local Government 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. b. To the extent permitted by law, the Local Government agrees to indemnify and save harmless the State, its agents and employees from all suits, actions or claims and from all liability and damages resulting from any and all injuries or damages sustained by any person or property in consequence of any neglect, error, or omission in the performance of the design, construction, maintenance or operation of the Project by the Local Government, its contractor(s), subcontractor(s), agents and employees, and from any claims or amounts arising or recovered under the "Workers' Compensation laws"; the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code; or any other applicable laws or regulations, all as from time to time may be amended. c. The Parties expressly agree that the Project is not a joint venture or enterprise. However, if a court should find that the Parties are engaged in a joint venture or enterprise, then the Local Government, to the extent provided by law, agrees to pay any liability adjudicated against the State for acts and deeds of the Local Government, its employees or agents during the performance of the Project. d. To the extent provided by law, the Local Government shall also indemnify and save harmless the State from any and all expense, including, but not limited to, attorney's fees which may be incurred by the State in litigation or otherwise resisting said claim or liabilities which may be imposed on the State as a result of such activities by the Local Government, its agents, or employees. Page 5 of 9 CSJ: 0918-46-245, Bonnie Brae Road: From IH 35 East to Vintage Boulevard District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) Article 18. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: City of Denton Attn: City Engineer 901-A Texas Street Denton, TX 76209 State: Texas Department of Transportation Attn: District Engineer 4777 E. Highway 80 Dallas, Texas 75150 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Article 19. Right of Access If the Local Government is the owner or otherwise controls access to any part of site of the Project, the Local Government shall permit the State or its authorized representative access to the site to perform any activities authorized in this Agreement. Article 20. Project Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement by the Local Government shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. Article 21. Inspection of Books and Records The Local Government shall keep a complete and accurate record to document the performance of the work on the Project and to expedite any audit that might be conducted. The Local Government shall maintain records sufficient to document that funds provided under the Agreement were expended only for eligible costs that were incurred in accordance with all applicable state and local laws, rules, policies, and procedures, and in accordance with all applicable provisions of this Agreement. The Local Government shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State for review and inspection during the contract period and for four (4) years from the date of completion of work defined under this Agreement or until any pending litigation Page 6 of 9 CSJ: 0918-46-245, Bonnie Brae Road: From IH 35 East to Vintage Boulevard District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) or claims are resolved, whichever is later. Additionally, the State shall have access to all governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. Article 22. NCTCOG Acceptance of funds directly under the Agreement or indirectly through a subcontract under the Agreement acts as acceptance of the authority of NCTCOG and RTC to assist the Local Government's implementation of financial reporting and environmental review concerning the Project. The Local Government shall provide to NCTCOG on a monthly basis a report of expenses, including the Local Government's expenditure of local match funds. The report shall list separately the expenditures by project phase as shown in Attachment A, including but not limited to engineering, environmental review, right of way acquisition, and construction. The report shall also describe interest earned on money from the SH 121 Subaccount, including the interest rate, interest earned during the month, and cumulative interest earned. The report shall further describe the status of developing the Project. Not less than 60 days before the environmental review document is submitted to the governing body of the Local Government for final approval, the Local Government shall submit the document to NCTCOG for review and comment. NCTCOG may provide the Local Government technical assistance on the environmental review of the Project as mutually agreed between NCTCOG and the Local Government. Article 23. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the Agreement or indirectly through a subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Article 24. Amendments By mutual written consent of the Parties, this contract may be amended prior to its expiration. Article 25. Termination The Agreement may be terminated in the following manner: • by mutual written agreement and consent of both parties, • by either party upon the failure of the other party to fulfill the obligations set forth herein, after a 45 day period to cure after receiving written notice of non-compliance, • by the State if the Local Government does not let the construction contract for the Project within one year after the State first provides 121 Funds for construction as shown in Attachment A, Payment Provision and Work Responsibilities, • by the State if the Local Government does not complete the Project within ten years after the effective date of the Agreement, Page 7 of 9 CSJ: 0918-46-245, Bonnie Brae Road: From IH 35 East to Vintage Boulevard District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) Article 26. Work by Debarred Person The Local Government shall not contract with any person that is suspended, debarred, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal agency or that is debarred or suspended by the State. Article 27. Sole Agreement The Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. Article 28. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. The Local Government may assign its interests under the Agreement only with the written approval of the State. Article 29. Remedies The Agreement shall not be considered as specifying an exclusive remedy for a breach of the Agreement. All remedies existing at law or in equity are available to either Party and are cumulative. Article 30. Legal Construction If a provision of the Agreement shall be held invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provision, and the Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. Article 31. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. Page 8 of 9 CSJ: 0918-46-245, Bonnie Brae Road: From IH 35 East to Vintage Boulevard District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this Agreement. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By THE LOCAL GOVERNMENT Janice Mullenix Director, Contract Services Section, General Services Division Date City of Denton By George C. Campbell City Manager Date ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: Page 9 of 9 CSJ: 0918-46-245, Bonnie Brae Road: From IH 35 East to Vintage Boulevard District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) ATTACHMENT A Payment Provision and Work Responsibilities For CSJ 0918-46-245, the State will pay $46,151,351.00 from the SH 121 Subaccount for Bonnie Brae Road from IH 35 East to Vintage Boulevard just north of US 377 to widen two (2) lane to four (4) lane arterial. In accordance with the allocation of funds approved by the RTC, and concurred with by the Texas Transportation Commission, the State will make the payments for the following work in the following Fiscal Years: Fiscal Year Expenditure Preliminary Engineering Right of Way Acquisition Utilities Construction 2009 $0.00 $0.00 $0.00 $0.00 2010 $5,159,507.00 $0.00 $0.00 $0.00 2011 $0.00 $1,123,064.00 $935,887.00 $0.00 2012 $0.00 $0.00 $0.00 $38,932,893.00 2013 $0.00 $0.00 $0.00 $0.00 The Local Government shall pay a required local match of $11,537,838.00. Upon completion of the Project, the Local Government will issue a signed "Notification of Completion" document to the State. The notice shall certify that the Project has been completed, all necessary inspections have been conducted, and the Project is open to traffic. Attachment A Ln m O k N m Lr } ko Ln C ko N LL O ci t/? 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'V? t/? t/? t/? t/? t/? t/? fV Q to C C C C C Y C C C C C 3 O O O O O O O O O O O Q co co co co co -6 co co co co co m 0 0 0 0 0 m 0 0 0 0 0 5 d d d d U, C7 C7 C7 C7 U N N N N 0 C In In 0 3 0 0 0 0 0 u.1 O O O O O LL N N N N N N N N N N ai l0 ~ N c m Q Y LL: N 3 EL U/ N Y 0 ~ O 0 d Ol Ol ~u O to N J N N O o 0 0 co 0 CO 0 v ) O O O °i° N 3 3 C Y N CL -r -r fa -0 -0 -0 O ou ou u .m -O N N N 2 2 H V to to to co Ii M a a a a a a a M M a a y 0 0 0 0 ui 0 ~ m m r, ui a a a a a a a a a a a l0 In N O O O c-I 3 ^ ^ ^ z O O Oo O N O O O O 0 O 0 O 0 O 0 O 0 O 0 O O o m m m m m m m m m m m d a O O - ci N N N m O O O O O O O O O O O LL } } } } } } } } } } } LL LL LL LL LL LL LL LL LL LL LL DRAFT MINUTES City Council Mobility Committee Tuesday, October 27, 2009 After determining that a quorum of the Mobility Committee of the Denton City Council was present, the Vice Chair of the Committee on the Mobility thereafter convened into an open meeting on Tuesday, October 27, 2009 at 2:05 p.m. in the City Council work session room, 215 E. McKinney Street, Denton, Texas, Present: Mayor Mark Burroughs, Council Member Dalton Gregory Absent: Chair Pete Kamp, excused Also Present: George Campbell, City Manager, Howard Martin, ACM Utilities, Jim Coulter, General Manager Water Utilities; Mark Nelson, Transportation Director, Frank Payne, City Engineer; Bob Ticker, Parks Superintendent; John Polster, ITS Consulting, Jim Witt, Executive Director DCTA; and Dee Leggett, Vice President Communications & Planning OPEN MEETING 4) ACM Report: a) RTR -Transportation Projects Update Transportation Director Mark Nelson called on Frank Payne, City Engineer, to present the update. Payne stated that the good news is that the City has received approval for RTR contracts with the State of Texas. Payne stated that staff will be presenting contracts to the Council in the very near future and that one contract will give financial oversight to COG and RTC and will provide for monthly reporting by the city to COG and RTC. Payne stated that the first the contract staff received was from COG and presented a bit of challenge to provide comments because they were extensive. After the Attorney General's opinion came out that COG could not receive and distribute these funds the City received a contract from TxDOT which looked very much like an advance funding agreement with the State. Staff received an agreement and with assistance from the Legal department returned it with edits back to TxDOT which stated that there no changes to the contract for anyone else and there would not be any for Denton. Staff had two concerns; one from the standpoint of liability in which the City would be required to address all state, federal, and local environmental laws; and, second wording concerning the procurement process. Staff was able to insert the word applicable so on both concerns which was more reasonable. When the contract was received by the City from TxDOT all four projects were encompassed in a single contract which is not the best way for the City to conduct business. TxDOT agreed to four separate contracts. Payne then stated that the Mayhill project received $56.7 million with approximately $45.3 coming from the State; $11.3 million from a local match split equally between the county and the City; Precincts 1 and 4 split half of the local match equally. The City match is $5.7 million Draft Minutes of the City Council Mobility Committee meeting October 27, 2009 Page 2 of 2 Payne stated that the Bonnie Brae project received $57.7 million with $46.2 million coming from the state; Denton County has pledged $2 million, the City's local match is significantly higher at $9.5 million for a total of $11.7 million. Payne stated that the City will have ten years to spend the money and it is believed that COG will be flexible with that timeline. Payne stated that when staff brings the contracts to the City Council there will be a recommended methodology with a menu of different options for funding the local match. Payne then stated that an Interlocal Agreement between the City and the County gives both entities the equal right to do the scope of a project and in this case it will set forth how much funding the County is going to put forth and will state where the City's funding is coming from. The next step will be a work session with City Council with a February 2010 date for approval. Payne then stated it will take one fiscal year to accomplish engineering, a second year for right- of-way acquisition and utility relocation; with construction beginning in the third fiscal year. Payne stated that staff recommends that contracts be approved prior to beginning a project. The State will deposit the money with the City with the requirement that the money must go into an interest bearing account with the City providing documentation of interest earned as well as documentation of what the interest money was used for. Council Member Dalton Gregory asked what the remaining two projects are. Payne replied an Intelligent Transportation System (ITS) and a Parks bridge project. Council Member Gregory then asked if the scope of the projects for Mayhill and Bonnie Brae include either sidewalks or lanes wide enough to accommodate bicyclists. Payne replied that both projects will have a wider outside lane to accommodate bicycles and that sidewalks have been budgeted for Bonnie Brae and possibly for Mayhill. Council Member Gregory suggested that staff consider the challenges of handicapped pedestrians when planning sidewalks. The meeting was adjourned by acclamation at 3 :43 p.m. This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: January 12, 2009 DEPARTMENT: Utilities ACM: Howard Martin, '149 -32 SUBJECT Consider adoption of an Ordinance approving an Advance Funding Agreement for a Project Using Funds Held in the State Highway 121 Subaccount in the amount of $56,670,566.00 between the City of Denton and the State of Texas for the widening and construction of Mayhill Road from its intersection with Colorado Boulevard north to U.S. Highway 380 (University Drive), authorizing the City Manager or his designee to execute said Agreement on behalf of the City of Denton; and declaring an effective date. BACKGROUND The City of Denton applied for regional toll revenue (RTR) funding from S.H. 121 tolling proceeds for several major transportation projects in August 2007. The following is a brief timeline of some of the more significant milestones in this process: • In August 2008, the City was notified that the Mayhill Road project (widening Mayhill Road from its current t~vo lane configuration to a 4-lane divided section - refer to Exhibit 1) was selected for RTR funding. • Initially it was thought that this funding would be distributed to the various applicants through the North Central Texas Council of Governments (NCTCOG); however, in late 2008 the Texas Attorney General (AG) published an opinion that essentially stated these State funds could not be held and distributed by a third party. • Between the publication of the AG's opinion and spring 2009, there were numerous discussions between NCTCOG, the RTC and TxDOT about their respective roles in the use and management of these funds. • Not long after that, the City received a draft contract from the State for use on each of the RTR contracts approved for funding (ITS, Park's pedestrian bridge and the two large transportation projects). After some discussions with the State and the City's Legal Department with regard to wording and clauses within the contracts, some minor wording modifications were allowed by the State, after which the State forwarded a single draft contract back to staff in July 2009. Inasmuch as it was less than desirable to have a single contract for all four projects, after confirming that the language in the revised draft matched the revisions agreed upon previously, staff sent back four contracts (one for each project) to the State in July 2009 showing the relevant changes made. • The State notified staff on September 28, 2009 that all four of the City's contracts had been approved in Austin. Exhibit 2 is the approved contract (Advanced Funding Agreement or AFA) for Mayhill Road. Attachment A of the AFA for Mayhill Road in Exhibit 2 sets forth the payment provisions and timing for the funding of this project. The total funded amount of the project is $56,670,566.00, with $45,336,453.00 coming from the State and $11,334,113.00 provided by local match. Denton County approved the expenditure of $5,667,056.00 from Precincts 1 and 4 (half from each) for this project as part of their 2008 Transportation Road Improvement Program (TRIP `08). The City will enter into two interlocal agreements (ICAs) with the County for the receipt and use of these funds consistent with the timing of the receipt of RTR funding (prorated percentage based on fiscal year). A total of $5,667,057.00 of the required local match will need to be provided from the City of Denton. After approval at City Council and execution, the ICAs and the AFA contracts will be routed back to Denton County and TxDOT respectively for further execution by those two entities. OPTIONS 1. Approve the funding for the Advanced Funding Agreement. 2. Reject the funding for the Advanced Funding Agreement. RECOMMENDATION Staff recommends approval of the Advanced Funding Agreement between the City of Denton and the Texas Department of Transportation in the amount of $56,670,566.00 for the widening and improvement of Mayhill Road. PRIOR ACTION/REVIEW (Council, Boards, Commissions) 1. Mobility Committee Meeting - October 24, 2009. FISCAL INFORMATION The City's share of the local match will be required per fiscal year (FY), and coincidentally per phase, in proportion to the State's allocation of the RTR funding as shown in Attachment A of Exhibit 2: • FY2010 - $545,416.00 for Engineering. • FY2011 - $1,228,352.00 for Utility Relocations and Right-of-Way (ROW) Acquisition. • FY2012 - $3,893,289.00 for Construction. It is probably worth noting that some amount of schedule flexibility/adjustment will likely have to be employed on this project inasmuch as the dollar amounts to spend in this timeframe are fairly significant. John Polster with Innovative Transportation Solutions (ITS), the City's transportation consultant, has communicated that the State has related to him their willingness to cooperate with the local entities as necessary to adjust AFA schedules to meet project timelines. The source of funding for the City's local match is proposed to be from reallocated funds from other General Fund Capital Improvement Projects (CIP). Reallocation amounts from various bond projects along with their funding source (type of bond and year sold) as recommended for FY2010 through FY2012 are shown on Exhibit 3. Based on records research and conversations with ITS, staff can find no further contractual obligation at this time with TxDOT for the use of the listed Loop 288, Highway 2499, McKinney Street or F.M.2181 Widening funds (all projects already funded through TxDOT and/or the County with gas tax and RTR funding). Other than the completion of some minor items, the Shady Oaks project is complete, and enough funding will be left in the project to complete these minor items. The remaining projects listed are either complete or, in the case of Brinker Road, not intended to move forward. These reallocation amounts were presented to the CIP Oversight Committee for recommendation to City Council on January 7, 2010, and the Committee voted unanimously to recommend these transfers to Council for approval. With the listed reallocations, the City will be able to fund its entire local match obligation for Mayhill Road. The project schedule should be firmed up or finalized after hiring a consultant for the design of the project in the spring of 2010. Staff will continue to update City Council on this project and its financial needs. BID INFORMATION Not applicable. F,XHIRITS 1. Mayhill Road Layout 2. Ordinance 3. Table of Possible Bond Transfers 4. Mobility Committee Meeting Draft Minutes Respectfully submitted, Frank G. Payne, P.E. City Engineer ORDINANCE NO. 2010-_______ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADVANCE FUNDING AGREEMENT FOR A PROJECT USING FUNDS HELD IN THE STATE HIGHWAY 121 SUBACCOUNT IN THE AMOUNT OF $56,670,566.00 BETWEEN THE CITY OF DENTON, TEXAS AND THE STATE OF TEXAS FOR THE WIDENING AND CONSTRUCTION OF MAYHILL ROAD FROM ITS INTERSECTION WITH COLORADO BOULEVARD NORTH TO U.S. HIGHWAY 380 (UNIVERSITY DRIVE); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the “Mayhill Road Project” designated by the State of Texas, acting by and through the Texas Department of Transportation (“TXDOT”), from IH 35E north to U.S. Highway 380; and the City of Denton is ready to commence design and construction on the local highway improvement project generally described as “Mayhill Road CSJ: 0918-46-246”; provided that the City of Denton, Texas enters into an agreement with TXDOT, which agreement provides for the receipt and use of funds held in the State Highway 121 subaccount; and WHEREAS, the Advance Funding Agreement which is to be entered into by the City and TXDOT respecting the improvements of Mayhill Road that will, at all times, remain in the ownership of the City of Denton, provides that TXDOT will provide eighty percent (80%) of the project funding in the amount of $45,336,453.00and the City will provide 20% of the project funding as local match in the amount of $11,334,113.00; the total estimated amount of this Advanced Funding Contract is in the sum of $56,670,566.00; and WHEREAS, the said Agreement provides for the Actual Cost Agreement; the Schedule of Payments for the City of Denton, subject to final audit; and the Work Responsibilities of the City regarding the Mayhill Road Project; and WHEREAS, the City Council having considered the Advanced Funding Agreement that is required by TXDOT, and considering the importance of the Mayhill Road Project to the citizens of Denton, Texas, is of the opinion that it should approve the above-referenced Advanced Funding Agreement by and between the City and TXDOT; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The preamble to this ordinance is incorporated by reference herewith, and is made a part of this Ordinance. SECTION 2. The City Council authorizes, and in all things approves the execution of the Advanced Funding Agreement by and between the City of Denton, Texas and TXDOT, by George C. Campbell, City Manager; a copy of which Advanced Funding Agreement is attached hereto as Exhibit “A” and is incorporated by reference herein; said Agreement being in the amount of $56,670,566.00. 1 SECTION 3. The City Manager is hereby authorized by the City Council to expend all funds and to make such payments as are necessary under the Advanced Funding Agreement that is attached hereto and incorporated herein by reference. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _____ day of ___________________, 2010. _______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: __________________________________ 2 CSJ: 0918-46-246, Mayhill Road: From IH 35 East To US 380 District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR A PROJECT USING FUNDS HELD IN THE STATE HIGHWAY 121 SUBACCOUNT CITY STREET DEVELOPMENT Off-System Project THIS AGREEMENT (the Agreement) is between the State of Texas, acting by and through the Texas Department of Transportation (the State), and City of Denton (Local Government) WITNESSETH WHEREAS, the State has received money from the North Texas Tollway Authority for the right to develop, finance, design, construct, operate, and maintain the SH 121 toll project and WHEREAS, pursuant to Transportation Code, 228.006 the State shall authorize the use of surplus revenue of a toll project for a transportation project, highway project, or air quality project within the district of the Texas Department of Transportation in which any part of the toll project is located; pursuant to Transportation Code, §228.012 the State has created a separate subaccount in the state highway fund to hold such money (SH 121 Subaccount), and the State shall hold such money in trust for the benefit of the region in which a project is located, and may assign the responsibility for allocating money in the subaccount to a metropolitan planning organization (MPO); and WHEREAS , in Minute Order 110727, dated October 26, 2006, the Texas Transportation Commission (the Commission) approved a memorandum of understanding (MOU) with the Regional Transportation Council (RTC), which is the transportation policy council of the North Central Texas Council of Governments (NCTCOG) and a federally designated MPO, concerning in part the administration, sharing, and use of surplus toll revenue in the region; under the MOU the RTC shall select projects to be financed using surplus revenue from a toll project, subject to Commission concurrence; and WHEREAS , the Local Government has requested money from the SH 121 Subaccount for: Mayhill Road from IH 35 East to US 380 (0918-46-246) (Project); the RTC has selected the Project to be funded from the SH 121 Subaccount; and the Commission concurred in the selection and authorized the expenditure of money Minute Order No. 111854, dated June 25, 2009; WHEREAS, the Local Government is a political subdivision and governmental entity by statutory definition; and Page 1 of 9 CSJ: 0918-46-246, Mayhill Road: From IH 35 East To US 380 District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 authorize the State to contract with municipalities and political subdivisions to perform governmental functions and services; and WHEREAS, NCTCOG and the RTC should have authority to assist the Local transportation project funded by the State using money from the SH 121 Subaccount. NOW, THEREFORE, the Parties agree as follows: AGREEMENT Article 1. Time Period Covered This Agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. Article 2. Project Funding The State will pay money to the Local Government from the SH 121 Subaccount in the amounts specified in Attachment A, Payment Provision and Work Responsibilities. Except as provided in the next succeeding sentence, the payments will begin no later than upon the later of the following: (1) fifteen days after the Legislative Budget Board and the Governor each approve the expenditure, in accordance with Rider 25 of the Texas th Department of Transportation bill pattern in Senate Bill 1, 80 Legislature; and (2) thirty days after execution of this Agreement. If Attachment A shows that the RTC has allocated payments to the Local Government for a certain expenditure (e.g. construction) for the Project in a certain fiscal year, then the State will make the payment from the SH 121 Subaccount to the Local Government for such expenditure no later than 30 days after the beginning of the designated Fiscal Year. A Fiscal Year begins on September 1 (for example, the 2009 Fiscal Year began September 1, 2008). Article 3. Separate Account; Interest All funds paid to the Local Government shall be deposited into a separate account, and interest earned on the funds shall be kept in the account. Interest earned may be used only for the purposes specified in Attachment A, Payment Provision and Work Responsibilities, and only after obtaining the written approval of the RTC. The Local interest earned will not count towards the 20 percent local match requirement set forth in this Agreement. Article 4. Shortfalls in Funding The Local Government shall apply all funds to the scope of work of the Project described in Attachment A, Payment Provisions and Work Responsibilities, and to none other. All cost overruns are the responsibility of the Local Government. However, should the funds Page 2 of 9 CSJ: 0918-46-246, Mayhill Road: From IH 35 East To US 380 District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) be insufficient to complete the work contemplated by the Project, the Local Government may make further request to the RTC and the State for additional funds from the SH 121 Subaccount. Funds may be increased only through an amendment of this Agreement. If the SH 121 Subaccount does not contain sufficient funds to cover the balance necessary to complete the Project, or if the RTC or the Commission decline the request for any other reason, then the Local Government shall be responsible for any shortfall. Article 5. Return of Project Funding The Local Government shall reimburse the State for any funds paid under this Agreement that are not expended in accordance with the requirements of this Agreement. Upon completion of the ification of document end, or upon termination of this Agreement, excess SH 121 Subaccount funds exist, including interest earned, such funds shall be returned to the State within 30 days. Except for funds the Local Government has already expended in accordance with the Agreement, the Local Government shall return to the State the funds paid under this Agreement together with any interest earned on the funds if the Project is not completed within 10 years of execution of the Agreement. Article 6. Local Match The Local Government shall be responsible for the required 20 percent local match as described in Attachment A, Payment Provisions and Work Responsibilities. The costs incurred by the Local Government prior to the execution of this Agreement will count towards the 20 percent local match requirement provided such costs are for RTC- approved phases as shown in Attachment A. At the end of each Fiscal Year the Local s cumulative expenditures of local match funds must be no less than 20 percent of the cumulative SH 121 Funds received by the Local Government up to that date under the Agreement, and must be for the uses approved for payments of SH 121 Funds up to that date as specified in Attachment A, Payment Provision and Work Responsibilities. Article 7. Procurement and Contracting Process for engineering, surveying, and right of way acquisition, letting of construction contracts, and conduct of construction management and inspection. The Local Government shall certify compliance with applicable state law and regulations, and with local laws, regulations, rules, policies, and procedures. The Local Government shall maintain a copy of the certification in the project files. Article 8. Design Standards and Construction Specifications established design standards, construction specifications, procurement processes, and construction management and inspection procedures. Page 3 of 9 CSJ: 0918-46-246, Mayhill Road: From IH 35 East To US 380 District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) Article 9. Right of Way Except for right of way owned by the State or to be acquired by the State according to the plans of the Project as approved by the State, the Local Government shall acquire all necessary right of way needed for the Project. Right of way acquisition is an eligible cost for reimbursement provided such cost is an RTC-approved phase as shown in Attachment A. Article 10. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with State laws and regulations and local laws, regulations, rules, policies, and procedures applicable to the Local Government. The Local Government must obtain advance approval for any variance from established procedures. The RTC-approved costs for utilities as shown in Attachment A, if any, shall be used to adjust, remove, or relocate utility facilities only to the extent the utility has a property right as shown in a recorded deed or easement. Article 11. Compliance with Laws; Environmental Review and Public Involvement Each Party shall comply with all applicable federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative bodies or tribunals affecting the performance of this Agreement as applicable to it. When required, the Local Government shall furnish the State with satisfactory proof of compliance. As provided in 43 T.A.C. Section 2.1(b)(3), the department is funding the Project solely with money held in a project subaccount created under Transportation Code, Section 228.012. However, the local government shall ensure that the Project complies with all applicable environmental review and public involvement requirements applicable to the Local Government under state and federal law in connection with the Project. The Local Government shall obtain the opinion of legal the Project complies with state law and regulations, and with local laws, regulations, rules, policies, and procedures applicable to the Local Government. The Local Government shall maintain a copy of the certification in the project files. Article 12. Compliance with Texas Accessibility Standards and ADA The Local Government shall ensure that the plans for and the construction of the Project is in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336). Article 13. Work Outside the Project Site The Local Government shall provide both the necessary right of way and any other property interests needed for the Project. Page 4 of 9 CSJ: 0918-46-246, Mayhill Road: From IH 35 East To US 380 District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) Article 14. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, 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 entities 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, and the State may recover damages and all costs of completing the work. Article 15. Audit Within 120 days of completion of the Project, the Local Government shall perform an audit of the costs of the Project. Any funds due to the State will be promptly paid by the Local Government. Article 16.Maintenance The Local Government shall be responsible for maintenance of the Project. Article 17. Responsibilities of the Parties a. The State and the Local Government 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. b. To the extent permitted by law, the Local Government agrees to indemnify and save harmless the State, its agents and employees from all suits, actions or claims and from all liability and damages resulting from any and all injuries or damages sustained by any person or property in consequence of any neglect, error, or omission in the performance of the design, construction, maintenance or operation of the Project by the Local Government, its contractor(s), subcontractor(s), agents and employees, and from any claims or amounts arising or recovered under the "Workers' Compensation laws"; the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code; or any other applicable laws or regulations, all as from time to time may be amended. c. The Parties expressly agree that the Project is not a joint venture or enterprise. However, if a court should find that the Parties are engaged in a joint venture or enterprise, then the Local Government, to the extent provided by law, agrees to pay any liability adjudicated against the State for acts and deeds of the Local Government, its employees or agents during the performance of the Project. d. To the extent provided by law, the Local Government shall also indemnify and save harmless the State from any and all expense, including, but not limited to, resisting said claim or liabilities which may be imposed on the State as a result of such activities by the Local Government, its agents, or employees. Page 5 of 9 CSJ: 0918-46-246, Mayhill Road: From IH 35 East To US 380 District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) Article 18. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: State: City of Denton Texas Department of Transportation Attn: City Engineer Attn: District Engineer 901-A Texas Street 4777 E. Highway 80 Dallas, Texas 75150 Denton, TX 76209 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Article 19. Right of Access If the Local Government is the owner or otherwise controls access to any part of site of the Project, the Local Government shall permit the State or its authorized representative access to the site to perform any activities authorized in this Agreement. Article 20. Project Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement by the Local Government shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. Article 21. Inspection of Books and Records The Local Government shall keep a complete and accurate record to document the performance of the work on the Project and to expedite any audit that might be conducted. The Local Government shall maintain records sufficient to document that funds provided under the Agreement were expended only for eligible costs that were incurred in accordance with all applicable state and local laws, rules, policies, and procedures, and in accordance with all applicable provisions of this Agreement. The Local Government shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State for review and inspection during the contract period and for four (4) years from Page 6 of 9 CSJ: 0918-46-246, Mayhill Road: From IH 35 East To US 380 District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) the date of completion of work defined under this Agreement or until any pending litigation or claims are resolved, whichever is later. Additionally, the State shall have access to all governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. Article 22. NCTCOG Acceptance of funds directly under the Agreement or indirectly through a subcontract under the Agreement acts as acceptance of the authority of NCTCOG and RTC to assist concerning the Project. The Local Government shall provide to NCTCOG on a monthly ba funds. The report shall list separately the expenditures by project phase as shown in Attachment A, including but not limited to engineering, environmental review, right of way acquisition, and construction. The report shall also describe interest earned on money from the SH 121 Subaccount, including the interest rate, interest earned during the month, and cumulative interest earned. The report shall further describe the status of developing the Project. Not less than 60 days before the environmental review document is submitted to the governing body of the Local Government for final approval, the Local Government shall submit the document to NCTCOG for review and comment. NCTCOG may provide the Local Government technical assistance on the environmental review of the Project as mutually agreed between NCTCOG and the Local Government. Article 23. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the Agreement or indirectly through a subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Article 24. Amendments By mutual written consent of the Parties, this contract may be amended prior to its expiration. Article 25. Termination The Agreement may be terminated in the following manner: by mutual written agreement and consent of both parties; by either party upon the failure of the other party to fulfill the obligations set forth herein, after a 45 day period to cure after receiving written notice of non-compliance; by the State if the Local Government does not let the construction contract for the Project within one year after the State first provides 121 Funds for construction as shown in Attachment A, Payment Provision and Work Responsibilities; by the State if the Local Government does not complete the Project within ten Page 7 of 9 CSJ: 0918-46-246, Mayhill Road: From IH 35 East To US 380 District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) years after the effective date of the Agreement; Article 26. Work by Debarred Person The Local Government shall not contract with any person that is suspended, debarred, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal agency or that is debarred or suspended by the State. Article 27. Sole Agreement The Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Article 28. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. The Local Government may assign its interests under the Agreement only with the written approval of the State. Article 29. Remedies The Agreement shall not be considered as specifying an exclusive remedy for a breach of the Agreement. All remedies existing at law or in equity are available to either Party and are cumulative. Article 30. Legal Construction If a provision of the Agreement shall be held invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provision, and the Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. Article 31. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. Page 8 of 9 CSJ: 0918-46-246, Mayhill Road: From IH 35 East To US 380 District # 18; Code Chart 64 #11400 Funding Category: RTR (SH 121 Subaccount Funds) ATTACHMENT A Payment Provision and Work Responsibilities For CSJ 0918-46-246, the State will pay $45,336,453.00 from the SH 121 Subaccount for Mayhill Road from IH 35 East to US 380 to expand a two (2) rural road to a four (4) lane divided urban arterial. In accordance with the allocation of funds approved by the RTC, and concurred with by the Texas Transportation Commission, the State will make the payments for the following work in the following Fiscal Years: Fiscal Expenditure Year Preliminary Right of Way Utilities Construction Engineering Acquisition 2009 $0.00 $0.00 $0.00 $0.00 2010 $4,363,327.00 $0.00 $0.00 $0.00 2011 $0.00 $9,358,868.00 $467,943.00 $0.00 2012 $0.00 $0.00 $0.00 $31,146,315.00 2013 $0.00 $0.00 $0.00 $0.00 The Local Government shall pay a required local match of $11,334,113.00. Upon completion of the Project, the Local Government will issue a signed "Notification of Completion" document to the State. The notice shall certify that the Project has been completed, all necessary inspections have been conducted, and the Project is open to traffic. Attachment A ÜÎßÚÌ Ó×ÒËÌÛÍ City Council Mobility Committee Tuesday, October 27, 2009 After determining that a quorum of the Mobility Committee of the Denton City Council was present, the Vice Chair of the Committee on the Mobility thereafter convened into an open meeting on Tuesday, October 27, 2009 at 2:05 p.m. in the City Council work session room, 215 E. McKinney Street, Denton, Texas, Ю»»²¬æ Mayor Mark Burroughs, Council Member Dalton Gregory ß¾»²¬æ Chair Pete Kamp, excused ß´± Ю»»²¬ : George Campbell, City Manager, Howard Martin, ACM Utilities, Jim Coulter, General Manager Water Utilities; Mark Nelson, Transportation Director, Frank Payne, City Engineer; Bob Ticker, Parks Superintendent; John Polster, ITS Consulting; Jim Witt, Executive Director DCTA; and Dee Leggett, Vice President Communications & Planning ÑÐÛÒ ÓÛÛÌ×ÒÙ 4) ACM Report: a)RTR - Transportation Projects Update Transportation Director Mark Nelson called on Frank Payne, City Engineer, to present the update. Payne stated that the good news is that the City has received approval for RTR contracts with the State of Texas. Payne stated that staff will be presenting contracts to the Council in the very near future and that one contract will give financial oversight to COG and RTC and will provide for monthly reporting by the city to COG and RTC. Payne stated that the first the contract staff received was from COG and presented a bit of challenge to provide comments because they were extensive. After the Attorney General’s opinion came out that COG could not receive and distribute these funds the City received a contract from TxDOT which looked very much like an advance funding agreement with the State. Staff received an agreement and with assistance from the Legal department returned it with edits back to TxDOT which stated that there no changes to the contract for anyone else and there would not be any for Denton. Staff had two concerns; one from the standpoint of liability in which the City would be required to address all state, federal, and local environmental laws; and, second wording concerning the procurement process. Staff was able to insert the word applicable so on both concerns which was more reasonable. When the contract was received by the City from TxDOT all four projects were encompassed in a single contract which is not the best way for the City to conduct business. TxDOT agreed to four separate contracts. Payne then stated that the Mayhill project received $56.7 million with approximately $45.3 coming from the State; $11.3 million from a local match split equally between the county and the City; Precincts 1 and 4 split half of the local match equally. The City match is $5.7 million Draft Minutes of the City Council Mobility Committee meeting October 27, 2009 Page 2 of 2 Payne stated that the Bonnie Brae project received $57.7 million with $46.2 million coming from the state; Denton County has pledged $2 million, the City’s local match is significantly higher at $9.5 million for a total of $11.7 million. Payne stated that the City will have ten years to spend the money and it is believed that COG will be flexible with that timeline. Payne stated that when staff brings the contracts to the City Council there will be a recommended methodology with a menu of different options for funding the local match. Payne then stated that an Interlocal Agreement between the City and the County gives both entities the equal right to do the scope of a project and in this case it will set forth how much funding the County is going to put forth and will state where the City’s funding is coming from. The next step will be a work session with City Council with a February 2010 date for approval. Payne then stated it will take one fiscal year to accomplish engineering; a second year for right- of-way acquisition and utility relocation; with construction beginning in the third fiscal year. Payne stated that staff recommends that contracts be approved prior to beginning a project. The State will deposit the money with the City with the requirement that the money must go into an interest bearing account with the City providing documentation of interest earned as well as documentation of what the interest money was used for. Council Member Dalton Gregory asked what the remaining two projects are. Payne replied an Intelligent Transportation System (ITS) and a Parks bridge project. Council Member Gregory then asked if the scope of the projects for Mayhill and Bonnie Brae include either sidewalks or lanes wide enough to accommodate bicyclists. Payne replied that both projects will have a wider outside lane to accommodate bicycles and that sidewalks have been budgeted for Bonnie Brae and possibly for Mayhill. Council Member Gregory suggested that staff consider the challenges of handicapped pedestrians when planning sidewalks. The meeting was adjourned by acclamation at 3:43 p.m. éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: January 12, 2009 DEPARTMENT: Utilities ACM: Howard Martin, 349-8? 121Ar-- SUBJECT Consider adoption of an Ordinance approving an Interlocal Cooperation Agreement (ICA) in the amount of $11,537,838.00 between the City of Denton and Denton County Precinct No. 4 for the widening and construction of Bonnie Brae Road from the Interstate Highway 35 East (I1-135E) service road south to Vintage Boulevard, authorizing the City Manager or his designee to execute said Agreement on behalf of the City of Denton; and declaring an effective date. BACKGROUND The City of Denton applied for regional toll revenue (RTR) funding from S.H. 121 tolling proceeds for several major transportation projects in August 2007. The Bonnie Brae project (widening of Bonnie Brae Road from its existing collector configuration to a secondary arterial section from IH35E south to Vintage Boulevard - refer to Exhibit 1) was selected for RTR funding. The total funded amount of the project is $57,689,189.00, with $46,151,351.00 coming from the State and $11,537,838.00 provided by local match. Denton County approved the expenditure of $2,000,000.00 from Precinct 4 as part of their TRIP-08 program. The intent of the ICA associated with this item (Exhibit 2) is to provide an agreement between the City and the County for the receipt and use of these funds consistent with the timing of the receipt of the RTR funding (prorated percentage based on fiscal year). A total of $9,537,838.00 of the required local match will need to be provided from the City of Denton. OPTIONS 1. Approve the interlocal cooperation agreement with Denton County. 2. Reject the interlocal cooperation agreement with Denton County. RECOMMENDATION Staff recommends approval of the ICA with Denton County in the amount of $11,537,838.00. The amount to be made available from Denton County will be $2.0 million dollars, with the City's share identified as being $9,537,838.00. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Not applicable. FISCAL INFORMATION Denton County has identified a total of $2.0 million dollars from the Transportation Road Improvement Program - 2008 (TRIP-08) funding available for the City's use. The County's share of the local match will be provided per fiscal year (FY), and coincidentally per phase, in proportion to the State's allocation of the RTR funding as included in Attachment A of the Advanced Funding Agreement (brought forward to Council at this meeting as a separate item for consideration): 0 FY2010 - $223,590.73 for Engineering. • FY2011 - $89,226.03 for Utility Relocations and Right-of-Way (ROW) Acquisition. • FY2012 - $1,687,183.24 for Construction. The City's share of the local match will also be required per fiscal year in proportion to the State's allocation of the RTR funding as shown in Attachment A of the Advanced Funding Agreement: • FY2010 - $1,066,286.05 for Engineering. • FY2011 - $425,511.73 for Utility Relocations and Right-of-Way (ROW) Acquisition. • FY2012 - $8,046,040.22 for Construction. It is probably worth noting that some amount of schedule flexibility/adjustment will likely have to be employed on this project inasmuch as the dollar amounts to spend in this timeframe are fairly significant. John Polster with Innovative Transportation Solutions, the City's transportation consultant, has communicated that the State has related to him their willingness to cooperate with the local entities as necessary to adjust AFA schedules to meet project timelines. The source of funding for the City's local match is proposed to be from a combination of reallocated funds from other General Fund Capital Improvement Projects (CIP) and possibly the sale of certificates of obligation or general obligation bonds. Reallocation amounts from various bond projects along with their funding source (type of bond and year sold) as recommended for FY2010 and FY2011 is shown on Exhibit 3. Based on records research and conversations with ITS, staff can find no further contractual obligation at this time with TxDOT for the use of the listed Fort Worth Drive Widening funds on the expansion of U.S. Hwy. 377 (totally funded through TxDOT and the County with RTR funding) or the funds remaining on Loop 288. Other than the completion of some minor sidewalk and retaining wall items, the Russell Newman Boulevard project is complete, and enough funding will be left in the project to complete these minor items. The other listed projects are completed. These reallocation amounts were presented to the CIP Oversight Committee for recommendation to City Council on January 7, 2010, and the Committee voted unanimously to recommend these transfers to Council for approval. BID INFORMATION Not applicable. EXHIBITS 1. Bonnie Brae Layout 2. Ordinance 3. Table of Possible Bond Transfers Respectfully submitted, Frank G. Payne, P.E. City Engineer ORDINANCE NO. 2010-_______ AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL COOPERATION AGREEMENT IN THE AMOUNT OF $11,537,838 BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY PRECINCT NO. 4 FOR THE WIDENING AND CONSTRUCTION OF BONNIE BRAE ROAD FROM THE INTERSTATE HIGHWAY 35 EAST (IH 35E) SERVICE ROAD SOUTH TO VINTAGE BOULEVARD; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Cooperation Agreement (hereafter the “Agreement”) by and between the City of Denton, Texas and Denton County Precinct No. 4 referenced herein, was presented to, reviewed by and considered by the City Council at its regularly called meeting of January 12, 2010, and the City Council, considering the consideration and the mutual benefits to be attained by both the City and County of Denton, does hereby approve said Agreement; WHEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby approves the Interlocal Cooperation Agreement between the City of Denton, Texas and Denton County Precinct No. 4 providing for the widening and construction of Bonnie Brae Road from the Interstate Highway 35 East Service Road South to Vintage Boulevard, substantially in accordance with the Interlocal Cooperation Agreement which is attached hereto as Exhibit “A” and is incorporated herewith by reference. The City Manager, or his designee, is authorized to execute the Agreement on behalf of the City. The City Manager, or his designee, is authorized to carry out the City’s rights and duties under the Agreement. Any prior actions of the City taken pursuant to the Agreement are hereby ratified. SECTION 2. The City Council finds that the Agreement will benefit the City of Denton, Texas and is in the public interest. SECTION 3. The expenditure of funds as called for in the Agreement, is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ____ day of _______________, 2010. ________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: ___________________________________ éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: January 12, 2009 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an Ordinance approving an Interlocal Cooperation Agreement (ICA) in the amount of $5,667,056.50 between the City of Denton and Denton County Precinct No. 1 for the widening and construction of Mayhill Road from its intersection with Colorado Boulevard north to U.S. Highway 380 (University Drive), authorizing the City Manager or his designee to execute said Agreement on behalf of the City of Denton; and declaring an effective date. BACKGROUND The City of Denton applied for regional toll revenue (RTR) funding from S.H. 121 tolling proceeds for several major transportation projects in August 2007. The Mayhill Road project (widening Mayhill Road from its current two lane configuration to a 4-lane divided section - refer to Exhibit 1) was selected for.RTR funding. The total funded amount of the project is $56,670,566.00, with $45,336,453.00 coming from the State and $11,334,113.00 provided by local match. Denton County approved the expenditure of $2,833,528.00 from Precinct 1 as part of their TRIP-08 program. The intent of the ICA associated with this item (Exhibit 2) is to provide an agreement between the City and the County for the receipt and use of these funds consistent with the timing of the receipt of the RTR funding (prorated percentage based on fiscal year). A total of $5,667,057.00 of the required local match will need to be provided from the City of Denton, half of which or $2,833,528.50 is intended to cover the City's obligations associated with this ICA. OPTIONS 1. Approve the interlocal cooperation agreement with Denton County. 2. Reject the interlocal cooperation agreement with Denton County. RECOMMENDATION Staff recommends approval of the ICA with Denton County in the amount of $5,667,056.50. The amount to be made available from Denton County Precinct 1 will be $2,833,528.00, with the City's share identified as being $2,833,528.50. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Not applicable. FISCAL INFORMATION Denton County has identified a total of $2,833,528.00 from the Transportation Road Improvement Program - 2008 (TRIP-08) funding available for the City's use. The County's share of the local match will be provided per fiscal year (FY), and coincidentally per phase, in proportion to the State's allocation of the RTR funding as included in Attachment A of the Advanced Funding Agreement (brought forward to Council at this meeting as a separate item for consideration): • FY2010 - $272,708.00 for Engineering. • FY2011 - $614,176.00 for Utility Relocations and Right-of-Way (ROW) Acquisition. • ' FY2012 - $1,946,644.00 for Construction. The City's share of the local match will be required per fiscal year (FY), and coincidentally per phase, in proportion to the State's allocation of the RTR funding as shown in Attachment A of the Advanced Funding Agreement: • FY2010 - $545,416.00 for Engineering (half of this amount or $272,708.00 is intended to cover the City's obligations associated with this ICA). • FY2011 - $1,228,352.00 for Utility Relocations and Right-of-Way (ROW) Acquisition (half of this amount or $614,176.00 is intended to cover-the City's obligations associated with this ICA). • FY2012 - $3,893,289.00 for Construction (half of this amount or $1,946,644.50 is intended to cover the City's obligations associated with this ICA). It is probably worth noting that some amount of schedule flexibility/adjustment will likely have to be employed on this project inasmuch as the dollar amounts to spend in this timeframe are fairly significant. John Polster with Innovative Transportation Solutions (ITS), the City's transportation consultant, has communicated that the State has related to him their willingness to cooperate with the local entities as necessary to adjust AFA schedules to meet project timelines. The source of funding for the City's local match is proposed to be from reallocated funds from other General Fund Capital Improvement Projects (CIP). Reallocation amounts from various bond projects along with their funding source (type of bond and year sold) as recommended for FY2010 through FY2012 are shown on Exhibit 3. Based on records research and conversations with ITS, staff can find no further contractual obligation at this time with TxDOT for the use of the listed Loop 288, Highway 2499, McKinney Street or F.M.2181 Widening funds (all projects already funded through TxDOT and/or the County with gas tax and- RTR funding). Other than the completion of some minor items, the Shady Oaks project is complete, and enough funding will be left in the project to complete these minor items. The remaining projects listed are either complete or, in the case of Brinker Road, not intended to move forward. These reallocation amounts were presented to the CIP Oversight Committee for recommendation to City Council on January 7, 2010, and the Committee voted unanimously to recommend these transfers to Council for approval. BID INFORMATION Not applicable. EXHIBITS 1. Mayhill Road Layout 2. Ordinance 3. Table of Possible Bond Transfers Respectfully submitted, Frank G. Payne, P.E. City Engineer ORDINANCE NO. 2010-_______ AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL COOPERATION AGREEMENT IN THE AMOUNT OF $5,667,056.50 BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY PRECINCT NO. 1 FOR THE WIDENING AND CONSTRUCTION OF MAYHILL ROAD FROM ITS INTERSECTION WITH COLORADO BOULEVARD NORTH TO U.S. HIGHWAY 380 (UNIVERSITY DRIVE); AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Cooperation Agreement (hereafter the “Agreement”) by and between the City of Denton, Texas and Denton County Precinct No. 1 referenced herein, was presented to, reviewed by and considered by the City Council at its regularly called meeting of January 12, 2010, and the City Council, considering the consideration and the mutual benefits to be attained by both the City and County of Denton, does hereby approve said Agreement; WHEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby approves the Interlocal Cooperation Agreement between the City of Denton, Texas and Denton County Precinct No. 1 providing for the widening and construction of Mayhill Road from its intersection with Colorado Boulevard north to U.S. Highway 380 (University Drive); substantially in accordance with the Interlocal Cooperation Agreement which is attached hereto as Exhibit “A” and is incorporated herewith by reference. The City Manager, or his designee, is authorized to execute the Agreement on behalf of the City. The City Manager, or his designee, is authorized to carry out the City’s rights and duties under the Agreement. Any prior actions of the City taken pursuant to the Agreement are hereby ratified. SECTION 2. The City Council finds that the Agreement will benefit the City of Denton, Texas and is in the public interest. SECTION 3. The expenditure of funds as called for in the Agreement, is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ____ day of _______________, 2010. ________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: ___________________________________ éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: January 12, 2009 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an Ordinance approving an Interlocal Cooperation Agreement (ICA) in the amount of $5,667,056.50 between the City of Denton and Denton County Precinct No. 4 for the widening and construction of Mayhill Road from its intersection with Colorado Boulevard north to U.S. Highway 380 (University Drive), authorizing the City Manager or his designee to execute said Agreement on behalf of the City of Denton; and declaring an effective date. BACKGROUND The City of Denton applied for regional toll revenue (RTR) funding from S.H. 121 tolling proceeds for several major transportation projects in August 2007. The Mayhill Road project (widening Mayhill Road from its current two lane configuration to a 4-lane divided section - refer to Exhibit 1) was selected for RTR funding. The total funded amount of the project is $56,6705566.00, with $45,336,453.00 coming from the State and $11,334,113.00 provided by local match. Denton County approved the expenditure of $2,833,528.00 from Precinct 4 as part of their TRIP-08 program. The intent of the ICA associated with this item (Exhibit 2) is to provide an agreement between the City and the County for the receipt and use of these funds consistent with the timing of the receipt of the RTR funding (prorated percentage based on fiscal year). A total of $5,667,057.00 of the required local match will need to be provided from the City of Denton, half of which or $2,833,528.50 is intended to cover the City's obligations associated with this ICA. OPTIONS 1. Approve the interlocal cooperation agreement with Denton County. 2. Reject the interlocal cooperation agreement with Denton County. RECOMMENDATION Staff recommends approval of the ICA with Denton County in the amount of $5,667,056.50. The amount to be made available from Denton County Precinct 4 will be $2,833,528.00, with the City's share identified as being $2,833,528.50. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Not applicable. FISCAL INFORMATION Denton County has identified a total of $2,833,528.00 from the Transportation Road Improvement Program - 2008 (TRIP-08) funding available for the City's use. The County's share of the local match will be provided per fiscal year (FY), and coincidentally per phase, in proportion to the State's allocation of the RTR funding as included in Attachment A of the Advanced Funding Agreement (brought forward to Council at this meeting as a separate item for consideration): • FY2010 - $272,708.00 for Engineering. • FY2011 - $614,176.00 for Utility Relocations and Right-of-Way (ROW) Acquisition. • FY2012 - $1,946,644.00 for Construction. The City's share of the local match will be required per fiscal year (FY), and coincidentally per phase, in proportion to the State's allocation of the RTR funding as shown in Attachment A of the Advanced Funding Agreement: • FY2010 - $5453416.00 for Engineering (half of this amount or $272,708.00 is intended to cover the City's obligations associated with this ICA). • FY2011 - $1,228,352.00 for Utility Relocations and Right-of-Way (ROW) Acquisition (half of this amount or $614,176.00 is intended to cover the City's obligations associated with this ICA). • FY2012 - $3,893,289.00 for Construction (half of this amount or $1,946,644.50 is intended to cover the City's obligations associated with this ICA). It is probably worth rioting that some amount of schedule flexibility/adjustment will likely have to be employed on this project inasmuch as the dollar amounts to. spend in this timeframe are fairly significant. John Polster with Innovative Transportation Solutions (ITS), the City's transportation consultant, has communicated that the State has related to him their willingness -to cooperate with the local entities as necessary to adjust AFA schedules to meet project timelines. The source of funding for the City's local match is proposed to be from reallocated funds from other General Fund Capital Improvement Projects (CIP). Reallocation amounts from various bond projects along with their funding source (type of bond and year sold) as recommended for FY2010 through FY2012 are shown on Exhibit 3. Based on records research and conversations with ITS, staff can find no further contractual obligation at this time with TxDOT for the use of the listed Loop 288, Highway 2499, McKinney Street or F.M.2181 Widening funds (all projects already funded through TxDOT and/or the County with gas tax and RTR funding). Other than the completion of some minor items, the Shady Oaks project is complete, and enough funding will be left in the project to complete these minor items. The remaining projects listed are either complete or, in the case of Brinker Road, not intended to move forward. These reallocation amounts were presented to the CIP Oversight Committee for recommendation to City Council on January 7, 2010, and the Committee voted unanimously to recommend these transfers to Council for approval. BID INFORMATION Not applicable. EXHIBITS 1. Mayhill Road Layout 2. Ordinance 3. Table of Possible Bond Transfers Respectfully submitted, Frank G. Payne, P.E. City Engineer ORDINANCE NO. 2010-_______ AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL COOPERATION AGREEMENT IN THE AMOUNT OF $5,667,056.50 BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY PRECINCT NO. 4 FOR THE WIDENING AND CONSTRUCTION OF MAYHILL ROAD FROM ITS INTERSECTION WITH COLORADO BOULEVARD NORTH TO U.S. HIGHWAY 380 (UNIVERSITY DRIVE); AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Cooperation Agreement (hereafter the “Agreement”) by and between the City of Denton, Texas and Denton County Precinct No. 4 referenced herein, was presented to, reviewed by and considered by the City Council at its regularly called meeting of January 12, 2010, and the City Council, considering the consideration and the mutual benefits to be attained by both the City and County of Denton, does hereby approve said Agreement; WHEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby approves the Interlocal Cooperation Agreement between the City of Denton, Texas and Denton County Precinct No. 4 providing for the widening and construction of Mayhill Road from its intersection with Colorado Boulevard north to U.S. Highway 380 (University Drive); substantially in accordance with the Interlocal Cooperation Agreement which is attached hereto as Exhibit “A” and is incorporated herewith by reference. The City Manager, or his designee, is authorized to execute the Agreement on behalf of the City. The City Manager, or his designee, is authorized to carry out the City’s rights and duties under the Agreement. Any prior actions of the City taken pursuant to the Agreement are hereby ratified. SECTION 2. The City Council finds that the Agreement will benefit the City of Denton, Texas and is in the public interest. SECTION 3. The expenditure of funds as called for in the Agreement, is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ____ day of _______________, 2010. ________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: ___________________________________ Ln m O k N m Lr } ko Ln C ko N LL O ci t/? 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