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12-07-1993 'A tti S J,W, ERWiN SU801MS10N I i owNER'S CER11nwr mAcr a Stock One 4 ' I I e COLjNTI' AF DEMON t3EpNNINC of o I11 inch k J/2 inch iron rod found for the northeast comer of sold rro^t ? and I _ Toned, SF- t 6 I the point of intersection of the northwesterly right-of-way fine of ~ STA TE OF TEXAS X being located of the point 4p0~- J town motor Parkway (a 80 I . dwwnv fn An fswt wirids rtnht-of-wev) with the sauthwestedy right-of- ?3'"E~ ?i4, ' I _ WEREAS MAWX 91 INC,,HANDY FEUCHT CNJSTRUCTION, INC. AND IMLUAM HUTSE or the way line of SouthridQe Ori~r - r owners of a tract of land situated in the John McCowen Survey, Abstract Numbe 7970 In the City of Denton, Denton County, Texas and being any of TRACT I and 8ENCE along the ntances s e'41~ \ q~ 27 I e cw TRACT 2 according to the deed recorded In Volume 3417, Page 0001 of the Dee southeast NEST a distance (19,910 SF.) I Records of Denton County, Texas (DROCT) and being oil of Lots 28 and 29, Bloc { southeast coma of Bold Ti i. 11~- I I of SOUrHRIDCE EAST PHASE 1, an addition to the City of Denton according to tin" n♦Dvq~ depatng the Hall plat recorded in Cabinet D. Page 315 of the Plot Records of Denton County, Tex a \ (PROCT) and being more particularly described as Tract I, Tract 2 and Tract 3 and following the southerly 26 J I follows, 7,194 feet to 0 112 Inch i ,'(4,7,214 Sr,► r i TRACr r _ THENCE deporting the soul "F of 179.32 feet to 0 112 In A MAP 8ECINNING at o 112 Inch Iron rod found for the most westerly comer of soAl Tract 1 of sold Tract Z "Osc 'AGE J48-N opo 1 I and being the most southerly comer of Lot 17, Block A of the Ridge of Soo thridge, on o' 50, pool 2pr ~y •eec n;ory . I addition to the City of Denton according to the plat recorded In Cabinet D, Pogo 334 > INENCE NORTH 0971'09' M 26 I (PROCT) and being located In the northeostody right-of-woy fine of Southridge Drive for the most westerly norti SCALE ; 1. y 1~, A11 corners on subject t i are monumented with 112 inch iron rods found, unless othe i noted. / \fi~ u'ora (10,704 SY.) J / I to 6D reef wk4a dnhf-Al-wnv)• A The Ridge of Southridga TABLE Cabinet 0, Pe JM / (PROCe No OeNo Rafts IWymI length Chord Sexing Ch lth Zoned, S7. 16 / GV.1 30`18'44 757.74' 205.25' 400,88' S.13'39'4 W 396,220 b N2 19'56'52" 92.00' 16,18' 32.03' S.JB'47029"W J1.81' `41 Gk3 19456'52" 108,00' 18.99' 31,60' S,38'4729"W. 37.41' Block A IN4 37,11021" 270.00' 91.71' 176,82' N.4275'17"W. 174.68' Cv.5 04434'22" 583,04' 23,28' 46.53' N.25'56'46"W 48,52' ,5 GV.6 02031'16" 330.00' 7,26' 14.52'S,59'55198E. 1452' i i otiti ; / f ~ TANGENT TABLE 86 No, pearlnp length / r-1 S,28'49'030W, 80.76' TRAC r-2 S.M9'0J"W. 12.73' p4~ BE iNT OF rep 5, 49 A GIN NO J 170 P T-3 N,61'f0'S70W 50,68, r` - T-4 N.2J'J9'35"W. 78.10' rRACr 1 A ocr; i T-5 S.86'-11'J6"W. 73.94' 44 / T-6 S.6VI0'S7'E, 71.68' \ \ 4 T-7 S.88'40'29"W 82,34' a 1 " r-8 N.88440'08"E. 51,13' 2p r-? N.01'20'JeW. 52.57' ~Aa,~' (4e,~3 SK) T-10 N,88'J9'24"E. (53,87' acs, \ d T-11 S.09021'09"E. 16.60' lA • 13.4 40 S.F.) ~ l F =1iu 1 fi~a s Lac suYxaxr >A T 1 ` I wv (27,5 1 S.F.) Tract 1 = 10 Lots \ Tract 2 = B Lots au ?Snot 3 = 2 Lots TOM = 10 Lars J61t 10 .r , Southrid a Cost Phase 1 (39) T ~ r , i 100 Cabinet 0, Poge 315 i zone~r'J 10 J L~ t 1II Of Sold Lof 79; u w U Hd 8 1 S °0 C~ 1 0`°) i 1 7`1"0. 49 / r kit J r C1 1RACT S r0a ~'I\\ 4,4610 AC f' ' 3417, PJ 0001 OROCIJ i4 a 6,003 SF 10'(31.uo 11~t3~, I ; ay,l~h, Ff 637.6 4.131 A i6UBNC~ a 119,918 St I . fit - . t _ , ILI J ~1 0 tYl~Siam 5wR r 1 1; GATEWOOD DRIVE % (so' pow) i I Ii r, r. t Sauthrfd a Caet Photo I 76 ,1 G Cabinet 0, Po a 3tb ~ ~PRnc a;~ , / ,tt J toned, S 10 ee11 8 1 ti E„ i r,~ Nlf! ' rnR I I TRA cr 1 J 8'0,, D, 939 ACIR)AN - S. 1 ~4 `TI a I r~aNr o 1 Y ~4U,89J 50. f7.) 9EOtNNINO Ifs tors R'dgg~ iRACr 3 Ca . 1, Pg W5 AL. !I 1 toned: SF- f6 .~l A~ - Boole : t' too' ftbok/d Bq ; J. kurlt P~ 4 IL DAle October, 1993 P.C. TOOWOM T. Krauska M4 i OAKS-P ~a Y DrAwn BY ; 1. kraueka Pto)*d No. ; 186-004-9350 No Dote"` it>l 0 3 f II % 6 A' b I1111~ _ 1 .i ■ 1 T 1 f L J MY _ I Mt {j, r r 00 at Denton, ?"&S o this day of 194). at L- ~ It♦ 1s I • T Y~s~ r P.O,E 1..,E I Northwest comer 5.00 Acre I Tract hJ 88'23'00° W' 319.84 1 /2~ ► AM Nti01t{ 1 tsl~ t 1 at I L ' M in the A. P. 1. '!4001ns parvey, Abstract Nurbor 1219 _ oenton Countyseta and Ming ell of a certain tract Weery'lrt~n -vm , of land in a dad recorded in volume 1111 Page 211 of the J f rclowunrin • owMra o s1mlo et, tract or petoel troperty Usoorde of Denton Co%lotypo 1 1X00 0a hotag ppa.rt of the 9.00 core tract shown en the plot ctt the'N. ord Subdlvlslon, an S1Ayl or vv"I i addition to the City of Denton, a0oarding to the pplot thereof recorded o0t9Mty or 1~90Ni 0" i f i' 30 0 30 60 90 Feet - ~ o bsing Moto pmrtlculetly529 descrof the DDowlcAsoorda of Renton County, Ter", OIMday onalllly o foregoing InsttlSwc aim ( fL.: e %J~ < e the rt a at a 1/2" iron rod set at the notthwat corner of the heroin the awe for tics purpw, II~,O,B,i described tract, m point In the south line of Lindsey treat va iahle an! in the apaci yt t"j N.O.x►, the sosw Wing the northeast corner of a arta~h tract of land described in a deed to ola Me Scott dated March 4 1999, from which a atVM UMM MY NAND AM S 88°23'00' E 100.00 1/2' iron rod found at the northwest corner of aatb 5.00 ears tract day of 1 InOatt.11 sl.i1!~0" 2 N, 119.91 fat r 1y,841 " .R. 1? 1'2 F.LR, TOO" S tl 21'00" 1 100.00 feet atong the south line of said Lindsey 70 .44 30.00 Meat and the north nine of eeid Smith tract to 1/2" iron roc Doc ..,I~o~y'FE~T~ >1 - 1 the northea/b corner tborsof and tho northwest corner of a certain State of Texas 1 tract of land described in a deed to lriomas f. Spend at ux, recorded In volume 1669, page 169 of the Itsel Property Seoords of Denton County, my commission expires t rixasr 25' B. L. Pon Cl 5 91 *1, L70 N 191.11 ts+t a;oo:nqq the meet line of said Austin f f9~ tract and the mat line of Sold oiland treat to a 10 Iran rod found on the north (tne of Block D of the lie N. Wnee 7Adition, on addlttpn' MIT" NS Mf *AM at Pent T to the city of Denton, sooordiiiq to the plot thereof retarded in 1991 DIi Cabinet A, Page 21 of the Plat Necords of Denton County, Texas t _ S L ~y I 1OMW N 05 90141" M, 99.9tk feet olw4 the south line 9yf amid Seith tr"t level the nortb line at said Nlook D of said Wylie H. ernes Nicol 36w"e aith- 0 Feet p = Addition to a 1/20 Iron rod sat at the sathesat Corner of said Ola Nae O n Scott !recto I ° N 01 01017" 1, 219.71 feet along the vest ijM of sold SNit~ OWN" or Do" I waft 1 r Areo 0.161 Acres trop and the pet line of old X"tt tract to the PWM CI Mp1l~t><NI this day per*onallyy a" 2 and onntaining approximately 0.155 Scam of land. to be the person whose inetswat and aatmable or OW K~ { ( ~ v~r h eby ►t i s final plot as sots IN ant tthe ccipao ty theen at 2N, block 7 tl~ DsbUvls on, mn#01ition to the City of Denton, Oenton County,.aM~ W heret7 dedlcate~to public fo"v*rr~ oylirDMoMetSDDOD ri 9M Alf T~ l~ Y f~ 1 1 _l • I i I k: z. s. 1/21 SA. I - 1 r 1 F,1.R. N 85°50' W 99.99 4 i IMF FINAL Pl. PLAT- Ifi LOTS 1R and 2R, E I 2R, BLOCK 3 1~ • r R F FORD SUBC SUBDIVISION M lr r? A Renlat of Part I Part of the ~r cre Tract t = M 1 r ~ c r ti VICINITY MAP -Not to Scale- I r I ■ i~ I L' A l 1 Lam. t i t Y' r C 0~Q Off; yApe> ao °ooo ' 'v O~DO OCR r o N is ~~ilooooaaaao~ i CITY COUNCIL AGENDA PACKET 'a December 7, 1993 i i Agandalte r' Date AGENDA CITY OF DENTON CITY COUNCIL a December 7, 1993 Work session of the City of Denton City Council on Tuesday, December 7, 1993 at 5115 p.m. in the Civil Defense Room of City ball, 215 E. McKinney, Denton, Texas at which the following items will be considered) NOTE: Any item listed on the Agenda for thy, Work Session may also be considered as part of the Agenda for the Regular session, 5:15 p.m. 1. Executive Session: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Consider offer of settlement in Wjli~t al. v. Cabrales, et al. 2. Consider Roebuck v City of Denton. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 1. Discussion regarding property acquisition on Mayhill Road ead Foster Road. 0. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 2. Receive a report, hold a discussion and give staff direction regarding roofing policies and procedures. 3. Receive a report, hold a discussion and give staff direction regarding the televising of City Council meetings. 4. Receive a report and hold a discussion regarding the Airport Plan and height and noise zoning regulations. Regular Meeting of the City of Denton City Council on Tuesday, December 7 1993 at 7100 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 7:00 p.m. 1. Pledge of Allegiance 2, consider approval of the minutes of November 2, 1993 and November 16, 15,13. 3. Presentation by the Citizen's Police Academy. Aa~Qa Mo City of Denton City Council Agenda Date/_..2-_2- December 7, 1993 P q, Page 2 4. Consider approval of a resolution of appreciation for Thad Blocker. 5. Consider approval of a resolution of appreciation for John F. Kizer, Jr. 6. Receive a report from the Ad Hoc Citizens' Sales Tax Advisory Committee on the public information program for the January 15, 1994 election. 7. Public Hearings A. Hold a public hearing and consider adoption of an ordinance changing Planned Development No. 71 by expanding the area within the planned development zoning district to 1.2306 acres by rezoning 553 acres from SF-7 to planned development, and approving a detailed plan changing the proposed use from mini-warehouses to eight duplex structures. The site is located approximately 170 feet south of the Uland Street intersection with Frame Street. 2-93-024 (The Planning and zoning Commission recommends approval.) B. Hold a public hearing to consider the preliminary and final replats of Lot 1, Block i, Frame Addition, plus .553 acres of unplatted land; into Lot iR, Block 1. The 1.2306 acre tract is located on the east side of Frame Street at Kent Street. (The Planning and Zoning Commission recommends approval.) C. Hold a public hearing and consider adoption of an ordinance approving a detailed plan for 9.296 acres of Planned Development No. 87, and rezone an additional .330 acres of the planned development to SF-10. The entire tract of land being reviewed is 9.626 acres, located on the west side of Lillian Miller Parkway at Southridge Drive. 2-93-022 (The Planning and zoning Commission recommends approval.) D. Hold a public hearing to consider the preliminary and final replats of .555 acres of the R. E. Ford Addition] into Lots iR and 2R, Block 3. The site is located on the south side of Lindsey Street, between McCormict, and Interstate 35E. (The Planning and Zoning Commission recommends approval.) I cendaNu > 3 City of Denton city Council Agenda gr,ndaltem December 7, 1993 Page 3 8. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, and contracts to be approved for payment under the ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 9.A, 9.B, 9.C, 9.D, 9.E, 9.F, 10.A, 10.B, 10.C0 10.D). 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. Upon the receipt of a "request to speak" form from a citizen regarding an item on the Consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. A. Ordinances 11 Contract with Fred Moore Child Care Center 2. Contract with Denton County Friends of the Family 3. Contract with Services Program for Aging Needs 4. Contract with United Way of Denton county 5. Contract with North Texas Community Clinics B. Resolutions 1. Contract with City of Krum 2. Contract with City of Corinth 3. Contract with City of Lake Dallas 4. Contract with City of Shady shores Co Bids and Purchases 1. Bid 01555 - Maple Street Sanitary Sewer 90 Ordinances - Consent Agenda A. Consider adoption of an ordinance approving a funding agreement between the City of Denton and Fred Moore Child Care Center] authorizing the Mayor to execute the agreement= and approving the expenditure of funds therefor. e ~ Idal to City of Denton City Council Agenda Z~ December 7, 1993 Page 4 B. Consider adoption of an ordinance approving an agreement between the City of Denton and Denton County Friends of the Family authorizing the Mayor to execute the agreementp and approving the expenditure of funds therefor, (8,A.2.) C. Consider adoption of an ordinance approving an agreement between the City of Denton and Services Program for Aging Needs, Incorporated) authorizing the Mayor to execute the agreementl and approving the expenditure of funds therefor. (S.A.3.) D. Consider adoption of an ordinance approving an agreement between the City of Denton and United Way of Denton County, Ino.j authorizing the Mayor to execute the agreement] and approving the expenditure of funds therefor. (8.A.4.) I5. Consider adoption of an ordinance approving an agreement between the City of Denton and North Texas Community Clinics, Incorporated) authorizing the Mayor to execute the agreements and approving the expenditure of funds therefor. (8.A.5.) F. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts fo,: public works or improvements. (8.C.1. - Bid 01555) 10. Resolutions - Consent Agenda A. Consider approval of a resolution approving an interlocal ambulance agreement between the City of Denton and the City of Krum for ambulance services. B. Consider approval of a resolution approving an interlocal ambulance agreement between the City of Denton and the City of Corinth for ambulance services. (8,8.2.) C. Considar approval of a resolution approving an interlocal ambulance agreement between the City of Denton and the City of Lake Dallas for ambulance services. (8.B.3.) D, Consider approval of a resolution approving an interlocal ambulance agreement between the City of Denton and the City of Shady Shores for ambulance services. (8.B.4.) A 3 &,do No Lindi City of Denton City Council Agenda December 1, 1993 Page 5 / d f 11. Ordinances A. Consider adoption of an ordinance authorizing the execution of a change order to a contract between the City of Denton and Steele-Freeman; and provid.'.ng for an increase in the contract price. B. Consider adoption of an ordinance of the city council of the City of Denton, Texas, approving guidelines for operation of the city of Denton Housing Rehabilitation Program and eligibility criteria; and authorizing expenditures in excess of $15,000 for projects meeting program guidelines and criteria. C. Consider adoption of an ordinance approving the guidelines for the Rental Rehabilitation Program and eligibility criteria; authorizing expenditures in excess of $15,000 for projects meeting program guidelines and criteria. D. Consider adoption of an ordinance allowing certain employees of the City who have terminated previous memberships in the Texas Municipal Retirement System, to deposit the sums so withdrawn, plus annual withdrawal charges, and allowing and undertaking the cost of allowing any such employee credit in such system for all service to which such employee had been entitled at date of such withdrawal, with like effect as if all such service had been performed as an employee of this city. E. Consider adoption of an ordinance authorizing and allowing, under the act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system on an annual basis for service performed by qualifying members of such system who at the effective date of the allowance are in the employment of the City of Denton; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; and to increase the rate of deposits to the Texas Municipal Retirement System by the employees of the City. F. Consider adoption of an ordinance approving and authorizing the city Manager to execute a compromise settlement agreement in the matter of uck._et~ al, v, =y of Denton. G. Consider adoption of an ordinance retaining the firm of : x WOOD City of Denton City Council Agenda December 7, 1993 Page 6 Wolfe, Clark & Henderson to represent the City of Denton in litigation pending against the City. 12. Resolutions A. Consider approval of a resolution formally adopting the name of the branch library, B. Consider approval of a resolution authorizing the Mayor to execute an agreement between the City of Denton and County of Denton for the provision of library services. C. Consider approval of a resolution appointing election judges for the special election to be held January 150 1994. 13. Consider a nomination to the Airport Advisory Board. 14. Miscellaneous matters from the City Manager. 15. Official Action on Executive Session Items$ A. Legal Matters a. Real Estate C. Personnel D. Board Appointments 16. Nee Business This item provides a section for Council Members to suggest items for future agendas. 17. Executive Sessioni A. Legal Matters Under TEX. GOVT CODE Sea. 551.071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sea. 551.074 NOTE1 THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. City of Denton City Council Agenda CRIB December 7, 1993 Page 7 d C E R T I F I C A T E 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 , 1993 at o'clock (a.m.) (P.m.) CITY SECRETARY NOTEI THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. :CITY =COUNCI . ~ rAr•W~~ hr} ~hr✓ r~ 4 • s r f t i AzV.. 00` ~L'. r~.. r.+r ~ M 1 NAUM ~QMtfONo ~ AW411 WTV of DENroN, TEXAS FURCHASWO DIVISION / 90?-B TEXAS STREET / DENTON, TEXAS 76201 TO: Mayor and City Council Members FROM: Lloyd Harrell, City Manager DATE: December 2, 1993 SUBJECTS ROOFING POLICIES AND PROCEDURES In mid 1989 during the early stages of the budget process Bruce Henington brought it to our attention that we had several roofing problems both present and potential. To enable us to prepare for those pending expendiUares through the Capital Improvements Projects and budget process our office solicited proposals for a roof study. The intent was to identify problems and recommend solutions. Three roof specialist responded and Mike Barton was selected to prepare the study, The study was completed In October of 1989. It consisted of review of Moro than 218,000 square feet of roof over 16 buildings. The roof inspection Included- A. Interior and exterior examination of all roof-related sheet metal, parapets, copings, flashings, roof mat, deck system, and all penetrations and/or projections through the roof system. B. Crosa-section analysis of core samples of the roof membrane. C. Analysis of Insulation and topside of deck system. D. Moisture meter readings of Insulation and/or membrane as required. E. Bitumen chemical analysis. F. Establish roof priorities as applicable. The completed roof report includesi A. Building and/or roof designation on shop drawing as required. B. Existing Conditions C. Recommendations based upon existing conditions. D. Project Cost Estimate E. Photographs Since it appeared the major problems with our roofs were age and design, we began a process to establish a program to extend the life expectancy of our roofs and to deal with the predominate flat roof design. A fifteen (15) year warranty was chosen with the intent to give longevity to roof projects somewhere equal to the debt pay off time period. Cost feasibility studies Indicate 15 year life is optimal based upon cost vs life oxpectancy. Also playing a part In the decision was that we do not have roof maintenance crews, building maintenance funds are held to a minimum during the budget process, water damage Is oxponalva and roof repair projects Inconvenience the citizens and staff. The 15 year warranty needed to be without exclusions for pending water, foot traffic, greases, chemicals, oils and debris. Tbese aro all contributors to our roof failures. 8171566.8311 DIFW METRO 267-0042 agenda No ROOFING POLICIES AND PROCEDURES Agendalle ~ -11 PAGE 2 OF 2 /~Omle 19 Fully realizing that total cost was a major factor, we looked at several roofing systems designed to compensate for flat roof design. We needed a system that would not single source or jeopardize the bid process. After reviewing specifications utilized by other cities, counties, school districts and the State of Texas we choose the "Hyload" system as a minimum specification. It meets all of our required criteria. A. Fifteen (15) year non exclusion warranty B. Available to all bondable insurable roofers C. Comparable materials manufactured by other companies le Garland Co. Pitch Ply, Research Roofing Elasto-Pitch D. Utilized by other political subdivisions of the State (Exhibit A) E. Designed for flat roof application Obviously warranties are of little value if companies are not around to perform the repairs fifteen years later. To help off set this concern we have chosen to incorporate Into our specifications the requirement for a roof systems specialist to supervise the application of roof. This person mayor may not represent the material manufacturer but must be Independent of the roofing contractor. The roofing systems specialist also serves as an unofficial representative of the City In place of a roofing Inspector. Building codes do not require formal inspection of roofing application specifically nor Is there a required certification for roofing like there is for plumbing, electrical and mechanical. Roofs however, appear to be the most common failure and often most expensive. We have been utilizing the "Hyload" systems and materials as a minimum specification since the roofing study was completed. To date all roofing projects have been competitively bid with multiple responses and all projects completed are performing satisfactorily. The Senior Center Expansion, MLK Recreation Center and Fire Station #8, all designed by the architect not utilizing the Hyload roofing criteria, currently have or have had major problems. Because of these roof problems we have Insisted that the new Library specifloation be drawn up using the Hylead style roofing criteria. It is our recommendation that the City of Denton not lower their current roofing requirements. We have a very good track record and feel that our current procedure is advantageous to the Citizens of Denton. e . Hams , ty r Prepared byi om D. 3 ,C.P.M. Purchasing Agent Attachmentei Independent f.aboratory Report from Southwestern Laboratorles Mc.cx P. T FROM lT. 2.3991 3B3 Ti P . , y EXHIBIT „A„ +gentlaNa - tale Ind 9 'his PUBLIC ENTITY REFERENCES 3003 LBJ FRWY, SUITE 237 DALLAS, TEXAS 75234 2141243.5441 TEXAS DEPARTMENT OF PUBLIC SAFETY, Austin, Texas (approximately 200 projects since 1974 TEXAS DEPARTMENT OF TRANSPORTATION, Austin, Texas (approximately 800 projects since 19721 TEXAS NATIONAL GUARD ARMORY BOARD, Auatln, Texas (approximately 900,000 square festl STATE PURCHASING AND GENERAL SERVICES COMMISSION, Austin, Texas (approximately 100 projects since 1972) TEXAS DEPARTMENT OF HEALTH, Austin, Texas (approximately 300,000 square feet) TEXAS EMPLOYMENT COMMISSION, Austin, Texas (approximately 100,000 square !set) TEXAS SCHOOL FOR THE DEAF, Austin, Texas (approximately 160,000 equate test) BAYLOR UNIVERSITY, Waco, Texas (approximately 760,000 square feet) , DENTON INDEPENDENT SCHOOL DISTRICT (approximately 500,000 squam feet) EVIRMAN INDEPENDENT SCHOOL DISTRICT (approximately 250,000 squata feet) SCHERTZ•CIBOLO•UNIVERSALCITY INDEPENDENT SCHOOL DISTRICT (approximately 600,000 square fast) CITY OF DENTON CITY OF IRVINO CORPOM,TE OFFICE: 3003 LBJ FRWY. s SUITE 237 a DALLAS, YX 16234 2141245441 FAX 2141241.6021 DEC 2 193 12375 214 241 8421 PAGE.802 FROM 12. 2. 1993 lei 2L 4ge~daNo 4gea dal Iote PUBLIC ENTITY REFERENCES pv y - FOR ARMKO INDUSTRIES, INC. PAGE 2 4LLAS COUNTY MENTAL HEALTH & MENTAL RETARDATION CENTERS WESTERN TEXAS COLLEGE, Snyder, Texas WIMBERLEY WDEPENDENT SCHOOL DISTRICT KERRVILLE INDEPENDENT SCHOOL DISTRICT ENNIS INDEPENDENT SCHOOL DISTRICT LAKE DALLAS INDEPENDENT SCHOOL DISTRICT CEDAR HILL INDEPENDENT SCHOOL DISTRICT JASPER INDEPENDENT SCHOOL DISTRICT GREENVILLE INDEPENDENT SCHOOL DISTRICT DE SOTO INDEPENDENT SCHOOL DISTRICT HUSTON-TILLOTSON COLLEGE PONDER INDEPENDENT SCHOOL DISTRICT SOUTHWEST TEXAS STATE UNIVERSITY, San Marcos, Texas ST. EDWARDS UNIVERSITY, Austin, Taxes WILLIS INDEPENDENT SCHOOL DISTRICT TERRELL INDEPENDENT SCHOOL DISTRICT KILGORE INDEPENDENT SCHOOL DISTRICT HUMBLE INDEPENDENT SCHOOL DISTRICT KAUFMAN INDEPENDENT SCHOOL DISTRICT STEPHENVILLE INDEPENDENT SCHOOL DISTRICT RED OAK INDEPENDENT SCHOOL DISTRICT HONEY GROVE INDEPENDENT SCHOOL DISTRICT DEC 2 193 1025 214 241 8921 PPOE.W3 iROM 12. 2.1993 50121 P. 4 ~gars~aNo _ 9 a - n ~5 Ag@nd~ll8tr<,,, PUBLIC ENTITY REFERENCES Date FOR ARMKO INDUSTRIES, INC. PAGE 3 UNIVERSITY OF TEXAS CHEST HOSPITAL, San Antonio, Texas DRIPP'NG SPRINGS INDEPENDENT SCHOOL DISTRICT HOPKINS COUNTY HOSPITAL CITY OF GREENVILLE AMBASSADOR COLLEGE, Big Sandy, Texas UNITED STATES POSTAL SERVICE ZAVALA INDEPENDENT SCHOOL DISTRICT HUNTINGTON INDEPENDENT SCHOOL DISTRICT KRUM INDEPENDENT SCHOOL DISTRICT TARRANT COUNTY MENTAL HEALTH & MENTAL RETARDATION CENTERS HARDIN INDEPENDENT SCHOOL DISTRICT DEC 2 193 18125 2W 241 8921 PAW. W4 i AgendaNe t s SOUTHWESTERN LABORATtt~a Wes'. Materials, environmental and jeotechnical enrinetring, nondestructive, metallurgical and analytical services 2435 Boardwalk • P.O. Box i 7965, San Antonio. Texas 78217 a 512/822.21 16 January 7, 1990 Re: Review of Proposed Roofing Systems Schertz-Cibolo-Universal City Independent School District SwL File No. 9.7742-04 SwL Report No. 14809 P.O. No. 12292 Mr. Herbert H. Rehmann Scher'z•Cibolo-Universal City ISD 1060 Elbel Road Schertz, Texas 78154 As requested by Mr. Herbert H. Rehmann of the Schertz-Cibolo•Universal City Independent School District (SCUD}, we have reviewed two roofing systems proposed for use on existing structures in the school district. This report includes the following: ■ Exposure and inservice conditions that the roofs in question will experience (as provided by Mr. Rehmann). Two proposed roofing systems as described by Mr. Rehmann and Mr. Michael Hamilton with Armko Industries, Inc. (a roofing consultant hired by the SCUC). ■ Our evaluation of each system with regard to exposure conditions, inservice condition and warranty considerations. Recommendation of the more suitable roof system. Exposure and Inservice Conditions 11111 Primarily, the roof surfaces will be exposed to animal fats (as lunchroom areas), ultraviolet milight f from science laboraat tory areas), natural precipitation. ■ Maintenance personnel will periodically walk on the roof while working on roof equipment and fixtures such as roof vents and air conditioning units. v+CUSTCN a CALLAS •'AUSTIN • BEAUMCNT • CONPCE • GALVESYC c CUNT E~..PGe AEOAAKA LE • ALEX ANORIA SAN ANTONIO 0 FOPT wCPrH 0 LEESVILLe 0 VICLANO 4 VONPO- S V 4gonda No. SOUTHWESTERN LABORATORIES AQendaltem WS•.Z Schertz•Cibolo-Universal City ISO SwL File No. 9-7742-04 Date_ / -7-9 3 SwL Report No. 14809 I~ 7 7 isP`~ Page 2 of 6 ■ Presently, the buildings have experienced some differential movements resulting in low areas primarily at the building perimeter. Reroofing plans include the installation of tapered insulation in these areas to promote drainage towards the interior roof drains. However, some low areas (where water will pond) are expected to remain in the other areas of the roof even after reioofing has been completed. Pro nosed Roofing Systems The proposed roofing systems submitted for review are as follows: System 1 (As specified) ■ Vented base sheet mechanically fastened to the existing lightweight concrete insulating roof fill. ■ Two plys of Type IV fiberglass sheets hot mopped to base sheet with steep asphalt and with interply steep asphalt. a Coal tar modified elastomeric membrane reinforced with dispersed polyester fiber (Hyload 150E). This membrane is hotmopped to the top fiberglass ply with steep asphalt. ■ Flood coat (roofing asphalt) and river gravel surfacing. ■ 15-year warranty. System (Proposed alternate) ■ Perma Ply R fiberglass sheet mechanically fastened to exir,~ing lightweight insulating roof fill. a 3/4-inch thick Owens Corning Fiberglass Insulation (as stated by Mr. Michael Hamilton, insulation added only so that the system qualifies for a 15-year warranty; insula- ti:n is not needed to supplement existing insulation). ■ Three plys of Perma Ply R fiberglass roofing felts hot mopped to insulation with roofing asphalt and with interply roofing asphalt ■ Flood coat (roofing asphalt) an? river gravel surfacing. ■ 15-year warranty. a 9~ = Igenda No agendallem, p~`~ SOUTHWESTERN LAEIORATORIES i to / K ' 7'" 7 Schertz-Cibolo-Universal City ISD SwL File No. 9-7742-04 SwL Report No. 14609 Page 3 of 6 Evaluation of Roof Systems The technical information discussed in this system is taken from the following sources: Manufacturers literature for the Hyload 150E Roofing (supplied to us by Mr. Hamilton). Roofing Materials Guide, Volume 17, August 1990, published by the National Roofing Contractors Association. Fsgosure Conditions The Hyload membrane (in System 1) is reportedly "resistant to a range of chemicals including mineral oils, greases and many solvents, as well as acid and alkaline chemicals". Manufacturer's literature also states the, the "Hyload 150E bas 16 times the crack bridging capability of a conventional 3-ply built up roof". This membrane has recently been used on several roofs in the school district. Ve understand that the membrane has performed well to date. No comparable information was reported concerning System 2. Membrane Strength Reported values are as follows: System 1 Puncture Elastomeric Tensile StreU t_h Resistance Properties Fiberglass Plys 48 psi/ply Hyload 150E 1500 psi 330 psi Elongation • 170% Memory - 100% ~ tem Puncture Elastomeric Tensile Strength Resistance Prooett_AL- Fiberglass Plys 67 psi/ply None Reported None Reported 5OUrNWESTERN LABORATORIES 4ge'IOa1t9n1,.i,•--' ~f~^-"-3~ Schertz-Cibolo•Vniversal City ISD Rzte._.._L? SwL File No. 9.7742.04 SwL Report Na. 14809 Q Page 4 of 6 r:,e previous page indicates that Hthe oweverenthe Hyload The information on slightly greater in system 2. of fiberglass plys is ghtly the additional highly desirable properties membrane in System 1 provides the ability to high tensile strength, puncture resistance andwithout permanent deformation bri The stretch and . and/or contract (elastomeric properties} roPerties help the membrane to l eofxpand the membrane. These P building movements and therma cycling. cracks in the roof caused by foot traffic puncture resistance of the Hyload membrtoolsidrpped dropped t by minimize e leaks cause by puncture type mechanisms (that is, on the roof and windblown debris). VarrantY Considerations several additiona "specific exclusions from ions to make warranty ineffective or null an In general, System 2 has osull and ;,z:erage" and "specific condit Bas void" when compared to those of system I. ed on the iven in specifically these additional inclusions/conditions specifically 1 inservice conditions, a, Detailed information is g oofs in to the r questions- apply and 2 and is discussed below. specific exclusions found within System 2 but not found in The significant system 1 are as follows: I 0 ee in buildn us . it is c onceivable use as under, to the g• will occur in building g signed that changes school district expands, and on some will 11. areas f thearoof afterirepai s have been rcompleted. -to is 1&e. It is known that someo of the 13. BAZWK roofs will be exposed to animal fa btusildand chemical ~e absence of of T~• de~f¢n/const u t1 n ovides an additional safety 17 this exclusion for System I Pt roblems thi p factor against design and/or construction associated with the existing structures. c conditions to make the warranty ineffective or null and void (as The specifi addressed on the following page. listed in Table 2) are ,41 ~ge~daNo 4ge~dalle-1 SOUTHWESTERN LABORATORIES Schertz-Cibolo-Universal City ISD SwL File No. 9-7742.04 P g /0 SwL Report No. 14909 y /SR yj 0 a o Page 5 of 6 stem 1 R. Apply _materials according to manufacturer's specifications or instructions. The warranty for System 1 requires that the roofing applicator be "approved, authorized or licensed" by the roofing manufacturer and that Hyload will make on-site inspections (at no charge) prior, during and after application prior to issuance of guarantee. Thase require- ments should help to assure that the roofing materials are applied in a manner satisfactory to the manufacturer. System 2 C. Payment by owner - Aside from items which do not meet project specifications or contractural agreements (which should also be of concern to the manufacturer), the undersigned foresees no other technical item that should preclude payment by the owner. N. Re2air work by unapproved contractor/or use of unapproved mare is - The roofing applicator usually warranties his workmanship for a period of two years and would make all necessary repairs during that time period. After that time, repairs could be performed by the same or an alternate approved roofing applicator using approved materials. Recommendation of Roof System Based on the information discussed in this letter and on our experience with similar projects, it is our opinion that System 1 is more suitable for the roofs in question. Its material properties and warranty appear to be significantly superior to that of System 2 especially when considering the issues of building use, ponded water, chemical fumes and crack bridging capability, Regardless of the roofing system that is ultimately chosen, we recommend that titre performance history and stability of the manufacturer, roof membrane and roofing applicator be thoroughly researched. a g ApondaNo Apdatten 044;'r SOUTHWESTERN LABORATORIES ~t0 .I . ' 11 Schertz-Cibolo-Universal City ISO SwL File No. 9-7742.04 (l e1 /5ILP P SwL Report No. 14809 Page 6 of 6 We hope this fulfills your needs at this time. Please contact us if you have any questions. We appreciate the opportunity to work with you. Very truly yours, SOUn WF,STERN LABORATORIES, INC. i Chuck A. Gregory P.E. Project Manager Materials Engineering Division Garland L. Burch, P.E. Manager San Antonio Office CA0/GLB/jlc Attachments Ageada No 0 6OUTFtW ESTERN LABORATORIES AAendel Schertz-Cibolo-Universal City ISD Date SwL File No. 9.7742.04 n SwL Report No. 14809 Attachmbnt - page 1 of 4 TABLE 1 SUKKay OF 'SPECIFIC EXCLUSIONS FROM COVERAGE' FOR EACH OF THE pROPOSED ROOFING SYSTF14S System 1 1. Natural disasters and acts of God (lightning, tornados, earthquakes). 2. Hail. 3. Acts of negligence, abuse or misuse, accidents, vandalism, civil disobedience, war. 4. Damage by structural failure, settlement, movement, distortion, warpage, displacement of structure. 5. Failure of material and/or metal work not supplied by manufact- urer issuing guarantee or warranty; movement of metal work. 6. Repairs fixtures,ororalutilities onforrthrough roof without prior approval of manufacturer. 9. Traffic or storage of materials on roof. 10. Moisture entering roof systems through wads, copings, or any part of building structure, including from adjacent buildings. 22. Infiltration or condensation of moisture in or through underlying area; vapor condensation beneath the roof. $yp tteg _Z 1. Natural disasters and acts of God (lightning, tornados, earthquakes), 2. Hail. 3. Acts of negligence, abuse or misuse, accidents, vandalism, civil disobedience, war, 4. Damage by structural failure, settlement, movement, distortion, warpage, displacement of structure. 4 i Agenda No. ~ --y- SOUTHWESTERN LABORATORIES Ago tidelteR1..- Schertz-Cibolo-Universal City ISD Date _ ' SwL File No. 9.7742.04 SwL Report No. 14809 Attachment - Page 2 of 4 TABT5 1 (Continued System 2 (Continued 5. Failure of material and/or metal work not supplied by manufact- urer issuing guarantee or warranty; movement of metal work. 6. Repairs or alterations of roof or installation of structures, fixtures, or utilities on or through roof without prior approval of manufacturer. 7. Defects in, failure or improper application of, roof insulation, roof deck or any other underlying surface or material used as a base over which the roof is applied. 4. Change in usage of building without prior written -pproval of manufacturer. 9. Traffic or storage of materials on roof. 10. Moisture entering roof systems through walls, copings, or any part of building structure, including from adjacent buildings. 11. Damage resulting from lack of positive, proper, or adequate drainage; ponding on roof. 13. Environmental fallout, chemical attack or use within building of commercial of industrial solvents, acids, caustic fluids, oils, waxes, greases, absorbents clays, or plasticizers, 16. Fire, 17, Faulty construction of design of building, including parapet walls, copings, chimneys, skylights, vents, or of roof deck. 18. Contaminations that have not first been approved or accepted by manufacturer; exposure to or contact with damaging substances on deteriorating substances or agents. 22. Infiltration or condensation of moisture in or through underlying area; vapor condensation beneath the roof. 23, Damages caused by falling objects. I Aoenda No SOUTHWESTERN LABORATORIES Ageildallertt, LC~S -x`02 Schertz-Cibolo-Universal City ISD - 7- SwL File No. 9-7742-04 SwL Report No. 14809 l~ ~y 1540 go Attachment - Page 3 of 4 e TABLE 1 (Continued REFERENCES Roofing Materials Guide, Volume 17, August 1990 published by the National Roofing Contractors Association. System 1 - "Hyload, Inc. 10-Year Guarantee High Performance Roofings"; December, 1986. System 2 - "Owens-Corning Fiberglass Corporation Perma Ply R Roofing System Guaranty"; February )988; Publication No. 15-RW-10545-0 (Specimen copy has designation Publication No. 15-RW-10492-J). i e.a qmu SOUTHWESTERN LASOMATORIES Schertz-Cibolo-Universal City ISD c ah- SwL File No. 9-7742-04 Sysa SwL Report No. 14809 Wild oI Attachment - Page 4 of 4 ry,,.0 /o? `7-D /f TABLE 2 /S aj /S SUMMARY OF "SPECIFIC CONDITIONS TO MAKE WARRANTY INEFFECTIVE OR NULL AND VOID' FOR EACH OF THE PROPOSED ROOFING SYSTEMS System 1 R. Membrane or materials supplied by mancfacturer are not applied according to manufacturer's specifications or instructions. System 2 C. Failure of owner to pay all bills for roof installation and materials. N. Repair work by any contractor other than approved contractor or use of unapproved material. t REFERENCES Roofing Materials Guide, Volume 17, Augk,sc 1990 published by the National Roofing Contractors Association. System I - "Hyload, Inc. 10-Year Guarantee High Performance Roofings"; Dec r, 1986. System 2 - "C orning Fiberglass Corporation Perma Ply R Roofing System Guarani; February 1988; Publication No. 15-RW-10545-0 (Specimen copy has designation Publication No. 15.RW-10492-3). i k DATE ~ME,S•d.. ...~•.-7..:~~3.. CITY COUNCIL AGENDA ITEM oete TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: RECEIVE A REPORT, HOLD A DISCUSSION AND GIVE STAFF DIRECTION REGARDING THE TELEVISING OF CITY COUNCIL MEETINGS. RECOMMENDATION: None at this time. SUMMARY/BACKGROUND: See attached Report. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Community Services Department, City Council, DISD, Denton Citizens. FISCAL IMPACT: Varies dependent on action taken. Respe fully submitted, I,1 yd V. Harrell City Manager Prepared by: Bil~1A n qo Director of Community Services Approved by: R. E. Nelson Executive Director of Utilities A12893C k+p 8 AQBRa?~f0. J 3' a y S A{,e1d2Item r ! r 7-11 CITY OfDENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 M E M O R A N D U M TO: R. E. Nelson, Executive Director of Utilities FROM: Bill Angelo, Director of community services DATE: December 2, 1993 SUBJECT: TELECASTING OF COUNCIL WORK SESSIONS Per your request, I have prepared the following report on the cost and logistics involved in tLe telecasting of City Council work sessions. In this regard, there appears to be three distinct possibilities relative to the telecasting of work sessions. The first scenario involves tl,_~ telecast of the work sessions prior to the regularly scheduled Council meetings. The second scenario involves the telecasting of Council work sessions on the second and fourth Tuesday nights of each month which are special called meetings of the Council. The third scenario involves the telecast- ing of Council work sessions from the Civil Defense Room rather than the City Council Chambers. Relative to the latter scenario in which the work sessions are broadcast from the Civil Defense Room, such a broadcast is possible; however, numerous technical problems exist which substantially increase the coot of such an endeavor and/or will seriously detract from the quality of the production. The greatest obstacle to such a broadcast involves the size of the Civil Defense Room which does not allow for adequate dist,inces from the walls to the table area which is needed for the camera to function properly. In essence, such short distances wi:1 preclude camera shots which include the entire Council and almost all shots will focus on one or two individuals at a time. Another problem stemming from the size of the room involves the limited seating available for the audience which would suffer further reduction to accommodate the camera and the operator due to the space required for the camera unit and operator. The second major problem with a broadcast from the Civil Defense Room involves the absence of a sound system in the room from which A12793C/l 8171566.8200 D/FW METRO 434.2529 A~srdaNo q3 o Agodellem o~r3 R. E. Nelson/TELECASTING OF COUNCIL WORK SESSIONS We~= December 2, 1993 Page 2 3 to tape the audio feed portion of the program. An audio system J could be installed at a cost of several thousand dollars which would compensate for the audio problem; however, such a system would leave exposed wiring across the floor and under the tables which could be fairly inconvenient and somewhat dangerous. Another option to compensate for the absence of a sound system would involve the use of a directional microphone on the camera iinit itself. Although we currently have access to such equipment, the quality of the audio could be a problem as this type of system does not compensate for personal voice volumes and allows outside noise into the program. Broadcasts from the room will involve the purchase and installation of additional cabling between the downstairs camera and the switching unit located in the Council Chambers. Approximately 100 feet of camera cable and 100 feet of communication cable would need to be acquired at a cost of $2,000. Installation of the cable would cost approximately $500. Assuming a one camera shoot, personnel expenses for the broadcast of the downstairs work s,assions for the meetings on the first and third Tuesdays of each month will run approximately $665 from January, 1994, through September, 1994. Another major problem which exists from the broadcast of the downstairs work sessions on regular Council meeting dates involves the necessity of disassembling the camera unit, carrying it upstairs, reassembling the unit and recalibrating the camera for the difference in light levels in the different rooms. Such activity will require 30 to 45 minutes to complete which would necessitate a delay prior to the start of the regular meeting. A possiblu option to avoid this problem would involve purchasing a third camera unit at a cost of $14,000. In order to telecast the work session on the second and fourth Tuesdays of each month, only nominal personnel expense would be incurred if the meeting is conducted in the Council Chambers. Assuming a two camera shoot for four hours each from January, 1994, through September, 1994, personnel costs are estimated at $1,227. No new eo,ilpment or cabling would be required for such a telecast. on the negative side of this issue, you may recall that in our previous discussion with the Denton Independent School District, the DISD Board expressed a desire to telecast its meetings on the second and fourth Tuesday of each month via the same channel and utilizing some of the City's equipment. In those same discussions, the City indicated that there were times when regular meetings of tt.e Cif ; Council might be moved to either the second or fourth A12793C/2 5 C[ i Agtale;tem~...~5- _..__.13" R. E. Nelson/TELECASTING OF COUNCIL WORK SESSIONS Data December 2, 1993 P$ r Page 3 Tuesday due to scheduling conflicts and that the Cit:y's broadcast would take priority over School Board broadcasts. Additionally, the School Board at that time indicated that they might consider moving their meetings to a different night of the week. In a recent conversation with DISD Public Information Officer Susan McGuire, she indicated that the School Board did intend to commence with their broadcasts this spring on the second and fourth Tuesdays of the month. She also indicated that the current Board was not as receptive to moving their meetings to another night as the previous Board had been. Obviously, a Council decision to telecast the work sessions on the second and forth Tuesdays will require additional discussion with the school district. Relative to the first scenario in which telecasting the work sessions prior to the regular meetings on the first and third Tuesdays, the costs associated with the telecast would be nominal as long as the meeting is conducted in the Council Chambers. There would be no cost for additional equipment or cabling and the additional personnel expenses for the telecasts are estimated at $665 from January, 1994, through September, 1994. In summary, I would point out that whils telecasts from the Civil Defense Room are feasible, we do not believe that the Council would be satisfied with the quality of the production, the expense incurred and the potential inconvenience that such an endeavor would cause. The telecasting of work sessions from the Council Chambers is also feasible and expenses for such a telecast would be nominal. Telecasts of the Council work sessions on the second and fourth Tuesdays of the month would create problems relative to the telecast of DISD School Board meetings. Should you have any comments or questions on the natter, please let me know. i Respectfully submitted, Bill Angelo A12793C/3 r fc,TY~ . COUNCL 4 O O O ~ ♦ O x t / oOO~ 0 GtA~ ~COUNC' ~r 3 9-O Awdalt l~G 3 Dale. 1510 73~ CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8307 Office of fhe City Manager MEMORANDUM TO: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager DATE: December 20 1993 SUBJECT: Update on the Airport Master Plan and Height Control and Compatible Land Use Regulations Hearings Wednesday, December 8, the Planning and Zoning Commission and the Airport Advisory Board will be holding a joint hearing to take comment on the Airport Master Plan and the proposed Height Control and Compatible Land Use Zoning Regulations. You may recall that we mentioned that this would be coming forward several months ago, There are really two parts to this discussion, and we wanted to let the Council know about each of them, The Height Control and Compatible Land Use Zoning Regulations have been proposed and recommended by the Airport Zoning Co:mission. Council may remember that this was a joint board comprised of three members from the Planning and Zoning Commission and three members from Airport Advisory Board. The Airport Zoning Commission concluded its work in late July. They recommended restrictions for building heights for the current and proposed ultimate extensions to the existing runway as well as restrictions for the second larger, proposed runway. They also recommended two types of alternative regulations for compatible land use around the Airport to eliminate problems with noise throughout the life of the plan. I have included :raps of both of these for the Council's information. The height zoning map is labeled "1"s the noise boundary maps are labeled as 112". The inner zone on the noise map is called zone 1 and the Airport Zoning Commission recommended that no new residential uses be allowed in this zone. This is to facilitate operations and to match provisions in the Denton Development Plan. The second zone is labeled as Zone 2, in this zone, the Commission recommended that avigation easements be obtained for residential uses or residential users be required to mitigate for noise as buildings are permitted. If the latter option is chosen, the noise mitigation improvements required would be very similar to what is "Dedicated to Quality Sen-ice" ~gendaNo AgerjrdeIlem Lloyd V. Harrell December 2, 1993 0 Page 2 required for an energy efficient home (i.e. such as brick veneer, double pane windows, attic insulation, composition roofs, etc.). This would allow prospective residential users to mitigate the noise and to build in Zone 2 for residential kinds of uses. The second corresponding part of this which will also be reviewed and discussed will be the draft Airport Master Plan. Council has seen early renditions of the proposed improvements fox the twenty year plan. They include extending existing runway to 7,500 feet and ultimately building up to a 10,000 foot runway further to the west. As we mentioned earlier, all of these improvements are predicated on demand and with the assumption that federal funding will be forthcoming to facilitate construction. Since that time, the FAA has advised us that the 10,000 foot runway cannot be included a3 part of the plan that they will approve which is called the A.L.P. or the Airport Layout Plan. This is because there is a regional plan teing done now by the FAA and COG to pick the proposed sites for passenger air traffic in the region once all the capacity at DFW and Love Field are used up. Instead, they have suggested that we do that runway as an appendix to this plan. Those changes have been made to the di,aft plan so all of the options can remain open. The Airport Advisory Board has seen them and has recommended them to you. There have been some concerns by resie'ents in the vicinity of the Airport that we may be moving too faEt or that we are curtailing use of some land at or near the Airf,c.rt. Those issues will be discussed with the Planning and Zoning Commission and brought to you with the recommendation of l S Z and the Airport Advisory Board. The staff is recommending tlirt these restrictions be put in place simply to give future Counci'I'a more options as the Airport is ultimately developed. I have included a copy of the agenda backup going to P 6 Z and will be happy to try and answer questions which you or the Council might have at your convenience. 4- t~ Rick Svehl Deputy City Manager RScbw AMM003AE Attachments 1`r I HEIGHT ZONING #1 J' r a ! t i a .fib ? ' ~ i ~t l: r +'r J ~ / ~''a ~ fI~" . c! . h I ~ ,k•. r } M [ i Z N~ ~ ~ ~~I} ~i+ ,/L . f CIS [ 1 ~ r I .1~ C ♦ y a, t~f + 1, ~ ' ICI I ~/1 ~l 1 ww let Iwo Y rl. (1 •7 {y , i Y: ~i+3_d ..."'•n~ T Fir. V'I,r'i.1 I PART TI AIRSPACE PLAN VI O Ali ~ -Sufi NOISE BO NDARY #2 55 ' J -'I • ~ i , r r' _ ~ f _ 7 4^~ .y A, ~ I , Cry1. r~ t r t kiR t - . r~ i' ;z I NMI - _ u .roa I 2 ,qln rL a' t+r.t_ 7-Y Planning and Development Department CITY OF DENTON 11s E. Mcvjrney, Deacon, Teus 76101 (817 )56&$350 DATE: December 1, 1993 TO: Planning and Zoning Commission and Airport Advisory Board FROM: Harry N. Persaud, Senior Planner SUBJECT: HOLD APUBLIC HEARING ANDCONSIDER MAIGNGARECOMMENDATION TO THE CITY COUNCIL REGARDING THE PROPOSED AIRPORT MASTER PLAN AND THE PROPOSED REGULATIONS FOR HEIGHT CONTROL AND COMPATIBLE LAND USE ZONING IN THE VICINITY OF THE DENTON MUNICIPAL AIRPORT: RECOMMENDATION The Airport Zoning Commission recommends adoption of the proposed Airport Master Plan and the proposed regulations for height control and compatible land use zoning. (4 • 0) SUMMARY: In December 1992, City Council appointed three members of the Planning and Zoning Commission and three members of the Airport Advisory Board to the Airport Zoning Commission (AZC). In accordance with the Local Government Code (Section 241:016) the Airport Zoning Commission shall make recommendations to the City Council with regard to height control and compatible land use zoning in the vicinity of the Municipal Airport. The Commission held a number of work sessions and reviewed the proposals for extension of the existing runway from 5,000 feet to 7,500 feet and the construction of a new 5,000 feet utility runway located 700 feet west of the existing runway. If demands for a larger air carrier facility are realized as projected after the year 2005 the Denton Municipal Airport should be expanded to accommodate a new 10,000 feet runway to be located 2,300 feet west of the existing runway. The "potential expansion capabilities" are discussed on page 6.5 and the layout for this proposal is shown on map sheet NO.3 of 10 in the summary of the Airport Master Plan. (Attachment #1). It is intended that the 5,000 feet utility runway will ultimately serve as a taxiway after the 10,000 feet runway is constructed. S Ag~ The Airport Zoning Commission held a public hearing on July 15, 003--with tsifs preliminary findings establishing the need for height control and compatible land use zoning in the vicinity of the Municipal Airport based on proposals for runway expansion and potential for future air carrier facility development. The final report regarding height control and compatible land use zoning as recommended by the Commission is included in attachment #2. BA91200- NL*1 Airport Planning Consultants Coffman Associates were commissioned by tho City (Ordinance NO. 92-027 dated February 4, 1992) to review the 1986 Airport Master Plan and make recommendations for airport development to the year 2015. The consultants have presented their recommendations to the Airport Advisory Board and the Airport Zoning Commission and are currently finalizing the Master Plin document. If you have any questions regarding the proposed Airport blaster Plan or rise proposed regulations for height control and compatible land use zoning, please call Joe Thompson (3837702) or Harry Persaud (566-8350) Harry N. Persaud, AICP Senior Planner Attachment #1: Summary of the Draft Airport Master Plan. Attachment #2: Proposed regulations for height control and compatible land use zoning in the vicinity of the Denton Municipal Airport Attachment #3: Minutes of the Airport Zoning Comnssion meeting of July 22, 1993. I I f k' ilp 1 S y r ee , , or t 4R to be Installed o serve lot I R at the me Lot 2R obtains Skip. ermR RIYIsm mar MM Northwest comer 5.00 Acre Tract N 88'23b0' W - 319,84 ~i CG m Ilia n i V ai n. N • FIR. _ ~ - i -PRELIMINAR LOTS it and 2Fl„ 8 ~ s l s~ I . I ° R.E. FORD AD A Rsplat of Part of ~ ARY PLAT~ i A BL.= 3 i ) AMmr.N the 5.00 Acre Tract i the i i d R.E. FORD BUB aN.e. TcWcM su cry of aM zoned SF-7 Denton copy, Gib . G & A ~C o~n~sup HENRY AUSTIN SMITH, Jr. c'w~nI"~vcO°~°'rn+ 1305 LM1CMsy P.o. ee: is 41 • c~.~••w., r [wtQN Yj(, Rev.ll/IS✓93 (814) 49A~Y918 KEN" 3 SnP A-1246 ~ ' (8'/~74470 DRAWN 8Y: 1HAD DATE. 10/01/93 SCALE: j 1 `f fi i/ a tP7i. ti~- k r 1 . f ara\ i ~ i I Frye I I I ~ I 0 ~S 0~ q I -7 Z,CN I NG SF, as I I =End 63.46 / to, BL SF r? ZONING I b I 6' W 6' NIGH, SOL10 WOMEN rENcc ' • s / rOR SGRUN'NG 288.74-' 6' HiGN, SOLID WOODEN FENCE FOR SCHL'CNING t 4-' p4' r► } 7 z K E N T 00 Lr) OpCN SPACE 1 1 EXIST, 15 SAN. SEWER r 00 I~ 64 RESERVED EOS G TREE MASS TO REMWN 00 MD TO K MANTAINED Lo b I~ TJ BLO~j ~l TG arvAmOUS SPEGES - - SNY E ISTNO TAP 3' IMI1 WOODEN WAlI. SMEWNO ALONG PARKM SPACC {tw,) 14 locust \ / 10' Bu!iDING SL'rll+CY, I E PP, Id LOCUST ~d 1N'IMfI000Sr 1 ~0 ~~I I LOcJSr DUST '0 ~131- "Ir t7Z /165,6 NXIII, k kmm ZONING e eL / { 47' PhOPOSfU TP,Ar ORMFF Y AD~JS ( ivrd k Cr NCR ~ ~ 6 ~ r ~ c . 109b~5ti5 O, I 32' R ' I.i~. .1 ~2i E ~ u .uu n.R PROPOSED 24 WIOE rd w SIDEWALX4RAMP5 ..S T_ \ 00 0 W, Topping O.OO By Valve `s... 0097 i 32' PROPOSED it Pu . EXISTING . , .*&*One 000 so on FIRE HYDRANT CONCRETE a' } CONC 4 - M A4dACi#ti i SIDEWW A8U`MNO THE NOW OF WAY ` c~ t f / c i [y i ~ 1 ARY 1 PROPOSED NEW CURB b~ ENCLOSURE AND GVMM I MOPED --[1- 0 'now { 4c e. kink SOM WOODEN WAIL Srft &kd AAouND NVPSTER PAD - 4 a' Off NO tr i Lkw f 45' x 45' NSIDIUIY rRNNGIE ~ e I {rrPMCU.~+ f, S' HIGH MJD WOODEN FENCE df9 U ZONING FOR SCREENING I / is SEWER TAP BY CITY µILLARO 1NORP e t t°~ b ?1101553 RPR S~~7 zONING i OALE scµ iopirt hiC ~ r ~ ~xEC, Boa ~Q4.or~~ ` ~I r I FLOODWAY I I rr~ RECEIVED .w.~w.rr..., NOV 10 1993 I Building Lot Coverage 0,400 /W53,606 ~ 11,939% DETAIL f.A.R, w 12,BOO / 63,606 d 0,2388 ETAIL OF EXISTING ZONING mw El M~ r--~nr~d 1I i V Y Li a i- 4,747 square feet in street yord 1,988 square feet in proposed paving -GEL } 2,759 square feet remaining for landscaping (58.12%) 1 J 'W Uzi' -00 % u Mffi (1) Building Elevation Certificates shall be required when building Permits are requaiRed, (7) MINIMUM PAYEMENT SLOPES SHALL Br AS FOLLOWS: ASP4LT - 6" der 100' --S CONCRETE 04 per 1w (3) Water services >tr,au be a minim n, of lki) f1! 7041 apart, i i y a _i J li a J r i- I i L is P A p1p l l Attachment N2 DRAT" Age~daMa _ Chapter Six AIRPORT PLANS In Chapter Four, an evaluation was made # Approach Zone Plans of future options for airfield and terminal 4 Runway Protection Zones Plans area development, This resulted In the o On-Airport Land Use Plan selection of an alternative for future airport # Off-Airport Land Use Plan improvements that could accommodate # Airport Property Map previously Identified requirements for airport facilities. The purpose of this The' airport layout plan set has been chapter is to describe in narrative and prepared on a computer-aided drafting graphic form, the recommended airport system for future ease of use. The development through the planning period computerized plan set provides detailed and potential expansion capabilities. Information of existing and future facility layout on multiple layers that permit the A set of plans, referred to as Airport layout user to focus In on any section of the Plans, has been prepared to graphically airport at any desirable scale. The p'an can depict the recommendations for alrfleld be used as base information for design, and layouts, disposition of obstructions and can be easily updated In the future to future use of land in the victntty of the reflect new development, and more detail airport, This set includes the following, concerning existing conditions as made available through design surveys. The plan # Airport layout Plan set is also being provided In 24-Inch x 36• 4 Potential Expansion Capability Plan Inch reproducible hard copy In accordance 1 Terminal Area Plans with current FAA standards. 1 F.A.R. Part 77 Airspace Plan 6.1 ~en~aNo ry--- DESIGN STANDARDS anticipated torpperate at,t~e~ r rt would be In Airplane Des~gii d kbG Iq, The design standards applied to the aircraft with wingspans less than 74 feet, development of Denton Municipal Airport resulting in an ARC of D-II. If air carrier are prescribed In FAA Advisory Circular se,*:-e is realized at Denton Municipal 150/5300-13, Airport Design. The design Airport, then future facilities should be standards are based upon several factors developed utilizing ADG-IV standards, which includes the approach speed, Therefore, these standards were used In operating weights and the wingspan of the determining separations to prevent the aircraft. possibility of conflicts ()r future expansion. Based on forecasts of general aviation The design load bearing strength of the demands, Denton Municipal Airport wojld runways, taxiways and taxiianes should be be expected to serve aircraft In Approach designed to support aircraft with weights of Category D (approach speeds between 141 100,000 pounds dual wheel loading and 166 nautical miles per hour). In (OW . The a ald de asir gn fs acd standards are listed In addition, a number of the aircraft pl Table t 6A 6.2 ) A40 J No s- TABLE 6A Y Airport Design Standards a~ Denton Municipal Airport }y~ y Descriptor ! $ LRHmabe 54 i Runway Length (ft) 1T ~ a3 R 1fR~3S Runway Width (h} 5,000 7,500 5000 ISO 150 75 Runway Strength (thousand Ibs) 70 SWIL 100 OWL JO SWIL 100 OWL Runway Safety Area Length (W 00 Runway Safety Area Width (W 1,000 300 500 500 Runway RPI 150 PN Parallel Taxiway Width (N 50 s 5o 0 P V5 35 Parallel Taxiway Strength (lbs) 70 SWL X 100 DIAL 305W1 100 OWL Parallel Taxiway (ft) V 4 ' 400/ 400 240 Aircraft Parking (ft) Soo 8uilding Restriction Line (fd' S50 250 r Gi>Ze~ttiletn'°R,~'" a"` ~ 0 300 750 300 Parallel Taxilane 00 NIA Fixed or Movable Ob ect (ftl 152 105 Tasdtp~te . NA 93 65,5 Car,+Eertlrle 0o y , ~ w,, ~ .r?; ` r ' ~ , 3.~ r t Parallel Taxilane (fd WA ' 140 97 7. Fixed or Movable Object (w N/A 61 1 51r S NOTES: RPI • Runway Protection Zone, SWL • Single Wheel Loading OWL • Dual Wheel Loading, V • Visual, NP • Nonpreclslon, P • Precision, WA • Not Applicable ' - The 8ullding Restriction Line (BRL) will vary depending on runway and terrain elevation. This table assumes the runway and terrain elevations are the same, This distance will provide adequate imaginary surface clearance for a 33 foot building. The BRL may be adjusted for buildinoVobjects of lesser height in relationship to the runway elevation at that location, SOURCE: FAAAC I W5300-13, Airport Design AIRPORT LAYOUT PLAN Airport Data Sheet (Sheet No. 1) and the ALP (Sh No. 2) to dect The Airport Layout Plan (ALP) graphically de elopmeennt p anning recom endationts.e presents the existing and planned airport layout and depicts the recommended The A!P Is an overview of the proposed Improvements needed to meet forecast development of the airport through the year aviation demand. Detailed airport and 2015, Although it does not deplct tie runway data are provided on both the various stages of development leading to 6.3 r ~o ~g 1Rl'p the completion of the 20-year plan, PROPERTY ACQUISIT16 TF` additional exhibli s and plans in this report .`74 3 show the development stages in detail. The The ALP also depicts property acquisition improvements in the terminal area are proposed adjacent to the existing airport. illustrated in more detail and in a larger This includes approximately 140 acres scale on the Terminal Area Plan drawing primarily to the north and east of the and is discussed later in this chapter. The existing property. The acquisition of this following discusses the airfield related land would be necessary to accommodate recommendations. the ultimate parallel runway and safety areas. ULTIMATE RUNWAY 17L-35R AIRFIELD DEVELOPMENT STAGING Runway 17L-35R is planned as the primary general aviation runway. Two runway The 20-year planning period has been extensions are planned for this runway, a divided into three stages: Stage 1, Stage II, 1,000 foot extension to the south, and a and Stage III. Each stage and airside 1,500 foot extension to the north. These development item is described in the extensions will provide adequate runway following paragraphs. length for business jet activity. Taxiway Alpha has been extended to comp!t'e a Stage I, the first rive year period of the parallel taxiway between the two runway development program, has been subdivided ends. The construction of the runway and Into Individual fiscal years, FY 1994 through taxiway will Include medium intensity FY 1998. Stage 1, Includes the following lighting systems. In addition, Precision major alrslde development items; Approach Path Indicators (PAPI's) will be construction of the Runway 17L-35R installed on each runway end. The exisd'ng extensions, the installation of MIRL, MITI, glide slope antenna and MALSAR's will be PAPI's and the relocation of the existing ILS relocated to correspond to the new runway equipment. end location. Projects Identified in the Stage II development program encompass the five ULTIMATE RUNWAY 179.35L year period from FY 1999 through FY 2003. The major airside projects associated with Runway 17R-35L Is planned to be Stage II development Include the constructed as a parallel runway. This construction of Runway 17R-35L and runway is expected to primarily serve as a associated taxiways, and the installation of general aviadontraining runway (i.e.,touch. MiRL. and-go activity), The runway is planned to be constructed at a 5,000 foot length and Stage Ill contains projects for the longer a 75 foot width. Taxiway connectors range needs of the airport that will be between this new runway and the existing accomplished during the period FY 2003 to runway will be added for traffic circulation FY 2015. The project Included during this between the runway and the terminal area. stage is a pavement preservation. This runway Is planned for MIRL during its construction. b•4 ~9~Cr3Hb r, -„ter A~cndallzm_ a% ~ [1r,te ^ L.~ - ys ti ~ir ~j '7a 2' ll~ POTENTIAL EXPANSION Control Tower facility, Aircraft Rescue and CAPABILITIES Firefighting facility, T•hangars, tiedowns, fuel storage facility, and access roads. The Potential Expansion Capability Plan, The Stage III terminal area development Sheet No. 3, represents Denton Municipal will include the construction/expansion of Airport with the development associated with commerciaiservlceterminalfacilities,access commercial service activities. This roads, general aviation apron, T~hangars, plan identifies the construction of a 10,000 tiedowns, and auto parking. foot parallel air carrier runway and the conversion of the parallel general aviation runway to a parallel taxiway. This PART 77 AIRSPACE PLAN development would also Include the acquisition of an additional 815 acres. The Part 77 Airspace Plan for Denton Stage I development under this plan is Municipal Airport, Sheet No. S, is based on Identical to that Identified for the ALP, Federal Aviation Regulation (F.A.R.) Part 77, Stage 11 and stage III, however, would need objects Affecting Navigable Airspace. The to Include additional development items to intent of these regulations is to protect the support commercial service activity. These airspace and approaches to each runway items have been Identified in Table C-1 from hazards that could affect the safe and within Appendix C. efficient operation of the airport. The remaining plans will illustrate the The Part 77 Airspace Plan is a graphic associated information taking Into depiction of the imaginary surfaces consideration the Potential Expansion described for various airport geometric Capability Plan. planes, such as the runway (primary and transition surfaces), approach (approach surface), and the airport (horizontal and TERMINAL AREA PLAN conical surfaces), Design criteria for surface heights, angles and radii on this plan are ` The Terminal Area Plan, Sheet No. 4, determined by airport category and runway represents a refinement of the selected approach instrumentation. Ti a Airspace development configuration and provides a Plan for Denton Municipal Airport Is based detailed staging plan for construction of the on large airplane (over 12,500 pounds) aviation facilities on the east side of the precision approaches to all runways, These runway system. The following Is the drawings will permit the City of Denton to suggested staging. readily determine if construction of a proposed structure in the vicinity of the Stage I consists of expansion of the general airport would penetrate any of the aviation apron area, the construction of a protected airspace surfaces. general aviation terminal building, The FAA Part 77 obstructions recorded at additional auto parking, T-hangars, Denton Municipal Airport are Indicated on tiedowns and access road construction. Sheet No. S, Those obstructions that Stage It construction will Include security pertaln to the runway protection zones and fencing, Interim commuter apron, Air Traffic approach zones are explained in greater 6.5 Lr/S s6 - detail on the appropriate drawings that CONICAL S~1RFAt"h'(1B3FRUCONS_ ® follow. Obstructions to the other airspace -444 L surfaces are described briefly below. The conical surface for Denton Municipal Airport Is 4,000 feet in length and slopes away from the horizontal surface at a 20 to PRIMARY SURFACE OBSTRUCTIONS 1 slope to a height of 350 feet above the established airport elevation. The primary surfaces for Runway 17L-35R and the ultimate Runway 17R-35L at Based on the ultimate runway design, the Denton Municipal Airport are 1,000 feet in obstruction to the conical surface is width, extends 200 feet beyond each associated with a lighted antenna which runway end and are centered on the penetrated the surface by 18 feet. This runways. The primary surface for the obstruction is not Identified on the existing Interim Runway 17R-351 is 500 feet In Obstruction Chart and it is recommended width, extends 200 feet beyond each that an FAA Aeronautical Study be runway end and is centered on the runway. preformed to determine if there are any There are no obstructions to the Interim or hazards to navigable airspace based on the ultimate primary surfaces at Denton ultimate runway system. Municipal Airport. APPROACH ZONES PLAN TRANSITION SURFACE OBSTRUCTIONS The Approach Zone Plan, Sheet No. 6, Is a The transition Imaginary surface Is an profile representation of the approach Imaginary surface used to join two surfaces surfaces off each end of the runway. The together, The transition surface has a slope plan depicts the physical features near each of 7 to 1 and joins the primary surface to runway's extended centerline, includinli tiie approach or horizontal Imaginary significant topographic changes, roadways, surfaces. There are no obstructions to the levees and railroads. The dimensions and transition surfaces. angles , of the approach surfaces are prescribed in Part 77 and depend upon the runway instrumentation and the type of HORIZONTAL SURFACE OBSTRUCTIONS aircraft served. The horizontal surface is established at 150 The approach slopes for the ultimate feet above the highest airport elevation. precision approaches to all runway ends are The horizontal surface has a radius of so to 1. There was one obstruction 10,000 feet from the ends of each runway. Identified for the approach surfaces to A tangent line connects the arcs, ultimately Runway 171. This obstruction consists of dcscribing the surface exhibited in Sheet an antenna penetrating the surface by No. S. approximately 12 feet. This obstruction is Identified on the existing Obstruction Chart, Based on the ultimate runway design, no however, it Is recommended that an FAA obstructions to the horizontal surface were identified, 6-6 S- /3 `f 7,t f~ Aeronautical Stud be performed determine if there are anhazards to to o der" develop ent an Ie iaen W We of navigable airspace based on the ultimate available space. On-airport land use runway system. planning is also necessary to minimize the potential for future incompatible land uses. RUNWAY PROTECTION The on-airport land uses depicted on the ZONES PLAN On-Airport Land Use Plan Identifies rive major categories: Airfield, Aviation Related, The Runway Protection Zones Plan, Sheets Commercial/lndustrial,Commercial Service/ No. 7 and 8, consists of a large scale plan Air Cargo, and General Aviation. Each of and profile view of the Inner portions of the the major categories are briefly described in approach surfaces. This plan Is designed to the following paragraph. facilitate identification of roadways, levees, utility lines, structures and other possible obstructions that may lie within the AIRFIELD confined of these safety areas at the ends of each runway. This area represents aviation use facilities which are central to the operation of the The Runway Protection Zone (RPZ) alrport, Including runways, taxlways, dimensions are a function of the size of the terminal circulation areas, safety areas, aircraft and the runway instrumentation, object free areas, and runway protection The RPZ's for the ultimate runway systems zones. are sized for large aircraft (12,500 pounds or more) providing precision Instrument approach capabilities. There are no AVIATION RELATED o structlons to the ultimate RPZ1 for any of the runway ends at Denton Municipal This area is reserved for those business that Airport, would require access to the airfield area, Including maintenance hangars and aircraft ON-AIRPORT LAND USE PLAN storage: The objective of the on-Airport Land Use COMMERCIAtANDUSTRIAL Plan, Sheet No. 9, is to organize land uses within the airport property, to that land This area includes all types of commercial/ uses are compatible and able to function industrial development which would not without major constraints or annoyance, require access to the airfield area. The On-Airport Land Use Plan depicts the ultimate airport property fine. COMMERCIAL SERVICE/MIR CARGO The purpose of the On•Alrport Land Use Plan is to establish uses of the airport This area is reserved for facilities associated property In a way consistent with the with commercial service and air cargo distinct operations of the airport facility, activity. 6.7 i I5 1 ~ t89a2aNo ~r 3 -o GENERAL AVIATION order to cons£rA "-Der►~l Airport, along with the proposed/potential This area includes both existing and future land acquisition during the planning period. areas associated with general aviation The documents recording the land activities. acquisitions are described as well as the associated Federal grant number used to acquire the property. OFF-AIRPORT LAND USEINOISE PLAN SUMMARY Off airport land use planning Is also The Airport Plans Set is designed to provide necessary to minimize the potential for lu ance for the City of Denton In Vure incompatible land uses surrounding basic guidance decisions relative to future the airport, The Off Airport Land Use/Noise making makin at Denton Municipal al Airport. re Plan, Sheet No. 9, illustrates the 'Draft' development P Airport Development Zone proposed for The plan set provides for development to Denton Municipal Airport. The Airport satisfy both the short term and long range Development Zone consists of two separate needs. Flexibility will be a key to future zones. The approved land uses within development as demands are not likely to each of these zones are outlined in the City occur exactly as forecast. Ordinance and on the Denton Municipal it will be prudent for the City of Denton to Airport Zoning Map (Appendix D), ensure thse plans remain current and the appropriate authorities are advised AIRPORT PROPERTY MAP whenever significant changes In airport development occur that could affect ttie The Airport Property Map, Sheet No. 10, area land use planning. depicts the property that was acquired In 6.8 i WWI a DENTON MUNICIPAL AIRPORT Denton, Texas AIRPORT LAYOUT PLANS Index of Drawings Sheet 1. Data Sheet Sheet 2. Airport Layout Plan Sheet 3. Terminal Area Plan Sheet 4. Potential Expansion Capability Plan Sheet 5. PART 77 Airspace Plan Sheet 6. Approach Zones Profiles Sheet 7. Runway Protection Zones v, Plans and Profiles S11001 8. On-Airport Land Use Plan ' Shout J. 011-Airport Land Use/Noise Plan lEQda~A Sheet 10. 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I I I I I I I I I f l l l l l l l l l l 1 1 r l l l l l l l l l 1 1 1 1 1 1 1 J 1 1 1 1 I~ J,I `I I,.f I I I I I I I 1 1 1 1 1 I I I 1 1 1 1 1 1 1!! I I I I I I I I G1. Z t`S ( P en..,. ~.n I I'. `r u...i. ♦ .Lau .u[LL u..r 0 ~...1 SRI; AWPOR7 PROPERTY N &P 1, e r `I, g P i Pr a~ ~ 73 .0v ~_Ir ~1a11om~~ Chapter Seven FINANCIAL MANAGEMENT AND DEVELOPMENT PROGRAM The analysis conducted in previous chapters The plan is not dependent exclusively upon has evaluated airport development needs the City of Denton for funding new based upon forecast activity changes, facilities. In fact, with proper and timely environmental factors, and operational decision-making on the part of city officials, efficiency. one of the most important it is quite possible for the City of Denton to elements of the master planning process, acquire nearly $40.2 millon in however, is the application of basic improvements over the next twenty years economic, financial, and management for neatly 16 cents on the dollar. rational so that the feasibility of implementation can be assured. This chapter will concentrate on those factors AIRPORT MANAGEMENT that will help make the plan successful. A STRUCTURE logical development schedule would help maintain a realistic and cost effective Denton Municipal Airport is managed program that provides maximum benefit to under the Airport Division, a division the community. In addition, Appendix C established within the City of Denton's has been prepared to identify the financial organizational system. The day-to-day aspects associated with potential air carrier operation of the airport is overseen by the service at Denton Municipal Airport. This Airport Manager and one administrative chapter, however, will only include the person. In comparison with other general development necessary to support general aviation airports, the number of personnel aviation activities. at Denton Municipal Airport appears to be adequate at the present time, however, 7.1 6 27 t v.5 additional w staffing can be expelled as the AIRPORT DENECOA-MiN SChfEpy{~._____ airport operational level increases. In order to assess the effect of the airport Acting in an advisory capacity, an Airport development costs on the overall financial Board consisting of seven members system, the timing or schedule of each provides general guidance in the operation development item should be estimated, of the airport. Initially, the development needs are divided into three stages covering the first five, the second five, and the remaining years, CAPITAL IMPROVEMENTS respectively. The first stage includes those PROGRAM items of highest priority to meet safety and short-term activity needs. The second five. Once the specific needs of the airport have year stage includes those items necessary to been established, the next step is to tie together related development items and estimate realistic costs for each maintain or improve the capacity of the development item, as well as establishing a facility. The third long-term phase, development schedule. Projected operating covering the remaining years of the revenue and expenses are then developed planning period, includes those additional and compared to the potential funds items necessary to improve efficiency and available. overall operational effectiveness of the airport. In addition, each phase should This section examines the estimated cost of include basic maintenance and revenue each development project and its projected generating components, timing, while the following section examines the revenue sources and expenses of the As Table 7A indicates, the total cost for the airport operation. From this evaluation, any planned development through the year shortcomings can be determined and 2015 at Denton Municipal Airport was adjustments made to establish a financial estimated at approximately $40.2 million. program for the airport- Thisairport development program is based on a fiscal year development to coincide with the FM's financial period. TABLE 7A Summary of Total Costs Denton Municipal Airport Stage I (FY1994-FY1998) $12,744,000 Stage 11 (FY1999•FY2003) $16,626,500 Stage Ill (FY2004•FY2015) $11,146,000 TOTAL DEVELOPMENT COST $40,191,500 7.2 e t Ag:,allam Prior to presenting the staged capital costs it is important to note projects associated with stage development the staging of development include the construction of a projected airfiprof is levels. based upon parallel runway and actual activity levels are likely to vac from construction taxiway system, a general aviation terminal these projections, Implementation of capital facility, installation of an Air Traffic Control improvement projects should occur only Tower (ATCT), expansion of general after the need or demand for that aviation apron, construction of a new fuel Improvement has materialized, storage facility, and installation of tiedowns and T•hangars. The total cost associated Stage I covers the first five year period of with Stage II development was estimated at the development program (FY199q. approximately $16.6 million. FY1998), and has been subdivided b individual year. Stage I includes the Stage III contains projects for the longer following major development items; 1,000 range needs of the airport, FY2004 to foot and 1500 foot extensions to Runway F12015. The major projects programmed 17-35, 140 acre land ac ulsition enwa for Stage III Include the construction of aviation apron construction, tiedowg and additional hangars and general aviation T•hangari installation, and airport access Stage apron. Ill The was total estimat ted at appevelat apps cost for road upgrade: and relocations. The total roximately development cost for Stage I was estimated $11'1 million, at approximately $12.7 million. The listing Projects 78 raThessee prof cts The Stage II development program represent the basic needs or encompass the fve•year period from demands, and development assignments for the airport FY1999 through FY1003. The major through the planning period. -~4 7.3 I II, s" C.t ,r ZY s~. TABLE 76 Capital Improvements Program FY1994-FY2015 Denton Municipal Airport ~ FUN ~ a DING gREAiCDOWIl,~ , . PRIVATE W [)ENELOi'ME7 T`ITEM ` ,7Ct7~1 FM !ClG11 /bTHER FY1994-FY1995 1. Construct 1,000' $1,382,000 $1,243,800 Runway 35 Extension, $138,200 f0 17,000 SY 2. Construct 1,000' 667,000 600,300 Taxiway Extension, 8,200 66'700 0 SY 3. Extend MIRL, 2,000 LF 87,500 78,750 4. Extend MITI., 3,000 LF 132000 8,750 0 11... ,800 13,200 0 Subtotal 1-Y1994-FY1995 $2,268,500 52,041,650 $226,850 $0 FY1995-FY1996 5. Construct CA Apron, $1,122,000 $1,009, 800 35,900 SY fi12,200 S0 6. Install 100 Tiedowns 35,000 31,500 Subtotal FY1995-FY1996 3,500 0 $1,157,000 51,041,300 $115,700 SO FY1996-FY1997 7. Land Acquisition, $1,120,000 $1,008,000 $112,000 ±140 acres $O 8. Construct T-hangar 950,000 855,000 95,000 Taxilanes, 30,400 SY 0 9. Install 80 T-hangars 1,600 000 0 Subtotal FY1996-FY1997 0 1,600,000 S3,670,000 51,863,000 5207,000 (1,600,000 FY1997-FY1998 10. Install Security $360,000 $324,000 $36,000 $O Fencing, 24,000 LF 11. Relocate/Upgrade 1,937,500 1,743,750 193,750 Masch Branch Road, 0 62,000 5Y Subtotal FY1997-FY1998 $2,297,500 $2,0670750 $2290750 $0 7.4 e f Agerdltoo._ r 3 A~trtl~lis~n w ti~ TABLE 78 (Continued) Capital Improvements Program FY1994-FY2015 Denton Municipal Airport ~y~ {y {~j[y}{♦,~~/POyy~¢ry~ xv k Y 'BBa b^~tv +.a B'~ VCriir~ MCi'1 s. YrryM~i j. BB"' wVY <7 k'i;~Jc 'L" ~ •a ` exl'RIY~ YC. FY1998-FY19" 12. Construct 1,500 $2,032,000 $1,828,800 $203,200 $O Runway 17 Extension, 25,000 SY 13. Construct 1,500' 796,500 716,850 79,650 0 Taxiway Extension, 9,800 SY 14. Extend MIRL, 3,000 132,000 118,800 13,200 0 LF 15. Extend MITL, 4,000 175,000 157,500 17,500 0 LF 16. Install PAPI's Runway 60,000 54,000 6,000 0 17L-35R 17. Relocate Runway 17 125,000 125,000 0 0 ILS Equipment 18. Pavement Markings 30,500 27,450 3,050 p Subtotal FY1998 FY1999 $31351,000 =3,028,400 $322,600 f0 Subtotal' Stage I $12,744,000 $1000420100 $1,101,900 $1,600,000 Development $t2~,Q!~II~ DEiie~OprrILf11; ~°i~13 ~w s, ~j ~y , zra~yw qx~ ,.a Y ro. M e xn ~'w6~~ 3~~Ye,~~Kw~2%K%a~:.9;f~~tf.~~~,3r 1. Construct CA Terminal $1,075,000 $362,813 $712,187 $0 Building, 8,600 SF 2. Construct CA 160,000 144,000 16,000 0 Automobile Parking, 5,100 SY 3. Construct Underwood 1,750,000 1,575,000 175,000 0 Road Extension, 56,000 SY 4. Construct Runway 3,412,S00 3,071,250 341,250 0 17R•35L, 42,000 SY 7•c f ACC , :;ltrrs r1 TABLE 78 (Continued) Capital improvements Program FY1994-FY2015 Denton Municipal Airport ti i p X pa^ W NDINGA W4 t' v~T CLC~. v,~t> ~r ' +°`~ii• , 'Rr .eh;'s xewE. 'K t~k;j ray 5. Construct Taxiway $3,250,000 $2,925,000 5315,000 Connectors, 40,000 SY $0 6. Pavement Markings 10,000 9,000 7. Install MIRL, 5,000 LF 219,000 1'~ 0 1970100 21,900 0 8. Install Security 487,500 438,750 48,750 Fencing, 32,500 LF 0 9. Construct Air Traffic 3,000,000 3,000,000 p Control Tower (ATCT) 0 10. Construct CA Apron, 629,000 566,100 62,900 10,100 SY 0 11. Install 60 Tiedowns 11,000 18,900 1, 0 12. Install 40 T-hangars 800,000 0 0 13. Construct Fuel 0 800'000 487,500 0 487,500 0 Storage Facility, 65,000 gallons 14. Pavement 1,000,000 0 Preservation, 4000000 SY 1,000,000 0 Subtotal Stage II $16,626,500 $12,307,913 $30193,587 58001000 Develo "'rit C g ^~~r'• yr+1.~4n kSF"NS, s. Te 'Y~jj 3 1. Install 601'ledowns $21,000 $18,900 $20100 2. Construct T-hangar ar 50 Taxilanes, 30,000 SY 937'500 843,750 83,750 0 3. Install 70 T-hangars 1,400,000 0 0 1,400 000 4. Construct CA Auto 1120500 1010250 11,250 Parking, 3,600 SY 0 5. Construct CA Apron, 675,000 607,S00 67,500 21,600 SY 0 7.6 Att~.',aler,~ 14 TABLE 7B (Continued) ' . = - =7 Capital Improvements Program FY1994-FY2015 3JE 06 7 3 fp Denton Municipal Airport xkm; j a I,, Ft1 1DiNG g N ~r4 = 6. Construct $6,000,000 $0 $0 $6,000,000 Conventional Hangars, 80,000 SF 7. Pavement 2,000,000 0 2,000,000 0 Preservation, 800,000 SY Subtotal Stage III $11,146,000 $1,571,400 $20174,600 $7,400,000 Development TOTAL FY1994-FY2015 $40,191,500 $2309210413 $6,470,087 $9,800,000 DEVELOPMENT AIRPORT DEVELOPMENT COST SUMMARY Y -Z (Chang* Ratio) Cost estimates were developed from Information provided by construction X = USCPI in any given year industry sources as well as a review of Y = USCPI in 1991 actual costs on similar airport projects. Th;s Z = Change Ratio information was applied to pavement, earthwork, and building volume Multiplying the change ratio (2) by any requirements for Denton Municipal Airport 1993-based cost estimate presented in this to determine estimated construction costs. study will yield the adjusted dollar amounts A 25 percent contingency for engineering, appropriate in any future year. The local or legal fees, and unforseen costs was state CPI may be used since the national included in each cost item. Private funding CFI may not be representative of this Is Indicated for projects such as FBO community. CPI Information is available facilities and hangars. FAA facilities and from the economic research department of equipment (funded entirely by the federal most banks. agency) are listed and Included in the total funding for each Stage. AIRPORT FUNDING AND in future years, the cost shown in Table 7A REVENUE SOURCES and Table 76, will need to be adjusted for Inflation. This maybe accomplished by As previously mentioned, financing the converting the interim change In the United development and operation of an airport States Consumer Price Index (USCP0 into a does not come completely from one multiplier ratio through the following source. For Denton Municipal Airport formula: federal, local, and private funding will be 7.7 4 23 f.). ia'I.1fi 1y3' necessary during the planning period. The for the sponsor to act expeditiously in following sections discuss these funding securing the federal share of these grants. sources and how they can contribute to the successful Implementation of this Master Plan. FAA Facilities and Equipment Program When activity levels warrant, airports are FEDERAL AID TO AIRPORTS often considered for various FAA installed navigational aids and air traffic control Airport development and funding in Texas facilities. Funding for these facilities Is is accomplished through a cooperative normally obtained from the Facilities and effort involving two levels of government: Equipment (F&E) section of the FAA. The local and federal. The paragraphs that capital improvements program developed follow provide a brief description of the as a part of the Master Plan Id::ndfied the federal funding sources, need for the installation of an Air Traffic Control Tower (ATCT) at Denton Municipal Airport. The ATCT could be eligible for Airport Improvement Program funding under the F&E Program, if the airport's operational levels are realized and A major funding mechanism expected to be a cost-benefit analysis meets FAA criteria, zvailabie throughout the 20-year program, is the Federal Airport Improvement Program WP). This program, funded by airport AIRPORT REVENUE AND EXPENSES users through user taxes and fees, is authorized to provide $1.8 billion per year The ability of the airport sponsor to provide to airports through FY1993, at which time the local matching share on Improvement the bill will expire. Congress is currently projects weighs heavily In the priority of AIP formulating a new program for funding funding. In essence, the local share acts as airport improvements. For this Master Plan, a measure of the community's sense of it was assumed that a similar federal value for or commitment to the airport. program will continue throughout the The following sections examine the planning period, potential sources for local funding beginning with an examination of the AIP monies are distributed to airports in the airport's revenue potential and expense form of entitlements (based on levels of projections, passenger enplanements) and discretionary grants. During the three development Revenue and expense projections were stages, the City of Denton will be eligible based on a study of the historical rates and only for discretionary grants. Airport fees at Denton Municipal Airport and a projects in Texas that meet eligibility comparison of rates and fees at other area requirements established by the FAA, can airports. In examining the revenue/expense receive 90 percent of the funds from the potential, it was necessary to determine the AIP Program. Crafts obtained by the role of the airport throughout the planning airport from the FAA would be matched by period and then examine the revenue/ local (airportsponsor) funds. It k Important expense characteristics of airports with similar roles. 7.8 AggrdaNo.-- 9J- ' - AC, rj2!ten)_r, The sources for the data used In the study Historical Revenue and ens Viz{ of rates and fees were the American p3 ,I Association of Airport Executives (AAAE), Historical revenue and expenses of Denton 1991-1992 Survey of Airport Rates and Municipal Airport are illustrated in Table Charges, as well as data from general 7C. The City's fiscal year encompasses the aviation airports in Texas, period between October 1 and September 30. TABLE 7C Historical Revenues and Expenses - FY1988-FY1991 Denton Municipal Airport LL N zvFiSCaI.Yti!'f~, DE5CRIPION~„v„t$f9 F; s"89.490. i X9(1-91''„'u- ; 01 RL•YLf~UW 4.r`'"`*!t txM~`x d.•byeaSyn~ yY}'8< v" re $ 1 i kh 1/;<C ~ ra✓ i , a fit . M,la a la' ~"i' k9a wa , . Kf . a ; r , a •,.N d. Leases, etc. $54,174 $42,645 $52,262 $57,924 TOTAL REVENUES $54,174 $4206145 $520262 $570924 TI:1,r~JWM~'✓C ',T, `e Lr +4 A oaf a';2 f A `t e~N r ra d Kl~ k c` roEK Personal Services $70,878 $68,904 $62,869 $650505 Contract Services' $11,090 $70797 $9,300 $12,829 Airport Maintenance $90198 $4,312 $3,785 $3,361 Supplies $3,700 $50168 $40403 $2,925 Miscellaneous $534 $594 $510 $20151 TOTAL EXPENSES $95,400 $86,775 $80,867 $86,777 n NOTES:' Contract Services category also Includes utility costs Projected Airport Operating Revenue as: Aircraft Tiedowns, General Aviation Terminal, Fuel Flowage and FBO leases. Airport revenues are derived from fees and lease agreements with users of the airport The following discussion outlines the types or the airport property. Several methods of revenue potential for Denton Municipal are available for an airport to generate Airport, with the assumption that the airport Income from its use. During the planning development program will be completed as period, Denton Municipal Airport should scheduled. For the purpose of this analysis, obtain revenue from the following sources: it was assumed that reevaluation of rates General Aviation, Land Leases, and and fees would be completed on an annual miscellaneous income sources. Denton basis, and that all lease agreements would Municipal Airport will obtain its income contain periodic adjustments of rate.. and from general aviation revenue sources such fees, All revenue rates are based on 1993 dol la rs, 7.9 I id S~7 AperdaNo ~ ~ - ° WS General Aviation Revenue Source establish Mull not discourao`girport 4*1 refueling T-hangar Rentals - T-hangar rental income at the airport. It is anticipated that the FBO was estimated based on the forecast will continue to sell fuel at the airport and number of facilities and a projected the airport will be responsible for monthly rent of $130 per T-hangar. Rental constructing new fuel facilities. A fuel fees for the existing T-hangars are collected flowage fee of three percent,, of the by the FBO, of which the City receives 10 wholesale price per gallon ($1.15) was used percent of the gross. to project ttie income from this source during the planning period. Utilizing the Projected revenue from this category Is forecast of fuel sales at the airport during anticipated to account for approximately the planning period (Exhibit 7N, the fuel nine percent of the total airport revenue flowage fee revenue was projected for the during the planning period. airport. it is expected that the fuel flowage revenue will account for approximately nine Tiedown Fees and Rents - Local aircraft percent of total airport revenue by the end tiedown revenue was calculated using an of the planning period, average of $45 dollars per month. As with the T•hangar rentals, the FBO collects the FBO Land Cease - The FBO land lease revenue, of which 10 percent is paid to the income is based on the existing leases city. between the City and the FBO's on the airport. Rate increases have been income from Transient tiedown fees has incorporated according to the existing lease been calculated at approxirnatcly $6.50 per clauses. These increases have been day per tiedown. The projection of projected throughout the planning period, revenue from local and transient tiedowns FBO land leases would be expected to Is expected to account for less than one contribute approximately 15 percent to the percent of the airport's revenue by the end total airport revenue by the end of the of the planning period. planning period. G,A. Terminal Ceases - Projection of revenue Aviation Related Lanr4 Leasm - This category from leased space in the General Aviation includes those la,,d leases on the airport terminal was based on a lease rate of that are used 'lor conventional hangars, $10.00 per square foot and the assumption portable hangers, and other aviation uses. that 50 percent of the terminal area is It is anticipated that all available parcels j leasable. All the leasable terminal space is will be leas,,d by the end of the planning forecast to be leased by the end of the period. This category is anticipated to planning period. This Income source is contribute approximately 47 percent to the expected to contribute approximately 16 total airport revenue. percent of the total operating revenue. Non-aviation Land Ceases - This category Fuel Flowage Fees - Fuel flowage fees are includes those agricultural leases associated one of the most common revenue sources with the airport. It is anticipated that this for public airports. The fee is usually revenue source will terminate upon established on a per-gallon basis and is construction of the parallel general aviation collected from the fuel concessionaires on runway. the airport. Care must be taken in 7.10 t, Z -o 55 This category is expected to contribute less Contract Services` c I; ~.5'## K-- than one percent to the total airport o _V -7. 9~ revenue. Contract Services expenses incidiie'thrtost of janitorial and professional services that are not available within the airport's Miscellaneous Revenue resources. Contract services are estimated to be approximately four percent of total This income source Includes miscellaneous operating costs. revenue from ancillary operations of the airport such as slgnage, gate access, security badges, etc. It would be expected to Administration represent less than one percent of total airport revenue. Income from this revenue Administrative costs include the costs of source is expected to gradually Increase telephone, postage, travel expenses, during the planning period but it will still subscriptions, memberships and other represent a two percent contribution to miscellaneous administrative costs. airport revenue. Administrative costs have been projected to average approximately four percent of total airport operating expense. Projected Airport Operating Expenses Operating expenses for Denton Municipal Maintenance Airport were projected after reviewing the Airport's historical records and those of Expenses in this category include the airports with similar operations and income expenses of maintaining the airfield, sources. The airport's expenses Include buildings and terminal facilities. These Personnel costs, Contract Services, expenses are anticipated to represent about Administrative costs, Maintenance, Supply, three percent of total operating expenses by Utility, and Miscellaneous costs. These the end of the planning period. categories are expanded from the existing categories, to provide a method of Identifying specific airport costs. S;p~lies The supply expense, including the cost of Personnel Costs maintenance, vehicles, administration and terminal supplies are expected to average Personnel costs include the labor costs of approximately three percent of total airport airport management personnel and the operating expense. costs of personnel assigned to maintenance, operations, security, ARff, and the terminal. These costs were calculated i' i based on other airports with similar activities. Utility costs include power, water, and sewage charges paid by the airport. This Personnel costs are projected to represent includes the utilities used by occupants of approximately 69 percent of total operating the terminal building as well as lighting of costs. the parking lot, security, and airfield. With 7.11 .94 W the exception of tenants in the commercial term bQ'"~~ til4' r,: S air service terminal, tenants leasing areas on l~tt,,, ilt(,'}~( ing m sses and he airport are responsible for their own aircraft'N~r!`e-airport utilities. Utility costs were calculated based and/orIf}ing{~ stablished on the costs characteristic of those airports businesses and based aircraft. in Texas with similar operating roles. Utility Long term leases for tenants should contain costs are expected to average automatic escalation clauses. Lease approximately 16 percent of the total contracts should contain provisions which airport operating expense, the second state that any privately constructed largest expense item at the airport. Utility buildings or hangars will become city costs will Increase with the additional property alann lighting programmed during the after g a reasonable length of time. planni n period, Lease agreements should also allow sufficient time for the private investor to amortize the debt and Include Incentives mkgkamu for complying with airport rules and procedures. Miscellaneous expenses include sundries and other miscellaneous items. This FINANCING THE LOCAL SHARE OF category is anticipated to represent less AIRPORT CAPITAL IMPROVEMENTS than one percent of the total airport operating expenses. The City of Denton will need to consider other sources of funding for obtaining the CASH FLOW ANALYSIS local share of its capital improvement projects. In addition to the revenues Table 7D illustrates the revenue/expense derived from methods aape ati for the fCity inancing has projections throughout thepfnyg;se601 e the local share of airport development The ideal and ultimate goal of any airport is costs. The most common methods involve to support its own operation through self- debt a g whh amortize the generated user fees, Reasonablfees over he useful life of he project or at should be established at the outset in order specified period. Methods financing to keep the airport competitive with airports of in the surrounding communities available to the City are discussed below. . revenue stream i The s not expected to exceed expenses during the planning period, it is Ceneml Obligation Bonds expected that the airport would require some form of subsidy from the City's Genera! Fund, Ceneral Obligation (CO) bonds are a common form of municipal bonds "hose There is a general tendency to raise rates payment is secured by the full faith, credit, and fees when Income cannot meet the and taxing authority m the issuing agency, expenses of operation. Caution should be because f m CO Fonds are Instruments ty credit and, the used when considering a rate or fee that is reduce the available debt t le el aofn the higher than the market condition. Higher sponsoring community. This type of bond fees may result in a short-term revenue uses tax revenues to retire debt and the hey increase but can be detrimental in the long element becomes the approval of the 7-12 v i TABLE 7D Cash Flow Analysis • Stage I and Stage II Denton Municipal Airport 1991 1995 1996 1997 1746 1971 1000 1001 2001 2003 OMRAIINC KMN113 Cenelaf Avialbn •CA Te1m)nal 10 $0 50 $0 30 $32,150 335,175 $38,700 $41,925 $45,150 •Fuel F6%ap 56,942 512,917 313,505 114,09) S14,680 315,166 113,656 $16,610 $17,163 116,517 •r 6O Ltues $17,260 S19,10N 531,308 $21,122 1251))6 117,150 $19,364 1)1,)76 153,191 375,106 •f so Tlej w 51,111 11,661 $1,731 31,600 31,870 $1,940 57,010 12,116 41,272 57,326 •1801tamp" $7,116 $14,352 St 45,667 $15,41) 115,943 516,474 $17,004 $17,626 $14252 314676 , -lard ( eases - Ad+IIon Relat ed 124,716 5)0,)16 $35,916 641,S16 $47,116 157,716 158,116 $67,916 Io),516 575,116 • lend It Am • Non AvIi6on Related $4,000 51.000 11,000 11,000 31,000 SO 50 SO 50 f0 Mina efljrw an Revenues 41,000 $1,050 $1,10) 41,1S8 $1,216 31,623 51,911 $2,010 42,111 $2,216 TOTAL OPERATW RVANLIE $64,175 387,590 $92,444 $101,301 4110,161 $147,621 4159,910 3177,356 1161,780 $197,206 OMRATM r%PENSES Personal Seroko $68,000 $71,400 $74,910 176,719 $101,651 1117,037 411 R,689 1124,623 3444855 $137,397 ContraA Strokes $4,500 $4,725 $4.961 55,209 59,470 $5,147 $6,0)0 36,3)7 $6,619 14981 AdminlstrAlon 15,000 $5,750 $5,513 43,786 16,076 $6,181 $6,700 17,0)6 $7,)87 37,757 Alrpol Maintenance 14,100 $4,)05 14520 $4,746 $1,904 $5,711 4S1494 $5,769 54,058 $6,360 Supp7K1 54,000 14200 41,111 $4.611 31,862 15,105 fS,360 41,6211 15,910 36,205 uIlklee 112,000 SIMM 31),7)0 513,892 525,000 126,750 $27,561 128,941 $30,188 311,907 MBatom"M Eepe nee, $1,000 51,050 $1,103 $1,156 31,216 41,276 f1,+79 $1,407 $1,477 51,551 TOTAL OPIKATING E%PENSE5 $98,600 $703,550 5106.701 5114,142 $155,761 51631076 61 1,177 41IV% $168,723 5196,159 TOTAL AIRPORI INCOME 1431,1751 ($19,940) (116,1621 (112,840) 1415001) (415,2051 "111,7781 IS7,7710 ~S3,942) 13951 f ! y M M b a~3 5 n C11 i= Y TABLE 7D (Continued) Cash Flow Analysis - Stage III Denton Municipal Airport 7004 7005 2006 7007 IOM 20m loin OpFRAlINC kN[NLIE 1Mt 1011 7011 7n11 7(115 Ceneiat AvlatkA •GA ferminal 518,775 $48,175 S0,173 (18,7?5 418,375 S/8,775 NA, 175 S4A,)75 IM313 $48,775 3/8,375 440.,175 'Fuel Elmve6t 514,870 119,62 170,177 411,1]1 371,681 117,6)8 f73,Mt l21,m5 171,797 • O Iran 325,507 $26,206 176,910 ISO lledmrm 131,420 $19,414 $41,110 $41,467 145,176 $47,490 419,401 $51,516 SSl,U7 555,545 $57,560 159,571 • 57,473 $2,539 $2,612 17,645 47,756 !7,811 42,9M 57.987 $3,059 13,177 43,215 13,792 too Ifanbam 119,300 $20,124 570,746 $71,777 $71,996 172,670 $23,244 471,982 $24,679 575,]97 •l+nd tear Avla•ton Reltled SAR,116 497,116 $108,116 (76,111 776,837 4119,116 1130,116 $141,116 $152,116 $161,116 $174,116 1105,116 4196,116 $.•07,116 • I and I. rout. Non AAa69n R,1" 40 $0 SO $0 f0 f0 in so 40 Mllcvhnenul Revenue/ !D f0 17,727 {1,651 S4,8R7 $5.131 $3,30.6 15,637 45,980 16,117 16,549 16,5 ,076 17,270 17,561 10781 ONWING RNENUF $215,041 $271,066 1216,561 $261,271 5273,993 $790,714 SJ04,/7/ 1.170,781 1135,109 $749,919 3101,606 3319,6110 Op[RA1MC [SAEly4f$ Perwal Scrkn $144,267 S131,/8I 57591055 $167,001 $175,1515 3181,176 St91,717 3702,998 $21],118 5731,606 !271,976 4246,716 CteRr+A Sen4cel S7,130 11,697 44,081 !4,485 1QT0 $9,755 49,423 310,71! 310,610 111,]11 111,940 517,537 Adminhlutfan IQ}4t f8b17 $8,979 $9,420 191900 $10,395 510,914 511,460 $12,073 $11,6JS $13,266 (11,910 Alrpmt Wmenmt f6,G78 $1,011 $7,781 $7,771 18.110 18,521 54,950 $9,]97 59,067 $10,760 410,679 511,417 Supplin $Ry16 46,841 57, t Ai' $1,517 57,920 481316 $8,771 59,168 59,626 $10,106 $10,613 411,,14 FtdAk4 $33,302 $15,176 578,916 530,7A3 310,777 $42,158 $11,496 647,141 $49,198 $51,977 154,172 357,./n0 Mhce Ranimm 6penim 511619 11,710 $1,196 !1,486 51,980 12,079 12,187 $1,297 52,407 57,517 17,653 37,186 101AI OMPAto C[tFENS[3 $206,061 52111,170 3129,194 $240,864 1757,907 $265,552 521AR70 1292,711 $3074410 $327,780 1336,919 1355,605 OtAI AIR" f INCOME (8,971 111,795 $11,169 $20,408 123,096 $25,174 376,611 $21,317 127,699 $77,169 525,887 $23,811 T 1 1 j o ~ M z r 1; fY 6i n eT lei?0 73 electorate to a tax levy to support airport However, Revenue Bondknfmal'y ca rry a ~ development. If approved, GO bonds are higher rate of interest because they lack the typically issued at a lower interest rate than security of tax supported GO bonds issued other types of bonds, by other government bodies. It should also be noted that the general public would usually be aware of the risk involved with a Self Liquidating General Obligation Bonds revenue bond issue for a general aviation airport. Thus, the sale of Revenue Bonds in As will all CO bonds, Self Liquidating this case could be more difficult than those Bonds are secured by the issuing for established air carrier airports, government agency. They are retired, however, by the adequate cash flow from Revenue Bonds are more suited to larger the operations of the facility. If the state airports that have sufficient cash now and court determines that the project is self- income to retire the debt in a reasonable sustaining, the debt may be legally time period. Although Revenue Bonds are excluded from the community's debt limit. a possibility, it Is doubtful that this method Since the credit of the local government would be a feasible option for financing the bears the ultimate risk of default, the bond development of Denton Municipal Airport. Issue is still considered, for the purpose of financial analysis, as part of the debt burden of the community. Therefore, this Combined Revenue/General method of financing may mean a higher Obligation Bonds rate of interest on all bonds sold by the community. The amount of Increase in the These bonds, also known as Double-Barrel interest rate depends, in part, upon the Bonds, are secured by a pledge of back-up degree of exposure risk of the bond, tax revenues to cover principal and interest Exposure risk occurs when there is payments in cases where airport revenues insufficient net airport operating income to are insufficient. The combined cover the level of debt service plus Revenue/Obligation bond interest rates are coverage requirements, thus forcing the usually lower then Revenue Bond rates due community to absorb the residual, to their back-up tax provisions. Revenue Bonds Bank Financing Revenue Bonds are retired solely from the Some airport sponsors have successfully revenue of a particular project or from the used bank financing as a means of operating income of the Issuing agency, providing airport development capital, such as the City of Denton. Generally, they Generally, two conditions are required: the fall outside statutory limitations on public airport must &T,Jnstrdte the ability to indebtness and, in many cases, do not repay the loan at current market rates, and require voter approval. Because of the the capital improvement must be less than limitations on other public bonds, airport the value of the present facility, These are sponsors are Increasingly turning to revenue standard conditions which are applied to bonds whenever possible. almost all bank loan transactions. 1 his 7.13 method of financing is particularly useful for and airport activity. BoA hes~ factors- smaller development items that will can be used as references In plan produce revenues and a positive cash flow, implementation. While it was necessary for and for cases when no private financing is scheduling and budgeting purposes to focus available. on the timing of airport development, the actual need for facilities is in fact established by levels of activity. Proper Third-Party Support master plan implementation suggests that Several types of funding fall into this air guide vto rscherdulen Gfu me as ee uairport category. For example, individuals or development. Interested organizations may contribute portions of the required development Experience has indicated that major funds. Private donations are not a common problems materialize from a rigid format for means of airport financing, however, is master plans. These problems involve the obtained, the private financial contributions plen's Inflexibility to deal with new issues not only increase the financial support of that develop from unforeseen changes that the project, but also stimulate moral may occur during the planning period. The support to airport development. format used in the development of this Master Plan has attempted to deal with this A slightly more common method of third issue. This section is titled Continuous party support involves permitting the Fixed Planning for several reasons. The first Based Operator (FBO) to construct their reason is to emphasize that planning is a own hangar and maintenance facilities on continuous process that does not end wth property leased from the airport. The the completion of a major project. The advantage to the airport in this type of an second is to recognize this fact without arrangement is that it lowers the local share invalidating the overall Master Plan. The of development costs, a large portion of primary issues, upon which this Master Plan which is building construction. The is based, are expected to remain valid for advantage to the FBO is that the several years, development may qualify for investment tax credit and that they would be allowed The real value of a usable master plan is depreciation on the facilities. However, the that it keeps the issues and objectives in the disadvantage with this option Is that the mind of the user. Consequently, the City will receive a smaller percentage of the manager is better able to recognize change revenue generated at the airport and its effect. Culdelines and worksheets are included in CONTINUOUS PLANNING the following section for each future year during the Initial five-year stage of The successful Implementation of the development from FY1994 to FY1998. Denton Municipal Airport Master Plan will Summary worksheets are also included for require sound Judgement by airport Stage it (FY1999.FY2003) and Stage III management. Among the more Important (FY2004•FY2015). All estimated factors Influencing management decisions to development costs are based on 1993 implement a recommendation are timing dollars. Therefore, costs must be adjusted 7-14 Y-S kc:'~J No by the appropriate inflation rate factor in should also aleiermined a1~d o effect at the time of development. ?cu ted with forecast lev`efs:-- Tii continuous planning process data should be entered CONTINUOUS PLANNINf. fps into the space provided on the yearly airport development schedule. The continuous planning process requires With this information, adjustments in the airport management to consistently monitor development schedule can be made to the progress of the airport in terms of effectively deal with variations between the growth in based aircraft and annual actual activity and that forecast. By closely operations, because this growth is critical to monitoring the activity and availability of the specific timing and need for new airport funds with the worfuheeL provided on the facilities. The information obtained from this monitorin following pages, management will be able g process will provide the data necessar to effectively implement the Denton y to determine if the municipal Airport Master Plan, development schedule should be accelerated, decelerated, or maintained as scheduled. SUMMARY AND CONCLUSIONS On an annual basis, airport management The future development of should compile and record this information Denton , Municipal Airport will present many and determining the actual number of challenges to the City of Denton. During enplanements, total amount of fuel sales, the development program the costs of and total annual aircraft operations. Use of development and operation will exceed the the Continuous Planning Chart, Exhibit 7A, potential revenue. The City will require and the Continuous Planning Craph, Exhibit financial assistance from many sources, 7B, will enable management to visualize airport activity including all available federal financial growth and compare it to the forecast levels. These exhibits are assistance programs. located at the end of this chapter. Equally, important will be the communities In addition, since fuel sales are an support of the growth and development of important revenue :Dune for the air rt the airport. Through the combined support actual fuel sales in gallons should be of the city government and its citizens, Municipal recorded on a yearly basis and compared be Denton or asset t Airport will continue to to forecast levels. Fuel sales per operation a major asset to the community, 7.15 y 9 i j IrY~ . ara~ U~ =a FRITZ uisoN pU I i4 0, JOk~! I ~n Q 1 R~ I IOi9~- I a d Q flit A. P Sf73~ ~ , FAQ I.~SYOR4~CE Ift. $IpRt.CW N--=D T"FAM" SUM e we nnv --~r J I k _ FxISF1N0 I ROUSE ' i 19, i2' oiau0°Ew°,'0r r' QMAOE V04617 /60 e -.r ~ , • J a5at~ KENT oa~gs-~ 0 1 100.000\ I ~Q PRCPOSM OCf 24' owvEwAr q C> JOHN C. JOHNSON FM H~YtiPM ~ I V- I+ 93-80047361^ - F~ PROPOSED 1 9 U.E. . I n t '.1 ~ a NOTES; (t) No major changes In topography are proposed, (2) A 4' wide concrete sidewalk Is to be constructed along Frame Street according to the City of Denton RECEIVED standards, Includlnqq sidewalk ramps at all Intereectione and drivewaye. i NOV 1 0 1993 (J) New concrete curb and gutter shall be installed on the east side of Frame Street, KMNINO & OEVELOPMENt DEPARTMENT I GRAPHIC SCAM' IN fEt IN M7 0 25 b0 100 100 150 DETAIL ONE ~~I~TING ZONING \ \ 01 10 ~ U4 01 N L 10 w 11\\\1 W 1 V 1\ \ i 1~\N \ L 1NN 1 11\\\ 1 N\N \ _ i VW,. Y.Y..Y u.•. iwY~WYYY.YJYY~~1, •+4Wa - W~r ~Y.Y•V 1 i{ i i 'r I .j 4 f i f ri. N I 1 r r, r i , , u n rr • ur 1 { E . 4 Moom 1 f { BTATC or TTKAS S MUNTY or DowlON >illf ian art the cwneem Qf tbjt` rartAn 1,4 4 WNSUAS1 John C. Johnlon 4w Dor1o eo#A Johnron`ere the We tract of laud situated $n the b,l,l, 6 6.(t,A' CoaQa Fl\a ~~wia~.\~ur4 \Li•~_~a• le.~rl Jat- _ ( Denton County, Terat, aced 1.1306 • #006 %$set, 001mg + Addition, 6n eddltloo to the city of Denton as Ihown bj 2 $1140 205, Plat Aecordo, Denton county, Tom, And a pot Doris Dean Sghneon from Tillman E1lle viand and Nnrlortc j ~y C 00062470, said I.t306 acre tract tvtnq mate particularly 4 4v V) 6oglanlnq at a found one-half Inch Iron pin ex corner of Said Lot 11 ala0 belto in tho east rlght- EME! 'RITZ C ~pNN50N 4~1~ ~Vyy Thence North DO degrees 2) ■lnut 8 3$ seconds too Pp A b~pppl d09~.~g8430 W Paid Out 1 a dtatance of 106,06 lest to A found o 1 t 1- •f MEME the occupied northwest corner of said lot l,t ; ThoncP,Sowtb $9 dogroes i6 ninat*s 36 sorondo Eael L ~ sold OUnd tract a distance of 190,00 lost tojA so for an inner ell corner of the heroin domeribo~ trm 1I Pj~'PR U r ~r ) rhanco North 00 dugfees 29 minutal )S teconde Sal 6 J A 1~ I st"uth lino, a'distance Of 69,58 feet to a edt ono aj?sl corner; thence North 69 dograla 53 minutes 61 seconds Is (eat to a set yne-holi.inch Iron pin or in inner e Thence North 01 degrees 3S minutes 3S soeonde Poet to a fence rQrn,er past at the occupied eogthwost co tc the property of H.P. Green of al In Dimt c~Q~ ~bh ly` Vii. 1804430 same being the southwret Corner of that to ,0~~ y ~3 II Pi4tt Ey dead worded In Volume 2893, page 643 P Denton oounky, Teratt , 4R~`3 ~'¢aQ6~ S 89°46'03'E 63 46' Thence South 69 degteeo 46 stinutee 03 aeconda Ems 04R a Itne, pass" tor onuthoait corner at $0.6 feett 41 fsit 1 distmhea of 61.16 loot .to A met one-)ialf inch Iron a`1/6 OR N 00°9'35' ti.._,....,_•L, said Wand tract and the Routh lino of said`Oreen '29'35" C h FCQ corns! of the harem deacrlbad trnc,tt •J N 03035",75# t- L 40,26 SIP Thonco 4outh 01 degrees 53 minutes 46 second* Est f 5858' 3r C line a dtmtanco of 99.62 fact to a (once cornet N 89'S3'41 G 2$$,74' 0 C pOno MUIKV, red eonthoast, corner of said Oland tracth 0 Thence North 64 degrees 53 mtnutea )6 Uconds W40 SIN Sol' SIP W lino, genorrliy north of an old (once line, a diste set one-half inch iron pin for An inoor ell corner; KENT Thence Sovth 00 degrees 24 nlnutoo 41 seconds Neat, Or{~ 1 6 t t r P ~ N C~ found one-half inch robot to An old Irregular. r WIDE I , OO ~,230 continuing on a total distance of 401.66 feet to A I ~ pin at the occupied southeast corner of slid lot 11 OU1Y MEME T FtP S 89 55 36 E SIP SIP j.~~ SIB FCP 'thence North 39 degroos 36 alnutee is maconde trait.. maid I-t I a distance of 194196 feet to thA Point 0 1,1346 scree of land. t N 8905 '36" W 165,46' In all i C. "r s 2S, I 100100' ,oat6 0A w T ~IVA' UZ (rw,)- u.r:. (rw.) y 1 f r I NOW, TH19WAX, "DO ALL HEN BY THt9l PACSENTSt r r 89 -65'36, w r 1 N asr5 ag w r `1 3r w r 7 N W55'Je w r 7 N 8755'38' w r 7 N 89055'36' w-. AA Lr..1 5e~a~ -J L' 51,00-._ J L_ t to = 1 CI Ql11 1 , u r .\t1 n,l, 1 4tA}. 'Ink" .1nh.... .nd Rn.l. Drs /rL...• Ia H~Y.~I e r7 1 N d z0' w16E WIMP L l i o j 7A s eva5,ja i f z I i' s , 1 1 FIP N 89'34'35" W f MiLl1+RD SSSlRPRP 2710 P*O*Bo , r lvg4re unu wws eeNLlone lnaratll at toeaad and IA th1 epp4t JA the rspaett f stated. S 00"44'14` W ( N 00'04W ~ dtroo under vy hand and sw of oquo thin the day of 14100' 14,00' Jay of LOW r Notary WI Notaiy Public for the state of t'oaal coon l l CAMnlaflw erptroa IY.A.x.~.I.4.b :.i.........1r.LILi.u.LC gliow ALL AI It THM AAIIkNtdt +1 that 'I# Irnat.tltdgeothl A4910tet4d 06M It lurrfper, dolhYrt iyor, do toree certify that this Nat DETAIL OI" 14'x8' WIL17Y EASEMENTS AM deldtlptlas vae profited troll Ah aatoal end aCruratY ed accurate fdrley of tM land and, FAst N,T,S, dlrnctlon in aorord+nra with the law, red rrWer my parfenal auparviftom of Esm SCYAIIY the iron yyIna aMlrn hereon pare toend or plated Yndor M _I ~D~ LL $rn~it I $rn11t Hrdgrat~ L L E--'C E 0 0 TYaea Nl Vera Nedtft'aNd Iroflnlnnai BL - Building Setback line tend 1, 4and sucveyoe Mwit»t l001 CE - Communicatlone Easement lJn 1/ ~ I >.(I II II i~ CL w Canterline nV DE - pralnage Easement` uuho 11 Y DR - peed Records a _ l RCP Fence Corner Poet ~0 All r-M r F'H W F1re Hydrant dr;3q h FIP Round 1/2" Iron Pln i rND 4 Found i i t LP W Light Pole qt=q a MH Manhole IRON - Monument OH - Overhead PP power Pole tutAW PR - Plat Records _ f ~ ROW - Right of Way RPR - Real Property Records i SIP - Set 1/2" Iron Pin UE - Utility Easement LOCATION UG Underground i mmmi I I r I n c- I i L f Iv LJI _ L I J , I l v~4 1 i Is I L a I ~1 i b r:PJo.S- Appendix C POTENTIAL EXPANSION CAPABILITIES In Chapter Six, Airport Plans, the Potential DEVELOPMENT ITEMS Expansion Capability Plan, Sheet No. 3, Identifies the development of Denton Municipal Airport to su The addition of commercial service activity pport commercial at Denton Municipal Airport will require service activity, This appendix includes a that both airslde and landside facilities are list of additional development items, a constructed to support this activity, Table discussion future revenues and expenses, G1 Indicates the necessary development and the Identification of potential funding items to support commercial service activity, sources that can be expected with the As shown in Table C-1, the development acquisition of commercial service activity, will consist of an additional $61,8 million in capital improvements. i C•1 TABLE C-1 Potential Commercial Service Development Items Denton Municipal Airport FUNDING 13R~fVY/r•f\ ~VA,yG`.t } er "r Pjtr E 4 DEVI&OPMENY ITEM ?'TOTAL r FAA IOGl ss'lbTk~Eli 1. Construct Aircraft $500,000 $450,000 $50,000 $0 Rescue and Firefighting (ARFF) Facility 2. 4 ARFF Vehicles 1,000,000 900,000 100,000 0 3. Construct Access 21782,000 2,503,800 278,200 0 Road, 89,000 SY 4. Land Acquisition, 6,520,000 5,868,000 652,000 0 ±815 acres 5. Construct Runway 13,569,000 12,212,100 11356,900 0 17R-35L, 167,000 SY 6, Construct Taxiways, 13,812,500 12,4311250 1,381,250 0 170,000 SY 7, install HIRL, 20,000 LF 1,500,000 1,350,000 150,000 0 8. Install MITI, 40,600 10785,000 1,606,500 178,500 0 LF 9. Install PAPI's 60,000 54,000 6,000 0 10. Install 31LS's 4,500,000 4,500,000 0 0 11. Install 3 MALSAR 10500,000 1,500,000 0 0 Approach lighting 12. Pavement Markings 62,500 56,250, 6,250 0 13. Construct Terminal 7,594,000 5,125,950 2,468,050 0 Building, 48,600 SF 14. Construct Automobile 269,000 242,100 26,900 0 Parking, 14,300 SY 15. Construct Apron, 20154,000 1,938,600 215,400 0 26,500 SY 16, Construct Interim 1,400,000 1,260,000 140,000 0 Commuter Apron, 40,000 SY 17. Construct West 2,782,000 2,503,600 2780200 0 Access Road, 89,000 SY TOTAL DEVELOPMENT $61,790,000 5541502,350 $702870650 $fi C•2 r r ,5,W POTENTIAL. FUNDING SOURCES PASSENGER FA j.l`i`~ k ARFT GF15 113 In addition to those federal funding sources The Aviation Safety and Capaity Expansion ' identified in Chapter Seven, Financial Act of 1990 contained a provision for Management and Development Program, airports to levy Passenger Facility Charges Entitlement Funding and Passenger Facility (PFC) for purposes of enhancing airport Charges are another mechanism which safety, capacity or security or to reduce could provide additional funding. The noise or enhance competition. Tide 14 following section describes these funding CFR Part 158, May 1991, establishes the sources. procedures that must be followed by airports choosing to levy PFC's. The regulations specify that PFC's may be ENTITLEMENT FUNDING imposed by public agencies controlling a commercial service airport with scheduled When airline passenger service is service of at least 2,500 annual passengers. established at an airport, entitlement This legislation allows the authorized funding may become available. Through agencies to impose a PFC of $1.00, $2.00 this mechanism, primary commerclal.ervice or $3.00 per enplaned passenger. airports enplaning at least 10,000 passengers annually, are guaranteed a Approval Is required from the U.S. minimum of $400,000 per year. For the Department of Transportation (DOT) before first 50,000 enplanements, the airport an airport is allowed to levy a PFC. DOT receives $7.80 per enplanement. For the must find that the projected revenues are f next 50,000 enplanements, the airport needed for specific, approved projects, receives $5.20 per enplanement. The next Any AlP•ellgible project, whether related to 400,000 boardings provide $2.60 per development or planning, is eligible for PFC enplanement. For all other enpianements funding. Noise Compatibility projects are over 500,000, the airport receives $0.65 eligible for funding thw;+Qh PFC's whether per enplanement. or not they are in an approved F.A.R. Part 150pro$ram (Noise Compatibility Program). Entitlement funding is also available for Gates and related areas for the movement airports that are served by all-cargo aircraft of passengers and baggage, and on-alrport with an aggregate annual gross landing ground access projects are also eligible for weight in excess of 100 million pounds. funding with PFC's. Any project approved The monies, which are set-aside funds in must preserve or enhance safety, security or the AIP program, are then allocated to capacity; reduce/mitigate noise Impacts; or those airports that qualify under this criteria. enhance competition among carriers. While there Is a potential for all-cargo aircraft to serve Denton Municipal Airport, PFC's may be used only on approved the entitlement funds associated with this projects for all or part of the allowable activity were not projected due to the costs. They may be used as matching funds difflculty In predicting the future funding for AIP grants or to augment AIP-funded levels. projects. PFC's can be used for debt C-3 III 4-ol 73p service and financing costs of bonds for period. Ther efo, ''f to uXfi nFcipal eligible airport development. These funds Airport will beNflgible to-retain all of its may also be commingled with general entitlement funds as well as any PFC revenue for bond debt service. Before revenue it receives. submitting a PFC application, the airport must give notice and opportunity for consultation to airlines operating at the POTENTIAL PFC AND airport. ENTITLEMENT REVENUE PFC's are similar to other airport Table C-2 outlines the maxlmorn PFC and improvement grants and would be entitlement funding anticipated to accrue to administered by the FAA. Large and the Airport during the planning period if medium hub airports (those airports that commercial service was to materialize. PFC enplane more tnan 0.25 percent of the revenues were based on an assumption that annual U.S. domestic enplanements) will 75 percent of the potential enplanements at forego up to 50 percent of their AIP Denton Municipal Airportwould be eligible passenger entitlements. Based on the for PFC's. It was anticipated that a $3.00 forecast enplanements for Denton per enplaned passenger fee would be Municipal Airport and the U.S., it is not implemented. It was assumed that anticipated that the Airport will qualify as a entitlement monies would not become medium hub airport during the planning available until 1997 and PFC monies until the year 2000. C•4 f A0~~~,I~i~ -O S TABLE C-2 r... Pot ~ ~z 93 ential Passenger Entitlement Funds and U Passenger Fadlity Charges (PFC's) Denton Muni pal Airport aa. ~ p , {E,. eCy'SEi+~~s ,B~N~ eaNe?v ~e ~EbrrWf lw R'v3~ y,N ' } YG i j 7i E T t~'« 1 " v>i 1 ~vf~y. 1.'/ r } a rrgl__~eJJm-__ent~ '/4 ~ Fu7 lrl -J~~ro!' ATE yEl §S4 II ' M k ~e t3n L F~IK11 ' ' np i IReVehUe ad'v'.~~ f;,1(J~'.1 1994 0 $0 $0 s0 g 199S 10,000 $0 $0 $0 1996 15,000 $0 s0 $0 1997 20,000 $478,000 $0 $478,000 1998 250000 $517,000 SO $517,000 1999 30,000 $556,000 $0 $556,000 2000 35,000 $595,000 $78,750 $673,750 2001 43,000 $634,000 $96,750 $730,750 2002 51,000 $673,000 $114,750 5787,750 2003 59,000 $735,400 $1320750 $8680150 2004 67,000 $795,200 $1500750 $945,950 2005 75,000 $836,600 $168,750 $1,005,550 2006 110,000 $878,400 $247,500 51,125,900 2007 145,000 $920,000 $326,250 $1,246,250 2008 1600000 $1,076,000 $405,000 $10481,000 2009 215,000 $10167,000 5483,750 $1,650,750 2010 250,000 $10258,000 $562,500 $1,820,500 2011 181,000 $1,349,000 $632,250 $1,981,250 2012 3120000 $1,440,000 $702,000 $20142,000 2013 343,000 0,520,600 $771,750 $2,292,350 •2014 374,000 $1,601,200 $841,500 $2,442,700 2015 405,000 $1,681,800 $9110250 $2,593,050 AIRPORT REVENUE AND EXPENSES The source for the data used In the study of rates and fees were the American The revenues and expenses Identified In Association of Airport Executives KmE1, Chapter Seven assumed that the airport 1991.1992 Survey of Airport Rates and would service as a general aviation reliever Charges, as well as data from commercial facility. The following revenues and service airports In Texas. expenses assumes that Denton Municipal Airport would serve as a commerclal service facility. C•5 i; Ile PROJECTED OPERATING REVENUE Auto Rental Lease Revenue (3 In addition to those revenues Identified in The potential income from u~o erfaV~ Chapter Seven, there would be revenues agencies was calculated using a per- generated from commercial service activity passenger ratio characteristic of non-hub if it were to materialize at Denton airports. The rate 951.00 per passenger) Municipal Airport. The following was applied to the total passengers forecast paragraphs discuss the types of revenues to estimate annual revenue from this that can be expected with commercial source. service activity. Airline and Air Cargo Revenue Landing Fee Revenue Landing fee revenue is based on the gross While it is anticipated that commercial air landing weights (GLW) of the aircraft service will begin at the airport during Stage anticipated to utilize the airport. Estimates i, some of the potential airline income of future revenue from this source assume sources may not immediately contribute to that landing fees are would be charged to airport revenue. Some of these sources all commercial aircraft and genera) aviation include the terminal building leases, auto business flights. As the Airport increases in rental leases, landing fees, and auto size, landing fee are anticipated to escalate. parking. Revenue attributed to commercial Estimates were based on a fee of $0.61 per air service at the airport Is expected to 1,000 pounds gross GLW, constitute approximately 75 percent of the total airport revenue by the end of the planning period, Each of these income Auto Parking Fee Revenue sources is briefly described below. Auto parking fee Income, is not normally charged or collected at general aviation Terminal Building Lease Revenue airports, However, once commercial airline service is established, auto parking fees will Several sources of Income are Included in become a viable Income source for the this revenue category: Airline office and calculated on a per-passenger basis, based operating areas, airline counter space, on the ratio characteristic of small hub and concessions, gift shops, travel agencies, non-hub airports ($0,65 per passenger). advertizing, game rooms, newsstands and telephones. It was assumed that only 50 percent of the terminal area would be Air Cargo land lease Revenue available for lease and approximately 90 percent of that area would be fully leased Estimates of air cargo space requirements by the end of the planning period. A lease were used to project potential air cargo rate of $16,00 per square foot was used to land lease revenue for the planning period. calculate the Income anticipated from this Land leased for air cargo use was estimated revenue category, at $0.11 per square foot based on other similar airports, C•6 i PROJECTED OPERATING EXPENSES Airport with commercial service activities. The ideal and ultimate goal of any airport is Operating expenses at Denton Municipal to support its own operation through self- Airport would be expected to Increase if generated user fees. commercial service were established. The expense categories Identified in Chapter With commercial service at Denton Seven would hold true, however, additional Municipal Airport, the revenue would be expenses could be expected. expected to grow at a faster rate than if the airport only supported general aviation. By the end of the planning period, revenues CASH FLOW ANALYSIS would be expected to exceed expenses, and would make a contribution towards the Table C-3 il►ustrates the potential revenue/ funding of the local share of the additional expense projections for Denton Municipal development costs. 9 C-7 r ''i{V'0__ r3 'O q/ FUNDING SOURCES Entitle mentrf finds -and/eassenge?-Facility Charges) will provide approximately 35 Table C-4 illustrates the potential sources of percent of the capital Improvement dollars. funds to finance the capital improvement program throughout the planning period, By the early part of Stage III, airport Income As Indicated, approximately $59.7 million should be able to contribute to the airport's dollars of capital Improvement costs will capital Improvement program along with have to come from federal discretionary monies provided by private sources, grants, or local debt financing. The major entitlement funds, and PFC's. funding sources depicted (Private, TABLE G4 Funding Sources Analysis Denton Municipal Airport funding Sources Airport ; funding YiSr,C~+pCo+e; :PrivaLr Cmtldasria+t", PfC , Incoiru Requirements' 1994 $2,268,500 s0 s0 s0 s0 $2,268,500 1995 2,277,000 0 0 0 0 2,271,000 1996 2,910,000 1,600,000 0 0 0 1,310,000 1997 5,288,500 0 478,000 0 0 4,010,500 1998 4,185,000 0 517,000 0 0 3,868,000 1999 3,419,700 160,000 556,000 0 12,004 2,691,636 2000 3,419,700 160,000 $95,000 78,750 0 2,565,950 2001 3,419,700 160,000 634,000 96,750 0 2,518,950 2002 3,419,700 160,000 673,000 114,750 0 2,471,950 2003 3,419,700 160,00) 735,400 132,150 0 2,391350 2004 5,656,167 616,661 795,200 150,750 0 4,093,SS0 200S 5,656,167 616,667 $36,800 168,750 174,068 3,859,882 2006 5,656,167 616,667 878,400 247,500 279,593 3,634,007 2007 5,656,167 616,667 920,000 326,250 383,SS3 3,409,691 2006 5,656,167 616,661 1,076,000 405,000 485,870 3,072,630 2009 5,656,167 616,667 1,167,000 483,750 586,463 2,802,267 2310 5,656,161 616,661 1,258,000 S62,500 739,075 2,479,925 2011 5,656,167 616,667 1,349,000 632,250 791,446 2,266,804 2012 5,656,167 616,667 1,440,000 702,000 841,820 2,055,680 2013 5,656,161 616,667 1,520,600 171,750 890,091 1,857,053 2014 5,656,167 616,667 1,601,200 8411500 936,174 1,660,626 2015 5,656,161 616,663 1,681,800 911,250 979,939 1,466,511 TOTAL. $101,961,500 59,600,000 $18,712,400 $6,626,250 $7,100,102 $59,742,748 NOTES: ' These funds may be available from the FAA AIP d1scre0onary funding ar4or debt financing. C•8 • i SUMMARY It is anticipated that if commercial s rvice activity were to materlalize at Denton This appendix was developed to serve as a Municipal Airport, additional examination means of identifying those development and a Master Plan Update would be items, revenues and expenses, and funding conducted. sources necessary to support commercial service activity at Denton Municipal Airport. s i c i C•9 i C ,.,,l ABLE C•3 y es Now Analysis • Stage I and Stage II an n Municipal AErport 19.11 1997 1974 1997 19391 1971 )000 7001 10(11 7(103 0.14 R71TN11$ ArlMiom 40 2! 1" rminal $0 f0 40 SO so 1511150 4)5,05 514700 411,915 $45,150 451 cruel kwon 14941 411,917 417,50S $14,097 $14,660 615,166 515,656 $16,610 117,367 114117 1 SIB 136147 $17,160 419,291 571,306 $23,771 $25,116 617,150 $29,764 475,376 1)7,)91 $35,406 p QiB ikdowns 41,)11 $1,661 11,771 51,600 11,670 51,940 47,010 51,116 $2,221 $2,176 •I86 Hanprs 57,576 411,152 411,662 $15,413 415,9/7 614ie4 117,004 417,626 514152 514676 •landtmes -M(A mRelated 124,716 4)0,716 513,916 $41,516 $47,116 $32,7.6 454716 161,916 169,316 $75,116 •landleases - NonMolomOdated 54,000 14,000 141000 14.000 54,000 SC 10 5o $0 $0 k Commercial Seeks • terminal Bum"steasea so so 40 40 $0 60 10 40 SO 50 j Auto Remal le at" IO 40 so so SO 60 175,000 417,000 151,000 $59,000 landmlrefs 50 $0 40 SO SI7,N5 $44,146 450,417 160.976 171,575 462,094 r •AulO PA4 50 40 40 SO 50 60 to 50 1).1,150 $34)SO - •Ak CM6o Leos 50 SO 40 SO SO 6o 130,D00 $37,700 IS5,400 114100 M19ce6aneoul Revenues $1,000 41,050 11,101 $1,156 55,216 41,627 S1,4t4 $2,010 $2,111 11,216 tp( tOIAL OP2M11NC R[VtM 50115 S61,S90 592,444 $101,101 4146,076 1191,961 $275,SS6 $309,017 $373,665 4414,752 1 OPr11A19JO MNSIS Personal SmIces 464000 471,100 471,970 576,719 4107,719 1104904 5761,750 $761,351 5401,691 $431,760 ' ConlgR Services 51,390 $4,7d3 $4,961 13,109 15,470 65,141 $11,467 111,061 517,664 517,197 AdminbliMioe 15,000 $1,750 $5,513 0,766 16,076 16,361 $12,761 (1),4101 414,0)1 114,7)) Akpon MMrviti,we $4,100 $4,705 S/,510 $4,746 54,901 13,277 $10,166 114969 $11,S)6 $12,115 Supplk4 S4,o00 51,200 $4,410 11,631 51,661 $71105 $10,210 414711 1111IS7 411,620 IAINtF•f 4131000 413,600 $13,710 177,000 $16,250 $75,000 $34,750 1)4561 540.St7 142,515 j MiscrpameOLnUpemfs 11,000 $1,050 11,103 SIMS 15,216 61,216 $2,33) $2.660 11,611 12,955 i f j j 101AI Of PLAT M tkP[W S 498,600 110),330 1108,701 5115,2SO 415011 1167,613 6144577 $411,006 44941,536 1519,264 i i 1014AMP01111NCOMt 1$31,)751 (519,94M IS14262) 1623,9491 160401 124,124 (117),2211 (3961,973) 111146911 41101,3521 f i r II Oft ig47 I y ' VY 44 •3 (Continued) Fi w Analysis • Stage 111 T" a a on unlcipal Airport 2001 Loos 10216 2007 tone 2009 2010 1611 2012 2013 2014 20+s 7ep c',(P(YAT RIYTI4l11 iGe4ja2 AvJxiom ~r•f$ITtg1,6lAm1 $40,375 $46,115 344, V$ 146,373 $44315 146,375 S4 A.175 $44,175 $46,1'1 $46,375 114, 17S 141,175 •fuelIlvwap 576,670 $19,624 32RI77 $71,131 $21,804 121,61A $21,391 $21,095 $24,799 52s,501 176,206 576,910 -too teaks $11,420 139,414 $41,448 $41,461 145,476 147,190 549,504 SS 1, 516 153,132 SSS,346 $57,560 $59,511 •f90 IWd M 11,451 12,519 52,612 $2,605 $7,776 12,631 57,904 32,981 33,059 f),117 13.213 13,292 •19014npm $19,500 $10,124 520,716 $21,372 321,9% 121,620 $13,711 121,%) $24,679 521,397 124114 126,652 • tand l emset•AvlRlon Related 564116 3971116 3104116 $119.116 5130,1 T6 5111,116 5132,116 $163,116 1174,$16 5155,116 !194116 5207,116 -tend leaef• Mo4Avlalbn Related so SO SO SO 60 SO So $o 50 f0 f0 so ' Commeuld service • Terminal 6und!nl team 30 1191,600 3120,760 $149,920 $179,060 5104210 $417,400 $417,100 5411,400 $411,400 5417,400 5437,400 •Am Rental team $67,000 175,000 1110,000 $145,000 SIK000 $115,000 1250,000 6201,000 $312,000 $)4),000 3371,000 1/05,000 •IkAdlnlfem $92,651 $103,212 1144,965 51661716 5724171 1374224 $111,971 $10,650 $379,322 1112,995 5444666 1460,141 •AWo Par6inl 10,550 $46,130 611,600 194,750 $117,000 5119,750 $162,500 3182,656 $202,1100 $222,930 $243,100 1263,250 ! •9.k Cw/o learn 140,800 $41,500 616,200 148,900 351,600 $54,300 $51,000 09,700 $61,400 563,100 $0,800 670,500 M21eepaneow Re wet; $21127 $4,654 $1,867 15,131 35,786 53,611 13,940 $6,237 14349 54676 $7,120 11,SAI t TOTAL OPIRAT PIT, REVINIIE 1459,044 $793,928 1939,986 61,086,060 $1,771,144 11,378,210 11,314,331 31,626,661 $1,729,011 11,831,194 51,933,174 31,034VI OPIRAIiNG IXPENSCS l Perwnal Servkef 1441,669 1465,011 1488,263 $512,671 1510,310 35631226 559.1,487 $613,162 1654,320 3687,016 1711,187 3751,457 GOnIraA Servk( i $13,962 $77,924 629,370 $10,766 1)1,313 351,917 $75,639 117,171 S)9,292 $41,236 $43,319 1/5,163 Adminldrdbn 311,711 131,021 $37,578 $34,207 113,917 357,713 S19,S99 141,379 143,657 $45,640 344112 SS0,339 Mpod Maid emnce 312,721 $23,441 $26,714 $26,050 529,152 114915 $12,171 $14,094 sis,799 137,189 339,161 311,411 supphef $12,411 SKS21 128,062 521,365 W0140 330,170 $11,619 (0,161 04,926 136,071 116,506 $40,411 Ik UllRkf $44,670 150,400 $52,500 355,121 1311081 $60,775 563,614 161,005 $70.)13 171,671 $77,566 581,11$ + M6ce8aneow Gpemm 33,103 S420S 64516 $6,841 $7,161 11,54) $7,920 34116 $4711 $9,168 19,626 510.106 t TOIALOPEKAIM 1IP(NS2S 3545,249 $630,432 5661,953 1693,051 1719,80) 67661291 (804,606 $641,1%9 3867,001 $931,433 6974606 $1,024901 E to IALA6lPOR11NCOME db420/1 3163,4% $27AMS 1391,009 $502,110 1611,07 (719,11) 3761,645 $641,951 3699,960 S95S,768 $1,009,264 I a= wnT.. Attachment #2 q _ A REPORT REGARDING AIRPORT HEIGHT CONTROL ZONING REGULATIONS AND AIRPORT COMPATIBLE LAND USE ZONING REGULATIONS APPLICABLE TO LAND IN THE VICINITY OF THE DENTON MUNICIPAL AIRPORT k' A~ Y 10' y l," H. L[1L1 L AIRPORT ZONING COMMISSION CITY OF DENTON NOVEMBER, 1993 't i r '10- 3-o s 2_ Y-i A PRELIMINARY REPORT REGARDING AIRPORT HEIGHT r5s5'7, 93ft; NT L ZONING REGULATIONS AND AIRPORT COMPATIBLE LAND USE ZONING REGULATIONS APPLICABLE TO LAND IN THE VICINITY OF THE DENTON MUNICIPAL AIRPORT 1.00 INTRODUCTION The Denton Municipal Airport Zoning Commission has been established under the provisions of the Local Government Code Section 241.016 to study and make recommendations :or regulating airport height hazard and land use compatibility zoning in the vicinity of the Denton Municipal Airport. The Airport Zoning Commission comprising three members of the Denton Planning and Zoning Commission and three members of the Denton Airport Advisory Board, convened a series of work sessions starting in January, 1993. The Commission prepared a preliminary report dated July, 1993 incorporating proposals to restrict and regulate the use of land and the height and construction of buildings in the vicinity of the Municipal Airport. A public hearing was held on July 15, 1993 with regard to the proposals contained in the preliminary report. The Commission held a final meeting on July 22, 1993 to consider comments received at the public hearing and then directed staff to foward its recommendations to the City Council. This report incorporates the final recommendations of the Airport Zoning Commission. The Planning and Zoning Commission and the Airport Ad•sory Board will hold a joint public hearing scheduled for December 0, 1993 to receive comments from the public with regard to the Airport Master Plan and the final recommendations regarding height control and compatible land use zoning as contained in this report. 2.00 COMPATIBLE LAND USE ZONING The Denton Municipal Airport is used by the public to an extent that the airport fulfills an essential community prupose. It is necessary in the interest of the public health, public safety and general welfare to prevent the creation of an airport hazard. The legislative findings regarding airport hazard contained in the Local Government Code Section 241.002 are all applicable to the Denton Municipal Airport. 1 x 2.10 Zoning in the Extraterritorial-Jurisdiction: Under provisions contained in the Local Government Code Section 241.013, the City of Denton may adopt, administer and enforce the proposed regulations in the area located outside the corporate ci limits in the ry extraterritorial jurisdiction (ETJ). Land uses buildings and structures permitted in the ETJ shall be in accordance with these regulations as well as comply with other applicable Federal, State and local regulations and standards. It is intended that the height hazard and the compatible land use zones proposed in this report shall "overlay" the applicable land use and building regulations and other development standards of the City of Denton as may be amended from time to time. In any event that the underlying zoning or building regulations or standards are in conflict or inconsistent with the proposed height hazard and compatible land use regulations, these regulations shat] take precedence. 2.20 Airport Development Zone: The Airport Zoning Corrmussion proposes to establish an Airport Development Zone (ADZ) In the vicinity of the Denton Municipal Airport in order to provide a framework for restricting and regulating existing and future use of land and buildings. The Airport Development Zone is defined by two parallel lines drawn in an east west direction and measured 10,000 feet from both ends of the proposed new and extended runways and being 4,000 feet wide; two north-south parallel lines drawn 3,500 feet from the centerline of the proposed new and extended runways and equal in le..3th to the proposed new and extended runways. Lines are then drawn to connect the east-west and north-south lines to complete the Airport Development Zone as shown on attached map. A metes and bounds description of the Airport Development Zone is included in Appendix W. 2.30 Permitted Uses: All land -ises as permitted by the zoning classifications as established on the official zoning map of -.:ity of Denton as may be amended from time to time, shall be permitted in the Airport Development Zone except the following uses which are prohibited: (a) All educational uses, including but not limited to, public and private schools, kindergartens and child care facilities, colleges and universities, and vocational schools. 11owever, (i) Schools for flight instruction or for vocations associated with the airport, airplanes or aviation related activities and (fl) facilities for employee or client training or instruction related to services or products associated with the business of the entity providing such training or instruction (provided such training or instruction is not the primary business of such entity) shall be permitted in the Airport Development Zone. 2 u (b) Hospitals; nursing homes, institutions or any other facilities rovndin con p g valesce~i.Q rehabilitative care; establishments for the care treatment or rehabilitation of alcoholic narcotic or psychiatric patients; residence homes for the aged; and institutions, homes or rehabilitation centers for persons convicted of crimes. However, medical dental or optical clinics for the examination, consultation or treatment of patients as outpatients, medical laboratories, establishments for the sale or rental of or industrial facilities for the manufacture of medical or optical supplies and equipment, pharmacies, veterinarian clinics and related facilities, public safety or emergency medical facilities operated by or in connection with the Airport shall be permitted in the Airport Development Zone; and (c) No use may be made of land or water within the Airport Development Zone that will create electrical interference with navigational signals or radio communication between the airport and the aircraft, or that will create interference with any internavigation facility, airport visual approach or landing aid, aircraft arresting device or meteorological device, or that will make it difficult for pilots to distinguish between airport lights, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with landing, taking off or maneuvering of aircraft using the airport. The Airport Development Zone is further divided into Zone one (Z•1) and Zone two (Z•2) and defined as follows: 2.40. Zone One fZ•ll includes all that area located within the 6S Wn or areas with noise levels higher than 65 Ldn as shown on the attached map. A metes and bounds description of zone one (Z•1) is included in Appendix "B". 2.41 Permitted Uses: All uses as permitted in the Airport Development Zone except that new residential uses shall be prohibited. Existing residential uses shall become nonconforming uses on adoption of the Municipal Airport Zoning Regulations and subject to the provisions contained in Chapter 35 Section 13 of the Code of Ordinances. In addition existing residential uses shall be governed by the following provS, ions. (a) When a property owner proposes to repair, rebuild or remodel an existing residential structure, the City may offer to purchase that property subject to the availability of funds. (b) If the City is unable to purchase the property at that time, the property owner may be permitted to repair, rebuild or remodel an existing structure in accordance with Chapter 35.13 of the Denton Code of Ordinances, providing that the construction complies with the noise mitigation standards contained in appendix V 3 e ry58el ~3~ ' 2.50 Zone ' Y fZ-2) include all that area located in the Airport Development zone outside of the 65 Ldn or areas with noise levels less than 65 Ldn as shown on map. A metes and bounds description for the outer limits of zone two is the same as for the Airport Development Zone included in Appendix "A". 2.51 Permitted Uses: (a) All uses as permitted in the Airport Development Zone except that research type facilities similar to and including the existing University of North Texas Water Research Field Station shall be permitted in this zone. (b) Property owners proposing to construct a new residential building or to rebuild, remodel, add to or repair an existing residential building shall be required to sign an avigation easement agreement with the City of Denton. A sample copy of that agreement is contained in appendix "D" (c) Property owners may not be required to sign the avigation easement agreement if the proposed building, rebuilding, remodelling, addition or repair operations comply with the noise mitigation standards contained in appendix "C' 3.00. HEIGHT CONTROL ZONING All structures erected, reconstructed, altered or enlarged in the Airport Height Cottirol Area, and ell objects of natural growth placed, replaced, planted, replanted or altered in the Airport Height Control Area, shall comply with height restrictions, rules and regulations from time to time promulgated by the Federal Aviation administration (FAA). The Airport Height Control Area is located within five miles from the end of the proposed new and extended runways and one and one half miles from the centerline of the proposed new and extended runways as shown on map. 4.00. PERMITS: The owner of any property located within the Airport Development Zone (ADZ) or the Airport Height Control Area shall obtain a permit to be issued by the Building Official of the City before: (a) A nonconforming structure may be replaced, rebuilt substantially changed or 4 substantially repaired; fir - A nonconforming object of natural growth may be replaced, subslantiaUy Chan , - allowed to grow higher, or replanted; (c) A new structure is constructed; or (d) An existing structure is substantially repaired of substantiaUy changed. 5.00. BOARD OF ADJUSTMENT The existing Board of Adjustment of the City of Denton shall be designated as the Denton Municipal Airport Board of Adjustment with the following powers: (a) To hear and decide appeals from an order, requirement, decision or determination made by the Building Official in the enforcement or administration of the airport height control area zoning regulations and the airport compatible land use zoning regulations. (b) To hear and decide specific variance applications. 5.10. VARIANCES: (a) Any person who desires to erect or increase the height of a structure, permit growth of an object of natural growth or otherwise use property located within the Airport Development Zone or the airport height control area in violation of height or use restrictions may apply to the Board of Adjustment for a variance. (b) The Board shall allow a valiance from the height or use restrictions if: (i) A literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship; and (u) The granting of the relief would (1) result in substantial justice being done (2) not be contrary to the public interest (3) and be in accordance with the spirit of the Denton Municipal Airport Zoning Regulations; provided, however, the board may impose any reasonable conditions that the Board considers necessary to accomplish the purposes of the regulations. S An, ir'~ APPENDIX "A" G-Q -K o a, 7 3 4P METES AND BOUNDS DESCRIPTION OF THE AIRPORT DEVELOPMENT ZONE ALL that certain lot, tract, or parcel of land situated in Denton County, Texas and being part, or all o the following surveys; G. West Survey A-1393, S. Paine Stu-Vey A-1035, J. Kjelberg Survey A-1610, M. Paine Survey A-1036, B.B.B. & C. R R. Co. Survey A-176, J. McDonald Survey A-873, A. Byerly Survey A-1458, 1. Hembrie Survey A-594, J. Dalton Survey A-353, J. Bacon Survey A-1540, J. Hardin Survey A-1656, Wm. Neill Survey A-970, W. Smith Survey A-1188, A. Madden Survey A-851, T. Tobey Survey A-1285, W. Wilburn Survey A-1419, D. Davis Survey A356, A. Mays Survey A-844, W. Davis Survey A-377, J. Scott Survey A-1222, A. Cobberly Survey A-1542, G. Myers Survey A-843, Myers and Johnson Survey A-1699, E. Orr Survey A-983, G. Barb Survey A-208, W. Bryan Survey A- 148, S. Huizar Survey A-514, J. Haney Survey A-515, and the R. Whitlock Survey A-1403 and being more particularly described as follows: COMMENCING at the centerline of the south end of the City of Denton Municipal Airport runway as it exists on July 13, 1993, being located in W. Neill Survey A-970; THENCE south 0' 20'52" west a distance of 1000.0 feet; THENCE south 89° 39' 08" east a distance of 3500 feet to the Point of Beginning, in the J. Hardin Survey A-1656; THENCE north 0° 20' S2" east crossing the north line of the J. Hardin Survey A-1656, same being the most northerly south line of the Wm. Neill Survey A-970, continuing and crossing the most northerly north line of said Wm. Neill Survey, same being the south litre of the T. Toby Survey A-1285, continuing and crossing the north line of said T. Toby Survey, same being the south line of the A. Cobberly Survey A-1542 and continuing a total distance of 7500.0 feet to a point for corner; THENCE north 8° 10' 59" west crossing the west line of said A. Cobberly Survey, same being the east line of the J. Scott Survey A-1222, continuing and crossing the north line of said Scott survey also being Jim Christal Road and the south line of the W. Bryan Survey A-148, continuing and crossing U.S. Highway 380, continuing and crossing the north line of said W. Bryan Survey, same being the south line of the R. Whitlock Survey A-1403, continuing a total distance of 10,111.87 feet to a point for corner; THENCE north 89° 39' 08" west crossing the west line of said R. Whitlock Survey, same being the east line of the S. Hitizar Survey A-514, continuing a total distance of 2,500.0 feet to a point for comer; THENCE north 0° 20' 52" east, crossing the north line of said S. Huizar Survey a total distance of 5000.0 feet to a point for corner; 6 ,y 6 k R 3 THENCE north 89° 39'08" west a distance of 4000.0 feet to a point for comer; THENCE south 8° 52'43" west crossing the south line of said J. Haney Survey A-515, same being the north line of said S. Huizar Survey, continuing and crossing the most northerly south line of said Huizar Survey, same being the north line of the E. OtT Survey A-983, continuing a total distance of 10,111.87 feet to a point for comer; THENCE south 0° 20' 52" west crossing the south line of said E. Orr Survey, same being the north he of the G. Myers Survey A-843, continuing and crossing the south line of said G. Myers Survey, same being the north line of the A. Mays Survey A-844, continuing and crossing the south tine of said A. Mays Survey, same being the north line of the D. Davis Survey A-356, continuing and crossing the south line of said D. Davis Survey, same being the north line of the A. Madden Survey A-851, continuing a total distance of 10,000.0 feet to a point for comer; THENCE south 8° 10'59" east crossing the south line of the A. Madden Survey, same being most southerly north line of the T. & P. RR. Co. Survey A-1292, continuing and crossing the east line of said T. & P. RR. Co. Survey, same being the west line of the J. McDonald Survey A-873, continuing and crossing the south tine of said J. McDonald Survey, same being the north tine of the B.B.B. & C. PR. Co. Survey A-176, continuing a total distance of 10,111.87 feet to a point for corner; THENCE south 89° 39' 08" east crossing the east line of said B.B.B. & C. RR. Co. Survey, same the most westerly line of the J. Kjelberg Survey A-1610, continuing and crossing the most southerly east line of said J. Kjelberg Survey, same being the west line of the S. Paine Survey A-1035, continuing a total distance of 2000.0 feet to a point for comer; THENCE south 0° 20' 52" west a distance of 1000.0 feet to a point for corner; THENCE south 89° 38' 08" east crossing the east line of said S. Paine Survey, same being the west line of the U. West Survey A-1393, continuing a total distance of 4500.0 feet to a point for comer; THENCE north 8° 52' 53" east crossing the north line of said G. West Survey, same being the south line of the A. Byerly Survey A-1458, continuing and crossing the north line of said A. Byerly Survey, same being the south line of the 1. Hembrie Survey A-594, continuing and crossing the east lute of said 1. Hembrie Survey, same being the west line of the J. Dalton Survey A-353, continuing and crossing the north he of said J. Dalton Survey, same being the most northerly south line of the J. Bacon Survey A-1540, continuing and crossing the north line of said J. Bacon Survey, same being the south line of the J. Hardin Survey A-1656, continuing a total distance of 10,111.87 feet to the Point of Beginning and containing 247,000,000 square feet of land or 5670.34 acres. 7 a k Y L) APPENDIX W" A METES AND BOUNDS DESCRIPTION OF ZONIEONI'.-- 3 13 ALL that certain lot, tract, or panel of land situated in Denton County, Texas and being U part, or all of the following surveys; G. West Survey A-1393, J. Kjelberg Survey A-1610, M. Paine Survey A-1036, J. McDonald Survey A-873, A. Byerly Survey A-1458, I. Hembrie Survey A-594, Wm. Neill Survey A-970, W. Smith Survey A-1188, A. Madden Survey A- 851, T. Tobey Survey A-1285, W. Wilburn Survey A-1419, D Davis Survey A-356, W. Davis Survey A-377, J. Scott Survey A-1222, Myers and Johnson Survey A-1699, G. Barb Survey A-208, W. Bryan Survey A-148, S. Huizar Survey A-514, and being more particularly described as follows; COMMENCING at the centerline of the south end of the City of Denton Municipal Airport runway as it exists on July 13, 1993, being located in W. Neill Survey A-970; THENCE south 0° 20' 52" west a distance of 1500.0 feet; THENCE south 89° 39' 08" east a distance of 1500 feet to the Point of Beginning, in the Wm. Neill Survey A-970; THENCE north 0° 20' S2" east crossing the most northerly north line of said Wm. Neill Survey, same being the south line of the T. Toby Survey A-1285, continuing and crossing the north line of said T. Toby Survey, same being the south line of the J. Scott Survey A. 1222 and continuing a total distance of 8500.0 feet to a point for corner; THENCE north 20° 41' 23" west crossing the north line of said Scott Survey also being Jim Christal Road and the south line of the W. Bryan Survey A-148, continuing a total distance of 4,178.52 feet to a point near the west line of the W. Bryan Survey and the east line of the G. Barb Survey, A-208 for comer; THENCE north 60° 24' 12" west crossing the west line of said Barb Survey, same being the east line of the Myers-Johnson Survey A-1699, continuing and crossing the north line of said Myers-Johnson Survey, same being the south line of said Barb Survey, continuing and crossing the north line of said Barb Survey, continuing a total distance of 2865.31 feet to a point for a corner; THENCE south 40° 09' 12" west crossing the north line of said Barb Survey, same being the south line of the S. Huizar Survey A-514, continuing a total distance of 2343.07 feet to a point for a comer; THENCE south 0' 20' 52" west crossing the south line of the Myers-Johnson Survey, same being the north line of the W. Davis Survey A•377, continuing and crossing the south line of the W. Davis Survey, same being the north line of the D. Davis Survey A-356, continuing and crossing the south line of the D. Davis Survey, same being the north line of the A. Madden Survey A-851, continuing and crossing the south line of the A. Madden Survey, same being the north line of the J. McDonald Survey A-873, continuing a total distance of 12,500 feet to a point for a comer; 8 THENCE south 310 39' 28" east crossing the south tine of the J. McDonald Survey, same being the north line of the J. Kjelberg Survey A•1610, continuing and crossing the south tine of the J. Kjelberg Survey, same being F. M, 2499 and the north line of the M. Paine Survey A•1036, continuing and crossing the east tine of the M. Paine Survey same being the west line of the G. West Survey A•1393, and continuing a total distance of 6603.79 feet to a point for a comer; THENCE south 89° 39'W" east a distance of 1000.0 feet to a point for a corner; THENCE north 9° 39' 28" east crossing the north line of the G. West Survey, same being P.M. 2499, and the south line of the A. Byerly Survey A•1458, continuing and crossing the north line of the A. Byerly Survey, same being the south line of the 1. Hembrie Survey A•594, continuing and crossing the north line of the 1. Hembrie Survey same being the south line of the W. Neil Survey A•970, continuing a total distance of 6181,42 feet to the Point of Beginning and containing 2031.11 acres of land. 9 i APPENDIX "C' ,PJo.._.~ c7`~-- - NOISE MITIGATION STaND R q F'~~'~'--,'t,,R,,,,.~ G tF 06 7 3 g~o The following standards are intended to provide for the insulation of the interior of buildings to an Ldn 45 or less from outside noise levels over lAn 65. The standards shall be applied to construction of new residential or noise-sensitive commercial uses, and for reconstruction or remodeling, to existing buildings of the types mentioned above when the value of the improvement exceeds 50 percent of the value of the existing structures. The standards, however, shall apply to any addition to an existing residential or noise sensitive commercial structure. Where noise-sensitive activities are carried on in only a portion of new or reconstructed commercial buildings, only those areas judged noise-sensitive need be protected. REQUIREMENTS FOR NOISE MITIGATION A. General 1. Brick veneer, masonry blocks, or stucco exterior walls shall be constructed airtight. All joints shall be grouted or caulked airtight. 2. At the penetration of exterior walls by pipes, ducts, or conduits, the space between the wall and pipes, ducts, or conduits shall be caulked or filled with mortar. 3. Window and/or through-the-wall HVAC type units shall not be used. 4. Operational, vented fireplaces shall not be used. 5. AN sleeping spaces shall be provided with a sound-absorbing ceiling and carpeted floor. 6. Through-the-wall/door mailboxes shall not be used. B. Exterior Walls 1. Masonry walls having a surface weight of at least 40 pounds per square foot do not require a furred interior wall. In areas over 70 Ldn, masonry walls having a surface weight of at least 75 pounds per square foot do not require a furred interior wall. At least one surface of concrete block wall shall be plastered or painted with heavy "bridging" paint. 2. Stud walls shall be at least four inches in nominal depth and shall be firdshed on the outside with siding on sheathing, stucco, or brick veneer. a. Interior surface of the exterior stud walls shall be of gypsum board or plaster at least 1/2-inch thick, installed on the studs. The gypsum board 10 y or plaster may be fastened rigidly to the studs if the exterior is brick veneer or stucco. If the exterior is siding-on-sheathing, the interior gypsum board or plaster must be fastened resiliently to the studs. b. Continuous composition board, plywood, or gypsum board sheathing shall cover the exterior side of the wall studs behind wood or metal siding. The sheathing and facing shall weigh at least four pounds per square foot. c. All edges of the sheathing shall be sealed with resilient caulking. d. Insulation material at least two inches thick shall be installed continuously throughout the cavity space behind the exterior sheathing andtween wall studs. Insulation shall be glass fiber or mineral ~0~¢0(3L..L ~5~..~: A~~;: sl lug C. Windows j~q C9'►~73 y. 1. Glass of double-glazed windows shall be used and at least 1/8-inch thick. 2. Double-glazed windows shall employ fixed sash or efficiently weatherstripped operable sash. The sash shall be rigid and weatherstripped with material that is compressed airtight when the window is closed. 3. Glass of fixed-sash windows shall be sealed in an airtight manner with a nonhardening sealant, or a soft elastomedc gasket or glazing tape. 4. The perimeter of the window frame shall be sealed airtight to the exterior wall construction with a resilient sealant. 5. The total area of glass of both windows and exterior doors in sleeping spaces shall not, exceed 20 percent of the floor area. D. Doors 1. All exterior side-hinged doors shall be solid-core wood or insulated or hollow metal at least 1.75 inches thick and shall be fully weatherstripped. 2. The glass of double-glazed sliding doors shall be at least 3/16 of an inch thick and separated by a minimum 1/2-inch airspace. The frame shall be provided with an efficiently airtight weathers tripping material. 3. The perimeter of door frames shall be sealed airtight to the exterior wall construction. 4. Glass in doors shall be set and sealed in an airtight nonhardening sealant, or a soft elastometic gasket or glazing tape. E. Roofs 1. With an attic or rafter space at least six inches deep, and with a ceiling below, 11 s the roof shall consist of 1/2-inch composition board, plywood, or gypswn board sheathing topped by roofing as required. 2. If the underside of the roof is exposed, or if the attic or raf than ter space is less six inches, the roof construction shall have a surface weight of at least six pounds per square foot, except that, in areas over 70 Ldn, the roof construction shall have a surface weight of at least nine pounds per square foot. Rafters, joist, or other framing may not be included in the surface weight calculation.' 3. Window or dome skylights shall be double glazed and separated b minimum 1/2-inch airspace. In areas over 70 Ldn, skylights are not 0661't~'' ; gac -o -s F. Ceilings 1. Gypsum board of plaster ceilings at least 1/2-inLh thick shall be pro d9d whe' 4 required by Section S.0(A)(S). Ceilings shall be substantially airtight, with minimum number of penetrations. 2. Glass fiber or mineral wood insulation at least six inches thick shall be provided above the ceiling between joists. G. Floors The floor of the lowest occupied rooms shall be slab on grade, below grade, or over a fully enclosed basement. All doors and window openings in the fully enclosed basement shall be tightly fitted. H. Ventilation 1. A mechanical ventilation system shall be installed that will provide the minimum afr circulation and fresh air-supply requirements for various uses in occupied rooms, without need to open any windows, doors, or other openings to the exterior. 2. Gravity vent openings in the attic shall not exceed code minimum in number and size. The openings shall be fitted with transfer ducts at least three feet in length, containing approved internal sound-absorbing duct lining. Each duct shall have a line 90-degree bend in the duct such that there is no direct line of sight from the exterior through the duct into the attic. 3. if a fan is used for forced ventilation, the attic inlet and discharge openings shall be fitted with sheet metal transfer ducts of at least 20-gauge steel, which shall be lined with one-inch thick approved duct liner, and shall be at least five. feet long with one 90-degree bend. in areas over 70 Ldn, the duct lining shall be at least 10 feet long. 4. All vent ducts connecting the interior space to the outdoors, excepting domestic range and dryer exhaust ducts, shall contain at last a 10-foot length of approved internal sound-absorbing duct lining. Each duct shall be provided with a line 12 f 90-degree bend in the duct such that there is no direct line of sight through the duct. 5. Duct lining shall be a coated glass fiber duct finer at least one-inch thick, approved and suitable for the intended use. 6. Domestic range and dryer exhaust ducts connecting the interior space to the outdoors shall contain a baffle plate across the exterior termination that allows proper ventilation. The dimensions of the baffle plate should extend at least one diameter beyond the line of sight Into the vent duct. The baffle plate shall be of the same material and thickness as the vent duct material and shall have the same free area as the vent duct. 7. Building heating units with flues or combustion air vents shall be located in a closet or room closed off from the occupied space by doors. 8. Doors between occupied space and mechanical equipment areas shall be soud- core wood or 20-gauge steel hollow metal at least 1.75 inches thick and shall be fully weatherstripped. 3 -o uS 13 4 tt-;- APPENDIX 111)" AVIGATION .A mENT AGILIwA'~ IT (MOD I IC2 WHEREAS, (full name of property owners(s)], hereinafter called the Grantors, as the owners in fee of that certain parcel of land situated in the City of Denton, more particularly described as follows: [full description of property to be covered by easement] hereinafter called "Grantors' property," and outlined on the attached map (Exhibit 1); NOW, THEREFORE, in consideration of the sum of [dollars] and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby grant, bargain, sell, and convey unto the City of Denton, hereinafter called the Grantee, its successors and assigns, for the use and benefit of the public, an easement and right of way, appurtenant to the Denton Municipal Airport, for the unobstructed passage of all aircraft, ("aircraft" being defined for the purposes of this instrument as any contrivance now flown or hereafter invented, used or designed for navigation of or flight in the air) by whomsoever owned and operated, [Select one of the following) i. in the air space above Grantors' property, above an imaginary plane rising and extending in a generally [e.g., easterly] direction over Grantors' property, said imaginary plane running fro-r approximately feet mean sea level above Point A on Exhibit I at the rate of one foot vertically for each feet horizontally to approximately........ feet mean sea level above Point B on Exhibit I, to an infinite height above said Imaginary plane, 2. in the air space Grantors' property above a mean sea level of........ feet, to an infinite height above said mean sea level of........ feet, together with the right to cause in all air space above the surface of Grantor's property such noise, vibration, fumes, dust, fuel particles, and all other effects that may be caused by the operation of aircraft landing at, or takng off from, or operating at or on said (airport]; and Grantors do hereby waive, remise, and release any right or cause of action which they may now have or which they may have in the furtue against Grantee, its successors and assigns, due to such noise, vibration, fumes, dust, and fuel particles that may cause or may have been caused by the operation of aircraft landing at, or taking off from, or operating at the Denton Municipal Airport. The easement and right-of-way hereby granted includes the continuing right in the Grantee to prevent the erection of growth upon Grantors' property of any building, structure, tree, or other object, (Use the option that concurs with the above selection] 1. Extending into the air space above the aforesaid imaginary plane, 2. Extending into the air space above said mean sea level of....... feet, 14 } and to remove from said airspace, or at the sole option and expense of the Grantee, as an alternative, to mark and light as obstruction to air navigation, any such building, structure, tree, or other object now upon, or which in the future may be upon, Grantors' property, together with the right of ingress to, egress front, and passage over Grantors' property for the above purposes. TO HAVE AND TO HOLD said easement and right of way, and all rights appertaining thereto unto the Grantee, its successors and assigns, until said [airport] shall be abandoned and shall cease to be used for public airport purposes. AND, for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said easement and right-of-way, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantor's property any building, structure, tree, or other object extending into the aforesaid prohibited airspace. And they shall not hereafter use or permit or suffer the use of Grantors' property in such a matmer as to create electrical interference with radio com ireudcation between any installation upon said airport and aircraft, or as to make it difficult for flyers to distinguish between airport lights and others, or as to Impair visibility in the vicinity of the airport, or as otherwise to endanger the landing, taking off, or maneuvering of aircraft, it being understood and agreed that the aforesaid covenant and agreements shall run with the land. (Appropriate seals and signatures should be added.) C A~e 15 f S Fy 7° 93 fI. PUBLIC HEARING The Denton Airport Advisory Board and the Denton Planning and Zoning Commission will hold a joint pubUc hearing at 5:00 pm on December 8, 1993 in the City Council Chamber, 215 East Mckinney Street, Denton, to consider and make recommendations to the Denton City Council regarding the proposed Airport Master Plan and proposed regulations for height control and compatible land use zoning in the vicinity of the Municipal Airport, The Airport Master Plan proposes to extend the existing runway from 5,000 feet to 7,500 feet and the construction of a new 10,000 feet runway lying 2,500 feet west of and parallel to the existing runway. The proposed regulations for airport height control and compatible land use zoning will apply to an area located within five (5) miles from the north and south ends of the extended and proposed new runways and one and one half miles from the centerline of the extended and proposed new runways. The proposed Airport Master Plan and recommendations for height control and compatible land use zoning may be reviewed at the Denton Municipal Airport, 5000 Airport Road, Denton (Telephone 383.7702) and at the Planning and Development Department, 215 E. Mckinney Street, Denton.(Telephene 566.8350) Harry N. Persaud, AICP Senior Planner TO BE PUBLISHED IN THE DENTON RECORD CHRONIC E SUNDAY NOVEMBER 21 ~f fbier VIC fi'r' /.•,2~~3. ~ ~ r 0 1 1 -Az xf Ml's m 1 ~ tAk 1 t 1 ' ~ 04 a 3 _ h11i~~ . u n 64 ZONE' 2 er~r~ Attachment #3 ..r. •'v MINUTES rn # el AIRPORT ZONING COMMISSIONr,.` - July 22, 1993 W or THE AIRPORT ZONING COMMISSION HELD A WORK SESSION ON THURSDAY, JULY 22, 19931 AT 5:30 P,M., IN THE CITY MANAGER'S CONFERENCE ROOM, CITY HALL, DENTON, TEXAS. PRESENT: Rick Woolfolk, Allie Miller, Richard Cooper and Ivan Glasscock. ABSENT., George Gilkeson, Melvin Willis and John Dulemba. OTHERS: Joe Thompson, Airport Manager; Harry Persaud, Planning and Development; Rick Svehla, Deputy City Manager; Mike Bucek, Assistant City Attorney and Frank Robbins, Planning and Development. 1. Discuss Comments from Public Hearing and Consider Recommendation to the C ty Council A discussion was held regarding comments received from the Public Hearing held on July 15, 1993, regarding the proposed Airport Compatible Land Use toning and Airport Height Control toning at the Denton Municipal Airport. Rick Woolfolk explained that the main issue of concern from the numerous public comments was the Airport Zoning Board's decision to make Zoning recommendations to the City Council prior to the Airport Master Plan approval. Mr. Woolfolk explained that the Master Planning Consultants for the Airport, Coffman Associates, will be making their final Master Plan presentation to the Airport Advisory Board on September S, 1993. Mr. Woolfolk suggested that following City Council approval of the Master Plan, the Airport Zoning Commission make a recommendation to the City Council to approve the proposed Airport Zoning Regulations. Mr. Woolfolk asked for comments from the Board and Staff regarding the Public Hearing, A discussion was held regarding prohibiting educational uses in the Airport Development Zone Ii, per the Public Hearing discussion on the University of North Texas Water Research Field Station. The consensus of the Board was to revise the wording of the proposed Zoning Regulations to include the use of this facility in the Development Zone, and prohibit the use and development of secondary educational facilities in gone II. Mr. Persaud added that Federal Regulations allow the development of research facilities in tone II, M1 Airport Zoning Commission July 22, 1993 Page 2 r Following general discussion, the consensus of the Board was to postpone recommending the Airport Zoning Regulations to the City Council until the acceptance of the Airport Master Plan, Ivan Glasscock made a motion to recommend that staff re-draw Zone I in order to square up property lines along the 65 Ldn curvature lines, Zone Ii boundary lines will remain the same as was discussed in the Public Hearing, for recommendation to the City Council for approval in concurrance with the acceptance of the Master Plan. Richard Cooper seconded the motion. Motion carried unanimously. With no further discussion, the Meeting was adjourned. M =CITY - -COUNC' V ~ Y f r" ♦ O•~;r C it l 0 ~QOCCCL:~C~''r"~ Agenda No. Agendatte c2 CITY OF DENTON CITY COUNCIL MINUTES Date - 3 November 2, 1993 '05f I ~0 j?fr- The Council convened into the Work Session on Tuesday, November 2, 1993 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Cott, Perry, and Miller. ABSENT: Council Member Chew I. The Council convened into the Executive Session to discuss the following: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Considered action in the matter of the application of Bolivar Water Supply Corporation for an amendment to CCN No. 11257; Docket Nos. 9824-C and 9447-C of the Public Utilities Commission. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 Council Member Chew arrived during the Executive Session. 2. The Council received a report, held a discussion and gave staff direction regarding Council procedures to consider a possible half cent sales tax election to reduce the property tax. Catherine Tuck, Administrative Assistant, stated that Dr. Bill Luker had requested that Council view a video he had made regarding the sales tax issue. Dr. Luker stated that when he was appointed to the Committee he had a general opposition to the sales tax proposal due to the increase in regressivity of an already regressive system of taxation. During the deliberations of the Committee and from the information the Committee received, he changed his mind. Reasons for the change included such factors as the sources of income for the City budget were almost equally divided among the sales tax, transfers and fees, and property tax. He felt a factor to consider was the regressive nature of the tax as everyone had to pay a base amount independent of use. He also suggested including in the proposal some effort to reduce the regressivity of the transfers such as to extend the Lifeline level to a larger amount. Tuck continued with information regarding shopper surveys at the Golden Triangle Mall, Service Merchandise and Carter's. Figures indicated that a large percent of the shoppers were from outside Denton. City of Denton city Council Minutes November 2, 1993 S Page 2 kd61valtBI City Manager Harrell stated that an advantage of the sales tax was that it would make the base much larger for those who would contribute towards City services. Tuck stated that staff was requesting direction from Council regarding the possibility of calling an election for this issue. Sixty days were required for Justice Department preclearance for such an election and staff was needing information regarding number of polling places and type of ballot. Council Member Chew stated that he was in favor of Option IV which would have four polling places with punch card ballots. He felt this option would provide the greatest opportunity for voters to go to the polls and was worth the extra dollar amount. Council Memb-ir Brock stated that she had received calls from neighbors on where to vote on the constitutional amendments for today's election. She felt this illustrated the confusion regarding where to vote and who was running the election. The more confusion there was regarding an election, the less participation from voters. As the council members were elected at four polling .laces and as this would be a city issue, she felt it would be appropriate to have the election at those same four places. One polling place at Civic Center would reduce participation. Council Member Perry agreed with council Members Chew and Brock. Not everyone was mobile and there was a need to have the polling places as accessible as possible. Council Member Cott questioned why the District Four polling place was not at the Southmount Baptist Church. City Manager Harrell stated that traditionally the city polling place for District Four was Denia Recreation center. Last year the polling place was changed due to the combined city/county election and the County !iad requested that the polling place be at Southmount. Council Member Cott felt that there were really two districts in that area and suggesting using both polling places. City Manager Harrell stated that the City had never had two polling places per district and it would have to be a council policy decision to do so. Mayor Pro Tem Smith stated that the District 2 polling place was on Sherman Drive which was not in the middle of the district but she would not consider splitting her district with two polling places. city of Denton city council minutes qE November 2, 1993 Page 3 Council Member Brock felt that Qb g c~3f~~• election needed to continue with what the ell twas ors were accustomed to doing. Consensus of the council was to proceed with option four if an election were called. Bob Nelson, Executive Director for Utilities, stated that Council had requested staff to explore possible subsidy options from the electric utility to offset the proposed sales tax impact on low residents. income Two additional eduction in rates o fur developed who used provide small amounts of electricity or design additional conservation programs targeted to reduce the energy use of low income residents. Currently 700 s M per month during thes omers not using over residential for customers summer months. Council Member Chew stated :hat he was in favor of option I as it would help the most individuals. Mayor Pro Tam smith agreed with option I as it would be a more instantly realized savings than perhaps the ceiling fan option with the conservation programs. It would be easier for the general public to understand. Council Member Miller stated that he was not comfortable looking at the sales t connection with this examples of how the increased sales tax would effect various income levels. He was not convinced that the additional sales tax was regressive and the council should not try to trade off this issue with the sales tax issue. Council Member Chew stated that he had a problem with the numbers agenda back-up as he did the Member numbers Miller- e derived. cited kno Cou Council no Council Member Perry stated that a renter would be paying approximately $6 more in sales tax while the landlord would have a 201 reduction r issue while the renter landlord wood have would uchmmore profit off of this to pay than the landlord. Council Member Miller stated that that could be true for anyone who rented. There might be a small number of individuals effected negative, ly with this o issue the sales but he tax issue. want to make this issue utilities a Council Member Cott stated that he was bothered by the fact that the Council had spent 7-8 months budgeting and if this was going to City of Denton City Council Minutes, i~'_' t1? ~'-5! S November 2, 1993 Alt 'J .:115; "Z Page 4 be an important part of the Council's thinking, it should have been part. of the budget. Council Member Chew stated that this would be for the next year's budget. He felt it was important to look at the individuals who needed help and this would be imposing an additional tax for those individuals. The council needed to make provisions for those individuals in the next !iudget. City Manager Harrell stated that if the Council decided to call an election for the half cent sales tax proposal, it might want to pass a resolution setting ground rules ii, connection with the sales tax proposal. One guideline could be an examination of adjusting the Lifeline rate in the next year's budget. The resolution might also include a recommendation that the study committee follow the example of the 091 Committee to report on what had happened with the sales tax. He felt this would help the voters unders`.tnd that there would be a group watching the progression of this issue. Mayor Castleberry stated that many of the low income individuals were in the Housing Authority program and would not be affected with their rent. There would not be rent increases as result of a property tax decrease. Council Member Perry stated that he had some reservations regarding the issue. He felt that this issue would set in motion a coalition which would want to hold the levels of the ad valorem taxes down. Council Member Miller felt a similar committee as the 191 committee was important. Council Member Chew stated that he hoped the council would come to a consensus regarding the low income individuals and that a resolution as suggested would be appropriate. 3. The council received a report, held a discussion and gave staff direction regarding casting votes for a candidate or candidates to serve on the Denton Central Appraisal District. Due to a time constraint, this item was considered during the Regular Meeting. 4. The Council received a report and held a discussion regarding a proposed ordinance amending Chapter 2 of the Code of Ordinances relating to "Administration" by revising Article III entitled "Boards, Commissions and Committeus" by amending Section 2-65 entitled "Term of Office". Due to a time constraint, this item was considered during the Regular Meeting. City of Denton City Council Minutes ~'tlo November 2, 1993 q~ Page 5 ~Jq, ~ ~ 3d~~'• 5. The Council received a report and held a discussion regarding the Solid Waste Master Plan. Due to a time constraint, this item was considered during the Regular Session. The Council convened into the Regular Meeting on Tuesday, November 2, 1993 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Smithl Council Members Brock, Chew, Cott, Perry, and Miller. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council consider approval of the minutes of the Special Call Session of October 12, 1993. Perry motioned, Smith saconded to approve the minutes as presented. on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented a proclamation for Nurse Practitioner Week. 3. The Council received and opened bids regarding the City of Denton Certificates of Obligation, Series 1993-A. John McGrane, Executive Director for Finance, stated that Co+:ncil would be considering an ordinance later in the meeting which would award the bids. The bonds would be used for improvements to city facilities and for landfill/engineering services. Frank Medanich, First Southwest Company, stated that there were 7 proposals for the bids. The following were the bids with the effective net interest rates: Prudential Bache - 5.16381 A.G. Edwards and Sons, Inc. - 5.1075; Merrill Lynch - 5.2319; Kemper Securities - 5.20440; LaSalle National Bank of Chicago - 5.2523; First Southwest Company - 5.098944; Paine Webber - 5.1693. He would check the bids and return with a recommendation. City of Denton city council minutes Ab, .'S ~Y 31 November 2, 1993 Page 6 4. Consent Agenda Perry motioned, Chew seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orderst 1. Bid 11552 - Hot Mix 5. ordinances A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contr-sct for purchase of materials, equipment, supplies or services. (3.A.1. - Bid 11552) The following ordinance was considered: No. 93-202 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWAN.DING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES= PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR= AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith seconded to adopt the ordinance. on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor rastloberry "aye". Motion carried unanimously. B. The council considered adoption of an ordinance authorizing the issuance, sale and delivery of City of Denton Certificates of Obligation, Series 1993-A, and approving and authorizing instruments and procedures relating thereto. This item was passed until later in the meeting. C. The Council consiec red adoption of an ordinance prohibiting the parking of vehicles on both sides of Grace Temple Avenue, from its intersection with Fulton Street to its intersection with Ponder street. Rick Svehla, Deputy City Manager, stated that the recommendation from the Traffic Safety Commissioi was to approve the request of Grace Temple Baptist Church. This street was very narrow and parking on both sides of the street made traffic movement very difficult. The following ordinance was considered: i Nhllr 61aCity of Denton City Council Minutes November 2, 1993 Page 7 No. 93-204 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PAkKING OF VEHICLES ON THE BOTH SIDES OF GRACE TEMPLE AVENUE, FROM ITS INTERSECTION WITH FULTON STREET TO ITS INTERSECTION WITH PONDER STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PE:!ALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) 1 AND DECLARING AN EFFECTIVE DATE. Brock motioned, Smith seconded to adopt the ordinance. on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance designating and establishing a school safety speed zone on portions of Linden Street, Fulton Street and Crescent Street near the Denton High School West Campus; reducing the maximum prima facie speed limit for such portions of said streets from thirty miles per hour to twenty miles per hour during certain hours. Rick Svehla, Deputy City Manager, stated that this item had been recommended by the Traffic Safety Commission. The buses entered and left the school at different times and this request would change the times to accommodate the bus traffic. The following ordinance was considered: No. 93-205 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING AND ESTABLISHING A SCHOOL SAFETY SPEED ZONE 01; PORTIONS OF LINDEN STREET, FULTON STREET AND CRESCENT STREET NEAR THE DENTON HIGH SCHOOL WEST CAMPUS] REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SUCH PORTIONS OF SAID STREET FROM THIRTY (30) MILES PER HOUR TO TWENTY (20) MILES PER HOUR DURING CERTAIN HOURS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00)1 PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCE IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Smith motioned, Chew seconded to adopt the ordinarce, On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith Faye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance amending Section 22-28 of the Code of ordinances to provide for certain fees associated with the use of City buildings and facilities. I 1 City of Denton city council minutes November 2, 1993 Page 8 2s Rich Dlugas, Director of Parks and Recreation, stated that this fee change had been discussed during the budget presentations. The changes dealt with the seller fees which were currently assessed to individuals who sold any items on public property within the City. The fee was currently lot of the gross sales revenue received. It was felt that this was hindering the ability to rent the Civic Center and prohibited many groups from using neighborhood parks for a fundraiser It was proposed to change the fee to $S per hour for any merchandise, beverage and food sales which would occur at the Civic Center, Civic Center Park, the recreation centers, the Senior Center, North Lakes Parks, and South Lakes Park. The second part of the ordinance dealt with administrative fees and non-resident fees. It was proposed to assess a $1.50 administrative fee and a $7 non-resident fee to all individuals who participated in programs in the Parks Department. Currently the policy dealt with a sliding scale and it was felt that this scale hindered the ability to accept non-residents in programs. The following ord.tinance was considered: No. 93-206 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SEC. 22-28 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR CERTAIN FEES ASSOCIATED WITH THE USE OF CITY BUILDING AND FACILITIES; REPEALING ALL ORDINANCE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Perry seconded to adapt the ordinance. on roll vote, Brock "&yell, Cott, "aye", Miller "aye", Smith "aye", Chew "&yell, Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance calling a special election to be held on January 15, 1994, for the purpose of determining whether to adopt an additional sales and use tax of one-half of one percent to be used to reduce property tax. City Manager Harrell stated that the ordinance which would be considered by Council was the second ordinance under the backup which called for four polling places. Council decided in the Work Session to use four polling places with the punch card voting system. The location of the polling place for District Four, as was indicated in the ordinance, would be Denia Recreation Center. The proposal would call an election for January 15, 1994 for a proposition of an additional one half cent sales tax. The proceeds of that tax would be used to reduce the property tax. Based on current calculations, that would amount to a 20% drop in the City property tax rate or a reduction of 15.3 cents per $100 valuation. State law indicated that this item had to be submitted to the City of Denton City Council Minutes November 2, 1993 Page 9 voters and if a majority of voters agreed, would then go into effect October 1, 1994. Staff had been instructed to prepare a resolution addressing the need to study the electric charges in regards to the Lifeline rate for consideration for the budget of 1994. The resolution would also indicate an appropriate role of the study committee to continue with its work., Mayor Castleberry indicated that he had a Speaker Card on this item from Joe Dodd. Joe Dodd suggested that District Four polling place be at the UNT Union Building. He felt that the normal homeowner would save approximately $50-65 the first year with this proposal and that was t last week had he only guarantee with the proposal. He felt that the report from business to Denton Dfaulty enton already ihad~tax In regards to abatement zones atoncovnew er that item. Retailers, in general, did not own the buildings that they operated out of which was the same as poor people who did not own their homes. The idea of helping the retailers by lowering the thed: a in sidea property retail w that absurd. epara ed Denton that selection not t true was Denton. It was location and was such items as a half cent sales tax and the attitude of the City. Commuters were not second class citizens and students were not transients. Students would always be in Denton and for City purposes, students were permanent residents of the City. Homeowners knew that the sales tax would not delay the rise in the property tax but the sales tax would still be present after that happened. The most teoubling aspect of the issue was who would profit and that would be the landlords. It would not be so bad if the landlords lived in Denton but many did not live or buy in Denton. There was a need to pass the ordinance as the public education which would go on would make the issue not pass. The following ordinance was considered: No. 93-207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, CALLING A SPECIAL ELECTION TO BE HELD ON JANUARY 15, 1994, FOR THE PURPOSE OF DETERMINING WHETHER TO ADOPT AN ADDITIONAL SALES AND USE TAX OF ONE-HALF OF ONE PERCENT TO BE USED TO REDUCE PROPERTY TAX; DESIGNATING VOTING PLACES AND AUTHORIZING THE APPOINTMENT OF ELECTION OFFICIALS; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT THE PUNCH CARD VOTING SYSTEM BE USED) AND PROVIDING FOR AN EFFECTIVE DATE, Miller motioned, Cott seconded to adopt the ordinance designating four polling places and the use of punch card ballots. City of Denton city council Minutes November 2, 1993 A° " f ~.~L;...,•~1,.,.,~..,~ Page 10 p ~o 3S"'x2p. Mayor Pro Tern Smith stated that the committee appointed by the Council to study the issue was made up of citizens of Denton in varied professions. They were all in favor to recommend to Council to call the election with the exception of one individual. The council had an obligation to the community to call the election and let the citizens decide which direction to take as to whether to adopt the sales tax increase. Area citizens had lower ad valorem taxes than Denton and this proposal should help Denton with economic development. Council Member Chew stated that he agreed with the recommendations from the committee members regarding the Lifeline procedures. He felt those recommendations would help relieve the burden the additional sales tax would impose on approximately 2,000 of the City's residents. There was a need to reduce property tax but it must be equitable for all citizens. Council Member Miller stated that Council did not have to raise this issue and that it would be a trade of dollars. Council had heard from citizens that ad valorem taxes were too high and needed some relief. State law would allow the city to submit to the voters whether or not to increase the sales tax and reduce property tax by the same amount. The Council was not approving a sales tax increase, they were letting the voters decide whether to increase it. The ultimate choice rested with the voters. There was nothing implied that this would be against students. He agreed with the resolution in conjunction with the Lifeline rate. He did not feel that this would be a regressive tax. Over the years taxes would go up but the tax rate would be 20% lower than it otherwise would have been. Council Member Perry stated that the longer he studied the issue, the more he was persuaded that it was not equitable and that it did not fall evenly on all citizens. He objected to the argument that ad valorem taxes were less stable than the sales tax and did not feel that the data presented clearly established that. He felt that it was important to keep in the minds of the voters that ad valorem taxes were an essential part of the system of taxation and should not be cast in a negative manner. They were quite stable and in the long run would increase in value. He would agree with a resolution, if council decided to call the election, for those who needed relief. He did not agree with establishing a permanent group to monitor the ad valorem taxes as the citizens of Denton would monitor the issue on the grounds of inequity and on grounds of ji,pardizing the positive aspect of the ad valorem tax, he would oppov,e the ordinance. Council Member Cott stated that Denton had a certain quality of life and there was a cost associated with that quality. Denton did not have the private tax base and the public tax base to continue 4 City of Denton City Council Minutes'.'., 0 S Novamber 2, 1993 Page 11 to spend the dollars on what the City wanted. He had spoken to many individuals regarding this issue. He felt that the citizens needed to be more involved in the process as a community. There was a need for more private industry in the community as that was where the tax base came from which Denton did not now have. His district had indicated to him to put the issue on the ballot. Council Member Brock stated that she was concerned about how high Denton's property tax rate was compared to surrounding communities as Denton had so much tax exempt property in the city. She was concerned for economic development and how to attract compatible economic development for the City. As the process began, she was not sure this was the way to proceed. She had since changed her mind regarding the issue partly from the recommendation of the Committee, from the reports of others who had already passed the increased sales tax, and from conversations with others on the issue. Over the years, the sales tax had been more stable than the property tax. She felt that the older citizen who was a long time homeowner in Denton would benefit from this proposal. These people did have some choice over sales tax but did not have a choice over ad valorem taxes. Shifting even a small burden of the property tax would give the taxpayer a certain amount of discretion on how much tax would be paid, in regards to Mr. Dodd's point regarding the absentee landlords, especially corporations who would receive a windfall if the issue passed, she hoped that the lower ad valorem tax rate would be an incentive to develop vacant land in Denton. This was an issue which needed to be looked at and to give the public a chance to vote on. Mayor Castleberry stated that since this was a State law which was available, it should be offered to the citizens and there was an obligation to offer to the citizens. He felt it would help Denton a great deal. on roll vote of the main motion to pass the ordinance, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. The council considered item 5.B. B. The Council considered adoption of an ordinance authorizing the issuance, sale and delivery of City of Denton Certificates of Obligation, Series 1993-A, and approving and authorizing instruments and procedures relating thereto. Frank Medanich, First Southwest Company, stated that he had checked the bids and determined that the numbers were correct. First Southwest Company was the best bid received and recommended that Council accept that bid. City of Denton City Council Minutes November 2, 1991 V r, J S Page 12 ~i : w is i' 7r,...:+[•....S,S-.:.•.,-.. The following ordinance was consideredi No. 93-202 ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND Di.'4IVERY OF CITY APPROVINGNAND AUTHORI INGO NSTRUMENTSOAND PROCEDURES RELATING THERETO. Perry motioned, Chew seconded to adopt the ordinance, Council Member Brock asked if the Council was required by law to take the lowest bid if it was a reasonably sound company. Ted Brizzolara, Bond Counsel, replied yes that the Council would have to take the lowest bid, on roll vote, Brock "aye", Cott, "nay", Miller "aye", Smith "aye", Chew "aye", Perry aye , and Mayor Castleberry "aye", Motion carried with a 6-1 vote. Council Member Cott stated that he continued to object to the extensive use of certificotes of obligation versus general obligation bonds for financing city business. 6. Resolutions A. The Council considered approval of a resolution casting City of Denton votes for candidates to the Board of Directors of the Denton Central Appraisal District. Council Member Brock left the meeting with a potential conflict of interest. John McGrane, Executive Director for Finance, stated that the resolution would provide three options for Council, The City had 599 votes to cast for the vacant position on the Board. The options included voting for no candidate, cast all votes for one candidate or dividing the votes as Council saw fit. Twelve nominees had been submitted for the position. In discussions with various school administrators and with the City of Lewisville, there had been a discussion and a suggestion to try to get as many current board members back as possible. Council Member Cott asked who had submitted Mr. Thornton's name. McGrane replied the City of Denton and the City of Sanger. The following resolution was consideredi 0 City of Denton city council Minutes November 2, 1993 tic, Page 13 13 0 3 d,,A-p No. R93-067 A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Cott motioned to cast 200 votes for Brock, 199 votes for Beck and 199 votes for Thornton. McGrane stated that at the School District meeting it was felt that the number of votes required to elect a member to the Board would be approximately 850. The County had the most votes and had nominated two candidates - Mary Horn and Chris Miles. If other votes were split it might not be enough to elect one individual. The motion died for lack of a second. Chew motioned, Smith seconded to cast all votes for Brock. on roll vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Brock returned to the meeting. B. The Council considered approval of a resolution appointing members to the Board of Directors of the Denton Retirement and Nursing Center Finance Authority. John McGrane, Executive Director for Finance, stated that this authority was one of the authorities used to issue tax exempt bonds. The officers were appointed for six year terms and this resolution would extend the terms for another 6 years. The following resolution was considereds No. R93-068 A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE DENTON RETIREMENT AND NURSING CENTER FINANCE AUTHORITY; AND DECLARING AN EFFECTIVE DATE. Perry motioned, Smith seconded to reappoint Harrell, Svehla, and McGrane. On roll vote, 5rock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The council considered approval of a resolution authorizing an application for a grant to participate in the National Tree Planting Program; committing local matching funds and in-kind services to match the amount of the grant. City of Denton city council Minutes November 2, 1993 Page 14 AV rip. Bob Tickner, Superintendent of Parks, stated that this resolution would allow the city to continue with the gran_ process to participate in this program, It would allow the city to plant up to 713 trees this year. The program was administered through the Texas Forest service from the Small Business Administration's Tree Planting Program. The City had participated in the program for the past two years. Council Member Cott asked if this was in the budget. Tickner replied that it was not in the Parks general operating budget. The local share would be from three different sources. One was the electric utilities tree power program which would provide $3,000. The Parks division beautification would provide $1,000 of donated dollars plus the city had an obligation to care for the trees which were in-kind services, Council Member Cott stated that the $4,000 was not in the budget. He suggested that if the City were to continue with this type of program that it needed to be in the budget. This was one of the causes why taxes went up. stated particular contract was not which this item came from were in the budget. Part of the funding was donations and part was dollars from recycling. City Manager Harrell stated that the item was not budgeted in the general fund where most of the park expenditures were from. But the funds were in the budget. The Council was voting to receive federal funding through the State in the amount of $10,000 which would be matched with $4,000 of cash plus some in-kind services. The $4,000 local match, although not in the general fund, was in the electric budget which was approved by the Council for the Tree Power Program and $i,000 was in the special fund received from outside donations. Council Member Cott felt that it was important to remember that grants require something such as cash or in-kind services and that needed to be put in the budget, The following resolution was considered: No. R93-069 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTONp TEXAS, AUTHORIZING AN APPLICATION FOR A GRANT TO PARTICIPATE IN THE NATIONAL TREE PLANTING PROGRAM; COMMITTING LOCAL MATCHING FUNDS AND IN-KIND SERVICES TO MATCH THE AMOUNT OF THE GRANT; AND PROVIDING FOR AN EFFECTIVE DATE. x 33~,~~ City of of Denton City Council Minutes $ - November Z, 1993 Page 15 - it d A2 4-2 Chew motioned, Perry seconded to approve the resolution. Council Member Brock stated that if the Council did not accept the federal and state funding, it would not change any part of the budget. It would not lower the tax rate and would not change staff in any way. on roll vote, Brock "aye", Cott, "nay", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. D. The council considered approval of a resolution regarding an agreement with SPAN for the sale of fuel. Council Member Chew left with potential conflict of interest. Catherine Tuck, Administrative Assistant, stated that this agreement was between the City and SPAN for the sale of fuel. It was a similar agreement to the one passed with the County. It provided SPAN an opportunity to purchase fuel from the City, pay the up-charge as the County and City did and receive the benefit of a lower fuel purchasing cost. It was estimated that this proposal would save $5,000 for SPAN. The following resolution was considered: No. R93-070 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING AN AGRFEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS (SPAN) FOR THE CITY TO PROVIDE ACCESS TO ITS FUEL FACILITY AND PROVIDE SPAN WITH FUEL; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", ;filler "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. The Council considered nominations and/or appointments to the Electrical Code Board, the Keep Denton Beautiful Board, the Juvenile Diversion Task Force and the 091 Committee. Council Member Chew returned to the meeting. Council Member Perry indicated that he was not ready for his nomination to the Keep Denton Beautiful Board. Council Member Chew indicated that he was not ready for his nomination to the Electrical Code Board. City of Denton City Council Minutes November 2, 1993 Page 16 Y-S- /:..y p3 /G _3,?P+ o Mayor Castleberry indicated that Birdell Carstarphen had been nominated at a prior meeting to the Juvenile Diversion Task Force. On roll vote on that nomination, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry asked for nominations for the '91 Committee. Miller motioned, Chew seconded to appoint Hugh Ayer to the 191 Committee and to appoint Roberta Donsback as chair. Council Member Cott asked for two separate motions. Miller motioned, Chew seconded to nominate Hugh Ayer to the 191 Committee. On roll vote, Brock "aye", Cott, "nay", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. Miller motioned, Chew seconded to appoint Roberta Donsback as chair of the 191 Committee. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. a. Vision for Denton Update Council Member Miller stated that the kick-off meeting for the project was held on Sunday, October 24 with approximately 350 people in attendance. The discussion groups produced an overwhelming amount of input. The Project Cabinet would take that information received and use it to determine the impact groups. There would be approximately 5-7 focus groups. He stated that the project wanted to again solicit participation of all citizens in community to work on the project. This would be a working program and not one which would not accomplish anything. There would be a Vision Room in the Denton Municipal Complex where the impact groups would meet and have a display of what would be developing over the next few years. Council Member Brock stated that there would be many ways for citizens to participate in the process. 9. Miscellaneous matters from the City Manager. The council considered the work session items not discussed earlier in the meeting. 3. The Council received a report, held a discussion and gave staff direction regarding casting votes for a candidate or candidates to nerve on the Denton Central Appraisal District. ■ City of Denton City Council Minutes r November 2, 1993 Page 17 • City Manager Harrell indicated that this item had been discussed under the Resolutions section. 4. The Council received a report and held a discussion regarding a proposed ordinance amending Chapter 2 of the Code of ordinances relating to "Administration" by revising Article III entitled "Boards, Commissions and Committees" by amending Section 2-65 entitled "Term of office". Debra Drayovitch, City Attorney, stated that this proposed ordinance had been prepared at the request of Council and provided for two different blanks to complete. The ordinance would provide that no board/commission member would be eligible to that board or any City board depending on Council's desire, before the lapse of a waiting period. Council Member Miller stated that he understood that the reappoint was to the same board/commission and not to any board/commission. He suggested the time period be for one year and that an individual could not be reappointed to the same board/commission. Council Member Brock stated that she would prefer a one year time period. Mayor Pro Tem Smith agreed with the one year time period. She felt it would be best to not reappoint after three terms in order to provide an opportunity for other citizens to serve on boards/commissions. If an individual moved from one board to another, it would defeat that purpose. She felt it would be better not to reappoint an individual for at least one year which would open opportunities for others to participate in the process. Council Member Brock felt some board/commission appointments were not always equal appointments. She felt that the council was trying to avoid having one individual entrenched in one particular area. There were instances where an individual had been valuable for a board and developed into a leader which would be beneficial for another board. Council Member Perry felt that the spirit of the original ordinance was to provide for the steady rotation of people on and off boards. He would like the Council to consider not appointing people to any board/commission for a year time period and to keep that original intent. Council Member Miller stated that the reason for this amendment was due to a specific situation. At the time the ordinance was changed limiting terms, the procedure allowed for the appointment from one board to another. He felt it would be changing the original spirit i City of Denton City Council Minutes November 2, 1993 Page 18 of the ordinance. He felt that there were times when there was a need to appoint individuals to another board. Council Member Chew stated that there might be individuals on boards which the council might want to place in other areas due to the contributions they had made on another board. Mayor Castleberry suggested that staff prepare two ordinances with a one year time period and variations regarding reappoint to other boards, 5. The Council received a report and held a discussion regarding the Solid Waste Master Plan. Bill Angelo, Director of Community Services, stated that the agenda materials contained a report which detailed the solid waste plan for the City. The Public Utilities Board had considered the scope of services for the completion of the plan for the solid waste master plan and the associated costs. The Board decided that the completion of the project could be accomplished by City staff assisted by a staff-chaired advisory committee. The Board felt that one member of the Public Utilities Board should be a member of the committee and that the membership of the Denton Area Solid Waste Technical Committee should be used for the new committee. That issue had been discussed with the Technical Committee which supported the Board's position. The Technical Committee expressed a concern that they be formally recognized by the Council as a committee and be charged with a specific task. They also expressed concern that the group was not really representative of the community as most were experts in one way or another in the field of solid waste. However, they were also concerned that new membership might slow down the process. The Committee was ready to begin work as soon as Council proceeded with the Board's recommendation. It was recommended to appoint members who were representative of the community who were experienced in this area and suggested that perhaps some appoints come from the Solid Waste Advisory Committee. The Technical Committee was also concerned that the Subchapter 0 requirements of the Texas Municipal Solid Waste Regulations, which were not in effect at this tine, needed to be complied with in this endeavor. They were concerned that the City would complete a plan and then the State would enforce the regulations requiring a local planning process. The Committee expressed concern about having an individual to write the results of the Committee and requested funding for an intern. Thers were no funds budgeted for that position in the operating budget but might be able to do so with the certificates of obligation for the engineering services. originally it was anticipated that $70,000 would be spent in the completion of the master plan. Under this approach, it could be done for less than $50,000. There were some pieces of the project which would still need to be done outside I! E City of Denton City Council Minutes p November 2, 1993 # Page 19 such as developing hard cost estimates for the materials recovery facility. Council Member Cott suggested including a trucking consultant on the committee. Council Member Miller asked if there were recommendations as to the size of the task force. Angelo replied that there was no decision on the size of committee at this time. Council Member Miller felt it would be good to broaden the committee but needed a recommendation of a workable size. with $70,000 for engineering services, the intern could be used with those dollars. City Manager Harrell stated that there was a need to prepare a solid waste master plan and the City needed to get on with the process. If Council felt comfortable utilizing the citizen committee made up of the core groups as described and recommended by the Public Utilities Board, one approach would be to refer this back to the Public Utilities Board to complete the committee and provide recommendations for Council approval. Consensus of the Council was to ask the Public Utilities Board to work out the details of the committee for Council cons'deration. Council Member Miller suggested including someone who would add a regional aspect to the issue. City Manager Harrell continued with Miscellanecus Matters from the City Manager. A. It appeared that there would not be a need for a meeting next week unless a legal matter required such. B. The Dire-tor of the Library had proposed a brochure to solicit funds for books and furniture for the new branch library. She was ready to proceed with that project if there were no Council objections. Consensus of the Council was to proceed. C. Regarding the role of the Sales Tax Advisory Committee, a potential role would be to ask the Committee to take the lead regarding the education process of the proposal. Consensus of the Council was to proceed as suggested. a fib;! City of Denton City Council Minutes November 2, 1993 Page 20 p~~a 10. There was no official action taken on Executive Session items discussed during the Work Session. 11. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Brock asked if the council would be interested in considering a resolution regarding NAFTA. After discussion, the consensus of the Council was to not consider such a resolution; B. Council Member Brock suggested considering expanding the television coverage of the council meetings and other areas to be included with the public access channel including televising the work sessions or perhaps the Planning and Zoning commission meetings. 12. There was no Executive Session held during the Regular Session. With no further business, the meeting was adjourned at 8:55 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCO0179 CITY OF DENTON CITY COUNCIL MINUTES P~• 7 November 16, 1993 V The Council convened into the Work Session of the City of Denton City Council on Tuesday, November 16, 1993 at 5:15 p.m. PRESENT: Mayor Castleberry; Mayor Pro Tem. Smith; Council Members Brock, Chew, Cott, Perry, and Miller. ABSENT: None 1. The Council convened into the Executive session to discuss the following: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Considered action in Snort v. City. 2. considered action in the matter of the application of Bolivar Water Supply Corporation for an amendment to CCN No. 11257; Docket Nos. 9824-C and 9447-C of the Public Utilities Commission. 3. Considered settlement in Roebuck v City of Denton. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Discussion regarding the hiring of a Second Assistant Municipal Judge. 2. The Council received a report and held a discussion regarding ADA requirements for public transportation and gave staff direction. Due to a time constraint, this item was considered during the Regular Session under Miscellaneous Matters from the City Manager. 3. The Council received a report and held a discussion regarding an interim power supply study. Due to a time constraint, this item was considered during the Regular Session under Miscellaneous Matters from the City Manager. The Council convened into the Regular Meeting on Tuesday, November 16, 1993 at 7:00 p.m. PRESENTi Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Chew, Cott, Perry, and Miller. ABSENT: None 4 City of Denton city council Minutes November 16, 1993 Page 2 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The council considered approval of the minutes of the Joint Meeting of October 200 1993 and the Special Call Session of October 26, 1993. Perry motioned, Brock seconded to approve the minutes. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry received a presentation from the Church of Jesus Christ of the Latter Day Saints for Family Week. 3. Citizen Reports A. The Council received a citizen report from Dona:.d Cox regarding the COPS Program on the west side of Denton. Mr. Cox was not present at the meeting. B. The Council received a citizen report from Bob Stalder regarding the insurance policy as it related to smokers and non- smokers. Mr. Stalder stated that he had some concerns about the proposed insurance and wellness programs for the City employees. He questioned what criteria was used for the selection process for the insurance program. The request for bids listed one set of criteria while a memo from the City Manager to the Council had a different set of criteria. There was no mention in that memo of the proposed penalties on tobacco users or individuals who did not choose to participate in the City's health risk apprais6l. The request for bid for a health insurance program contained no specifics and was written more in the form of a request for proposal than a request for bid. It was his understanding that the Employee Insurance Committee was given only two health plans to consider out of the several bids submitted. Through some research he had done he had learned that Tom Klinck, Director of Human Resources, had come from Ft. Worth. When the City of Denton changed insurance to New York Life, Ft. Worth also changed. When the City of Denton charged to Palico, Ft. Worth changed to Palico also. This year it was changing to Harris Methodist. Heeaskedswhonwastreallyhdowas ing also City of Denton City Council Minutes November 16, 1993 Page 3 6 „13 ~7 387 City's insurance. He felt that the insurance should be taken from Human Resources which was the personnel section and put it with the Risk Manager. The City had hired a Rifk Manager who was qualified to do this type of work. The City als%- paid approximately $45,000 a year to Coopers and Lybrand for insurance consulting and he felt this was wasted money as the Risk Manager and Legal staff could do the work. That money could be put back into the Council had budgeted $1.5 million for insurance for the insurance. year. Harris Methodist was going to cost $1.3 million. That was approximately a $200,000 difference and he questioned where that money would be used. He suggested it could be used to help the wellness costs or for insurance premiums for retired employees. It appeared that the Wellness Committee was comprised primarily of employees who were under Betty McKean's supervision ar,d so it would be no surprise that the Committee would agree with her suggestions. The employees felt that the proposals for penalties for tobacco use and for not participating in the health risk assessment was a way for the city to save money at the expense of the employees. If the City wanted to establish a wellness program, it should be budgeted for. There were concerns from the employees that they were not informed regarding these proposals. 4. Public Hearings A. The Council held a public hearing and considered an ordinance for historic landmark zoning for the Campus Theater, 200 West Hickory. H-93-002 (The Historic Landmark Commission and the Planning and Zoning Commission recommended approval.) Jane Biles, Main Street Manager, stated that Greater Denton Arts council had petitioned for historic zoning for the Campus Theater. The property was purchased in 1990 to be used as a performing center. The Mayor opened the public hearing. Veronica Beasley stated that she was in favor of the designation. During the Arts Council capital campaign it was found that many individuals had fond memories of the location and felt that it needed to be a landmark in Denton. She requested Council approve the request for historic landmark designation. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was consideredi City of Denton City Council Minutes November 16, 1993 _7.=x Page 4 0 3T OT NO. 93-208 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 200 WEST HICKORY AS A HISTORIC LANDMARK UNDER SECTION 35-2150 ARTICLE V OF CHAPTER 35 OF THE CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF) AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "ayEll, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry 'taye't. Motion carried unanimously. B. The Council held a public hearing to receive input as to whether the Trinity Addition escrow should be called. Jerry Clark, City Engineer, stated that the site was located at the intersection of Hobson and Teasley Lane. The issue was one of development as it related to perimeter street paving. The improvements needed would include stabilization of the subgrade plus a 5" asphalt pavement according to the Subdivision Regulations. The original ordinance which addressed this issue was 83-70 and indicated that the City needed to hold a public hearing to show clear intent to improve the road within one year in the ninth year. This agreement was not in the ninth year so the Council needed to only do a consideration of the escrow. It was planned to undertake the work in December providing weather would allow. The current ordinance was part of the impact fee ordinance. The development was done in 1987. The current ordinance indicated that postponement was only if the road would be part of a cIP program and to be built within 2 years. It was recommended to call the bond and to refund the cost of curb and gutter. Staff was ready to begin the work if Council agreed to call the bond. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. City Manager Harrell stated that in this particular case, there would be no further action on the part of the Council after the closing of the public hearing. The council would not have to take any formal action because the time period was less than the 9 year period of time. staff would be proceeding automatically unless City of Denton City Council Minutes November emser 16, 1993 Page Council did not desire to do so. With the next agenda item, the time period was in the ninth year and would require formal action on the next agenda to formally consider a motion to call the bond if so desired by council. Council Member Miller stated that the bond value was $9,598 and that total cost of the project was $57,600. This indicated a much larger project. Clark replied that the street had been repaved from Highway 1830 to the bridge and was waiting for the utility relocation to be completed. C. The Council held a public hearing to receive input as to whether to the Cushman Addition escrow should be called. Jerry Clark, City Engineer, stated that the site was located at the intersection of Spencer Road and Loop 288. This was a January 6, 1984 bond with the improvement to be completed including a stabilization of the subgrade and 5" of asphalt paving. He recommended that the council consider calling the bond. The old ordinance regulations were in effect and required a 30 year escrow. This plat was in the 9th year of the escrow which required a public hearing. If Council agreed to call the bond, there would be an action item regarding the bond on the November 23rd Council meeting. Council Member Cott stated that Mrs. Cushman made a claim against the escrow on several occasions and asked if this was normal procedure. Clark replied yes that Mrs. Cushman had requested the money several times. After each request, staff had asked the Legal Department if she had grounds for that request and there were none. Council Member Miller asked about a refund to the Cushmans. Clark replied that there would be an $800 refund t, ;.ie Cushmans as no curb and gutter would to installed. The Mayor opened the publi: hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. 1 S w! 2 City of Denton City Council Minutes '_q-_- November 16, 1993 is 3k~p-r Page 6 5. Consent Agenda Mayor Pro Tem Smith stated that she had questions concerning Bid 01550 and that staff had answered them to her satisfaction. Perry motioned, Brock seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Cott 'laye", Miller "aye", Smith "aye" Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid 11550 - Janitorial 2. Bid 01551 - Distribution Transformers 3. Bid $1561 - Tree Trimming 4. Bid 11557 - Jim Christal Road Paving and Drainage 5. P.O. 032204 - Corgan Associates 6. Ordinances A. Tile Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (6.A.1. - Bid 01550, 6.A.2. - Bid 11551, 6.A.3. - Bid 01561) The following ordinance was considered: NO. 93-209 AN ORDINANCE ACCEPTING A COMPETITIVE BID AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES) PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (6.A.4. - Bid 01557) The following ordinance was considered: _ -0 1/s City of Denton city council Minutes November 16, 1993 Page 7 NO. 93-210 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Perry seconded to adopt the ordinance. on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance authorizing the Purchasing Agent to execute a purchase order with Corgan Associates, for professional services relating to geotechnical and architectural analysis at the Martin Luther King, Jr. Recreation Center. (6.A.5. - P.O. 132204) The following ordinance was considered: NO. 93-211 AN ORDINANCE AUTHORIZING THE PURCHASING AGENT TO EXECUTE A PURCHASE ORDER WITH CORGAN ASSOCIATES, FOR PROFESSIONAL SERVICES RELATING TO GEOTECHNICAL AND ARCHITECTURAL ANALYSIS AT THE MARTIN LUTHER KING RECREATIONAL CENTER; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR THE EFFECTIVE DATE. Chew motioned, Brock seconded to adopt the ordinance. on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance amending Chapter 2 of the Code of Ordinance of the City of Denton relating to "Administration" by revising Article III entitled "Boards, Commissions and Committees" by amending section 2-65 entitled "Term of office" to provide for a waiting period for reappointment. City Attorney Drayovitch stated that per Council direction, there were two ordinances for Council to consider. The first was drafted to provide that a board or commission member who had served three consecutive terms would not be eligible for reappointment to that same board or commission for a period of one year. The second ordinance provided that a board or commission member who had served three consecutive terms would not be eligible for reappointment to any board or commission for a period of one year. c^ City of Denton City Council Minutes November 16, 1993 Page 8 The following ordinance was considered: NO. 93-212 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON RELATING TO "ADMINISTRATION" BY REVISING ARTICLE III ENTITLED BOARDS, COMMISSIONS AND COMMITTEES BY AMENDING SECTION 2-65 ENTITLED "TERM OF OFFICE" TO PROVIDE FOR A WAITING PERIOD FOR REAPPOINTMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Cott seconded to adopt the ordinance which indicated that an individual who had served three consecutive terms could not serve On the same board or commission for one year. Council Member Perry felt that that ordinance more nearly represented what he had in mind when he requested an ordinance. Council Member Smith felt that there were numerous individuals who were willing to serve on the city's various boards and commissions. When the council appointed individuals again and again, it eliminated those individuals who would be pleased to participate in overnment waiti board desired because she wan ed to have anoinclusive city commission was this was one way to do it. Y government and Council Member Miller agreed that there should be an inclusive government. Out of the many appointment there were only one or two individuals swhoiwereh a Council made, ed to different board after serving three terms, Council used good judgement when making appointments, Mayor Castleberry felt that there were so many talented individuals that more should be given the opportunity to participate. He agreed with the second ordinance. Cn roll vote, Brock "aye", Cott, ++aye'l, Miller "aye", Smith "nay", Chew carried with ae5r2 vote," and Mayor Castleberry "nay". Motion E. The Council considered adoption of an ordinance approving the 1993 tax rolls. Harlan Jefferson, Director of Treasury Operations, stated that to complete the taxation process, State law required the Council to approve the tax roll. The tax roll was identical to the appraisal roll presented in August with the exception that it contained, in addition to the appraised value of all of the accounts, the taxes Council minutes City of Denton City `re November 16, 1993 C~( Page 9 due on all of the accounts. The following ordinance was considered: N0. 93-213 FOREN ONO TE S, DATE. THE 1993 AN ORDINANCES OF THE CITY OF TAX ROLLS; AND PROVIDING On roll chew motioned, Perry secon11 aYd,It Miller 'ayel Smith a"ay8"r Chew vote, Brock "aye'I cao do Mayor Castleberry "aye", Motion carried 04aye", Perry ay unanimously. 7. Resolutions resolution A. The Council considered approval of a eration authorizing the City Manager tforXshared roadway oMaintenance for ement with Denton andtDentonnCounty Roads; and repealing Resolution R93-0586 resented at an Jerry Clark, City Engineer, stated that this was presented earlier meeting. The county had amended the City's relative to Jim Christal Road, Robinson Road and t was changed few other smaller roads. One of the major issua d was Ye That wereto one be a long changed sections of a road both in the Cilinear section belonging so that there would entity or the other. The amended agreement le"eled feet areas ou ach for maintenance purposes and added 7000 linear and had been . This was a more comprehensive ag roval and adopted by the commisexcellent sioners Court. Heeratione inded th the county to fe, It it was an benefit the citizensof Denton. e of coop The following resolution was considered: NO. R93-071 A ERESOLUTION hUTHORIZING THE CITY RLOCAL COOPERATION AGREEMENT WITH DMENTON COUNTYEFOR SHARED INT ROADWAY MAINTENANCE FOR CITY OF DENTON AND DENTON COUNT ROADS; REPEALING RESOLUTION 93-058; AND PROVIDING AN EFFECTIVE DATE. ..nf • Ow~w+......r City of Denton City Council Minutes / J - 7 3 November10 16, 1993 /Ay .39 Perry motioned, Brock seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The council considered approval of a resolution expressing support of the Ad Hoc Citizens' Sales Tax Advisory committee's recommendation to adopt an additional one half of one percent sales and use tax within the City to be used to reduce the property tax rate at an election to be held on January 15, 1994, and urging all citizens to vote in this election. City Manager Harrell stated that at the Council meeting of November 2nd, Council took action to call an election for January 15, 1994 to consider whether to impose an additional one-half of 1% sales and use tax. The proceeds would be used to reduce the property tax. At the same time Council instructed staff to prepare a resolution regarding critical issues from council. The proposed resolution carried out those issues as presented by council. Section one expressed the Council's support for the work of the ad hoc sales tax advisory committee and urged the citizens to express their preference on the issue by voting. Section two dealt with the question of the Lifeline electric rate. In that section, the Council, by approving this resolution, would pledge that as part of the 1994-95 budget process, they would study and consider potential reductions to the Lifeline rate or consider other programs designed to benefit low income citizens of Denton. Section three included two tasks for the citizens advisory committee, one was to help with the citizen education process and the second was to appear publicly each year as part of the budget process to report the fact that the sales tax proceeds were being used to reduce property taxes and the amount. Council Member Cott stated that it was not his understanding that Section one would be presented as it was proposed. Section one stated that Council supported the Sales Tax Advisory Committee's recommendation for passage of the additional sales tax. What the Council did, as it was the only alternative, was to recommend that the citizens vote. The only way to do this, based on the way it was presented, was to vote for the sales tax. District Four wanted to make their own decision. He would not make the decision for them and saw no reason to present it this way. Council Member Miller stated that the wording urged citizens to vote. t ~F f City of Denton City council minutes November 16, 1993 Page 11 Council Member Cott replied that the first sentence stated that the City Council of the City of Denton expressed its support of the Sales Tax Committee recommendation for the passage of the additional sales tax. Council could support voting on the issue but not support the recommendation. Council Member Miller felt that it was appropriate for the Council to take a position on whether or not this was a good idea. He had talked with a council member from Mesquite and had learned good things which happened with their increased sales tax. He would not object to supporting the issue and to encourage citizens to vote on the issue. Council Member Brock asked for a clarification on what steps had been taken up to this point. Had the election been called and was this resolution simply urging voters to participate. City Attorney Drayovitch stated that the election had been called. The resolution did urge voters to participate and also invited the committee to serve as an education committee to inform citizens on the issue and to later to serve as a "watch dog" committee. Council Member Brock stated that the Council would also be pledging to consider reductions in the Lifeline rate. Mayor Pro Tem Smith felt that section one indicated that Council did support the recommendation of the citizens sales tax advisory committee. The Committee agreed that an election should be held and agreed that the sales tax for the reduction of ad valorem taxes was the way to go. If Council agreed with that, then the rest of the resolution expressed that the Council urged the citizens to express his or her preference by voting. Council was not telling them how to vote but were asking them to vote and were stating that Council supported the recommendation of the Committee. Council Member Perry stated that he was in favor of placing the issue before the voters. He was in favor of Section Two and was in support of Section 3A but Section 3B. needed to be eliminated. The proceeds of the tax were mandated by State law to reduce property taxes. The money went to the State and the State refunded that exact amount. Council had just passed the tax roll and knew the exact amount of ad valorem tax. The amount of the exact funds to be used and the exact amount to levy to each property owner was known. There were internal and external audits of all funds, expenditures and income. The City also had a City Manager and Finance Manager who were distinguished in the budget process, There was no need for a committee to pass on the appropriate use of that tax and suggested striking Section 3B from the resolution. e City of Denton City council Minutes_ November 16, 1993 Page 12 Council Member Chew stated that Council would be endorsing the recommendation of the Committee and would be encouraging all voters to express their opinion regarding the issue. He could support all sections of the resolution. Mayor Pro Tem Smith stated that she agreed with Council Member Chew. The Committee would report annually to the Council regarding the progress of the tax. This was not an overseer position but a way to keep communication with the citizens through a citizens group. Council Member Cott stated that District Four wanted to vote on the sales tax and that the only way to do that was for him to vote for the issue. Mayor Castleberry stated that he was in full support of the resolution. The following resolution was consideredr NO. R93-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON$ TEXAS, EXPRESSING SUPPORT OF THE AD HOC CITIZENS' SALES TAX ADVISORY CO).ZSITTEEOS RECOMMENDATION TO ADOPT AN ADDITIONAL ONE HALF OF ONE PERCENT SALES AND USE TAX WITHIN THE CITY TO BE USED TO REDUCE THE PROPERTY TAX RATE AT AN ELECTION TO BE HELD ON JANUARY 15, 1994= URGING ALL CITIZENS TO VOTE IN THIS ELECTION; AND PROVIDING AN EFFECTIVE DATE. Smith motioned, Brock seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. The Council considered nominations and/or appointment-4 to the Keep Denton Beautiful Board, the Electrical Code Board and the Juvenile Diversion Task Force. Council Member Chew nominated Herman Wesley to the Keep Denton Beautiful Board. Council Member Perry nominated Kandice Gandel to the Keep Denton Beautiful Board. Council Member Chew nominated Robert L. Hicks to the Electrical Code Board. City of Denton City Council Minutes November 16, 1993 ~L~c~Tl r _3 Page 13 Council Member Miller nominated Cindy Sill to the Juvenile Diversion Task Force. Mayor Castleberry indicated that these nominations would be voted on at the next meeting. 9. Miscellaneous matters from the City Manager. The Council returned to the Work Session items. 2. Tho council received a report and held a discussion regarding ADA requirements for public transportation and gave staff direction. Council Member Chew left the meeting with a potential conflict of interest. Catherine Tuck, Administrative Assistant, stated that currently the demand response services which served the elderly and handicapped provided complimentary paratransit services to those who qualified under ADA. The ADA requirements required complimentary paratransit services to those who qualified under ADA which might be different than a person who might be considered to have a disability. The actual law was mich stricter than Denton's interpretation. The City also provided demand response service to all citizens 60 years of age or older regardless of any disabilities. ADA requirements were complimentary paratransit service to those who would qualify and many of those currently served would not qualify. The City provided demand response service fo1 all those in the elderly and disabled categories to anywhere within the City. Council Member Cott left the meeting. 'yuck stated that ADA guidelines indicated a corridor three-quarters of a mile on either side of existing routes for those who would qualify. In I.he fare structure, the City had an elderly service which was on a donation basis. This began as a meal fare to provide service from an individual's home to a meal site. The demand had grown but the donation system had remained in effect. ADA required a half price fare for both the elderly and the disabled on the fixed route system. Currently the City exceeded ADA requirements. In the future with possible fiscal constraints and continued growth of the system, the City needed to nake sure that persons with disabilities were always provided with transportation. Proposals included (1) a public information campaign meeting with neighborhood groups and the elderly about what were ADA requirements, what currently was offered and how to use the system. This would help ease those not eligible under ADA City of Denton City Council Minutes t. November 16, 1993 Page 14 off the demand response system to the trolley system; (2) for a 6 month basis provide free rides for the elderly on the trolley which provided a temporary program for input on how to adjust from one system to another; (3) eliminate the donation based fees for elderly on the demand response system and instituting the same fare that the disabled were paying. The meal based services would continue on a no cost basis. Staff would return with data regarding the certification process to make sure all ADA guidelines had been considered. Mayor Pro Tem Smith asked if increased staff and expense would be needed to certify individuals for ADA. Tuck indicated that SPAN was working on the certification process. The forms needed to be completed by a qualified agency or physician. Based on those forms, the City would know how many individuals were qualified to be served. Council Member Perry stated that he appreciated these efforts to make the handicapped more mobile in the City and the help offered to the elderly. Council Member Miller asked if based on the certification surveys, did it seem that individuals had difficulty understanding the process. Tuck stated that the individuals with disabilities seemed to understand. The misunderstanding seemed to be with the elderly population as that was where the system began. As the process progressed, it may be that a large portion of the elderly population would qualify with ADA. Council Member Miller asked for the time frame for the certification. Tuck replied that as the City currently exceeded the guidelines, there was no deadline. If the system were left as it currently was, the demand would probably increase greatly and the system would not be able to provide adequate services. Consensus of the Council was to proceed as recommended by staff. Council Members Cott and Chew returned to the meeting. 3. The Council received a report and held a discussion regarding an interim power supply study. F i City of Denton City Council Minutes November 16, 1993 Page 15 Bob Nelson, Executive Director for Utilities, stated that earlier this year, the City had entered into a contract with Resource Management International to review the power supply requirements of the electric department. They were to look at the existing system, the forecasting, the present facilities, some of the contractual and partnership arrangements the City had, and some of the opportunities which might exist for the future, Part of the contract required an interim report to the Public Utilities Board and Council which would be presented at this meeting. John Moore, RMI, stated that his firm had provided an interim report which was part of the long range power supply study. The ten required tasks included (1) data request and review, (2) review of the load forecast, (3) review of agency and pool considerations, (4) review of the existing generation facilities, (5) prepare an interim report, (6) analyze technical feasibility of TWU cogeneration facility, (7) identify options, (8) provide an economic analysis, (9) prepare a report and (10) present results, The interim report summarized findings from the load forecast review, TMPA/TMPP considerations review, existing generating facilities review, and TWU cogeneration facility technical feasibility review. in regards to the load forecast review, it was found that past foricasts relied on trending, were representative of past methodologes and had a low cost. it was felt that siynificant economic decisions required a more sophisticated model. Future forecast recommendations included more explanatory variables, relevant economic considerations, weather normalizing, and additional historic databases. There were two ways to look at future requirements. One was to build more generation or buy more power. The second was to look at the uses presently being made of the power and address the capacity issue. The demand side management program involved programs such as voluntary load reduction, Summer Sense- A/C cycling and rate design with time of use and thermal storage programs plus an appliance rebate program. The report sugger,ted the following demand side management program recommendations: (1) review credits for voluntary load reduction; (2) formalize the commercial/industrial audit program; (3) review the air conditioning cycling program to evaluate cost benefit, devise a program to check switches and possibly add water heating to the program; (4) review the building codes (5) conduct an appliance saturation survey; and (6) expand load research, Another area looked at was power pool and sales contracts. The TMPP Pool/ Interchange Agreement's latest revision was signed in February of 1982 and included five members with a 10 year term/10 year notice provision, The TMPA Power Sales Contract was signed in September of 1976 with 4 members, had a term which wau tied to the expiration of the project debt and had four purchasing cities. Provisions of the TMPP Power Pool Interchange Agreement included ?i } "o _r s City of Denton City Council Minutes November 16, 1993 42 Page 16 6 d mutual assistance in emergencies, a coordinated operation, a sharing of reserves, an economy power/energy exchange, economic dispatch, generation/transmission planning and joint project participation. Provisions of the TMPA Power Sales Contract included a term until September 2017, all power in excess of native (1976) generation included a 10% increase over a two year period, allowed for generation from solid waste facilities, and allowed for participation in small hydro units with annual rate setting. The contract also provided for development project approval involving repair/ replacement and development work with city approval not being required. The project approval portion of the contract involved additional power generation, additional transmission, power purchase contract with city approval required. A review of the TMPA member cities for usage determined that the four cities were somewhat equally balanced. An assessment of the Spencer Station conditions indicated that the turbines were in good shape. Two of the boilers were in poor condition and the controls were pneumatic while the modern controls were electronic. The cooling towers were in poor condition and needed to be upgraded. Several Clean Air Act impacts were also studied. Title I dealt with national ambient air quality standards, Title IV dealt with acid deposition control and Title V dealt with permits. These were some environmental issues which would have an impact on the City. With air quality standards, Denton County was in a moderate non- attainment area for ozone and required a NOx Control on any new units located in Denton County and required that the LAER (lowest achievable emission rate) technology be applied. Units 4 and 5 needed LAER controls which would cost approximately $300,000 to $400,000 per boiler. Phase I of Title IV, acid deposition control, would begin in 1995. Phase II would begin in the year 2000 for units larger than 25MW, Denton requirements (on units 4 &5) would include installing continuous emissions monitoring by January 1995, a permit/plan by January 1996, be operative within the plan by January 2000 and new units would have to meet new levels. Title V, dealing with permits, had an existing source submission deadline of November 1995 and had to be submitted by a designated representative. TACB fees would be $5/ton in 1993, $25/ton in 1994 and $26/ton in 1995. The study also looked at an analysis of a TWU cogeneration plant. The previous study was reviewed and updated. The proposed project would be a joint project with TWU power and steam and surplus power to Denton. It was found that TWU's investment in the project would not have been offset by reduced power and steam costs. A cogeneration project to specifically address only TWU's requirements would not be economically feasible. Further analysis was necessary to evaluate the feasibility of a larger project. Future supply options included simple cycle combustion turbines which were gas fired, a low heat rate, short lead time, and provided a noise reduction. A combined cycle unit a r. v.~ City of Denton City Council Minutes November 16, 1993 v2.7 / j Page 17 *5 -Y G' or repowering existing units were also options plus waste-to-energy units. Council Member Miller asked if future supply options including TMPA options. Moore replied correct and that TMPA had considerations of a lignite unit as well as gas turbines. Council Member Perry asked about solar or wind projects. Moore stated that they would continue to be apprised of those strategies but to date they were not very viable options. With fusion, a long range plan was not feasible and no options which could be applied here. Council Member Miller stated that there was a solid waste study underway and was looking at refuse derived fuel. It seemed that EPA and other possible mandates might not make that a viable option. He suggested that the two studies be coordinated. Nelson replied that the environmental issues posed a problem. Staff was looking at materials recycling facility for the City. Materials would be burned in a waste-to-energy unit. 10. There was no official action taken on Executive Session items discussed during the Work Session Executive Session. 11. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Miller asked for a report on the City's policy relative to trimming trees for street work and the notification process. B. Council Member Cott asked for a reinstitution of the Vision financial statement. C. Council Member Brock stated that the Tree Board had expressed concern over the way trees were being trimmed. In conjunction with the tree trimming contract passed at the meeting, she asked if that had been discussed with the contractor and how the trees would be trimmed. r 4~ 3V0 City of Denton City Council Minutes 3S c!u November 16, 1993 Page 18 Bob Nelson, Executive Director for Utilities, stated that standard procedure was to identify the areas to be trimmed and to send a letter approximately two weeks before going into the neighborhood. Crews were sent to make personal contact with the residents before the actual trimming. The trimming was done to a two year trim which was to cut 5-6 feet from the power line. Before the trees were actually tri-omed, the crews, including the contractor crews, attended a c•!urse 'rom the County Extension Agent to learn the propdr procedure to trim the trees. D. Mayor Castleberry stated that it was time to begin the annual reviews for the three Council employees. He recommended Tuesday, Dec 14th for that review which would be the only agenda item. Consensus of the council was to proceed with that date. I E. Council Member Perry asked the City Manager to look at a date in February for the mid-year planning session. 12. There was no Executive Session held during the Regular session. With no further business, the meeting was adjourned at 9:30 p.m. Bo Cast a erry, Mayor City of Denton, Texas Jennifer Walters City Secretary City of Denton, Texas ACCO0174 I I • =CITY --COUNC: I 1 1 pill I .wrr~r I t~ ccc: 6*- ~01 p /`:~1~_r ♦ 7 1 ~ i 1 I 1 ~ a ~neetVo. -os1,~ Aper~alt 3__ . November 17, 1993 I Mr. Lloyd V. Harrell, City Manager City of Denton 215 E. McKinney Denton, TX 76201 I Dear Mr. Harrell: Over the past twelve weeks, I have had the opportunity to serve as president of the "Citizen's Police Academy" (CPA), Class 93B. Through this program the members of the class and I have learned and have a better understanding about the Denton Police Department. The CPA members of Class 93B would like to express their appreciation to the officers who took time out of their evenings to teach our class about what they do. We would like to present a plaque listing the names of those who made a presentation to the coordinators of the CPA program, Officer Bill George and Sergeant Steve Macsas, at the December 7, 1993, city council meeting. The class has also donated over $200 back to the CPA to help continue this worthwhile program. We would like to make this presentation in front of the Mayor and city council members so they may also know about this program and encourage others to become educated about our Police Department. Please let me know if this will be acceptable to you and to the City Council members. I may be reached at 898-7000. I appreciate your attention in this matter. Sinc ely, Deborah Knight, Pr s6 ident Citizen's Police Academy • -CITY = COUNC: of o, c', 11 c •:t e +~eadaNo. Resolution ahem r in appreciation of "TM BLOCKBIS, WHEREAS, on October 22, 1993, Thad Blocker retired, after serving with the Dentcn Fire Department since July 16, 1971; and WHEREAS, during the past 20 years, Thad has represented our City in the City of Denton Fire Department as an example of a quality service employee; and WHEREAS, the City of Denton has been fortunate in having enjoyed the dedicated and outstanding services of Thad and wish to recoginze same; and WHEREAS, Thad has always served above and beyond the effi- cient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the full respect of his fellow employees, colleag- ues, and citizens of Denton; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: That tt.d sincere and warm appreciation of Thad Blocker felt by the citizens and officers of the City of Denton, be formally conveyed to him in a permanent manner by recording this Resolution upon the official minutes of the City Council of the City of Denton, Texas and forwarding to him a true copy thereof as~atoken of our appreciation. PASSED AND APPROVED this the day of , 1993. BO 14 CASTLEBERRY, MAY R ATTEST! JENNIFER WALTERS, CITY SECRETARY BY: J AP.-ROVED AS To LEG~* FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: Z =CITY= OUNC; C ~GGGCCL~ ` 4 01 r 4o0C~ ~ ~t I i ~arr4a No 3~~ ~~pp A # Joe~ 6eaQa~ta ~ 3AC In appreciation of Date - "J0B31 1. >;Iin, JR." WHEREAS, on October 15, 1993, John F. Kizer, Jr. retired, after serving with the Denton Fire Department since October 1, 1973; and WHEREAS, during the past 20 years, John F. Kizer, Jr. has represented our City in the City of Denton Fire Department as an example of a quality service employee; and WHEREAS, the City of Denton has been fortunate in having enjoyed the dedicated and outstanding services of John and wish to recoginze same; and WHEREAS, John has always served above and beyond the effi- cient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the full respect of his fellow employees, colleag- ues, and citizens of Denton; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: That the sincere and warm appreciation of John F. Kizer, Jr. felt by the citizens and officers of the City of Denton, be formally conveyed to him in a permanent manner by recording this Resolution upon the official minutes of the City Council of the City of Denton, Texas and forwarding to him a true copy thereof asa~taken of our appreciation. PASSED AND APPROVED this the h" /'te" day of ]C. Wj , 1993. BO CASTLE BERRY, MAYO ATTES'e t JENNIFER WALTERS, CITY SECRETARY BY: rr~_ APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY. ~Ai d c { t~l • CITY ~COUNC: ~cpcGCC~ - e VIA H 1 . 1~ Fd7 DATE: December 7, 1993 Apend8Na Agend3114M CITY COUNCIL REPORT 1`~J TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PROPOSED AMENDMENT TO A DETAILED PLAN FOR PLANNED DEVELOPMENT 071; EXPANDING THE AREA OF THE PD TO 1.2306 ACRES, AND CHANGING THE PROPOSED USE TO 8 DUPLEX STRUCTURES. RECOMMENDATION: See attached report. SUMMARY: See attached report. BACKGROUND: See attached report. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Property owner, surrounding neighborhood. FISCAL IMPACT: None. Respectful y submitted: Prepared by: L1 rel , tanager G. Owen Yost, ban Planner Approved, it'd rank H. Rob ins AICP Executive Director Planning and Development Attachments: 1. PSZ Report. 2. PSZ Minutes. AXX0049C q.. q'. vv i e. ry STAFF REPORT Tot Denton Planning and Zoning Commission Case No.s Z-93-024 Meeting Dates December 7, 1993 GENERAL INFORMATION Applicants John C. Johnson 2905 Pennsylvania Dr. Denton, Texas 76202 (represented by Metroplex Engineering) Current Owner: same Requested Action: Amend Planned Development No 71 by expanding the area within the zoning district to 1.2306 acres, and changing the proposed use shown on the detailed plan from mini-warehouses to 8 duplex structures (].6 units). Location and Size: The 1.2306 acre site is located on the east side of Frame Street, at Kent Street. It is approximately 170 feet south of Uland street's intersection with Frame Street, Surrounding Land Use and Sonings North - SF-7 zoning on land that is largely undeveloped, except for one residence at the corner of Frame and Uland Streets. (This land is proposed for six lots, as the Doris Bean Johnson No. 2 Addition.) South - SF-7 zoning and a single-family residence. East - Undeveloped land (which is largely in the flood plain) in an SF-7 zoning district. West - The right-of-way of Frame Street, across from which is scattered residential use on Light Industrial zoned land. Case No. Z-93-024 3 Page 2 ? Denton Development Plans Low intensity (60 trips per acre). Intensity area No. 48. SPECIAL INFORMATION Transportations Five additional feet of right-of-way along Frame Street will be dedicated in the platting process. Sidewalks and curb/gutter will also be installed on the Frame Street frontage. A 24 ft. wide driveway will be constructed as shown on the detailed plan. Utilities An eight ft. wide utility easement will be dedicated, during platting, along the Frame Street frontage. Water service to the 16 units will be provided via a 6 inch public water line beneath the central driveway. Drainages The prcnosed development will not alter current drainage patterns. Structures within the flood plain will be required to elevate above the 100 year flood level. I HISTORY The original zoning of the land was SF-7. In 19840 .6776 acres of it was changed to Planned Development (PD-71) via Ordinance 84-34. PD-71 allowed development of mini-warehouses and the accompanying paving shown on the approved plan. The original Planned Develop- ment was subsequently platted as one lot. However, PD-71 was never constructed, and the land is currently undeveloped. The northern .553 acres was not included in the original planned development and is zoned SF-7. It is also currently undeveloped. i Case No. Z-93-024 w? ~-_f 3 Page 3 ANALYSIS The original proposal (.6776 acres) of Planned Development No. 71 (mini-warehouses), utilized 237.16 intensity trips (350 x .6776). Plus, the .553 acres of single-family use was allocated 33.18 trips (60 x .556). Therefore, the land under review was allocated a total of 270.34 intensity trips (33.18 t 237.16). As of this writing, one (1) reply has been received in opposition to the proposal, zero (0) in favors out of twelve (12) notices mailed to property owners within 200 feet. RECOMMENDATION The Commission recommended approval of the amended detailed plan of Z-93-024 by a vote of 6-0 on October 27, 1993. ALTERNATIVES 1. Approve petitionm as presented. 2. Approve petition with conditions. 3. Deny petition. 4. Postpone. I I ATTACHMENTS 1. Location Map 2. Intensity data: Area No. 48. 3. Proposed/Amended Detailed Plan. 4. Current site plan of PD-71. AXX00480 r ATTACHMENT 1 P•93.030 Frame Additions NORTH LJ I_.J s~rurrr ~Yu ❑DC7 ❑ Nfi7FRS ~ D D D PAS" Olin 1111 ua~n~t'r 00 C3~~ DD~ ~d ~o 0O0 DaD D F7 PPANPi'E' LOCATION MAP Location Map Date: 10/4/93 Scale: None ATTACHMENT 2 /?-?93 LAND USE MANAGEMENT INFORMATION SYSTEM PLANNING AND DEVELOPMENT DEPARTMENT CITY OF DENTON - Intensity area 48 Type: Low Intensity Trips/ac 60 Traffic survey zones: 6563 6564 6565 6569 Boundary description: South: Mc Kinney St. Date: 01/05/92 West: TPd&NMKThRailroaddra, Lattimore, Mulkey m LAND USE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSIT SF-16 < 16 11.4 160 0 -----0 SF-10>16 221 76.13 2210 0.7 21 7 33 330 SF-7>10 503 115.18 5030 65.03 2731.26 7 38 380 LESS SF-7 141 28.93 1410 0 0 64 312 3120 MOB.HOMES 1 0.4 10 0 0 0 0 0 DUPLEX 0 0 0 0 0 0 0 MF-R 0 0 0 0 MF-1&2 0 0 0 0 0 0 p p 0 0 0 0 0 COM/RET 0 10.34 6721 7.5 4875 0 0 0 OFFICE 0 0 0 0 0 0 0 0 INDUSTRY 0 0 0 0 0 0 0 0 TIINAL 0 33.42 2840.7 0 0 0 0 0 11+e S 0 .4 0 0 0 0 0 0 R/O/SPACE 0 0 0 0 0 0 0 0 TRANSPORT 0 1'9r ' 0 0 0 0 0 0 AGRIC. 0 0 0 25.85 0 0 0 VACANT -0- 176.9 0 0 0 0 0 0 0 TOTAL 882 472.66 18382 99.08 7627 78 383 3830 INTENSITY CALCULATIONS (1) Intensity area total trips 472.66 times (2) Trips allocated to existing land uses (built) 60 28360 (3) Trips allocated to current zoning incl. P Ds (not ?wilt) •x382. a_i57 (4) Trips allocated to vacant lands not zoned plus Agric. zoning 1551 (5) Estimated unallocated intensity trips 1)m1nus(2)+(3)+(4) -3030 __-_(6) Percentage of intensity trips allocated Ill a Frame Addition ATTACHMENT 3 1.2 NORTH L C ~ I IIIFFF„ ~ ♦ ~ ~ . i y_, xo«wG I ~ ~ ~ - C ~ i f + da: _ , IC~ S' D y oc%~~ assv..~ o=s. s".. / _ _f . ~ ter.. ~ sR y y r SF-9 90-~ i i Detailed Plan Dale: 11/4/93 Scale: None ATTACHMENT 4 A4 Planned Development No. 71 NORTH 1-7d ~I N I p i •e °t p -oxw p p 'Jy1 a 30 N •MWG f4hAFl1LL ! PROPOSED SITE PLAN ip'•Qa~-d' Current Site Plan Date: 10/1/93 Scale: None V, Planning and Zoning Commission Minutes October 27, 1993 The regular meeting of the Planning and Zoning Commission of the City of Denton was held Wednesday, October 27, 1993, in the Council Chambers of City Hall, 215 E. McKinney Street. PRESENT FROM P&Z: Chairman Engelbrecht, Mike Cochran, Dr. Mary Eveyln Huey, Richard Cooper, Barbara Russell, and Dick Norton. ABSENT FROM P&Z: Katie Flemming PRESENT FROM STAFF: Frank Robtins, Executive Director of Planning and Development; Owen Yost, Urban Planner; Mike Bucek, Assistant City Attorney; Gerald Cosgrove, Engineering Administrator for Water/Wastewater; David Salmon, Assistant City Engineer, Cindy Cranford, Secretary. Chairman Engelbrecht called the meeting to order at 5:05 p.m. 1. Consider approval of the minutes of the regular meeting of October 13, 1993. Mr. Cooper moved to approve the minutes as written, Ms. Russell seconded and the motion carried unanimously (6-0). I. Hold a public hearing to consider amending Planned Development No. 71 by expanding the area within the zoning district to 1.2306 acres, and changing the proposed use shown on the detailed plan from mini-warehouses to 8 duplex structures (16 units). The site is located on the east side of Frame Street at Kent Street's intersection with Frame Street. STAFF REPORT., by Owen Yost Mr. Yost explained to the Commission the first three cases on the agenda were owned by the same people and were virtually the same property. All three properties joined. Mr. Yost reported that PD 71 was approved in 1984. The request was to amend the PD by expanding the area and change the use to duplexes. The total area under review was 1.2306 acres. There were 12 notices mailed out and one reply was received in opposition. Mr. Yost said that Mr. Johnson met with all of the neighbors one by one and would report to the Commission later. The area is in a low intensity area. The five feet of right of way has already been acquired by the City. The proposal before the commission will actually reduce the number of intensity trips. Screening will be required along two sides of the parking lot and between the area and y' Minutes Planning 6 Zoning Commission Page 2 0 _ the single family home. Mr. Norton asked if the concerns about the sidewalk had been resolved. Mr. Yost said yes, staff had received sidewalk plane and they were acceptable. He also reported that with the approved sidewalk plans staff could also recommend the plat. Mr. Engelbrecht asked how the open space would be utilized. Mr. Yost said there was some talk about dedicating park land but it never materialized. PETITIONER: John C. Johnson, 2905 Pennsylvania Drive, Denton Texas. Mr. Johnson said there was little he could add but he would be glad to answer any questions. He said the request was a continuation of his plans to provide housing for moderate income families. The plans are for over under duplexes not side by side plans. He said his tenants seem to like the arrangement better. When the PD was approved in 1984 there were no sidewalks required, but when the plans were changed from the mini warehouses sidewalks were required. Mr. Cochran asked if he had any plans to develop the open area, Mr. Johnson said at the present time he had no plans for the open area. Mr. Engelbrecht asked how the land would be developed at a later date. Mr. Johnson said if permitted he would continue the duplex development. He said there is a great demand for moderate housing. He also felt that they were not detrimental to the area. Mr. Engelbrecht asked if the square footage would be about 800 square feet. Mr. Johnson said yes. He said he would build one on a lot he owns and ask the tenants if changes needed to be made and get a better idea as to the need and the acceptability of the approved plans. Mr. Engelbrecht said he had concern about the area adding an additional 28 living units in an area that small. Mr. Johnson said he hoped the decision would not be made on Minutes 7- 9 3 Planning 6 Zoning Commission y 1-5 1L Page 3 future speculation. Nothing may happen on that open area, There may be no demand in the future. The land has never been used and we do not know what the future holds. He said he would maintain the open area and he would see that his tenants had what they need. The neighbors all feel like it is a good idea. Mrs. Allen asked for a pay phone in the area, but that was the only request he heard for the area. Ms. Russell asked what moderate housing was. Mr. Johnson said the units would rent for about $375. IN FAVOR: none IN OPPOSITION: none Public hearing was closed. RECOMMENDATION: Staff recommended Z-93024. Ms. Russell moved to recommend approval of Z-93024, Mr. Cooper seconded and the motion carried unanimously 6-0. III. Consider the preliminary and final replats of Lot 1, Block 1, Frame Addition. The 1.2306 acre site is located on the east side of Frame Street at Kent Street. STAFF REPORT: by Owen Yost Mr. Yost said the property was the same piece of land as the first case. The area is zoned SF7. No zoning change would be needed to replat. The surrounding area is also single-family. RECOMMENDATION: Staff recommended approval of the replat of Lot 11 Block i, Frame Addition. Mr. Cochran moved to recommend approval of the replat of Lot 1, Block 1, Frame Addition, Ms. Huey seconded and the motion carried unanimously (6-0). IV. Consider the preliminary and final plats of Lots 1 through 6, Block A of the Doris Bean Johnson No. 2 Addition. The 1.157 acre site is located at the southeast corner of Uland and Frav i Streets. STAFF REPORT: by Owen Yost Mr. Yost report the plat was approved in 1986 and was vacated in 1988 so it is currently unplatted. It is located at the south east corner of Frame and Uland Streets. There is cs\ord\framest.o 2w - ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON# TEXAS, AMENDING PLANNED DEVELOPMENT NO. 71 (PD-71) BY ADDING TO PD-71 .553 ACRES WHICH IS HEREBY REZONED FROM SINGLE FAMILY-7 (SF-7) TO THE PD ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION AND APPROVING A NEW DETAILED PLAN ENCOMPASSING THE ENTIRE 1.2306 ACRES OF LAND LOCATED DIRECTLY EAST OF FRAME STREET AND KENT STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF] AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, John C. Johnson has applied for an amendment to Planned Development No. 71 (PD-71) consisting of .6776 acres by rezoning .553 acres of land from Single Family-7 (SF-7) to the Planned Development (PD) Zoning District Classification and Use Designation and expanding PD-71 by adding such acreage to PD-71 and by providing a new detailed plan encompassing the entire 1.2306 acres; and WHEREAS, on October 27, 19930 the Planning and Zoning Commission recommended approval of the requested changes in zoning; and WHEREAS, the City Council finds that the changes in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, SECTION I. That Planned Development (PD) No. 71 (PD-71) consisting of .6776 acres of land is amended by adding to PD-71 .553 acres of land which is hereby rezoned from Single Family-7 (SF-7) to the PD Zoning District Classification and Use Designation to form a revised PD-71 containing 1.2306 acres of land as described in Exhibit "A", which is attached hereto and made a part hereof for all purposes pursuant to the Comprehensive Zoning Ordinance of the City of Denton. SECTION II. That the Detailed Plan for the PD-71 is hereby repealed and the Detailed Plan attached hereto as Exhibit "B", and made a part hereof for all purposes, is approved as the new Detailed Plan for PD-71. SECTION Ill. That the City's official zoning map is amended to show the change in zoning district classification. SECTION IV. That a copy of this ordinance shall be attached to ordinance 84-34, showing the amendment herein approved. .y r 13 SECTION VL That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (30) days of the date of its passage. PASSED AND APPROVED this the day of 1993. BOB CASTLEBERRY$ MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: Page 2 EXHIBIT A EIS W 1.236 HEREAS, John C. Johnson and Doris Bean Johnson are the owners of that certain land situate in B..9. & C,R,. COWAn AbstractcNumber 185,f0 nt on County,dTexas,h$AidB1.2306 acreAtractt being Ball of Lot 1 Block 1, frame Addition, an addition to the City of Denton as shown by plat recorded in Cabinet •D,• Slide 285, Plat Records, Denton County, Texas, and a portion of that tract conveyed to Doris Bean Johnson from Tillman Ellis Uland and Marjorie Uland by deed recorded as 93-80062479, said 1.2306 acre tract being more particularly described as foliowei Beginning at a found one-half inch iron pin at the occupied southwest corner of said Lot 1, also being in the east right-of-way of frame Streets Thence North 00 degrees 29 minutes 35 seconds East with the west line of said Lot 1 a distance of 100.08 feet to a found one-half inch iron pin at the occupied northwest corner of said Lot 11 Thence South 89 degrees 55 minutes 36 seconds Bast with the south line of said Island tract a distance of 100.00 feet to a set one-half inch iron pin for an inner all corner of the herein described tracts Thence North 00 degrees 29 minutes 35 seconds East, departing said Uland south line, a distance of 58.58 feet to a set one-halt inch iron pin for corner Thence North 89 degrees 53 minutes 41 seconds Bast a distance of 288.74 feet to a set one-half inch iron pin for an inner all corners Thence North 03 degrees 33 minutes 35 seconds East a distance of that St feet toundfeocb~ the rrpoost at the occupied southwest corner of Court case number 18,443, acme Da ng thof W, P. Green at &I in rict e southwest corner of thatetract conveyed to Rose M. Platt by deed recorded in Volume 2893, page 643 Real Property Records of Denton County, Taxass Thence South 89 degrees 46 minutes 03 seconds East with said Platt south line, passing her southeast corner at 50.6 feet, and continuing on a total distance of 63.46 feet to a not one-half inch iron pin in the meet lire of said Island tract and the south line of said Croon tract for the northeast corner of the herein described tracts Thence South 02 degrees 53 minutes 46 seconds Rest with said Uland east line a distance of 99.62 feet to a fence corner post at the occupied southeast corner of said Island tracts Thence North 69 degrees 55 minutes 36 seconds West with said Uland south line, generally north of an old fence line, a distance of 165.46 feet to a set one-half inch iron pin for an inner all corners Thence South 00 degrees 24 minutes 41 seconds west, passing at 2,1 feet a found one-half inch rebar in an old Irregular east-west fence, and continuing on a total distance of 101.88 feet to a found ore-half inch Iron pin at the occupied southeast corner of said Lot 11 Thence North 89 degrees 34 minutes 3S seconds West with the south line of said Lot 1 a distance of 294.95 feet to the Point of Beginning, containing in all 1.2306 acres of land. AAAOI DO M EXHIBIT 6 el Z-93.024 Frame Addition NORTN 'I ;jj F_R A \1 8 'T R E P~- I fill I l i ( Jr- I l~ I I' • I EI! 11 r 14 t I II w IL f.... Detailed Pan' Data' 10/15/93 Safe: None 9'~ • CITY C0UNC: C ` 1 'rjt r ♦ O"L~11.'r r r~rr~ Aflartda No Age~dalle _ 7.~ DATE: December 1993 X19 _ CITY COUNCIL REPORT TO: Mayor and Members of the city Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PRELIMINARY AND FINAL REPLATS OF LOT 1, BLACK It FRAME ADDITION, PLUS ,553 ACRES OF UNPLATTED LAND; INTO LOT 1R, BLOCK 1. RECOMMENDATTON: The Planning and Zoning Commission recommended approval, at its October 27, 1993 meeting. U Y: The 1.2306 acro tract is located on the east side of Frame Street at Kent Street. It is currently undeveloped, and is proposed for a duplex structures (16 units). Public improvements include approximately 76 feet of sidewalk, approximately 76 feet of curb, and approximately 290 feet of 6 inch water line. BACKGROUND: Approximately 30,000 square feet of the property was zoned Planned Development (PD-71), for use as mini-warehouses; and was platted in 1984. Approximately 24,088 square feet of unplatted land to the north was zoned single-family 7. Both pieces are being reviewed at this meeting for an amendment to the existing Planned Development, allowing duplexes and enlarging the total site area. Services and facilities, including water, natural gas, sanitary sewer, telephone, electrical, and solid waste, are available to the site. The Subdivision and Land Development conform to the minimum requirements of the the Code of Ordinances. The owners within 200 feet, within the original subdivision have 1-.6-7 notified of the hearing. PBpGRAMS. DEPARTMENTS OR GROUPS AFFECTED. Property owner. KCAL IMPACT: None. ii e r Respectfully submitted: Lloyd V. Harrell, City Manager Prepared by G. Owen Yo , rban Planner i Approved: f'{y 3 In rank H. Robbins AICP Executive Director Planning and Development ATTACHMENTJS 1. Location map. 2. Existing plat. 3. Preliminary raplat. 4. Final replat. A~oaat: s ATTACHMENT 1/,;,~~~~ . P-93.030 Frame Addition NORTH r Sti'IW7j D❑C7 trims ❑ D DD ~ $ ~ p ❑ ❑ D GGWD a ❑ WAX' Da~Qo❑ ao ova lw~`~ 000 l~ rw Ppwr LOCATION MAP Location Map Date: 10/4/93 Scale: None ATTACHMENT 2 P•93.030 Frame Addition NORTH lr„r/Y ler ~f YNY/ ~ , 1{• 11{ O r4 bell I,el • t 171 700.00' Q' r IC ; • If' 4f~~ i u Y{tl 7 r Y ; fly M • t • Y Y t 11 N C • J C ' 'f f r/Y 11 /'I YYl = a l O O lilt 1'1 , Q> >R 0 19 • I l/t r n ~ 1 1 O m e; •117 70000' U /f 4 rn r ~ Yi1 Nr1 • 111/ r,t ♦~uu7 r rrflrl III rlirlr,l nliflf t+ ~ t{{ v Y 7I e • 1 f r r Original Plat Dats 1 10/4/93 Scale: None i ATTACHMENT 3 P-93.030 Frame Addition / NORTH . r n • 1 O '-----___________-_-y~ 1 J FRI ~.y L 1 \ - V10 ~,-Lr-- ' lea N• W \ }iE~Irer.... I p,^~n"11j ~Q• /x~u~S'nui.~°" _.,,~ti a/.. IOC OD'1 ---/1u ~0~ ( UNGU1Tro j.00 I 1( VV iS . Ab ~ JVY~ ~ _ 1 '1 ~ i~ / M d.. .,ri .e~°.ri y i11 i. i't.00bf AN fw p.Y \ 1 u..p1,, M -YM .We, .u.. .......L......y,•-,_...=~ yr ~I,• .~W r „J r~ Y neoo»~r Preliminary Replat Date: 10/4/93 Scale; None E ATTACHMENT 4 42 - 7; % 3 io~ P-93.030 Frame Addition NORTH 0 FRIT2 , orw a< U LrA N D S 89'46'03' E 63,46'-L1 w.ril~ux N 00*29'35' E N D3635'35' E 4026'-__~ ra 1Ir In ' N 99'53'41" E 288.7' b^~~ lip flr KENT SR 2306 Acres ry S 09'55'36' C SIP rip 100 D0' N 89'55'36" W. 155.48' L1 i17i t 7]~ I ~14.9 ut r f ; 5 r rrurf ■ r1 r frl!Ir r f l r frvir • l r rruir r f 1 r u~. r . ~ 6' ~r~ll L_1 w_f. _1 l_J_°0_J t_ aw _1 L_ii'q-J 9 r ro ra uvn b1fY~7 r nrt A h c er~OY N ry N 034'35' W 294,95' -rip I r4r i Kr1wARy gra iYu,u rr ca ra m-fti-1P P.O.B. Final Replat Dates 10/4/93 Scale: None w i 3 U ~r7 Minutes Planning i Zoning Commission Page 3 r ~b 'J 4i ~o, future speculation. Nothing may happen on that open area. There may be no demand in the future. The land has never been used and we do not know what the future holds. He said he would maintain the open area and he would see that his tenants had what they need. The neighbors all feel like it is a good idea. Mrs. Allen asked for a pay phone in the area, but that was the only request he heard for the area. Ms. Russell asked what moderate housing was. Mr. Johnson said the units would rent for about $375. IN FAVORS none IN OPPOSITIONi none Public hearing was closed. RECOMMENDATIONI Staff recommended Z-93024. Ms. Russell moved to recommend approval of Z-93024, Mr. Cooper seconded and the motion carried unanimously 6-0. iI. Consider the preliminary and final replete of Lot 1, Block 1, Frame Addition. The 1.2306 acre site is located on the east side of Frame Street at Kent Street. STAFF REPORTI by Owen Yost Mr. Yost said the property was the same piece of land as the first case. The area is zoned SF7. No zoning change would be needed to replat. The surrounding area to also single-family. RECOMMENDATIONi Staff recommended approval of the replat of Lot i, Block 1, Frame Addition. M,:. Cochran moved to recommend approval of the replat of Lot it Block 1, Frame Addition, Ms. Huey seconded and the motion carried unanimously (6-0). IV. Consider the preliminary and final plats of Lc',a 1 through 6, Block A of the Doris Bean Johnson No. 2 Addition. The 1.157 acre site is located at the southeast corner of Uland and Frame Streets. STAFF REPORT: by Owen Yost Mr. Yost report the plat was approved in 1986 and was vacated in 1988 so it is currently unplatted. It is located at the south east corner of Frame and Uland Streets. There is 3. • -CITY - C4UNC' M . 1 1 j WW IY~ H . ~r y is s i i 6 ~ ~I DATES December 7, 1993 AQea03...:_.-- MY COUNCIL REPORT Date TOt Mayor and Members of the City Council FROMt Lloyd V. Harrell, City Manager SUBJECT: PROPOSED DETAILED PLAN OF 9.296 ACRES OF PLANNED DEVELOPMENT NO. 87, AND REZONING OF AN ADDITIONAL .330 ACRES OF THE PLANNED DEVELOPMENT TO SF-10. RECOMMENDATIONS See attached report. StNiARY. See attached report. BACKGROUNDS Sea attached report. PROGRAMS. DEPARTM E,1TS OR GROUP,E AFFECTED: Property owners, Engineering Department. FISCAL IMIACTI None, ' Respectfully submitted: Prepared byt L1 y V. H rrell, City anager G. Owen Yost, Urban Planner' Approved: Aank Ro ins AICP Executive Director Planning and Uevelopment Attachmentss 1. PSZ Report. 2. P&Z Minutes. AXXOOGBE STAFF REPORT 14;,`_Z'Y3 Tot Denton Planning and zoning commission Case Noes Z-93-022 Meeting Dates December 7, 1993 GENERAL INFORMATION Applicants Mitchell Vexler 404 Leigh Court Highland Village, TX 75067 Current Owners Mavex 9, Inc. Requested Actions Approve a Detailed Plan for 9.296 acres of Planned Development No. 87, to allow single- family detached lots. Simultaneously rezone .330 acres of the Planned Development to SF- 10. Location and Silos The entire tract of land being considered is 9.626 acres, located on the west side of Lillian Miller Parkway, at Southridge Drive. The proposal is for 16 residential lots, as shown on the Detailed Plan. Surrounding Land Use and coning: North - Undeveloped land, zoned SF-16. South - SF-16 zoning, recently changed for a residential subdivision known as Hunter's Ridge (under construc- tion). East - The right-of-way of Lillian Miller Parkway, across from which is undeveloped land proposed for single- family homes per the existing concept plan of PD-87. A small portion of land, roughly northeast of the site, is zoned 2-F, for duplex use. West - Single-family detached homes on SF-30 and SF-16 zoned land. Denton Development Plans Low intensity (60 intensity trips per acre). Intensity Area No. 79. Case No. Z-93-922 i2. c. Page 2 ~v7_.7•`~3 ~f 3 SPECIAL INPORNATION Transportation: Access easements will be paved, and will serve the proposed lots. The 20 ft. paving width allows for two-way vehicle traffic in the 28 ft, easement. There would be two additional openings, and turn lanes, in the existing Lillian Miller Parkway median, as shown on the Detailed Plan. vtilitiess An a inch water line extension is proposed north of the site, and an 8 inch sewer line extension is proposed from the existing lines crossing the property. A 28 ft, easement is proposed across the frontage of the property, facilitating utility placement and maintenance. Drainagat A portion of existing floodway is included within Lot 46. This floodway is dedicated as a drainage easement, and is proposed to be left in its natural condition. HISTORY The planned development was authorized in 1984, by Ordinance 84- 138. Formerly, it was zoned SF-16. The PD Concept Plan showed a maximum of 40 units, or 4.3 dwelling units per acre. A small portion of the tract (shown as 28A and 29A) will be included in a replat (.330 acres) which is now under review. ANALYSIS i The land is within Study Area No. 79 and is 72* allocated. The current planned development allows 385.04 intensity trips (40 x 9.626)6 The proposal will decrease the intensity allocation in this area. The proposed detailed plan would be allocated 160 trips (16 lots x 10 intensity trips per lot). Case No. 2-93-022 Page 3 ANALYSIS, continu*d A meeting of the neighborhood was held on November 14, 1993. No objections to the proposal were offered. Thirty-three (33) reply notices were mailed to property owners within 200 feet. As of this writing, two (2) replies have been received in opposition to the proposal and two (2) undecided. RECOMMENDATION The Commission recommended approval of 2-93-022 at its 10/27/93 meetings a detailed plan for part of PD-87, and rezoning part of the current Planned Development to SF-10, with the conditions that there be a 16 ft. easement along toot 19 and part of 18, and that no fence be allowed in the drainage easement on Lots 24 and 46. ALTERNATIVES 1. Approve petition as presented. 2. Approve petition with additional conditions. 3. Deny petition. 4. Postpone. ATTACHMENTS 1. Location Map 2. Existing area zoning. 3. Intensity datas Area No. 79. 4. Existing concept plan of PD-87. 5. Detailed Plan. AMH004CO T ATTACHMENT 1 Z-93.022 Southrldge Oaks (PD-87) OrNORTH Afose Wilt 01 OAXI OW I k Is E n 10 ~o PONocMY 1r, ~ ~ `J ou ee 4 o ~ SITE ea ~ . r.f K y ' e eT'e re imro $our / RIII~f Rle ~ ; ~ d ' . .rG Location Map Date: 10/13/93 Scale: None ATTACHMENT 2 M , , . . • r IAN% t D-137 PIN % 0, 'LO V, *~l 4o Ilk PD -4, ~tk SF, 0 e PD 7, , ML I "keg J L__ V ~r ~~plfl~Vf f 4 r.iVrr~r~.irr-. wo • I ~,I ATTACHMENT 3 LAND USE MANAGEMENT INFORMATION SYSTEM PLANNING AND DEVELOPMENT DEPARTMENT CITY OF DENTON Intensity area Ns 79 -----Type= - Low------------------------- Traffic survey zones: 6600A 6590 6591 Intensity Trips/ac 60 Boundary descriptions North: I-3SE Dater 01/15/92 Eastl LillianRMiller Pkwy - west: Teasley Ln L.AND USE EXISTING LAND - USE CURRENT ZONING UNITS ACRES PLANNED DEVELOPMENTS INTENSITY ACRES INTENSITY ACRES U'AITS INTENSIT SF-16 < -307.6 352 189.69 3520 15.38 307,6 SF-10>16 370 144.55 3700 54.5 1635 0 0 14.8 0 SF-7>10 2 0.91 20 0 0 40 400 LESS SF-7 0 0 0 0 12.54 67 MOB.HOMES 0 0 0 0 670 DUPLEX 0 MFR 12 2.23 120 0 0 0 0 16 2.15 128 0 0 0 MF-192 509 24.27 4072 0 0 0 0 0 COX/RET 0 5.16 3367 0 0 0 0 0 ~"~DUSTRY 0 12.63 4420.5 0 0 0 0 0 36 0 0 0 .06 0 3TIINAL 0 0 0 0 0 0 p 0 PARKS 0 6.61 198.3 0 0 0 0 0 R/0/SPACE 0 0 0 0 0 0 0 0 TRANSPORT 0 36.65 0 0 0 0 0 IRIC. 0 0 0 0 0 0 0 0 VACANT 0 99.57 0 0 0 0 0 0 0 0 0 0 TOTAL 1261 524.44 19546 69.88 1943 27.34 110.06 1070 INTENSITY CALCULATIONS (1) Intensity area total trips 524.44 times 60 31466 (2) Trips allocated to existing land uses (built) (3) Trips allocated to current zoning incl. P Ds (not built)ning 139546 (4) Trips allocated to vacant lands not zoned plus Agric, zo (5) Estimated unallocated intensity trips 1)minus(2)+(3)+(4) 8908 "---(6)-Percentage-of-intensity trips allocated 72 4 f. ~l 41 ATTACHMENT 4 Ci Z-93.022 S4uthridge Oaks {PD-87} NORTH CONGEPr PLAN rADLE ANNA T.G 1[ AEusfry 5 .o Sr - fb 9.4 Sf-q Atsfen 40 A k 4.3V 17,6 9f•rxv~c~ 106 60 \~G `~e to ti` y~rt~ 3 . F, - 16 f. 4 ' i _ ~NSingle Family ti Detached 4 y~r . Aboe~ ~ I . I v Date: 10/15/93 Scale: None y f RECEIVE[ ULC 03 199? ll ~.^r J.'Jil P. ll. 'LI4ME N~ r.{r4n~, ~,a pT J rY l ~ rrl r.wr ra rI. IY. L~ yy r♦F.•iri♦Iq .L....f. N l i. r _ _ _ •w ~ro,I yr,.~rwr ~rr~ l r r w rr~~l w r' % ~ \ © ►r.l E I rI r+. yr r~• r"' i'S . r i r a rte.. ~~~r`i:. i. T.-+.r.: ri... r" / \ I rr. lYrl.•.I.irY~IM .w ~ r.r.... 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Mr. Bucek said all the commissioners should look at the value of the tree not the improvements. Dr. Huey moved to grant permission to cut the tree on the condition of the inability to get the additional easement. Mr. Cochran seconded and the motion carried unanimously (6-0). V o a publ~iF ear ng to consider a detailed plan for 9.296 acres of PD-87 to allow single-family detached lots. Simultaneously consider rezoning an additional .330 acres of the Planned Development to SF-30. The land is located on the west side of Lillian Miller Parkway at Southridge Drive. STAFF REPORTS by Owen Yost Mr. Yost reported that the entire tract of land is 9.626 acres, located on the west side of Lillian Miller Parkway, at Southridge Drive. The proposal is for 16 residential lots. The land is located in a low intensity area. Access easements will be paved and will serve the proposed lots. The 20 ft. pa-ing widths allows for two-way vehicle traffic. There would be two additional openings and turn lanes, in the existing Lillian Miller Parkway median. A portion of the existing floodway is included within Lot 46 and 24. This area has been dedicated as a drainage easement and will be left in its natural condition. A moeting of the neighborhood was held on October 14th, 1993. No objections to the proposal were offered. Mr. Salmon said lot 24 would have a etc.--m drain in the oasament and the area in lot 46 was actual.y in the flood plain and would be left as open space. I Minutes 2 -7"3 Planning i Zoning Commission Page 6 • Mr. Cooper asked about the 20 ft private access drive and how would it interface with Lillian Miller. Mr. Yost said the driveway would be private and there would be no parking on the side and the city would not maintain, the owners would. Mr. Engelbrecht asked how the upkeep would be enforced if it was a private drive. Mr. Yost said the owners would have to maintain the drive. RECOMMENDATION: Staff recommended approval of Z-93-022 with with two conditions as follows: 1. An easement of 16 ft, along lot 19 and part of 18. 2. No fence will be allowed in the drainage easement on Lots 24 and Lot 46. PETITIONERS Tony Krauska, from Kurts Bedford representing Mitchell Vexler. Mr. Krauska explained they had been through many meetings to satisfy the city and the developer. The owners are proposing to build a private access drive to city standards so that it would hold up. The home owners association will be responsible for upkeep. He explained that the developers were staying away from walls on Lillian Miller because there is a bad visibility problem and a structure would be bad from a safety standard. We do not have the sidewalk next to the pavement so there will be some green area. The developer is still talking about what to do to break between the development and Lillian Miller. The developer is required to put in sidewalks prior to the homes being built. it is a waste of money because it will be torn up before the house is finished. The sidewalk should be built after the homes are built. Dr. Huey asked the size of the homes. Mr. Krauska said the minimum square footage would be 2000 livable or 2500 sq ft. The deed restrictions are set at 2000 square foot minimums in Southridge. He said they were trying to build a quality development. All of the homes in the arf, are about 2500 square feet. Mr. Cochran asked what the exact mechanism would be when the road needs repaired. Mr, Krauska said the home owners association would pay for the repairs and the association would have to develop bylaws that would cover the maintenance. i Minutes a or npt Planning 6 Zoning Commission ,7 Q Page 7 Mr. Engelbrecht asked if the private road was 20 ft wide what would be done to address parking. M:. Krauska said the houses would be set back and would allow a sufficient drive way space to take care of parking. The problem could be addressed in the deed restrictions. IN FAVOR: none IN OPPOSITION: none RECOMMENDATION: Staff recommended approval of Z-93022 with the conditions mentioned. Public hearing was closed. Ms. Russell moved to recommend approval of Z-93022 with conditions as outlined by staff, Mr. Norton seconded and the motion carried unanimously (6-0). VII. Director's Report ~ Mr. Robbins reported that he would be keeping the Commission updated on the zoning rewrite. The Council agreed to proceed with the zoning ordinance rewrite. VIII.Future Agenda Ite:us. Mr. Robbins said most of the cases in the backup for Nov 10 would not make it. Staff is looking at last meeting in Nov. Mr. Engelbrecht said last year there was no meeting on the Wednesday before Thanksgiving because there were no cases. It was agreed that the Commission would meet on the 2nd and 3rd week of November unless it became necessary to meet on the 24th. It was agreed that there would not be a meeting on the 4th Wednesday of December. The joint meeting with the Airport Board will be tentatively scheduled for the first meeting in December (the 6th). Meeting adjourned at 6.45 c:\wpdocs\ord\1mi11er.o / 2 -?-Y_ Pa ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE IN ZONING OF .330 ACRES OF LAND FROM PLANNED DEVELOPMENT NO. 87 (PD-87) TO SINGLE FAMILY-10 (SF-10) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION AND APPROVING A NEW DETAILED PLAN FOR THE REMAINING 9.296 ACRES OF PD-87 LOCATED ON THE WEST SIDE OF LILLIAN MILLER PARKWAY AT SOUTHRIDGE DRIVE; PROVIDING FJR A PENALTY IN THE MAXIMUM AMOUNT OF $20000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mitchell Vexler has applied for a change in zoning for .330 acres of land from Planned Development No. 87 (PD-87) to Single Family-10 (SF-SO) zoning district classification and use designation, and approval of a new detailed plan for the remaining 9.296 acres of PD-87; and WHEREAS, on October 27, 1993, the Planning and Zoning Commission recommended approval of the requested changes in zoning; and WHEREAS, the City Council finds that the changes in zoning will be in compliance with the Denton Development Plan; NoW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation of the .330 acres of land described in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from Planned Development No. 87 (PD-87) to Single Family-10 (SF-10) zoning district classification and use designation pursuant to the Comprehensive Zoning Ordinance of the City of Denton, Texas. SECTION 11. That the portion of PD-87 not included in the acreage identified in Section I and consisting of 9.255 acres of land described in Exhibit 11818, attached to and incorporated into the ordinance by reference, is amended by the approval of a new detailed plan identified in Exhibit "C", attached to and incorpo- rated into this ordinance by reference. SECTION 121. That the City's official zoning map is amended to show the change in zoning district classification. SECTION IV. That a copy of this ordinance shall be attached to ordinance 84-138, showing the amendment herein approved. IK!t>.r.~ n1: 4.e. SECTION V. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constituto a separate and distinct offense. SECTION VI. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be pul3lished twice in the Denton Record-Chronicle, the official news- prper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1993. BOB CASTLEBERRY$ MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETA13 BY: APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCS, CITY ATTORNEY BY: Page 2 oAxs r ~$'O PlELD NOTE DESCRIPTION , TRACT 3 ~0~--1r-~~ All that certain tract of land situated in the John EXHIBIT A Of Tract 2 as deecnbed in a deed from Teti Taylor Companic [n .recorded in Volume and 3417, Co page Denton Coon y, Abstract 797, city and County of Denton, Tens and bean ry, Texas and being more particularly described as follows: 0001, Real Pro g part BEGINMNG at the south Perty Records of In Cabinet D, Page 315, Plat Records of Den on Co Of untyLot 28, Block 35, Southridge East Phase 1 Addition , as shown by plat recorded i 17'iFdVCE North 35°19'08' East with the east line of block 35, a dJs ZHEIt'C6 South 11°4225' lance of 219.40 feet; East a di"ranee of 179.32 feet, T"CE or Ids. less. South 88°45'56' West a durance of 163.26 feet to the POINT OF BEGINNING and containing 0,330 aces of laid more i i I I 1 C SOU701lDGE OAKS FIELD NOTE DESCRIPTION TRACT 1 EXHIBIT B (two gages) All that certain part of land situated in the john of Tract McGowen Survey, Abstract 797, City and County of Dento9T7jty silt/bde I as described in a deed from Teri Taylor Companies, Inc, raorded In Volume 3417, Page 0001, Real Pro Denton Coot all ry, Tetras and being more particularly described as foLows; Deny Records of BEGINNING at the north right-of-way line of southridge at the southeast comer of Lot 17, Block A, the Ridge of Southridge as shown by the plat recorded in Cabinet D, Page 330, Plat Records of Denton County. THENCE North 50°3733' East with the east line of Block A, a distance of 343.55 feet to a point for comer, THENCE North 35007'33' Eaot with the east line of Block A. a distance of 350.82 feet to a point for comer, THENCE North I0*M39' West with the east line of Block A, a distance of 191.65 feet to a point at the northeast comer of Lot 12, Block A. also being oa the south line of Lot 8, Block One, J.W. Erwin Subdivision; THENCE North 8912323" East with the south line of Lot 8, a distance of 214.98 feet to a point on the west right-of-way of Lai ian Miller Parkway; THENCE with a curve to the? fight on the west line of Man Miller parkway, having a central angle of 30018'44•, a radius of 757.74 feet, a chord of south 13039142' west, an arc length of 40088 feet, 77iENCE South 28019103' West with the west right-of-way of Lillian Miller Parkway a distance of 511,79 feet,, THENCE with a curve to the right having a central angle of 19056'52', a radius of 92.00 feet; a chord of south 38°4733' west, an arc length of 32.03 feet; THENCE with a curve to the left, having a central angle of 19056'51', a radius of 108,00 feet, a chord of south 38047330 west, an arc length of 37.60 feet,, THENCE South 28049103' West with the west line of Lillian Miller Parkway a distance of 80.76 feet; THENCE South 73049'03" West with a flare In said right-of-way, a distance of 12.73 feet to a point on the north right-of--way line of Souduidge Drive; 7191CE North 61010'57' West with the north line of Southridge Drive a distance of 50.68 feet; THENCE with a curve to the right having a central angle of 37031118, a radius of 270.00 feet, a chord of north 42025'16' west, an arc length of 176.82 feet, THENCE North 23039135' West with the north line of Soudhridge Drive a distance of 78.10 feet; THENCE with a curve to the left having a central angle of 4034'22', a radius of 583.04 feet, a chord of north 25056'46' west, an arc length of 46.52 feet to the POINT OF BEGINNING and containing 5.165 acres of land more or lea. PQ I TRACT 2 All that certain tract of land situated in the John McGowen Survey, Abstract 797. Ci y affil County of Denton, Texas and being part of Tract 2 as described in a deed from Terl Taylor Companies, Inc. recorded in Volume 3417, Page 0001, Real Property Records of Denton County, Texas and being more particularly described as follows: COMMENCING at the southernmost southeast corner of Lot 28, Block 35, Southridge East Phase 1 Addition, as shown by plat recorded in Cabinet D, Page 315, Plat Records of Denton County; THENCE North 35°15'30" East with the east line of Block 35, a distance of 219.60 feet to the POINT OF BEGINNING; THENCE North 9°21'09" West with the east line of Block 35, a distance of 249.71 feet; THENCE North 55°OT48' East with the east line of Block 35 , a distance of 156.41 feet; THENCE North 57°51'43" East with the east line of Block 35, a distance of 169.58 feet; THENCE North 51°42'37" East with the east line of Block 35, a distance of 200.30 feet; THENCE North 37°28'25" East with the east line of Block 35, a distance of 126.46 feet to a point in the south tlgh-of-way of Southridge Drive; THENCE with a curve to the left on the south line of Southridge Drive, having a central angle of 2031'17", a radius of 330 feet, a chord of south 59°55'19", an arc length of 14.52 feet; THENCE South 61°10'57" East with the south line of Southridge Drive a distance of 71.68 feet to a point in the west right-of-way of Lillian Miller Parkway, i THENCE South 28°49'03" West with the west right-of-way of Lillian Mt71er Parkway, a distance of 893.19 feet; THENCE South 88°41'36" West a distance of 73.94 feet to the southern point in a deed from Mavex 9, Inc. as recorded in Volume 93, Page 28904 in the Deed Records of Denton County; THENCE North 11'42'2S" West with the west line of said deed from Mavex 9, Inc., a distance of 179.32 feet to the POINT OF BEGINNING and containing 4.131 acres of land more or less. 'Jj EXHIBIT C o k Z-93-022 Southrldge Oaks (PD-87) 1 _a ga at 31 S Jy NOR7~ ' fANGrrT r : r:l r - ; ~j • !•'n N N svmer s fi1NCiNr A N f!'f6'SY jr FANCM 1 N l:srss• r . r•.f6 • r - - i , I III r4YCrNT 6 r 6f'f•'sY r - >f.66 r rA' 'Drla rtl ~ 1 ' I f ,r + L k.~ ~ ~ w I JA:It. ~~DfA t SOVir.RA>Lr I C.O~r D rMt 1f0 Oe~/ \ M,. r r0' !twit. Act," a, q Y.4 4mV f..uN./ r f rr rsNr l t r rRACT 1 - 6.M ACAU All At rLGLV.YING iDlNT „ ♦ , V r1C1f71 ° ~ ~ to ti,1 If`~ ~I i 6' 111l A' fill err' fv [Arlly W ~ ~/r' t~ '{R ~.i~ / U / ~ Riwrl Dr•wY.i+MiMRI"',, 'a "UCT 6 - CIS1 AC'Afr 66' 6Hg11 DAR• N' satil Dda J .V~ ~ Yr4u Druly r d1 . J rK ~ r Y ~ aKlor'YrYf slAkDUlDs r .J ' I till ~A)i~ f k m r e R ' cif • ♦ie~nee I oj'W A, All, ~ Y r+n T " /w~ R Delalled Plan DMer 10/15/93 Sale: None 3A =CITY . COUNC: 1 COGCCr o ACC . 6 . s ACWINo, Agendaltte, Date ~cra----- DATE. December 7, 1993 Pa Q REPORT T0: Mayor and members of the City Council FROMt Lloyd V. Harrell, City Manager SUBJECT: PRELIMINARY AND FINAL REPLATS OF A PORTION OF THE R.E. FORD ADDITION; INTO TATS 1R AND 2R, BLOCK 3 RECOMMENDATION: The Planning and Zoning commission recommended approval with a 7-0 vote at its 11/17/93 meeting. The .555 acre tract is located on the south side of Lindsey Street, between McCormick St., and Interstate 35-E. No public improvementci are required. There is no sidewalk present, but since none was required by the original plat (;946) no sidewalk is required via this replat. The owner, Henry Austin Smith, lives in the house located on the proposed lot 1R. Lot 2R is being split off for speculative purposes. If and when a separate habitable structure is placed on Lot 2R, a separate sewer tap will be required. D=GROUND: The land is currently zoned single-family 71 and no zoning change is anticipated or required. The proposed residential use and lot size is compatible with the character of the neighborhood. Services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid waste, are available. The replats conform to the minimum requirements of the Subdivision and Land Development Regulations; Chapter 34 of the Code of Ordinances. Per requirements, owners within 200 ft., within the original subdivision, have been notified. Pj DEPARTMENTS OR GROUPS AFEECTED: Priperty owner. V FISCAL IMPA I None. Respectfully submitted, 41oyd-VV. Harre 1W City Manager Prepared by, by, G. Owen Yost, ASLA Urban Planner z Approved by, i Frank H. Rob s, AICP Executive Director of PlAnninV i Development ATTACHMENTS! 1. Location map. 2. Original plat. Pre:,iminary replat. 4. Final replat. ATTACHMENT 1 ~-3 P-93.036 R, E, Ford 19J 3 f lp NORTH a~JLJ StrY Lij C-JLJLJ O~ dt\J ILJf❑ t. AA CTM- r. ICSOQY ©O~ ~m s~ ~ ~.J~Q ~fO~J 60 r Mr • o oC~ ~ Wilt am ALI PC Y rA d r ~ J 4 T l r y~ L M . 0 ! air Location Map ATTACHMENT 2 y 7 P-93-036 NORTH (w A, Jv. R.C.FORD SUBDIVISION Original Plat Dale: 11/4/93 Sralc None 7 ATTACHMENT 3 S V P-93-036 R, E, Ford NORTH ~ .5 a 5j ropo a 1R a w InMen,d 0 NM tAl 1 R al tM 10Ify ~!1D_V E Y_ STREET _ rrw lol tR oblaln, Bide. • (C LED 60' R.O.W. ) - ROB. il. o Nalhoat coma 5.00 Acri E 100 Tract N 6871'00 W - 31964 /2' K 70,00 30.00 /2' F.IA zs' B. T 1R Are 10MIAVe, IQ 0 I Y EXISTIHO HOLE z %co O 6 E V100 t)0 E 0 ~~T w ~ 'a L ' ~o\. a s Z ~ I LOT 2R 0~9~Acru J.R. ' f.LR k OTW _ i ~ Preliminary Replat Date: 11/4/93 Scale: None G ATTACHMENT 9 / _7r c;3 P-93.036 R. E. Ford NORTH LINDSEY STFZE-E -r P.OB (CALLED 60' R.O.W. ) f _ Natt,rest caner S W Acre S !1.23'00' E 100.00 Stuck N8673'00' W - 319 b~t~• D,i. 70.00 I e LIj 30.00 i!t• /.i q l_ W 8 LOT 1R 8 Z AIW . D If, AINI js l ~co0 'r ✓ A irQ~ K 10.00 , 11A S 11.23'00' - , e• 1LA. LOT 29 ■ 0,391 Acres 2T r N K I T N 11•SO' S' W 94.94 ' Final Replat Date: 11/4/93 Scale: None A. MINUTES 7- 503 PLANNING AND ZONING COMMISSION D~ NOVEMBER 17, 1993 G A special called meeting of the Planning & Zoning Commission of the City of Denton, Texas was held of November 17, 1993 at 5:00 p.m. in the Council Chambers at 215. E. McKinney Street. Present at P&Zt Chairman Engelbrecht, Mike Cochran, Richard Cooper, Katie Flemming, Dr. Mary Evelyn Huey, Dick Norton, and Barbara Russell. Absent from P&2t None. Present from staff; Frank Robbins, Executive Director of Planning and Development; Owen Yost, Urban Planner; Mike Bucek, Assistant City Attorney; Gerald Cosgrove, Engineering Administrator for Water/Wastewater; David Salmon, Assistant City Engineer; Cindy Cranford, Secretary. Chairman Engelbrecht called the meeting to order at 5;00 p.m. I. Consider recommending the preliminary & final replats of a portion of the R.E. Ford Addition into Lots 1R and 2R, Block 3. The .555 acre tract is located on the southside of Lindsey Street between McCormick street and I-35. STAFF REPORT= by Owen Yost Mr. Yost reported that the .555 acre tract is located on the Southside of Lindsey Street and 1-35E. No public improvements will be required. No sidewalk will be required by the replat since there was none required in the original plat in 1946. The owner lives on the pro{ +sed Lot 1R. When lot 2R comes under separate ownership a separate sewer tap will be required. Current toning is SF-7, Tha proposal will be compatible with the area, The replat conforms to minimum requirements of the subdivision and Land Development Regulations Chapter 34 of the Code of Ordinances. RECOMMENDATION; The Development Review Committee recommended approval. Dr. Huey asked why a sidewalk would not be required now because there was not one in the original plan. Mr. Yost explained the proposal was a replat of an original plat, Bocause it was a replat we could not go in at the present time and require a sidewalk if the original plat did not requira one. Minutes ~S w Planning and zoning commission f~ November 17, 1993 Page 2 Mr. Cooper made the motion to recommend the preliminary and final replats of a portion of the R.E. Ford Addition into Lots 1R and 2R, Block 3. The .555 acre tract is located on the southside of Lindsey Street between McCormick Street and I-35. Mr. Cochran seconded and the motion carried unani,,aously (7-0). II. Inform the Planning and Zoning Commission of a protected tree on Malone street at Newton Rayzor Elementary School in conjunction with a sewer main installation, STAFF REPORT= by David Salmon Mr. Salmon reported that on Friday October 29, 1993, a 12 inch Sugarberry tree was removed in front of Newton Rayzor Elementary School on Malone Street during the construction of a 15 inch sanitary sewer line adjacent to the tree. The tree was not removed intentionally but fell as the contractor was trenching near it. The tap root was rotted and the tree was supported by its feeder roots. The school is aware of the tree being removed but was not concerned. it was the intent of staff to inform the commissioners of the removal and get direction if necessary. Dr. Huey made the motion to commend the department and taYa no further action. Ms, Flemming seconded and the motion carried unanimously (7-0). III& IV Directorts Report and Future Agenda Itemsi Mr. Robbins reported that there would be eight (8) items on the agenda for December 8s He said the SUP for Delta Chi would also be moved to the meeting on the 8th. The meeting will be a long one because it will also be a joint meeting with the Airport Advisory Boards Mrs Robbins talked about the Vision retreat, and encouraged the commissioners to be involved in one or more of the six impact areas that have been defined. Mr. Robbins talked some about the idea that it is hard to do development in Denton. The commissioners discussed various aspects of development. It was mentioned by Or, Huey that there should be more talk about the positive side of developing in Denton, The meeting adjourned at 5145. L • ==CITY--' -COUNC: rw•.+wwM ~ f,~CGCL~;~~ o s ~ "'IdANO -0 A0014alfe C ` Date DATE$ 12- QITY CO ~unTr aroneT~,~ 0 TOi Mayor and Members of the City Council FROMI Lloyd V. Harrell, City Manager SUBJt Approval of ordinances for expenditure of General Funds for Human ;Services. RECOMMENDATIONt Approve ordinances authorising the Mayor to sign contracts between the City of Denton and SPAN, Friends of the Family, and Fred Moore Child Care Center. BAg& ROLr2 i During the spring funding hearings, the Human Services Committee received requests from human services agencies. The Human Services Committee reccommended funding in the amount of $1480300 as their 1993-1994 Human Services budget. On September 7, 3993, City Council approved that budget. Maul The approved budget specified the use of $33,000 by Friends of the Family to provide social service programs, *28,000 by Fred Moore Child Care to provide child care to low income familiea, and $26,000 by SPAN to provide social service programs to elderly oitisens. N/A FISCAL IMPACTS The 1993-1994 budget includes the Human 8ervioes Budget Allocation. FIICAL IMPACTI The 1993-1994 budget includes the Human Services Budget Allocation. Respectfully submittedt I Lloyd V. Harrell, City Manager Prepared byi Eric Billips, e:;O' Human Services Specialist I Approvedi ran Robbins, AICP Executive Director for Planning i Dwelopment. i ~ ~CITY_ COVNC: ~ s* r r - i ~a Agenda No Agendalte %~-~~t _ Wte 7 _ ORDINANCE NO. AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND FRED MOORE CHILD CARE CENTER; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMEN'T'; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDIh-j FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to Fred Moore Child Care Center, in consideration of the valuable public services to be furnished by Fred Moore Child Care Center to the City of Denton in accordance with the "Funding Agreement" attached here- to; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION i That the City Council hereby approves the "Funding Agreement" attached hereto, between the City of Denton and Fred Moore child care Center, acid authorizes the Mayor to execute said agreement. SECTION IT, That the City Council authorizes the expenditure of funds in the manner and amount as specified in the Agreement. SECTION III. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the _ day of 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY \Li `}7 By: AM00056 I f AGREEMENT BETWEE27 THE CITY OF DENTON, TEXAS AND FRED MOORE CHILD CARE CENTER This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and the Fred Moore Child Care Center, a non-, profit corporation with offices at 821 Cross Timber, Denton, Texas 76201, (hereinafter referred to as Agency); WHEREAS, the City's Human Services Committee (HSC) has reviewed the services of the Agency and has determined that the Agency per- forms an important human service for the residents of Denton with- out regard to race, religion, color, age or national origin, and therefore HS^. recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits assis- tance and has provided for Twenty-eight Thousand No/100 Dollars ($28,000.00) in its budget; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCCO.OF SERVICE The Agency shall in a satisfactory and proper manner perform the following tasks: A. To provide low cost day care to low income families where both parents work. B. To provide two nutritional meals, breakfast and lunch, for the children it serves. C. Agency shall perform those services described in the Work Statement herein attached as Exhibit A. II. OBLIGATIONS OF AGENCY In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: A. It will establish a separate bank account for deposit of the Twenty-eight Thousand and No/100 ($28,000.00) Dollars paid to the Agency by the City and the only expenditures from this account, until such time as said funds are exhausted, shall be for those expenses listed in the scope of services as provided for herein. Agency shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. 1 PV 8. It will establish, operate, and maintain an account system for this program that wil-1 allow for a tracing of funds and a re- view of the financial status of the program. C. it will permit authorized officials for the City of Denton to review its books at any time. D. it will reduce to writing all of its rules, regulations, and policies and file a copy with the City's community Development of- fice along with any amendments, additions, or revisions whenever adopted. E. It will not inter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. F. At the discretion of the City, the Agency may be required to refund the balance of the special account to the City of Denton at the end of the Agency's fiscal year. G. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Executive Director of Finance or his authorized representative for further direction. H. It will appoint a representative who will be available to meet with the Executive Director of Finance and other City officials when requested. 1. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, its employees, and/or contractors and save and hold the City harm- less from all liability, incl_iing costa, expenses and attorneys fees, for or on account of, any claims, audit exceptions, suits, or damages of any character whatsoever resulting in whole or in part from the performance or omission of any act of any employee, agent or representative of the Agency. 3. Each year, it will submit to the City a copy of its year-end audited financial statement. III. TIME OF PERFORMANCE The services funded by the City shall be undertaken by the Agency within the following time frame: October 1, 1993 through September 30, 1994. PAGE 2 /.2 s IV. METHOD OF PAYMENT A. Payment by the City for services provided hereunder will be made as follows; provided, that Agency shall request said payment by letter addressed to: City of Denton, 105 ~ W. Hickory Street, Denton, Texas 76201, Attn: Human Services Coordinator: $7,000 on or after January 1, 1994 $7,000 on or after April 1, 1994 $7,000 on or after July 1, 1994 $7,000 before September 30, 1994 B. It is expressly understood and agreed that in no event under the terms of this Agreement will the total compensation to be paid hereunder exceed the maximum sum of Twenty-Eight Thousand No/100 Dollars ($28,000.00) for all of the services rendered. C. The City shall not be obligated or liable under this Agreement to any party other than the Agency for payment of any monies or provision of any goods or services. V. EVALUATION The Agency agrees to participate in an implementation and main- tenance system whereby the services can be continuously monitored. The Agency agrees to make available its financial records for re- view by the City at the City's discretion. In addition, the Agency agrees to provide the City the following data and reports or copies thereof: A. All external or internal audits. Agency shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. C. Quarterly performance reports, to be submitted in January, April, July and September, to tP olude the followi'4 data: 1. Number of children served each month. 2. Income level of families participating in program. 3. Race and/or ethnicity of participating children. Agency shall submit quarterly financial statements to City in January, April, July, and September. Each statement shall include expenses and income, outstanding obligations and beginning and ending balances. PAGE 3 i Pay s 9 VI. DIRECTORS' MEETINGS During the term of this Agreement, the Agency shall deliver to the City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be de- livered in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Agency understands and agrees that City representatives shall be afforded access to all Board of Director's meetings. Minutes of all meetings of the Agency's governing body shall be available to the City within ten (10) working days of approval. VII. SUSPENSION OR TERMINATION The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause. Cause shall include but not be limited to the following: A. Agency's improper, misuse, or inept use of funds. B. Agency's failure to comply with the terms and conditions of this agreement. C. Agency's submission of data or reports that are incorrect or incomplete in any material respect, or D. Appointment of a trustee, receiver or liquidator for all or a substantial part of the Agency's property, or institution of bank- ruptcy, reorganization, rearrangement of or liquidation proceedings by or against the Agency. E. If for any reason the carrying out of this agreement is ren- dered impossible or infeasible. In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not consti- tute a waiver of any claim the city may otherwise have arising out of this Agreement. VIII. EQUAL OPPORJUNITY A. Agency will submit for City approval, a written plan for com- pliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Agreement. PAGE 4 a g s_ . 9.4 3, Ix qd'-r 8. Agency shall comply with all applicable equal employment op- portunity and affirmative action laws or regulations. C. Agency will furnish all information and reports requested by the City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of the Agency's non-compliance with the non- discrimination requirements, the Agreement may be cancelled, termi- nated, or suspended in whole or in part, and the Agency may be barred from further contracts with the City. IX. CONFLICT OF INTEREST A. The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Agency further covenants that in the performance of this Agreement, no person having such int-e.-est shall be employed or appointed as a member of its governing body. H. The Agency further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others; particularly those with which he has family, business, or other ties. C. No officer, member, or employee of the City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof, X. NEPOTISS Agency shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Agency, or is a member of Agency's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. PAGE 5 _d 3 sus XI. NOTICE tog ? u 9 Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Agency or City, as the case may be, at the following addresses: CITY AGENCY City of Denton, Texas Director Attn: City Manager Frcd Moore Child Care Center 215 E. McKinney P. 0. Drawer N Denton, TX 76201 Dentnon, TX 76202 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the _ day of , 1993. CITY OF DENTON, TEXAS BY: BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY 1 / r BY: e LL, h. PAGE 6 4:we~ Fey ~ g~° FRED MOORE CHILD C E CENTER DIRECTO I ATTEST: BY: SECRETARY AAA00056 i I PAGE 7 i i i 16 EXHIBIT A WORK STATEMENT FRED MOORE CHILD CARE The Fred Moore Care Center is a non-profit child care center which provides child care on a sliding scale. Children six weelz through five years of age are eligible for the program. Ninety percent of the children are from low income fanulies. The parents must be working to be eligible to enroll their child. The purpose of the center is to provide a safe, healthly environment that will meet the development needs of the child. Activities are designed for each age group to meet the individual and group needs. 'the curriculum includes creative arts, motor skills, speech development, music as well as personal hygiene and manners. Ile center provides breakfast, lunch and an afternoon snack for each child. All meals meet the USDA food requirements for children In child care. ITY COUNG F+- (J~~ t. s Lill LM ppeeeaNo 3- Df5" AgendatleaL Date PO / 7 ORDINANCE NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FRIENDS OF THE FAMILY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THC EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to Denton County Friends of the Family, in consideration of the valu- able public services to be furnished by Denton County Friends of the Family to the City of Denton in accordance with the "Agreement" attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves the "Agree- ment" attached hereto, between the City of Denton and Denton County Friends of the Family, and authorizes the Mayor to execute said Agreement. SECTION II. That the City Council authorizes the expenditure of funds in the manner and amount as specified in the Agreement. SECTION III That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the _ day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I BY: APPROVED AS TO L'GAL FORM: DEBRA A. DPAYVVITCH, CITY ATTORNEY BYs AAA00050 a AGREEMENT BETWI38N THE CITY OF DENTONj TEXAS AND DENTON COUNTY FRIENDS OF THE FAMILY This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rl:le MuniCip31 Corporation, hereinafter referred to as "City", and the Denton County Friends of the Family, a non-profit corporation, P. O. Box 623, Denton, Texas 76202, hereinafter referred to as "Agency"; WHEREAS, the City's Human Services Committee (HSC) has reviewed the services of the Agency and has determined that the Agency per- forms an important service for the residents of Denton without re- gard to race, religion, color, age or national origin, and HRC recommends funding the Agency; and WHEREAS, the City has determined that tha Agency merits assis- tance and can provide needed services to citizens of the City and has provided funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: I. ,SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by the City may be used: A. Provide emergency residential shelter to women and their children, who are victims of domestic violence. B. Provide counseling, on both a residential and nonresident-iai basis, to family members, to assist them in dealing with the emotional and physical trauma of domestic violence. C. Provide counseling services to victims of rape and their domestic. D. Provide community education services concerning rape and domestic violence. E. Agency shall perform those services described in the Work Statement herein at*ached as Exhibit A. II. OBLIGATIONS OF AGENCY In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: A. It will establish a separate bank account for deposit of the Thirty-three Thousand and No/100 ($33,000.00) Dollars paid to the Agency by the City and the only expenditures from this account, until such time as said funds are exhausted, shall be for those expenses listed in the scope of services as provided for herein. Agency shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. B. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It. will permit authorized officials for the 'ity of Denton to review its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with the city's Community Development Office along with any amendments, additions, or revisions whenever adopted. E. It till not enter into any contracts that would encumber the City fund,, for a period that would extend beyond the term of this Agreema r. t . F. At the discretion of the City, the Agency may be required to refund the balance of the special account to the City of Denton at the end of the Agency's fiscal year. G. It will promptly pay all bills when submitted unless there is a discrepancy in a bill: any errors or discrepancies in bills shall be promptly reported to the Executive Director of Finance or his authorized representative for further direction. H. It wily. appoint a representative who will be available to meet with the Executive Director of Finance and other City officials when requested. 1. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, its employees, and/or contractors. J. It will submit to the City of Denton copies of year-end audited financial statements. III. TIME OF PERFORMMCE The services funded by the City shall be undertaken by the Agency within the following time frames October 1, 1993 through September 30, 1994. PAGE 2 I! o s 3: - 113 SOL /,2 7-93 IV, METHOD OF PAYMENT A. Payment by the City for services provided hereunder will be made as follows; provided, that Agency shall request said payment by letter addressed to: City of Denton, 110 West Oak, Suite B, Denton, Texas 76201, Attn: Community Development Coordinator: $8,250,00 on or after January 1, 1994 $8,250,00 on or after April 1, 1994 $8,250,00 on or after July 1, 1994 $8,250,00 on or after September 30, 1994. B. It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be paid hereunder exceed the maximum sum of 'Thirty-three Thousand and No/100 Dollars ($33,000.00) for all of the services rendered. C. The City shall not be obligated or liable under this contract to any party other than the Agency for payment of any monies or provision of any goods or services. V. EVALUATION The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. The Agency agrees to make available its financial records for review by the City at the city's discretion. In addition, the Agency agrees to provide the City the following data and reports or copies thereof: A. All external or internal audits. Agency shall submit a copy of the annual independent audit. to City within ten (10) days of receipt. B. All external or internal evrluation reports. C. Quarterly performance reports to be submitted in January, April, July and September, to include the following data: 1. shelter services: a. Total number of clients served. b. Number of shelter days. c. Number of client counseling hours. 2. Hotline crisis line: a. Total number of calls. b. Number of family violence calls. c. Number of batterer calls. d. Number of sexual assault calls. PAGE 3 / 2 7.93s2 3. Outreach services: a. Number of family violence calls. b. Number of sexual assault victims served. c. Number of batterers served. d. Number of total clients counseling hours. e. Number of homemaker's clients served and number of hours served. f. Number of adult parenting clients served. g. Number of total parenting hours. 4. Number of volunteers. 5. Number of volunteer hours. 6. Race and/or ethnicity of clients. D. The Agency agrees to submit quarterly financial statements in January, April, July, and September. Each statement shall include current and year-to-date period accounting of all revenues, expenditures, outstanding obligations and beginning and ending balances. E. An explanation of any major changes in program services. VI. DIRECTOR'S MEETINGS During the term of this Contract, the Agency shall cause to be delivered to the City copies of all notices of meetings of its Board of Directors, setting forth the and place thereof. Such notice shall be delivered to the City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Agency understands and agrees that City representatives shall be afforded access to all Board of Director's meetings. Minutes of all meetings of the Agency's governing body shall be available to the City within ten (10) working days of approval. VII. SUSPENSION OR TERMINATION In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reazanable date for compliance. In case of termination, the Agency will remit to the city any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim the City may otherwise have arising out of this agreement. PAGE 4 l VIII. EQUAL, OPPORTUNITY A. Agency will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Contract. B. Agency shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. Agency will furnish all information and reports requested by the City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of the Agency's non-compliance with the non-discrimination requirements, the Agreement may be cancelled, terminated, or suspended in whole or in part, and the Agency ray be barred from further contracts with the City. IX. CONFLICT OF INTEREST A. The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Agency further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. The Agency further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others; particularly those with which he has family, business, or other ties. C. No officer, member, or employes of the City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest= or (2) have any interest, direct or indirect, in this contract or the proceeds thereof. X. NEPOTISM Agency shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Agency, or is a member of Agency's governing board. PAGE 5 I I w r s -3 The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. XI. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Agency or City, as the case may be, at the following addresses: CITY AGENCY City of Denton, Texas Director Atn: City Manager Friends of the Family 215 E. McKinney P. 0. Box 623 Denton, TX 76201 Denton, TX 76202 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. f IN WITNESS WHEREOF, the parties do hereby affix their signa- tures and enter into this Agreement as of the _ day of 1993. i CITY OF DBNTON, TEXAS BY: BOB CASTLEBERRY, MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: ~4.Zt wt PAGE 6 x id y DENTON COUNTY FRIENDS OF THE FAMILY BY: DIRECTO • L(l ATTEST., BY: S CRETARY 9 AM00050 { i PAGE 7 I 4 EXHIBIT A WORK STATEMENT FRIENDS OF THE FAMILY 1 Denton County Friends of the Family, inc. provides a full realm of services to victims of family violence and sexual assault. The services provided free of charge to victims include a 24-hour, l day a week hotline, an emergency shelter for women and their children who are in danger due to family violence, children's programs in the shelter and outreach offices, individual program and group counseling for victims, a sexual assault recovery program which includes rape crisis Intervention 24-hours a day, accompaniment and advocacy throughout the legal system, homemaker services for referred CPS cases, and parenting education. In addition to the above services provides for victims, individual and group therapy Is provided for family violence offenders based on a sliding fee seek. -CITY COUNC: a~ ccccc: ~ r ` s. r 0 ~ 4 QaCCC".;ACC.'-= AAohdj No AgoidaItorm , Dole t,"/ ORDINANCE NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS, INCORPORATED; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE !XPENDITURE OF FUNDS THERE- FOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to services Program for Aging Needs, Incorporated, in consideration of the valuable public services to be furnished by services Program for Aging Needs, Incorporated to the City of Denton in accordance with the Agreement attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the city council hereby approves the Agreement attached hereto, between the City of Denton and Services Program for Aging Needs, Incorporated, and authorizes the Mayor to execute said agreement. SECTION II. That the City Council authorizes the expenditure of funds in the manner and amount as specified in the Agreement. SECTION III. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BYs L AM00066 0 i I, y 3 0 ~!s Agenda No Agendalte+rU AGREEMENT BETWEEN THE oete CITY OP DENTON, TEXAS AND SERVICES PROGRAM FOR AGING NEEDS, INCORPORATED This Agreement is hereby entered into by and between the city of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and Services Program for Aging Needs, Incorpo- rated, a non-profit corporation, 1800 Malone, Denton, Texas 76201 (hereinafter referred to as Agency); WHEREAS, the City's Human Services Committee (HSC) has reviewed the services of the Agency and has determined that the Agency per- forms an important human service for the residents of Denton without regard to race, religion, color, age or national origin, and there- fore HSC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits assis- tance and can provide needed services to citizens of the City, and has provided for funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE gZ SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks: A. Help older citizens remain independent and as fully active in the community as they choose. B. Provide a hot meals program five days a week at Denton Senior Center, Heritage Oaks and 71.irtin Luther King, Jr. Recreation Center. C. Offer information and referral services for older persons at the SPAN Central Office. D. Provide a nutrition program at Denton Senior Center. E. Provide homemaker services and benefits counseling for elderly citizens. F. Assist senior citizens in arranging for or obtaining needed services and provided benefits counseling such as assistance in filing for insurance, social security benefits, housing subsidies, etc. PAGE 1 G. Agency mall also provide those services described in the Work Statement herein attached as Exhibit A. II. OBLIGATIONS OF AGENCY In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: A. It will establish a separate bank account for deposit of the Twenty-six Thousand and No/100 {$26,000.00) Dollars paid to the Agency by the City and the only expenditures from this account, until such time as said funds are exhausted, shall be for those Expenses listed in the scope of services as provided for herein. Agency shall not commingle fund:; received from other sources in this account and shall not utilize these funds for any other purpose. B. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It will permit authorized officials for the City of Denton to review its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with the City's Community Development Office along with any amendments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber the City funds for a period that would extend beyc•nd the term of this Agreement. F. At the discretion of the City, the Agency may be required to refund the balance of the special account to the City of Denton at the end of the Agency's fiscal year. G. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Executive Director of Finance or his authorized representative for further direction. H. It will appoint a representative who will be available to meet with the Executive Director of Finance and other City officials when requested. 1. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, its employees, and/or contractors and save and hold the City harmless from all liability, including costs, expenses and attorneys PAGE 2 vr~,; NO Aye%e czm, _ L!?- fees, for or on account of, any claims, audit exceptions, suits, or darages of any character whatsoever resulting in whole or in part from the performance or omission of any act of any employee, agent or representative of the Agency. J. It will submit to the City of Denton copies of year-end audited financial statements. III. TIME OF PERFORMANC The services funded by the City shall be undertaken by the Agency within the following time frame: October 1, 1993 through September 30, 1994. IV. METHOD OF PAYMENT A. Payment by the City for services provided hereunder will be made as follows; provided, that Agency shall request said payment by letter addressed to: city of Denton, 105 West Hickory, Dentun, Texas U2010 Attn: Community Development Coordinator: $6,500 on or after January 1, 1994 $6,500 on or after April 1, 1994 $6,500 on or after July 1, 1994 $6,500 on September 30, 1994 8. It is expressly understood and agreed that in no event under the terms of this Agreement will the total compensation to be paid hereunder exceed the maximum sum of Twenty-six Thousand No/100 Dollars ($26,000.00) for all of the services rendered. It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the city of Denton. C. The City shall not be obligated or liable under this Agreement to any party other than the Agency for payment of any monies or provision of any goods or services. i V. EVALUATION The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. The Agency agrees to make available its financial records for review by the City at the city's discretion. In addition, the Annncy agrees to provide the City the following data and reports, or copies thereof: A. All external or internal audito. Agency shall submit a copy of the annual independent audit to City within ten (10) days of receipt. H. All external or internal evaluation reports. PAGE 3 a Benda Na ~ -v s- ayenda:tem_ t~--~-~ C. Quarterly performance reports to be submitted in January, April, July and September, to include the following data: 1. Number of meals served at Denton Senior Center, Martin Luther King Jr. Recreation Center and Heritage Oaks each month. 2. Number of information and referral requests handled quarterly. 3. Number of persons assisted under each available social service program. 4. Race and/or ethnicity of clients. D. Agency shall submit quarterly financial statements in January, April, July, and September for the preceding quarter, which shall include expenses and income. VI. DIRECTORS# MEETINGS During the term of this Agreement, the Agency shall cause to be delivered to the City copies of all notices of meetings of Its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to the City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Agency understands and agrees that City representatives shall be afforded access to all Board of Director's meetings. Minutes of all meetings of the Agency's governing body shall be available to the City within ten (10) working days of approval. VII. SUSPENSION OR TERMINATION The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause. Cause shall include but not be limited to the followings A. Agency's improper, misuse, or inept use of funds. B. Agency's failure to comply with the terms and conditions of this agreement. C. Agency's submission of data and/or reports that are incorrect or incomplete in any material respect, or D. Appointment of a trustoe, receiver or liquidator for all or a substantial part of the Agency's property, or institution of bankruptcy, reorganization, rearrangement of or liquidation pro- ceedings by or against the Agency. PAGE 4 • Agenda No _ o s Ayea~ia!temIJ6_-(L~c Cate Z_-23 E. If for any reason the carrying out of this agreement is rendered impossible or infeasible. In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not con- stitute a waiver of any claim the City may otherwise have arising out of this Agreement. VIII. EQUAL OPPORTUNITY A. Agency will submit for city approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Agreement. B. Agency shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. Ci Agency will furnish all information and reports requested by the Cty, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of the Agency's non-compliance with the non- discrimination tequirements, the Agreement may be cancelled, termi- nated, or suspended in whole or in part, and the Agency may be barred from further Agreements with the City. IX. CONFLICT OF INU2M A. The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Agency further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed at a member of its governing body. B. The Agency further covenants that no member of its gover,3ing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. I i PAGE 5 ' I I I +genda No .._.1-- SgenUa~±em~ Cate C. its governing fbody ~whom exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. I X. NEPOTISM Agency shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Agency, or is a member of Agency's governing board. The term "member of immediate family" inoludest wife, husband, son, d!%aghter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. XI . KQ i" Any be delivered under the termseofithis instrument ishall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Agency or City, as the case may be, at the following addresses: CITY AGENCY City of Denton, Tcxas Director Attnt City Manager Services Program for Aging Needs 215 E. McKinney 1800 Malone Street Denton, TX 76201 Denton, TX 76201 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. IN WITNESS WHEREOF, the parties du hereby affix their signatures and enter into this Agreement as of the _ day of 1993. , CITY OF DENTON, TEXAS BOB CASTLEBERRY, MAYOR PAGE 6 i I 4~eodaNO 1-z- x~ -ra Abend item._;-!C Cate ATTESTt JENNIFER WALTERSo CITY SECRETARY BYt APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCHo CITY ATTORNEY i BY[ f s t SE[.VICE3 'OROGRAM FOR AGING NEEDS t t DIRECTOR ATTESTt P I } I If ~l'~j. fl L Ji` ECP,ETARY t i f AM00066 PAGE 7 e 6<M na Exhibit "A" Agen4aNo. AQead2~tom,~ S~ Work Statement We SPAN / d SPAN provides support to the older population so that they may continue to reside in their own homes and function actively in the community, This is accomplished through providing nutritious meals in homes and local centers, providing a facility that can serve as a resource center, providing assistance with various financial assistance and/or claims application, providing an automatic monitoring system to link frail elderly to emergency services, and providing case management to ensure that frail elderly needs are being met. Funding from the city helps to ensure that the aforementioned services are provided to the elderly. i l ~ CITY COUNC: ~1(~1~~1rr.I.Iff~'~ ~Yy~Vwl11 M++~ L 4 i t Awdik Ap pda Ile ale- `y DATBt 12-07-93 1 c' CITY COUNCIL REPORT -FORKMAT Tot Mayor and Members of the City Council FROMt Lloyd V. Merrell, City Manager SUBJt Approval of ordinances for expenditure of cDBG Program Funds for Human Services, RRCOMNBNDATIONI Approve ordinances authorising the Mayor to sign contracts between the City of Denton and North Texas Community Clinics and the United Nay, BAC1fGR0UND t on may i8, 1993, sty council approved the 1993 Pinal Statement of Objectives and Projected Use of Funds for the Community Development Block Grant Program, The Pinal Statement specified the use of $35,000 by the North Texas Community Clinics to provide prenatal care to indigent women and $20,000 by the United Way to provide opportunities for children in the Owslay Addition to participate in cultural and recreational programs provided by local agencies. @UXm"gt Contracts state that approved expenditures for the above listed programs will be reimbursed for the period of October ip 1993 through September 300 1993. PROGRAMS DLPARTMLNTB OR GROUPS AFFLCTFDt The Community Development staff will administer each contract and compliance by subrecipients with all pertinent federal regulations, FISCAL IMPACTt There will be no impact on the general Fund, All expeditures under contracts and all City staff activities are paid from grant funds, ,wv qa~ • O ApendaNo Agenda lfe i 5 Data ~---Jt2-24Y f_a Respect ully submitt 1 L yd V, Harrell City Manager Prepared byi 4 Eric Billipp , Human eervices gpeoialist Approvedt p I if Robbins, A2CP Executive Director for Planning i Development i ;CITY= COUNC: CCU i ~ c it\~OOCf10AD\UMIiE0.0 A *N0- uete sEt - .~7M - ORDINANCE NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND UNITED WAY OF DENTON COUNTY, INC.; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to United Way of Denton County, Inc. in consideration of the valuable public services to be furnished by United Way of Denton County, Inc., through the Rainbow Connection Program, to the City of Denton in accordance with the Agreement attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION T~ That the City Council hereby approves the Agrasment attached her.ato, between the City of Denton and United Way of Denton County, Inc., and authorizes the Mayor to execute said Agreement. SECTION 21. That the City Council authorizes the expenditure of funds in the amount' of Twenty Thousand and no/100 Dollars ($20,000.00), and in the manner as specified in the Agreement. SECTION 222. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: djA Et \1i000f V(WE11ED. W T agenda No. 2 -0'fS Age 1i d a 7 to rt~ ~`iS3~.. re!e AGREEMENT BETWEEN THE CITY OF DENTON AND UNITED WAY OF DENTON COUNTY, INC. This Agreement is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its Mayor, pursuant to ordinance, hereinafter referred to as CITY, and United Way of Denton County, Inc., 525 N. Locust, Denton, Texas 76201, a Texas non-profit corporation, hereinafter referred to as CONTRACTOR. Department Aof Housing has Urbanddevcertain elopment funds Title the of~ the Housing and Community Development Act of 1974, as amended; and WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for United Way's Rainbow Connection Program; and WHEREAS has the as the divisionlre ponsibleg tore the administration eofpthis AOffic gree- ment and all matters pertaining thereto; and WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project; Now, THEREFORE, the parties hereti agree, and by the execu- tion hereof are bound to the mutual obligations and to the perfor- mance and accomplishment of the conditions hereinafter described. I. TERM shall This Agreement shall commence on or as of October 1, 19931 and Requestsf oraext nsion must be~in9writing and area tod be b the s bmitted to the Community Development Office on or before the Agreement termination date. II. RESPONSIBILITIES CONTRACTOR hereby accepts the responsibility for the perfor- mance of all services and activities described in the Work state- ment attached hereto as Exhibit A, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR'S executive officer to be CONTRAC- TOR's representative responsible for the management of all contrac- tual matters pertaining hereto, unless written notification to the contrary is received from CONTRACTOR, and approved by CITY. vQenCnNo 3 Pf 3 7 f The CITY'S Community Development Administfator will be CITY'S representative responsible for the administration of this Agree- ment. III. CITY18 OBLIGATION A. Limit of Liability, CITY will reimburse CONTRACTOR for expenses incurred pursuant hereto in accordance with the project budget included as a part of Exhibit B, Notwithstanding any other provision of the Agreement, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of $20,000.00. B. Pleasure of Liability. In consideration of full and satisfactory services and activities hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached sub- ject hereto to he limitations and iprovisionspsetoforth in this Sect on and Section VII of this Agreement. (1) The parties expressly understand and agree that CITY's actual receipt iofsadequate Community Development e Block o Grant under this Section are (CDBG) funds to most CITY's liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, CITY s::all notify CONTRACTOR in writing within has been determined. CITY a reasonable time reduce t the amount of its liability, may, at its option, after as specified in Subsection A of this Section or terminate the Agreement. If CDBG funds eligible for use for purposes of fur- this payments t duare e to reduced, CONTRACTOR uder this Agreement. (2) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Denton. (3) CITY shall not be liable for any cost or portion thereof whiehs (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other sourcel (b) was incurred prior to the beyinning date, or after the ending date specified in Sec- { tion it (c) is not in strict accordance with the tome of this Agreement, including all exhib- its attached heretot PAGE 2 r geada ^to y~- ic.e~d~:,tem~~ p lie (d) has not been billed to CITY within thirty (30) calendar days following billing to CON- TRACTOR, or termination of the Agreement, whichever date is earlier; or (e) is not an allowable cost as defined by Section XI of this Agreement or the project budget. (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of CON- TRACTOR requiring prior written authorization fr*a CITY, or after CITY has requested that CONTRACTOR furnish data concern- ing such action prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed. (5) CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR for payment of any monies or provision of any goods or services. IV. COKPLIAUCE *ITE FEDERALp STATE and LOCAL LAMS A. CONTRACTOR understands that funds provided to it pursuant to this Agreement are funds which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, CONTRACTOR assures and certifies that it will comply with the requirements of the Housing and Community Development Act of 1574 (P.L. 93-393) as amended and with regulations promulgated thereunder, and codified at 24 CFR. The foregoing is in no way meant to constitute a complete compila- tion of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards which CONTRACTOR must follow. CONTRACTOR further assures and certifies that if the regula- tions and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section XXIV of this Agreement. CONTRACTOR agrees to abid6 by the conditions of and comply with the requirements of the Office of Management and Budget Circulars Nos. A-110 and A-122. B. CONTRACTOR shall comply with all applicable federal laws, laws of the state of Texas and ordinances of the City of Denton. PAGE 3 a s~;ea~!~,~tem~- TS 0 V. REPRESENTATIONS A. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. Be The person or persons signing and executing this Agree- ment on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Agreement to enter into this Agreement. CONTRACTOR is liable to CITY for any money it has received from CITY for performance o1 the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section. D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other oenefits which would have been available to, or provided through, CONTRACTOR had this Agreement not been executed. vie PERFORMANCE BY CONTRACTOR CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the WORK STATEMENT, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in Exhibit B, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satis- factory performance of the program, as determined solely by CITY and in accordance with all other terms, provisions and requirements of this Agreement. No modifications or alterations may be made in the Work State- sent without the prior written approval of the City's Community Development Administrator. vise PAYMENTS TO CONTRACTOR Ae Payments to Contraotore The CITY shall pay to the CON- TRACTOR a maximum amount of money totaling $20,000 for services PAGE 4 I i i kendaNo Abvdzltem~i_s Cale ~.4; rendered under this Agreement. CITY will pay these funds on a reimbursement basis to the CONTRACTOR within twenty days after CITY has received supporting documentation. CONTRACTOR's failure to request reimbursement on a timely basis may jeopardize present or future funding. as tscess Payment. CONTRACTOR shall refund to CITY within which h&3 CITY reest, an sum of ten (paid by working CITY days of and which CITY's been determines: at a any time thereafter (1) has resulted in overpayment to CONTRACTORi or (2) has not been spent strictly in accordance with the terv.s of this Agreementi or (3) is not supported by adequr.te documentation to fully justify the expenditure. Ce Disallowed Costs. Upon termination of he Agreement, should any expense or charge for which payment has been orbmonitoring by CITY 1 the Department of Housing and Urban Develop- ment, or any other Federal agency, CONTRACTOR will refund such disallowed. notice to amount to Iwhich within (10) working the amount days of a CONTRACTOR, Refunds of disallowed costs may not be made from these or any other funds received from or through CITY. D. Deobligation of Funds. In the event that actual expendi- ture rates deviate from CONTRACTOR's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under- expended funds. se Contract Close Out. CONTRACTOR shall submit the Agree- ment close out package to CITY, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within fifteen (15) working days utilize following fothe rm close agre•d upn by CITY and CONTRACTOR. TOR shall TOR. At the termination of the Agreement, all unclaimed (30 days or older) salaries or wages must be returned to CITY in the following format: (1) A cashier's check for the net aggregate amount pay- able to the City of Dentont (2) A listing showing the Social Security number, full name, last known complete address and the amount owed to each person involved. PAGE 5 I I ~genda+ua T L- agem!GI'em vu I . RARRANTIE8 ate CONTRACTOR represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. 8. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. C. No litigation or legal proceedings are presently pending or threatened against CONTRACTOR. D. None of the provisions herein contravene: or is in con- flict with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRACTOR. E. CONTRACTOR has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by CONTRACTOR to CITY. Each of these representations and warranties shall be continu- ing and shall be doomed to have been repeated by the submission of each request for payment. =s. COVENANTS A. During the period of time that payment may be made Ltire- under and so long as any payments remain unliquidated, CONTRACTOR ` shall not, without the prior written consent of the Executive Director of Planning and Development or his authorized representt - ,r tivet (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any pre-existing mortgag- PAGE 6 AwdaNo _4j 0 L-1 13 es, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the perfor- mance of this Agreement and with respect to which CITY has ownership hereunaur. (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guaran- tor, surety, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. B. Should CONTRACTOR use funds received under this Agreement to acquire or improve real property under CONTRACTOR's control, CONTRACTOR agrees and covenants: (1) That the property shall be used to meet one of the national objectives stated in 324 CFR 570 until August 31, 1997. (2) That should CONTRACTOR transfer or otherwise dispose of said property on or before August 31, 1997, CONTRACTOR of the hvaluefair tmarket value of shall reimburse CITY in tortionamount tributable to the property less any p expenditures of non-CDBG funds for acquisition of, or improve- meet to, the property. Y. ALLOWABLE C09T9 A. Costs shall be considered allowable only if incurred directly specifically in the performance of and in compliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B. B. Approval of CONTRACTOR's budget, Exhibit B, doss not constitute iprior written approval, even though certain items may CITY's order appear for her the . following prior to o be written considered authorization allowable costs~ired in o (1) Encumbrance or expenditure during any one month period which exceeds one-twelfth (1/12) of any budgeted line items for costs as specified in Exhibit B. PAGE 7 ..'i GendaNo 3 S (2) CITY shall not be obligated to any third parties, including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Agreement. (3) Out of town travel. (4) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are conducted. (5) Any alterations, deletions or additions to the Personnel Schedule incorporated in Exhibit B. (6) Costs or fees for temporary employees or services. (7) Any fees or payments for consultant servi:es. (8) Fees for attending out of town meetings, seminars or conferences. Written requests for prior approval are CONTRACTOR's responsi- bility and shall be made within sufficient time to permit' a thorough review by CITY. CONTRACTOR must obtain written approval by CITY prior to the commencement of procedures to solicit or pur- chase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of this Agreement must be conducted in its entirety in accordance with the provisions of this Agreement. !I. PROORAM INCOME A. For purposes of this Agreement, program income means earnings of CONTRACTOR realized from activities resulting from this Agreement or from CONTRACTOR's management of funding provided or received hereunder, such earnings include, but are not limited to, income from interest, usage or rental or lease fees, income pro- duced from contract-supported services of individuals or employees or from the use or sale of equipment or facilities of CONTRACTOR provided as a result of this Agreement, and payments from clients or third parties for services rendered by CONTRACTOR under this Agreement. B. CONTRACTOR shall maintain records of the receipt and disposition of program income in the same manner as required for other contract funds, and reported to CITY in the format prescribed by CITY. CITY and CONTRACTOR agree, based upon advice received from representatives of the U.S. Department of Housing and Urban Development (HUD), that any fees collected for services performed by CONTRACTOR shall be spent only for operating expenses. These fees or other program income will be deducted from the regular reimbursement request. PAGE 8 Y k 3 M P C. CONTRACTOR shall include this Sectionqn 1 8 s *nt entire y in re all of its sub-contracts which involve other income-producing services or activities. G. It is CONTRACTOR'S responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the performance thereof, consti- tutes program income. CONTRACTOR is responsible to CITY for the repayment of any and all amounts determined by CITY to be program income, unless otherwise approved in writing by CITY. III. IUIINTZnNCE 0: RICORD. A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compliance with the provisions of Exhibit B, attached hereto, and with any other ap- plicable Federal and State regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Agreement or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. B. CONTRACTOR agrees to retain all books, records, docu- ments, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Agreement for the period of time and under the condi- tions specified by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agreement. D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, HUD, or any of their authorized representatives, all of its records and shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. IIII4 REPORTB AND INlORKRTIOU At such times and in such form as CITY may require, CONTRAC- TOR shall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this Agreement. PAGE 9 o Age Ca Cc'a 3 CONTRACTOR shall submit regular performance reports to CITY no less than once each three months, with the first report due on or befcre December 1, 1993. The performance report shall detail client information, including race, income and other such statis- tics required by CITY. CONTRACTOR agrees to gather information and data relative to all programmatic and financial reporting as of the beginning date specified in Section II and furnish to CITY quarter- ly a report of all income received and funds expended. The first such report is due on December 1, 1993. If the agency receives federal funds in excess of $25,000, from any source, Ar if for any reason an independent audit is conducted, the CONTRACTOR agrees to submit an audit conducted by independent examiners within 10 days after receipt of such. =IV. MONITORING AND EVALUATION A. CITY shall perform on-site monitoring of CONTRACTOR's performance under this Agreement. B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the work Statement, and Program Goals and Objectives, which are attached hereto as Exhibit A, as well as other provisions of this Agreement. C. CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsi- bilities. D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. E. After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings. F. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY within five (5) working days of receipt by CONTRAC- TOR. ZV. DIRECTORS' K=ITING/ During the term of this Agreement, CONTRACTOR shall cause to be delivered to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely manner to give ad4quate notice, and shall include an agenda and a brief descrip- tion of the matters to be discussed, CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of PAGE 10 k k~~~dslVa S _ i~/) ad~,~ua'tem_~- ~13 the Board of Directors' meetings. iij Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY within ten (10) working days of approval. ZVI. INSURANCE A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. B. The premises ca and in which the activities described in Exhibit A are conducted, and the employees conducting these activities, shall be covered by premise liability insurance, com- monly referred to as "Owner/Tenant" coverage with CITY named as an additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrangements. C. CONTRACTOR will comply with applicable workers' compensa- tion statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who alt required to drive a vehicle in the normal scope aAd course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in CONTRACTOR's files. E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of CONTRACTOR. ZT110 EQUAL OPPORTUNITY A. CONTRACTOR shall submit for CITY's approval, a written plan for compliance with the Equal Employmint and Affirmative Action Federal provisions, within thirty (70) days of the effective date of this Agreement. B. CONTRACTOR shall comply with all applicable equal employ- ment opportunity and affirmative action laws or regulations. C. CONTRACTOR will furnish all information and reports re- quested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. PAGE 11 CIA 9-3 Y D. In the event of CON, (ACTOR Is nonfj '~cu prance with the non-dig rimination requirements, City may cancel or terminate the Agreer.:t in whole or in part, .,nd CONTRACTOR may be barred from further contracts with CITY. !11111. PERSONNEL POLICIES Personnel policies shall be established by CONTRACTOR and shall be available for examination. Such personnel policies shall: A. Be no more liberal than CITY's personnel policies, pro- cedures, and practices, including policies with respect to employ- ment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travels and B. Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. iii. CONFLICT OF INTEREST A. CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. CON- TRACTOR further covenants that in the performance of this Agree- ment, no person having such interest shall be employed or appointed as a member of its governing body. B. CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of CITY and no mesrber of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the Interest in any corporation, partnership, or association in which he has direct or indirect interests or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. 2Z. UBPOT184 CONTRACTOR shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, PAGE 12 half-brother and half-sister. lII. 4 POLITICAL OR BRCTARIAN ACTIVITY A. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used, either directly or indirectly, for any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation. B. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used for or applied directly or indirectly to the construction, operation, maintenance or administration, or be utilized so as to benefit in any manner any sectarian or religious facility or activity. 11114 PUBLICITY A. Where such action is appropriate, as determined by and upon written approval of CITY, CONTRACTOR shall publicize the activities conducted by CONTRACTOR under this Agreement. In any news release, sign, brochure, or other advertising medium, dis- seminating information prepared or distributed by or for CONTRAC- TOR, mention shall be made of the U.S. Department of Housing and Urban Development funding through the City of Denton having made the project possible. S. All published material and written reports submitted under this project must be originally developed material unless otherwise specifically provided in this Agreemont. When material not originally developed is included in a report, the report shall identify the source in the body of the report or by footnote. This provision is applicable when the material is in a verbatim or extensive paraphrase format. All published material submitted under this project shall include the following reference on the front cover or title pages This document is prepared in accordance with the City of Denton's Community Development Block Grant Pro- gram, with funding received from the United States Department of Housing and Urban Development. C. All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of basic proposal, or contracts and any responses, inquiries, correspondence and related material submitted by CONTRACTOR shall become the property of CITY upon receipt. PAGE 13 k ,A K c "s 3 x2III . FUNDING APPLICATIONS OPP CONTRACTOR agrees to notify CITY each time CONTRACTOR is preparing or submitting any application for funding in accordance with the following procedurest A. When the application is in the planning stages, CONTRAC- TOR shall submit to CITY a description of the funds being applied for, and the proposed use of funds. 8. Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notify CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted hereunder, Such notice shall be submitted to CITY, in writing, within tcn (10) working days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the budget, program description, and Agreement. C. CONTRACTOR shall not use funds provided hereunder, either directly or indirectly, as a contribution, or to prepare applica- tions to obtain any federal or private funds under any federal or private program without the prior written consent of CITY. I ti IIIV. CHANGES AND AKINDKINTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. 8. CONTRACTOR may not make transfers cetween or among approved line-items within budget categories set forth in Exhibit e without prior written approval of CITY, CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. C. CONTRACTOR will submit revised budget and program in- formation, whenever the level of funding for CONTRACTOk or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit D. D. It is understood and agreed by the part'es hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. An such modi- fications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. PAGE 14 ti p: 1 t scJr~ % 8-7-13 ~ E. CITY may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of CONTRACTOR's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of CITY. G. CONTRACTOR agrees to notify CITY of any proposed charge in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change. H. CONTRACTOR shall notify CITY of any changes in personnel or governing board composition. 1. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. XXV. SUSPENSION OF FUNDING Upon determination by CITY of CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten (10) working days written notice to CONTRACTOR, withhold further payments to CONTRACTOR. Such notice may be given by mail to the Executive Officer ana the Board of Directors of CONTRACTOR. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. At the and of the suspension period, if CITY determines the default or deficiency has been satisfied, CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If, however, CITY determines that CONTRACTOR has not come into compliance, the provisions of SECTION XXVI may be effectuated. YIVI. TERMINATION A. CITY may terminate this Agreement witt+ cause for any of the following reasons (1) CONTRACTOR's failure to attain compliance during any prescribed period of suspension as provided in section XXV. (2) CONTRACTOR's violation of covenants, agreements or guarantoes of this Agreement. PAGE 15 ti (3) Termination or reduction of funding by the United States Department of Housing and Urban Development. (4) Finding by CITY that CONTRACTORt (a) is in such unsatisfactory financial condition as to endanger performance under this Agreement; (b) has allocated inventory to this Agreement substantially exceeding reasonable requirements; (c) is delinquent in payment of taxes, or of costs of performance of this Agreement in the ordinary course of business. (5) Appointment of a trustee, receiver or liquidator for all or substantial part of CONTRACTOR's property, or institu- tion of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against CONTRACTOR. (6) CONTRACTOR's inability to conform to changes required by Federal, State and local laws or regulations as provided in Section IV, and Section XXIV (D), of this Agree- ment. (7) The commission of an act of bankruptcy. (8) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is bound or shall be bound under the terms of the Agreement. CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination maybe made to other funding sources specified in Exhibit B. B. CITY may terminate this Agreement for convenience at any time. If this Agreement is terminated by CITY for convenience, CONTRACTOR will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation As the services actually performed bears to the total services of ..'ONTRACTOR covered by the Agreement, less payments previously made. C. CONTRACTOR may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance hereunder. CONTRACTOR may opt, within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between CONTRACTOR and the funding source in question. PAGE 16 k i i ardaNo.__ L_~J t^~/ f~~J.~--- CONTRACTOR may terminate this Agreement upon the dissolution of CONTRACTOR's organization not occaslbIned--b - -breach of this ~a Agreement. D. Upon receipt of notice to terminate, TRA OR shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this Agreement. CITY shall be CONTRACTOR liable to obligtins whatsoever creditors for any expenses encumbrances or incurred after the termination date. E. Notwithstanding any exercise by CITY of its right of suspension or termination, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by CONTRACTOR, and CITY may withhold any reimbursement to CONTRACTOR until such time as the exact amount of damages due to CITY from CONTRACTOR is agreed upon or otherwise determined. evil e NOTIFICATION Or ACTION BROVOBT in the event that any claim, demand, suit or other action is made or brought by any person(s), firm, corporation or other entity nonotice tifi dthereof such CITY against (2) working Rdayshall afgive terwritten claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suitor other actions the names and addresser of the person(s), corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceedings the basis of such claim, action or proceedings and the name of any mail, writtensn ice against shall o be delivered ieither g pemade or rsonally r or threatened. YZVIII. NI I02LLUMOUSi A, CONTRACTOR shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising there- rinsto any titul ion twithout rthespriorkwritt n company or othor Be If any provision of this Agreement is held to be invalid, the remain full illegal, and unenforceable, the hcontinueit provisions toshall original intent of both parties hereto. 1XIY, INDAM211CATION he it is espressly understood and agreed by both parties hereto that CITY is contracting With CONTRACTOA as an independent contractor and that as scab, CONTRACTOR shall save and hold CITY, its officers, agents and employees harmless from all liability of PAGE 17 nay nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the per- formance or omission of any employee, agent or representative of CONTRACTOR. Be CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees, or con- tractors from any and all claims, suits, causes of action, demands, damages, losses, attorneys fees, expenses, and liability arising out of the use of these contravted funds and program &4ministration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or contractors. C. In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Agreement consti- tute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omis- sion in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- inQ or other commitment antecedent to this Agreement, whether written or oral, shall have no fares or effect whatsoevert nor shall any agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subse- quent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. In the event any disagrsement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreesent or its governing rules, codes, laws, ordinances or regulations, CITY as the party ultimate- 1y responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. F. For purposes of this Agreement, all official communica- tions and notices among the parties shall be teemed made if sent postage paid to the parties and address set forth belowi TO CITY1 TO CONTRACTOA3 City Manager Director City of Denton United Way of Denton County 215 E. McKinney St. 525 N. Locust Denton, Texas 76201 Denton, Texas 76201 PAGE 18 Aoenda No _ 9 r Cale IN WITNESS OF WHICH this Agreement has b en executed on this the day of , 1993. CITY OF DENTON BY: BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY 3ECRETARY BY: APPROVED AS TO LEGAL FORMt DEBRA A. DRAYOVITCH, CITY ATTORNEY BY., UNITED WAY OF DENTON COUNTY, INC. BY: DIRECTOR s ATTEST: BOARD SECRETARY a I PAGE 19 ~rrtl3No._ EXHIBIT I'All UNITED WAY 07 DENTON COUNTY Statement of Work V for The Rainbow connection Program i The purpose of the program is to provide accees to wholesome activities for the children and youth living in the Oweley Addition in the City of Denton. The requested funding will provide scholar- ships of up to $100 for 150 children. The Rainbow Connection Advisory Board will screen applications for appropriate activities and income eligibility before authorizing payment to the agency or program. To make the residents aware of the program, the Rainbow connection will provide publicity and promotional activities. The program provides transportation assistance in the form of bus tokens or as reimbursements to participating agencies who will provide activities and transportation for the children. The Rain- bow Connection Advisory Board will approve applications for trans- portation and agency activity reimbursement. In accordance with United Way accounting procedures, an audit will be performed at the conclusion of the program. Evaluation of the program will include completing surveys of participants, program leaders$ and Rainbow Connection volunteers. i i PAGE 20 Awdauo 93 ' v 5 A6c,idA iem~. 0- EXHIBIT "BIN 3 1-d - UNITED WAY Of DRNTON COONTYr INC. RAINBOW CONNECTION Budget Program costs to be reimbursed with CDBG Pundst $151000 Program 150 Children X $100 Transportation Services 1,300 Agency Activities Fees camp Fire 500 Girl Scouts 500 Boy Scouts 500 750 YMCA (incl. transportation) Total 2,250 Printing 250 Promotions 500 Postage 200 Audit 500 $20,000 I R i' PAGE 21 ~ CITY COUNC' to % 9 i • A y 1 • ~r gg Si\NPWS\0R0\N1[X.CCM ApertdaNo ~`U _ ' Ag"dalten 2.2 fr ORDINANCE NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND NORTH TEXAS COMMUNITY CLINICS, INCORPORATED; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFORi AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to North Texas Community Clinics, incorporated in consideration of the valuable public services to be furnished by North Texas Community Clinics, incorporated, through the Denton County Prenatal Clinic Program, to the City of Denton in accordance with the Agreement attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves the Agreement attached hereto, between the City of Denton and North Texas Community Clinics, Incorporated, and authorizes the Mayor to execute said Agreement. SECTION II. That the City Council authorizes the expenditure of funds in the amount of Thirty-five Thousand and no/100 Dollars ($35,000.00), and in the manner as specified in the Agreement. SECTION III. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 199:1. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS$ CITY SECRETARY BY: %PPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: a AMOOD R 3 iii+ilCd Qf~ as PIA, AGREEMENT BETWEEN THE CITY OT DENTON Pa a AND NORTH TEXAS COXHUNITY CLINICSi INCORPORATED This Agreement is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its Mayor, pursuant to ordinance., hereinafter referred to as CITY, and North Texas Community Clinics, Incorporated, 121 Piner Street, P.O. Sox 2780, Denton, Texas 76202, a Texas non-profit corporation, hereinafter referred to as CONTRACTOR. WHEREAS, CITY has received certain funds from the U. S. Department of Housing and urban development under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for the Denton County Prenatal Clinic; and WHEREAS, CITY has designated the community Development office as the division responsible for the administration of this Agree- ment and all matters pertaining thereto; and WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project; NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described. 1. TERN This Agreement shall commence on or as of October 1, 1993, and shall terminate on September 30, 1994, unless extended by the city, Requests for extension must be in writing and are to be submitted to the Community Development Office on or before the Agreement termination date. II. RU PONAIBILITIES CONTRACTOR hereby accepts the responsibility for the perfor- mance of all services and activities described in the Work State- ment attached hereto as Exhibit A, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR'S executive officer to be CONTRAC- TORPa representative responsible for the management of all contrac- tual matters pertaining hereto, unless written notification to the contrary is received from CONTRACTOR, and approved by CITY. The CITY'S Community Development Administrator will be CITY's representative responsible for the administration at this Agree- ment. s ierdaNo CITY'S OBLIGATION (y A. Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursuant hereto in accordance with the project budget included as a part of Exhibit B. Notwithstanding any other provision of the Agreement, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of $35,000.00. B. xeasurs of Liability. In consideration of full and satis- factory services and activities hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit B, subject to the limitations and provisions set forth in this Section and Section VII of this Agreement. (1) The parties expressly understand and agree that CITY's obligations under this section are contingent upon the actual receipt of adequate Community Development Block Grant (CDBG) funds to meet CITY's liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, CITY shall notify CONTRACTOR in writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section or terminate the Agreement. If CDBG funds eligible for use for purposes of this Agreement are reduced, CITY shall not be liable for further payments due to CONTRACTOR under this Agreement. (2) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Denton. (3) CITY shall not be liable for any cost or portion thereof whichi (a) has been paid, reimbursed or is subject to payment or reimbursement, from any ether source; (b) was incurred prior to the beginning date, or after the ending date specified in Section I; (c) is not in strict accordance with the terms of this Agreement, including all exhibits attached hereto; (d) has not been billed to CITY within thirty (30) calendar days following billing to CONTRAC- TOR, or termination of the Agreement, whichever date is earlier; or PAGE 2 "C (e) is not an allowable cost as defined by Sec- tion XI of this Agreement or the project budget. (4) CITY shall not be liable for any cost or portion there- of which is incurred with respect to any activity of CONTRACTOR requiring prior written authorization from CITY, or after CITY has requested that CONTRACTOR furnish data concerning such action prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed. (5) CITY shall not be obligated or liable under this Agree- ment to any party other than CONTRACTOR for payment of any monies or provision of any goods or services. Iv. COMPLIAMCA WITH FEDERAL, STATE and LOCAL LAWS A. CONTRACTOR understands that funds provided to it pursuant to this Agreement are funds which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, CONTRACTOR assures and certifies that it will comply with the requirements of the Housing and Community Development Act of 1974 (P.L. 93-383) as amended and with regulations promulgated thereunder, and codified at 24 CPR. The foregoing is in no way meant to constitute a complete compila- tion of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards which CONTRACTOR must follow. CONTRACTOR further assures and certifies that if the regula- tions and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section XXIV of this Agreement. CONTRACTOR agrees to abide by the conditions of and comply with the requirements of the Office of Management and Budget Circulars Nos. A-110 and A-122. S. CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton, V. RIPREAEIPTATION8 A. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. B. The person or persons signing and executing this Agreement on behalf of CONTRACTOR, do hereby warrant and guarantee that he, PAGE 3 I r %Y 6 she, or they have been fully authorized by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Agreement to enter into this Agreement. CONTRACTOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section. D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Agreement not been executed. VI. PERYORHANCE BY CONTRACTOR CONTRACTOR will provide, oversee, administer, and cat out all of the activities and services set out in the WORK 5:"1TEMENT, attached hereto and incorporated herein for all purl,ses as Exhibit A, utilizing the funds described in Exhibit B, ,`tached hereto and incorporated herein for all purposes and deemed '.y both parties to be necessary and sufficient payment for full and satis- factory performance of the program, as determined solely b„ CITY and in accordance with all other terms, provisions and requixi9ents of this Agreement. No modifications or alterations may be made in the Work State- ment without the prior written approval of the city's community Development Administrator. VII. PAYMENTS TO CONTRACTOR A. Payments to Contractor. The CITY shall pay to the CONTRACTOR a maximum amount of money totaling $35,000 for services rendered under this Agreement. CITY will pay these funds on a reimbursement basis to the CONTRACTOR within twenty days after CITY has received supporting documentation. CONTRACTOR's failure to request reimbursement on a timely basis may jeopardize present or future funding. Funds are to be used for the sole purpose of paying the salary and benefits for a nurse-midwife as shown in the Budget, Exhibit B. PAGE 4 _Ci~(S Be Excess Payment. CONTRACTOR shall refund to CITY within ten (10) working days of CITY's request, any sum of money which has been paid by CITY and which CITY at any time thereafter determines: (1) has resulted in overpayment to CONTRACTOR; or (2) has not been spent strictly in accordance with the terms of this Agreement; or (3) is not supported by adequate documentation to fully justify the expenditure. C. Disallowed Costa. Upon termination of the Agreement, should any expense or charge for which payment has been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by CITY, the Department of Housing awill nd Urban such or any other Federal agency, amount to CITY within ten (10) working days of a written notice to CONTRACTOR, which specifies the amount disallowed. Refunds of disallowed costs may not be made from these or any other funds receivad from or through CITY. D. Deobligation of Funds. In the event that actual expendi- ture rates deviate from CONTRACTOR's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under- expendiA funds. Be Contract Close out. CONTRACTOR shall submit the Agreement close out package to CITY, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within fifteen (15) working days following the close of the Agreement period. CONTRAC- TOR shall utilize the form agreed upon by CITY and CONTRACTOR. At the termination of the Agreement, all unclaimed (30 days or older) salaries or wages must be returned to CITY in the following format: (1) A cashier's check for the net aggregate amount payable to the City of Dentonj (2) A listing showing the Social Security number, full name, last known complete address and the amount owed to each person involved. VIII. WARRANTIES CONTRACTOR represents and warrants that: PAGE 5 I 4 i s;e '.z~s~t r tily ex A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. 8. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covored by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. C. No litigation or legal proceedings are presently pending or threatened against CONTRACTOR. D. None of the provisions herein contravenes or is in conflict with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRAC- TOR. E. CONTRACTOR has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by CONTRACTOR to CITY. Each of these representations and warranties shall be continu- ing and shall be deemed to have been repeated by the submission of each request for payment. IT. COVEV3M8 A. During the period of time that payment may be made here- under and so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of the Executive Director of Planning and Development or his authorized representa- tive: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or here- after acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance of this Agreement and with respect to which CITY has ownership hereunder. PACE 6 S3-ass" n~•r,~>"J3 3 (2) Sell, assign, plecge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. B. Should CONTRACTOR use funds received under this Agreement to acquire or improve real property under CONTRACTOR's control, CONTRACTOR agrees and covenants: (1) That the property shall be used to meet one of the national objectives stated in $24 CFR 570 until August 31, 1997. (2) That should CONTRACTOR transfer or otherwise dispose of said property on or before August 31, 19970 CONTRACTOR shall reimburse CITY in the amount of the fair market value of the property less any portion of the value attributable to expendi- tures of non-CDBG funds for acquisition of, or improvement to, the property. X. ALLOWABLE COSTS A. Costs shall be considered allowable only if incurred directly specifically in the performance of and in compliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B. B. Approval of CONTRACTOR's budget, Exhibit Be does not constitute prior written approval, even though certain items may appear herein. CITY's prior written authorization is required in order for the following to be considered allowable costsa (1) Encumbrance or expenditure during any one month period which exceeds one-twelfth (1/12) of any budgeted line items for costs as specified in Exhibit B. (2) CITY shall not be obligated to any third parties, including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Agreement. (3) out of town travel. (4) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are conducted. PAGE 7 3- ovs. r„rt~? „0 /2 - 7-I ° (5) Any alterations, deletions or additions to the Person- nel Schedule incorporated in Exhibit B. (6) Costs or fees for temporary employees or services. (7) Any fees or payments for consultant services. (8) Fees for attending out of town meetings, seminars or conferences. Written requests for prior approval are CONTRACTOR's responsi- bility and shall be made within sufficient time to permit a thorough review by CITY. CONTRACTOR must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of this Agreement must be conducted in its entirety in accordance with the provisions of this Agreement. EI. PROGRAK INCOHB A. For purposes of this Agreement, program income means earnings of CONTRACTOR realized from activities resulting from this Agreement or from CONTRACTOR's management of funding provided or received hereunder. such earnings include, but are not limited to, income from interest, usage or rental or lease fees, income produced from contract-supported services of individuals or employees or from the use or sale of equipment or facilities of CONTRACTOR provided as a result of this Agreement, and payments from clients or third parties for services rendered by CONTRACTOR under this Agreement. B. CONTRACTOR shall maintain records of the receipt and disposition of program income in the same manner as required for other contract funds, and reported to CITY in the format prescribed by CITY. CITY and CONTRACTOR agree, based upon advice received from representatives of the U.S. Department of Housing and Urban Development (HUD), that any fees collected for services performed by CONTRACTOR shall be spent only for operating expenses. These fees or other program income will be deducted from the regular reimbursement request. C. CONTRACTOR shall include this Section in its entirety in all of its sub-contracts which involve other income-producing services or activities. D. It is CONTRACTOR'S responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the performance thereof, constitutes program income. CONTRACTOR is responsible to CITY for the repayment of any and all amounts determined by CITY to be program income, unless otherwise approved in writing by CITY. PAGE 8 NO f ~~c X11 Q (Pr MAINTnucz or RECORDS A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compliance with the provisions of Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Agreement or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. B. CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Agreement for the period of time and under the conditions specified by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agreement. D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, h'UD, or any of their authorized representatives, all of its records and shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. EIII. REPORTS AND IN70RXATION At such times and in such form as CITY may require, CONTRACTOR shall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this Agreement. CONTRACTOR shall submit regular performance reports to CITY no less than once each three months, with the first report due on or before December 1, 1993. The performance report shall detail client information, including race, income and other such statis- tics required by CITY. CONTRACTOR agrees to gather information and data relative to all programmatic and financial reporting as of the beginning quarterly a date of specified dincin Section II and ome received and funds r expended. CITY first such report is due on December 1, 1993. PAGE 9 If CONTRACTOR receives federal funds in excess of $25,000 from any source, g,C if for any reason an independent audit is conducted, the CONTRACTOR agrees to submit an audit conducted by independent examiners within 10 days after receipt of such. :s V. MONITORING AND IMUATION A. CITY shall perform on-site monitoring of CONTRACTOR's performance under this Agreement. B. CONTRACTOR agrees that CITY msy carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and Objectives, which are attached hereto as Exhibit A, as well as other provisions of this Agreement. C. CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsi- bilities. D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. E. After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings. F. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY within five (5) working days of receipt by CONTRAC- TOR. XV. DIRNCTORB' MINTING& During the term of this Agreement, CONTRACTOR shall cause to be delivered to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. CONTRACTOR understands and agrees that CITY representatives shell be afforded access to all of the Board of Directors' meetings. Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY within ten (10) working days of approval. PAGE 10 4 i r, Ape~tlaNo. ~ 3 ~ 0 ~ 5 Agaadzltvi ,4~ Cute_..___1A _7-. 93 XVI. /,z INSURANCE A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. B. The premises on and in which the activities described in Exhibit A are conducted, and the employees conducting these activities, shall be covered by premise liability insurance, commonly referred to as "Owner/Tenant" coverage with CITY named as an additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrange- ments. C. CONTRACTOR will comply with applicable workers' compensa- tion statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in CONTRACTOR's files. E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of CONTRACTOR, IVII. EQUAL OPPORTUNITY A. CONTRACTOR shall submit for CITY's approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within thirty (30) days of the effective date of this Agreement. B. CONTRACTOR shall comply with all applicable equal employ- ment opportunity and affirmative action laws or regulations. C. CONTRACTOR will furnish all information and reports re- quested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of CONTRACTOR's non-compliance with the non-discrimination requirements, City may cancel or terminate the Agreement in whole or in part, and CONTRACTOR may be barred from further contracts with CITY. PAGE 11 4 a AgindiNo 1~3 c°`~ 7s'-. r e /t;1- XV I I I . 13 0~ 013- Personnel PERSONNEL POLICIES P policies shall be established by CONTRACTOR and shall be available for examination. Such personnel policies shall: A. Be no more liberal than CITY's personnel policies, procedures, and practices, including policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing and shall be approied by the governing body of CONTRACTOR and by CITY. XIX. CONFLICT OF INTEREST A. CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of tha undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. IX. NEPOTIOX CONTRACTOR shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOROS governing board. The term "member of immediate family" includes: wife, hus- band, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. PAGE 12 I it i Aae,^da~ am f~ s y'E XXI. POLITICAL OR SECTARIAN ACTIVITY A. None of the performance rendered hereunder shall 1/n7 volve, and no portion of the funds received by CONTRACTOR hereunder shall be used, either directly or indirectly, for any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation. B. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used for or applied directly or indirectly to the construction, operation, maintenance or administration, or be utilized so as to benefit in any manner any sectarian or religious facility or activity. ZEII. PUBLICITY A. Where such action is appropriate, as determined by and upon written approval of CITY, CONTRACTOR shall publicize the activities conducted by CONTRACTOR under this Agreement. In any news release, sign, brochure, or other advertising medium, disseminating informa- tion prepared or distributed by or for CONTRACTOR, mention shall be made of the U.S. Department of Housing and Urban Development fund- ing through the City of Denton having made the project possible. 8. All ished material and re under this projectpmuslt be originally deve loped e materialsunlesstot erwise specifically provided in this Agreement, when material not origi- nally developed is included in a report, the report shall identify the source in the body of the report or by footnote. This provi- sion is applicable when the material is in a verbatim or extensive paraphrase format. All published material submitted under this project shall include the following reference on the front cover or title page: This document is prepared in accordance with the City of Denton's Community Development Block Grant Program, with funding received from the United States Department of Housing and Urban Development. C. All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of basic proposal, or contracts and any responses, inquiries, correspondence and related material submitted by CONTRACTOR shall become the property of CITY upon receipt. PAGE 13 7 S t 3 _Lj rUNDIN4 APPLICATIONS CONTRACTOR agrees to notify CITY each time CONTRACTOR is preparing or submitting any application for funding in accordance with the following procedures: A. When the application is in the planning stages, CONTRACTOR shall submit to CITY a description of the funds being applied for, and the proposed use of funds. S. Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notify CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted hereunder. Such notice shall be submitted to CITY, in writing, within ten (10) working days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the budget, program description, and Agreement. C. CONTRACTOR shall not use funds provided hereunder, either directly or indite-tly, as a contribution, or to prepare applica- tions to obtain .~np federal or private funds under any federal or private program c:thout the prior written consent of CITY. uIV. CBANOaS AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed b both parties, except when the terms of this Agreement expressly provide that another method shall be used. 8. CONTRACTOR may not make transfers between or among approved line-items within budget categories set forth in Exhibit B without prior written approval of CITY. CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obliga- tion of CITY under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. C. CONTRACTOR will submit revised budget and program in- formation, whenever the level of funding for CONTRACTOR or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. PACE 14 a AgrdIIo_~Q=° s Alb ' i;^J~ 19jl/ 4~ 2 3 tl~° E. CITY may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of CONTRACTOR's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. I F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of CITY. G. CONTRACTOR agrees to notify CITY of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change. H. CONTRACTOR shall notify CITY of any changes in personnel or governing board composition. 1. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. XXV. SUSPENSION OF FUNDING Upon determination by CITY of CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten (10) working days written notice to CONTRACTOR, withhold further payments to CONTRACTOR. Such notice may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall i period, t exceed thirty (30) calendar days. At the end of the suspension satisfied if determines CITY CONTRACTOR maybe restored to full o pliance b status and paid all eligible funds withhold or impounded during the suspension period. If, however, CITY determines that CONTRACTOR has not come into compliance, the provisions of SECTION XXVI may be effectuated. Mr. TERMINATION A. CITY may terminate this Agreement s•ith cause for any of the following reasons: (1) CONTRACTOR's failure to attain compliance during any prescribed period of suspension as provided in Section XXV. (2) CONTRACTOR's violation of covenants, agreements or guarantees of this Agreement. PAGE 15 (3) Terms n 7 • States Department nati of or jduction of fund r ~rY/)d 1~0G, (4) Rous 4 and Urban Develo by the U) by CITY that CoNTRACTOR: pment, (a endange) r is Performance satisfactory find under this Agreements c°ndttion a, tiallb) has allocated Y exceeding reasinventory to sable re this Agreeme Perfor) is delinquent quirements; nt subst, (5} toessnce of this Ag ee entsin°thea ess or of costs Y course all or substa Appointment of a trustee tiquidat bassi ptePart of Rreceiver or li uida li ion Proceedlp reorganiza FOR s Pro ert 9or in r fc by Fed®ra1 NTRCTOR's inab Y or againsttCONTRaArCTORementinofit0 section al State and Ioc ility to conform to h (7) ThXyr e and section XXIV law. ° cf egulationsaeges required co mmtssto this Agreement resided in n Of an act of bankruptcy. Whi (8) CONTRACT the AgreNmRACTR O e,boundlorion of any 1 CITY shall shall be bound under r thruel at ion to decision to l pro n°s mPtl t fmultaneous y notify e of funding sou noticed of and theefCONTRACTOR fec in wrttt Of t timaB CITY ma specified to Exghibit termination 'date mnder Loh ti ne If this y terminate Other acct e+~ P ndiI AbeePatd vhI h erminareement ted b for conve eve Lures amou by CITY nience at same will this as Of the nt not to for conve any Performed ratio to the compensation ffective dateexceed the Wien of bears to the com s xceed an amounterminational Agreement , less pa he toPreviously eenrvicesoop as the services bear the actually Yments by C' CONTRACTOR .Of CONTRACTOR Covered by the occurs written notice may terminate d by the see 'RACi Upon ma hick CONTR~L Y' if athtermin tiont in whole k en alter opt' withicTOR depends rien of outsider in part Provided the termini funding hso~imttations oformance her a ned by a breactio by the tee' with the this Agreeme under. quest COnt act betwh of oNT tact°Rutside fund approval of nt' to was not ion. n CRAC10 as deft here source CITY, and the fundingr source in1. PACE 16 CONIRACTOR may terminate this Agreement upon the sol ion 0th CONTRACTOR's organization not occasioned by a breach of this Agreement. D. Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this Agreement. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date, E. Notwithstanding any exercise by CITY of its right of suspension or termination, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by CONTRACTOR, and CITY may withhold any reimbursement to CONTRACTOR until such time as the exact amount of damages due to CITY from CONTRACTOR is agreed upon or otherwise determined. XXVII. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm, corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. XXVIII. MISCELLANEOUS A. CONTRACTOR shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising there- under, to any party or parties, bank, trust company or other finan- cial institution without the prior written approval of CITY. illegal, If remain invalids unenforceable, thehremaining provisions hall be full force and effect and continue to conform to the original intent of both parties hereto, XXII. INDEMNIFICATION As It is expressly understood and agreed by both parties hereto that CITY is contracting with CONTRACTOR as an independent contractor and that as such, CONTRACTOR shell save and hold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costa and e:penses for, or on account PAGE 17 AC _rJS of, any 01041090 audit exceptions, Jesands, suits or damages of any character Whatsoever resulting in whole or in part from the per- formance or omission of any employee, agent or representative of CONTRACTOR. B. CONTRACTOR agrees to provide the defense for, and to indem- nify and hold harmless CITY its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorneys fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or contractors. C. In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Agreement consti- tute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be coiQitted by CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- ing or other commitment antecedent to this Agreement, whether written or oral, shall have no force or effect whatsoever; nor shall any agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subse- quent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances or regulations, CITY as the party ultimate- ly responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. F. For purposes of this Agreement, all official communica- tions and notices among the parties shall be deemed made if sent postage paid to the parties and address set forth belowt TO CITY: TO CONTRACTORS City Manager Director City of Denton North Texas Community Clinics, 215 E. McKinney St. Incorporated Denton, Texas 76201 P.O. Box 2780 Denton, Texas 76202 PAGE 18 IN WITNESS OF WHICH this Agreement has been executed on th s the day of CITY OF DENTON BY'. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALT£RS, CITY SECRETARY BY: - APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY ' BY. NORTH TEXAS COMMUNITY CLINICS, INCORPORATED BY: EXECUTIVE DIRECTOR ATTEST: BOARD SECRETARY PAGE 19 r EXHIBIT "A" PRENATAL CLINIC FOR DENTON COUNTY • A. Description of services to be performed: CONTRACTOR will perform services described below in conformance with the attached schedule and budget: CONTRACTOR will operate a prenatal program at the Prenatal Clinic for Denton county according to existing legal and medical regulations. CONTRACTOR will provide services to patients on weekdays for a period to include, at a minimum, the hours from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m. on Monday, Tuesday, Thursday, and Friday, and 9:00 a.m. to noon and 1:00 p.m. to 8:00 p.m. on Wednesday except on holidays or when patients cannot be seen due to special circumstances. services are provided by appointment only, during or after normal office hours, or in scheduled classes. The clinic will be open to patients at other times as needs dictate. Patients who require services the clinic cannot provide will be referred to other qualified medical care providers. CONTRACTOR will continue to employ Certified Nurse Midwives (CNM) on a full time basis who will be subject to the benefits, working hours, and other rules of the Community Clinics for Denton County. These employees shall provide prenatal care to patiente. CONTRACTOR will maintain a waiting list for those individuals who apply for care at the clinic. As all prenatal care is provided by appointment only, the clinic will not provide "drop in service" although the specific circumstances of each patient will be taken into consideration when scheduling. To be eligible for care, the patient must demonstrate that she is eligible for Medicaid, WIC, or are otherwise unable to acquire adequate prenatal care through other means. PAGE 20 4 a A~ca.', item ly-- s W EXHIBIT "B's Da'a 7.93 PRENATAL CLINIC FOR DENTON COIINTY f c~ CU BUDGET FOR CONSONITY DEVELOPMENT BLOCK GRANT A. Funding of a portion of a salary for a Certified Nurse Midwifet For the period of September 1, 1993 to August 31, 1994, the amount of $35,000 shall be used to pay a portion of the annual salary of a Certified Nurse Midwife. B. The remainder of funding for this position will come from existing grant funding and from program generated revenues as determined by the clinic. 's a s i PAGE 21 -CITY =COUNCI 1 TT' 1 I~ r MI..1 MF+++~rr~ li ~pOt+'~. M o ~ sz e s 1 - - 6 rr~...-rrwwr.. a Oa1epM-...1 ?Jcl. ORDIIIA14CE NO. All ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATF,. WHEREAS, the City has solicited, received and tabulated com- petitive 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 receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- provements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION That the following competitive bids for the con- struction 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 be- ing the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1555 DER CONSTRUCTION CO INC $110,109.00 SECTION II, That 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, after notification of the award of the bid. SECTION III. That 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 Propos- als, and documents relating thereto specifying the terms, condi- i I 4 tions, plans and specifications, standards, quantities and speci- fied sums contained therein. SECTION IV. That 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 here- by 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 V. That this ordinance shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the day of ,1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: DATE: DECEMBER 'T, 1993 - -;7 f~ CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1555 - MAPLE STREET SANITARY SEWER RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, DBR Construction Co. Inc. in the amount of $110,10y.00. SUMMARY: Bid 0 1555 - Maple Street Sewer Project consist of approximately 2354 feet of 8" Sanitary Sewer and 326 feet of 12" Sanitary Sewer. This section of line has deteriorated to the point that it is no longer exceptable. It is a very high maintenance with two or three calls per week. The line is within University of North Texas property. Construction has been scheduled between semesters to lesson the impact on school activities. BACKGROUND: Tabulation Sheet, Publi-z Utility Board Minutes frow 11-18-93. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: University of North Texas, Denton Municipal Utilities, and Citizens o Denton. FISCAL IMPACT: Funds will come from 1994 CIP Projects Budget. This particular project Is approximately 30% under budget. Respectfully submitted: Lloyd V. Harrell City Manager Approved: Name: Tom D.Shaw,C.P.M. Title: Purchasing Agent U9. ACMA II +gE~da'Jo/~ 41 Af- EXCERPT FROM PUBLIC UTILITIES BOARD MINUTES November 18, 1993 The following item was considered3 5. CONSIDER SID OPENING #1555 FOR MAPLE STREET SANITARY SEWER Allison presented this item. After extensive discussion, Giese made a motion to approve Item #5 as presented. Seconded by Thompson. All ayes, no nays, motion carried. BID # 1555 MID NAME MAPLE ST SANITARY DBR CIRCLE 'C' RADICH JAGOE H & W SEWER 6' X 120 CONSTR CONSTR CONST. PUBLIC UTILITY PEN DATE NOVEMBER 4, 1993 CONTR. OUANTiTY- _ ~ ORIPTT -Vt`N6a_ -VE-WE 0-l END-9 --WNMA- -VKNLFo-if-- i BASE BID $110,109.00 $153,244.60 199,984.80 $164,690.00 $159,193.00 BID BOND YES YES YES YES YES MOSS B.J. CO CONST. CONST )UANTITY DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR 1 BASE BID $185,860.40 $209,845.35 BID BOND YES YES t~ W r~ 4 a 1H+-H~w.HS. HN.^ COUNCI: N,+ Y w.♦ .r pr(~ % 0. 0 f + 4 rOM t~~~ GG . bYMl.1 a'rw:au~ Ap1ed~Ne. -U Apeadalt O 0 tote CITY of DENTON# TEXAS MUNIC(PAL BUfLDING / DENTON, TEXAS 76201 / TELEPHONE (817) 666.8307 Office of the City Manager MLMORANDLJM TOt Lloyd V. Harrell, City Manager FROMt Rick Svehla, Deputy City Manager DATEt November 29, 1993 SUBJECTt Small City EMS Contracts In October, we began to bring you the EMS contracts with the small cities that we serve. Attached are signed and approved contracts from Lake Dallas, Krum, Corinth and Shady Shores. This leaves the contract for Hickory Creek and the County which are being worked on and should be finished shortly. If you or the council has any further questioner I would be happy to try and answer them. Rick Svehla Deputy City Manager RSibw AMM003A9 Attachments i "Dedicated to Quality Sendce" CITY e ----C p U NCO ~C;CC,GCC~CCr, ~ s 0 s . Et1YVDOCf\RESWNIUTANC,SEG ~ Apenda~te RESOLUTION NO. A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM FOR AMBULANCE SERVICES$ AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Krum for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City. SECTION II. That this rabsoiution shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: Aa~?A) /)I- ' I { 0! 4)docs\KKUI.K ~unQsNo 49 3 O C/15 v}e ~daVt~R~~.~ 112 ~-L- ROREEMENT FOR AKBVL"Cl BERVAI- r~ BSTWEEN THE CITY OF DENTON AND <t °d 41 Par TEE CITY OF DRUM U Raaitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Krum would like to contract with the City of Denton to receive emergency medical ser- vices for its citizens. Pursuant to Chapter 774 of the Health and Safety Code (Vernon Supp. 1911) and the Interlocal Cooparation Act (TEX. REV. CIV. STAT. ANN. Art. 4413 (32c)), a city may contract to provide emergency medical services to the county or another city. Agreement his Agreement is made on the 1 _ day of ,~(x A 199 , between the City of Denton, Texas (Denton), and The City of Kr~~m vm) . The parties agree as follows: 1. Definitions. F.------cy Medical Seryiceg or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. Z. Denton to provide EMS to Krum. Denton shall provide emer- gency medical services to Krum in response to requests for emer- gency medical services in accordance with this Agreement. All re- quests for emergency medical services for persons residing in the corporate limits of Krum shall be communicated to Denton in tho manner specified by Denton. 3. Discretion in Providing E.K.B. Krum understands that Denton .oust also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to provide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Krum, to determines (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (e) The order is which to respond to a request for emergen- cy medical service; and a (d) The time in which to respond to a request for emergency medical service. 4. Service Pee. in consideration for providing emergency medi- cal services to Lake Dallas, Lake Dallas agrees to pay to Denton an annual sum during each year of this Agreement determined by multi- plying the population in Lake Dallas by Three Dollars and Fifty Cents (population x $3.50). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October is January 1, April 10 and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Lake Dallas during any period of time Lake Dallaa is delinquent in the payment of any undisputed service fee. S. vatient Charges. In addition to the service fee paid by Lake Dallas, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Denton. i. Governmental Immunity Not waived. Neither Denton or Lake Dallas waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omissi,;n resulting from this Agreement. 7. Term. The term of this Agreement shall be in one year increments, beginning on October 1, 1953 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 0. Tervinations Default. Either party may terminate this Agreement at any time without cause by giving ninoty (90) days ad- vance notice in writing to the other, specifying the date of termi- nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the de- fault within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Lake Dallas shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. f. Notices, All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as followas To Dentons To Krums City Manager Mayor City of Denton City of Krum 215 E. McKinney P. 0. Box 217 Denton, Texas 76201 Krum, Texas 76249 Page 2 10. Agreement Not for Beast it of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11, Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. EXECUTED on the day of 199-. CITY OF DENTON, TEXAS BY: BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY By: AL6 0 CITY OF KRUM BY% YOR ATTEST: GC ARV Page 3 CQUNC. I I u E3\4PD0CSIREj AI MAAC.Uj a ACendiNo Apendalle RESOLUTION NO. toy ! 0 4( O A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR AMBULANCE SERVICES] AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: fiECTION I That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Corinth for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of tha city, ;&CTi0N_II. That this resolution shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of ____r`, 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY., APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: f. t i I~Wdoa\COAIKSN,K r 9.3 -o AgsrdaNa._ AOR anUT FOR UBULKNCB SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH Qj Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Corinth would like to contract with the City of Denton to receive emergency medical ser- vices for its citizans. Pursuant to Chapter 774 of the Health and Safety Code (Vernon Supp. 1991) and the Interlocal Cooperation Act (TEX. RSV. CIV. STAT. ANN. Art. 4413 (32c)), a city may contract to provide emergency medical services to the county or another city. agreement This Agreement is made on the 7TH day of OCTOBER , 1991, between the City of Denton, Texas (Denton), and The City of Corinth (Corinth). The parties agree as follows: I, Definitions. PmeYgancy Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an f~ndividual's perceived noed for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. Z. Denton to Provide Ella to CorintD. Denton shall provide emergency medical services to Corinth in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Corinth shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Corinth understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Corinth, to determines (a) Whether or not to respond to a request for medical emergency services (b) Whether and when personnel or equipment are available to respond to a request for emergency medical services (c) The order is which to respond to a request for emergen- cy medical service; and (d) The time in which to respond to a request for emergency medical service. t ;f~~l,L3ii;il S 0 Service Fee. In consideration for providing emergency medi- cal services to Lake Dallas, Lake Dallas agrees to pay to Denton an annual sum during each year of this Agreement determined by multi- plying the population in Lake Dallas by Three Dollars and Fifty Cents (population x $3.50). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend sorvice to Lake Dallas during any period of time Lake Dallas is delinquent in the payment of any undisputed service fee. S. Patient Charges. In addition to the service fee paid by Lake Dallas, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Denton. e. Governmental immunity Not Waived. Neither Denton or Lake Dallas waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 70 sera. The term of this Agreement shall be in one year increments, beginning on October 1, 1993 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. to Termination] Default. Either party may terminate this Agreement at any time without cause by giving ninety (90) days ad- vance notice in writing to the other, specifying the date of termi- nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the de- fault within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Lake Dallas shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. to Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: To Corinth: City Manager Mayor City of Denton City of Corinth 215 E. McKinney 2003 South Corinth. Street Denton, Texas 76201 Corinth, Texas 76205 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. Page 2 vderdiNo. 'A-Q- ~,,a 11. Assiquaent. Neither party shall assign this Agreement except upon the prior written consent of the other. EXECUTED on the Rn, day of mosF.R , 149 3 CITY OF DENTON, 'TEXAS BYI BOB CASTLEBERRY; MAYOR ATTEST! JENNIFER WALTERSO CITY SECRETARY BYI APPROVED AS TO LEGAL FORMI DEBRA A. DRAYOVITCHj CITY ATTORNEY BYI , CITY OF CORINTH BYt MAYOR ATTESTr SYI 4L44 IVFKI, 8 TARY Page 3 ^C ITY COUNCi r .a r+ .r~ s E:\WM=S\RE1vj""C.SEW ^U AptlaNa_.~ Agendalten ---f Oaie = 7= RESOLUTION NO. A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENa'ON AND THE CITY OF LAKE DALLAS FOR AMBULANCE SERVICESi AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Lake Dallas for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City. SECTION Ii. That this resolution shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BYs APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY $ 9'.Vd0glllmALUS.C AOREENENT FOR A"ULANCE SERVICE uI ~DZ(J BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Lake Dallas would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the Health and Safety Code (Vernon Supp. 1991) and the Interlocil Cooperation Act (TEX. REV. CIV. STAT. ANN. Art. 4413 (32c)], a city may contract to provide emergency medical services to the county or another city. Agreement his Agreement is made on the L_ day of 199 , between the City of Denton, Texas (Denton), and The City of Lake llas (Lake Dallas). The parties agree as follows: I* Definitions. Emergency !radical services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. Z. Denton to Provide Ems to Lake Dallas. Denton shall provide emergency medical services to Lake Dallas in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Lake Dallas shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing X.M.S. Lake Dallas understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Lake Dallas, to determines (a) Whether or not to respond to a request for medical emergency services (b) Whether and when personnel or equipment are available to respond to a request for emergency medical services (c) The order is which to respond to a request for emergen- cy medical services and P93 (d) The time in which to respond to a request for emergency medical service. 4. service roe. in consideration for providing emergency medi- cal services to Lake Dallas, Lake Dallas agrees to pay to Denton an annual sum during each year of this Agreement determined by multi- plying the population in Lake Dallas by Three Dollars and Fifty Cents (population x $3.50). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's 8rgiona~Djyrgctorv. The annual payment shall be paid to Denton in equal quarterly payments on or before ervice annual term. October 10 January 1, Aprila notice, y su1, of spend each Denton may, after giving prior Dallas during any period of time Lake Dallas is delinquent in the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fee paid by Lake emergency medical o services, charge patient fees f estaplished by ordi- nance of Denton. 6. Governmental Immunity Not Waived. Neither Denton or Lake Dallas waives, nor shall be deemed hereby to waive, any immunity or defense aus tagainst or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one year increments, beginning on October 1, 1993 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. A. Terminationt Defasslt. Either party may terminate this vancemnotice in writing to the other, b specifying the date ofatermi- nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the de- fault within thirty days of the date notice of default is sent, the other party may declare the Agreement terminate. Lake Dallas shall be liable to Denton pro rata for the payment medical services provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as followss To Dentons To Lake Dallass City Manager Mayor City of Denton City of Lake Dallas 215 E. McKinney P, O. Sox 386 Denton, Texas 76201 Lake Dallas, Texas 75065 Pags 2 i 30. Agreement Mot for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. EXECUTED on the day of 199 CITY OF DENTON, TEXAS BS's BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BYs CITY OF LAKE DALLAS 1~ r BYi ptY ATTESTS BY: SECRETARY Page 3 COUNCl CGGCC.^'; Y i a s e 1~ All 09 ~ t 1JJ~r , E i \4PW$\RES\MWL►NC. SEA beit4a Na ,Lc~ AgenQaFtenL l~D Wale /E 7 - RESOLUTION NO. A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE. AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SHADY SHORES FOR AMBULANCE SERVICES: AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION i That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Shady shores for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City. SECTION II That this resolution shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY AC 11 i a A~ ,ail;^Tipp'f lJ ROREEKERT rOR ANBOLANCE BERVIC BETWEEN TEE CITY 01 DENTOH RNa'~~ THE CITY OF BRADY SHORES Y y Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Shady Shores would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the Health and Safety Code (Vernon Supp. 1991) and the Interlocal Cooperation Act (TEX. REV. CIV. STAT. ANN. Art. 4413 (32c)), a city may contract to provide emergency medical services to the county or another city. kareentnt This Agreement is made on the day of 199,3between the City of Denton, Texas (Denton), and The City of Shady`fhores (Shady Shores). The parties agree as follows: 1. Definitions. Emergency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to provide us to Shady ebores. Denton shall provide emergency medical services to Shady Shores in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Shady Shores shall be communicated to Denton in the manner specified by Denton. 3. Discretion in providing f.N.B. Shady Shores understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to provide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Shady Shores, to deter- mine: (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (o) The order is which to respond to a request for emergen- cy medical service; and I I ~ a (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In conside,Gttion for providing emergency medi- cal services to Lake Dallas, Lake Dallas agrees to pay to Denton an annual sum during each year of this Agreement determined by multi- plying the population in Lake Dallas by Three Dollars and Fifty Cents (population x $3.50). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Reaion3l Directory. The ani:ual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Lake Dallas during any period of time Lake Dallas is delinquent in the payment of any undisputed service fee. S. Vatient Charges. In addition to the service fee paid by Lake Dallas, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Denton. 6. Governmental Immunity Not Waived. Neither Denton or Lake Dallas waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Tars. The term of this Agreement shall be in one year increments, beginning on October 1, 1993 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. So Tarsinationt Default. Either party may terminate this Agreement at any time without cause by giving ninety (90) days ad- vance notice in writing to the other, specifying the date of termi- nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the de- fault within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Lake Dallas shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: To Shady Shores: City Manager Mayor City of Denton City of Shady Shores 215 E. McKinney P. 0. Box 362 Denton, Texas 76201 Shady Shores, Texas 75065 Page 2 P~ 7 ,ft- 10e Agreement Not for Seuefit of Tbird Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 3.1. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. EXECUTED on the day of , 199 CITY OF DENTON, TEXAS BY: _ BOB CASTLEBERRY0 MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY 3 BY., APPROIrED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: 1 CITY OF SHADY SHORES BY., MAYOR ATTEST: BY: SECRETARY Page 3 =CITY COUNC. - y. T Ell- 4 i I ~~~CCC::•, rt~~ • ~eedaho. lICD ADeoda Ile ,..1 Date-/R~= 9 NO. / 7 / Ot)~" AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANCE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND PROVIDING FOR AN INCREASE IN THE CONTRA EFFECTIVE DATE. WHEREAS, on qa__, the City awarded a contract- for the construction o certain improvements to Steele-Freem~, -Inca _ in the amount oT'~47,000.00 ; an WHEREAS, the City Manager having recommended to the Council that a change order be authorized to amend such contract with respect to the scope and price and said change order being in compliance with the requirements of Chapter 252 of the Local Government Code; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the change order to the contract between the City and Steele-Freema , a Copy Of which is attached ereto, in t e amount o ei ht hundred o err hero by approve an t e expen ture of funds t ere or -17s-hereby authorized. SECTION 11. That this ordinance shall become effective imme ate y upon its passage and approval. PASSED AND APPROVED this the day of , 1993, BOB CASTLEBEBRY, MAYOR ATTEST: JENNIFER WALT , APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY , BY: it ~^rd7Plo.~ - 0 s. DATE: ~'bE3iil, 4( J %,~n -12 CITY COUNCIL REPORT A, 7~- TO: Mayor and Members of the City Council T FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER / 40402 - STEELE-FREEMAN CHANCE ORDER #1 RECOMMENDATION: We recommend change order number one In the amount of $242,800.00 or reroofing sections of the Denton Municipal Center be approved and the contract with Steele-Freeman Inc. be revised. SUMMARY: This change order Is for the reroofing of specific sections of the DMC currently under renovation. In a very unusual and cooperative approach to a change order Steele-Freeman has supplied us with three competitive price quotations solicited by his staff and offered several options previously submitted to Council for review. Normally sub contractor prices are not an issue and our only option is to accept or reject the price quoted by the prime contractor. In this instance Steele-Freeman has made every attempt to acquire the best price for this project. At our request he has solicited additional pricing from the three comparable roofing manufacturers. Cost of labor and incidentals would not change so only iaterial cost differences were solicited. The change order price submitted by Steele-Freeman includes all labor, material, bonding and insurance required by the City of Denton as well as full compliance with our current minimum specifications for flat roof application. BACKGROUND: Memorandum from Bruce Henington, price comparison for materials Exhibit , Change Order Request from Steele-Freeman Inc. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: City of Denton Building Operations Division, Steele-Freeman Inc., Citizens o Denton. FISCAL IMPACT: Funds for this change order are available from fund balance for b. C Renovation. Respe fully sub arre City Manager Ap roved:AA Name: Tom D. Shaw C.P.M. Title: Purchasing Agent e 4 ® 13 o V s 0 _ 3 i V ClTYofDFf►1TON TFXAS i MUNICIPAL BUILDING i DENTON, TEXAS 76201 r TELEPHONE (817)556.8100 M R M 0 R A N D U M TOi Mayor and Members of the Council FROMi Lloyd Harrell, City Manager DATHs December 2, 1993 3tTBJECT, Denton Municipal Complex Roof Change Order We are pleased to report that the renovation of the Denton Municipal Complex (DMC) is progressing. City Council reviewed the attached change order at the last council meeting, November 21, 1993, and gave staff direction. It is very important to remember that staff's assignment was not to bid this roof renovation through the City's bid process but instead work through the contractor using the quote system. City Council directed staff to have the contractor, Steele-Freeman, Inc., gather additional quotes utilizing other comparable materials. Steele-Freeman, Inc., gathered additional quotes from three different distributors who provide materials comparable to those in established City specifications. (Garland Company, Inc,, Research Roofing Systems and Hyload, Inc., see attached Exhibit I) Again, the driving issue for this change order is that the existing ia1Wflr roof has lost it's integrity. it is essential that we proceed with the new roof installation now in order to keep the DMC renovation project moving ahead, The new roof quote was $242,600. If this is not the approach taken then we will still need to do emergency temporary repairs (at a cost of approximately $30,000) and then come back at the end of the renovation project to tear off the temporary repair work and install a permanent roof that will meet the length of our debt obligation. In summary, Steele-Freeman estimated the lowest overall quote of would i letter/change or derndated November 17, 1993)(. Steele-Freeman owill oversee the roofing company and assume liability for the roof. The Page Two Roof Change Order December 2, 1993 Pr] 1l d 7~Si7 City rcofing specialist will oversee the project to ensure quality materials are used and the roof is constructed to meet our minimum standards. Staff recommends that the City issue a change order to Steele- Freeman for $242,800 using the most competitive quote of materials. The lowest quote of materials is from Hyload, Inc., distributed through Armko Industries, Inc. Respectfully submitted: lo, 4d-2r 11, C ty Manager Prepared by: 4ce nng on, ac ties Manager Attachments 1635.FM EXHIBIT I ~Y7 ~S'w- Manufacturers of coal-tar elastomeric membranes: A. The Garland Company, Inc., in Ohio Brand Name Pitch Ply 1.5 sq/roll $ 217.50/roll B. Research Roofing Systems in Illinois Brand Name Elastic Pitch 1.28 sq/roll $ 192.00/roll C. Hyload, Inc., in Pennsylvania Brand Name Hyload 150E 1.5 sq/roll $ 168.00/roll I CHANGE ORDER ARC Ht'fI' CCf x 'o/! ( I lit CON fRACTOR • . ,"-""-F--•S AU UOr:U.IJJ'A'TG70J FIELD ?ra 7 OTHER o , f C7LL` PROJECT; Denton Municipal complex 6 / (nano, address) CHANGE ORDER NUMEIM One TO CONTRACTOR: DATE.: }t'6~93• ( {p ^ a; (name, addrers) Steele-Freeman, Inc. ARCHIJLCT S PROJECT NO, 1301 Lawson Road CONTRM(1' DATE; 92029.00 Fort Worth, TX 76131 CONTRACT FOR Renovations 7,11C Contract Is changed as follutcs: Provide reroofing as per APMKo and Mike Barton specifications end drawings Steele-Freeman Proposal 113 Revised II dated-11/16/93, and as per Add $242,800,00 Not valld until signed by the Owner, Architect and Contractor. Theoriginal(ContractSurn)(C-11- s(L,.r,„„„, b,, Net change by pre'vluusly authca4md C'hangeOr~--mss. s.:(1 ! 2, 347,000.00 The(Contm('t 0.00 711e(Contract5um) ( PrlrntorhLwChangeORIVWaS.........J 2,3470000.00 ~L+Itlwt+la►icLW Hill lx (incrrsvd) (JwF11116 4 4-111eQc y by V IS Change Order In the anurunt of , ! 242,800.00 The new (Contract Sun) " " l inducting this ChnnNc Order p ill be . 2,589,800.00 The Contract Thne will be (,A, op ~ The dare of Subcr:(ntl:d Cumplcrion as of th ie of (this Ch ulfe Or, r R ~r titrrcfure Is If 0 Ides, N(1tE August 1901994 This sunimar)' duty nut rerlnt changes ill Ihr GrWrart 5'111, Cnn,rai( Tune err (.,I rjnixd \latitimm I'm v %%hllh h.n C Iran uith,!rbcd Ire c-,wtruction ( hangs Iliractire Corgan Associates Architects Steele-Fr e , n . WI'lCT _ City of Denton ` i:54 ) Addres. AIR-- .whs. n 21.. R. Mcl(inne Addree -Da21 J 202______-- --For .Woe n.idn". - 6131_. __.DPmton,..TX Zfi201 a t11, 1 , CAUTION: You should sign an orlglnal AIA document which has this caution printed In red. An orlglnal assures that changes wlll not be obscured as may occur when documents are reproduced, AiA DOCUMENT 0701 i CIIANGr ONIJER ~ IVA' rtyrp N . AIA~ • AsItRICA,N IN51'110r r1t 0041WTs. 1'11 NEB' YORK AST NU', wk%l N'(iil),N, D(' 11111, WARNING: UnIINMSd pholxopying rloUhl tAl. Copyright rMM; t)nd is subject 1n 4011 prppc ution, p Ja' gar r 817-232-'3113 S1EELE-FFEEr1AN IK. 1e7 F02 4:1) 16 193 14:09 REQUEST FOR CHANGE Proposed Change # 3 REVISED, II Dates November 16, 1993 Job Namet DENTON MUNICIPAL COMPLEX Job Number: 2615-1 Description of changes Add to re-roof areas C, D, E, F and G outlined in specifications for roofing at City of Denton 14core Building noted as project number 31931101. Scope of work to include demolition of existing roof, requited repairs per unit prices and replacement of roof per plans and specifications. WORK ITEMS QTY UNIT RATE LA13OR 14ATrL EQUI SUB 1. Roofing Subcontractor 220717.0-0 (RHS Company) s s s : t i s s s s s *Unit Cost Proposal Attached s : : s s ! : s ! s s s s s s s s s s s s s : s s i t i i t s s s s s j i ! t t ! i TOTALS s s s : t s 220111.00 s SUB-TOTAL A, B, C, D 42200711.00 (E) LABOR BURDEN 406 OF A (;1065.48) 0.00 (F) TAX ON MATERIALS 04 0100 J220t711.00 Contractors fee 10% of A,B,C,E,F 0.00 Contractors fee 10$ of D 220071.10 SUB-TOTAL $2421782.0 BOND, INSURANCE & AGC 1.15% 2,791.99 SUB-TOTAL $ 7716°14 . b 9 STEELE-FREEMAN, INC. (NEGOTIATION CREDIT) 2,774.09- TOTAL CHANGE TO CONTRACT (ADD) Tra ,~8_ff.Tr VCITY -COUNCI ~ r s a i d i d w.a..r....~ F I O r ~Na ~penda~ ..//Q C DATE' 12/07/93 CITY COUN-CIL RESORT Fgg ITT TO., Mayor and Members of the City Council FROMs Lloyd V. Harrell, City Manager SUBJ: Approval of an ordinance approving guidelines for operation of the City of Denton Housing Rehabilitation Program and eligibility criteria, authorizing expenditures in excess of $15,000 for projects meeting i guidelines and criteria. Approval of an ordinance approving the guidelines for the Rental Rehabilitation Program and eligibility criteria, authorizing expenditures in excess of $15,000 for projects meeting guidelines and criteria. RACOMMENDATIONI Staff recommends approval. BACEGROUND1 State of Toxas V.T.C.A Local Government Code, Chapter 252, reformed by State of Texas Senate Bill 226 and House Bill 1651 increased maxinum project/purchase expenditure amounts not subject to to local government approval from $10,000 to $15,000. City of Dentonts Ordinance 93-182, Item 10.301 Section B, states that any project or purchase that exceeds $15,000 must be approved by City Council. Progran Guidelines for CDBG Grant funds for home owner rehabilitation allows a maximum of $17,000 to be spent per project. The State HOME Grant funds can be used to complete extensive reconstruction of a project with the maximum per unit limit set by the Federal Government. According to this requirement the after rehabilitation value of the property cannot exceed the Section 221(d) (3) mortgage limits for locality's jurisdiction (for example, in Denton the maximum allowable expenditure for a three bedroom home could be approved for approximately up to $800000.00), The guidelines describe monitoring and approval of projects which will exceed $17,000 in expenditures based on individual project needs where very substantial rehabilitation is warranted. s Ajordj $10, Report Format December 7, 1993 ~~`"~fa~`~-3~„ C, Page 2 BACa- GRM2I (Continued) ` The Community Development rental and housing rehabilitation program guidelines are very specific. Annual monitoring visits by both HUD and the Texas Department of Housing and Community Affairs (TDHCA) are made to ensure that federal regulations are strictly adhered to. The guidelines for both the Rental and Housing Rehabilitation Programs set very specific procedures, standards and eligibility requirements for the following: • applicant processing contractor selection and monitoring • method of payment to contractors • financial assistance practices • appeals procedures minimum rehab construction standards levels of monetary assistance. Contracts are between the homeowner and the contractor. Payments to contractors are made following a request by the contractor based on approval by the property owner, Inspector Development Develo Admipiment Final and the payments communality projects are also contingent on approval by the City's plumbing and electrical inspectors. Community Development staff estimates 3U to 35 projects will be completed during the 1993-94 budget year. An estimated 85 percent of these projects will likely exceed the $15,000 expenditure limit. For ease of administering these programs, it has been recommended by HUD and the City's Legal staff that the program guidelines and expenditure limits be approved by City council on-.e annually rather than requesting approval of expenditureu for each individual project. Approval of these ordinances will be requested on an annual basis as to be in compliance with the City of Denton's Purchasing Department requirements. As a result of ordinance approval, Cour;cil will not be requested to approve individual projects. 4~jerd3 Flo. 3 ~ o ~ -5 Report Format December 7, 1993 Page 3 rte/ 3 U , SUNMARYi Approval of the ordinances adopts program guidelines and authorizes contractor payments in excess of $15,000. City Council will not be required to approve individual projects or project expenditures. This action will allow both programs to continue functioning as they have in the past. PROGRAMS, DEPARTMENTS OR GROUPS AFFIOTEP1 The Community Development staff will continue to administer both programs as in the past. FteCAL _IKVACT t N\A Respectfully submittedi to d V. Harrell City Manager Prepared by: i E(a rbara Ross Community Development Administrator I Approveds jr Lf(y n"- Liz Frank Robbins, AICP Executive Director for Planning 6 Development -CITY --COUNC* ~r 44 1 c r s •o Ei1YGDOCt10RD1N0USEREN,O Apen~ai!a S r1 Date - ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOUSING REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPEN- DITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDE- LINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton recognizes the need to assist low and moderate income families in securing safe, sanitary and decent housings and WHEREAS, the City of Denton participates in a Housing Rehabili- tation Program administered by the City of Denton Community Devel- opment Office and funded through a federal grant from the Depart- ment of Housing and Urban Development; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt SECTION I, That it approves the Housing Rehabilitation Program Guidelines and Housing Rehabilitation Program Eligibility Criteria which is attached to this ordinance as Exhibit "A" and authorizes the City of Denton Community Development Office to administer this program. SECTIO:t II. That it authorizes the expenditure of funds in excess of $15,000 by the Community Development Office for projects meeting program guidelines and criteria. SECTION iII. That this ordinance shall become effective immed- iately upon its passage. PASSED AND APPROVED this the day of , 1993. BOB CASTLEAERRY, MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETA_^.Y BYt APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY t (r.• , LczLi mss! I~ r 93 -gel 4,;rr014o Q; ul3c"71,..L~1lSL.::--:rte . ,-j3 V3 p~ .2 CITY Or DENTON HOUSING REHABILITATION PROGRAM GUIDELINES I I TABLE OF CONTENTS Introduction Description of Program Procedures 1. Eligibility Requirements 11. Application Processing III. Contractor Selection and Monitoring IV. Payment to Contractor V. Financial Assistance Programs VI. Appeals Provisions General Terms and Conditions o Minimum Rehabilitation Standards Appendices 1. Carrying Out Energy-Saving Requirements for Single-Family Buildings 2. Section 8 Existing Housing/Program 3. Qualifying Income Limits and Ranges for the City of Denton's CDBG/HOME Assisted Programs 2 4 rr~r'~Ila /~~~5. Introduction ] ii1.aR~. w_C~ 112-43, Py G The City of Denton Housing Rehabilitation Program is designed to assist low and moderate income families in securing safe, sanitary and decent housing. This program's objective is to rehabilitate single family owner occupied houses by making needed repairs with the first priority as correcting code violations. The Housing Rehabilitation Program is administered by the city of Denton's Community Development Office and funded through a federal grant from the Department of Housing and Urban Development. The Community Development office is located at 1051, West Hickory. The following pages contain a detailed description of the program including policies and procedures. The purpose of these guidelines is to explain to potential clients and the citizens of Denton, the Housing Rehabilitation Program and types of assistance available. For further information or clarification of the guidelines, contact the Community Development Office at 383-7726. AAA005CE 3 0 DESCRIPTION OF PROGRAM PROCEDURES W i DESCRIPTION OF PROGRAM PROCEDURES, 1. ELTGI9ILITY REQUIREMENTS To be eligible for rehabilitation assistance, the applicant must be a citizen of the United States or a legal resident alien. The applicant must be the owner occupant of a single family dwelling unit and should hold Fee Simple Title to the property. In the event the home is being purchased under a contract of sale, the seller must provide the purchaser with a warranty deed on the property before loan settlement occurs or consent to allow a lien placed against the property. Only homeowner's who qualify on the basis of the most current HUD Section 8 Housing Progran Income Limits shall be eligible for assistance. Tire following table shall be used to establish an applicant's eligibility based on gross family income and family size: NUMBER IN HOUSEHOLD INCOME 1 $25,200 2 $28,800 3 $32,400 4 $36,000 5 $38,900 6 $41,750 7 $44,650 a or more $47,500 The applicant's statement of income shall be verified by contacting the applicant's exployer and/or obtaining a copy of the applicant's latest income tax return. Annual income includes earnings (wages, pensions, etc.) spouse0s earnings, interest from stocks, bonds, savings accounts, income from real estate, public assistance, child support payments, etc. Also included is any amount earned by any other adults (18 or over) currently residing in the unit, unless residence in the unit is a result of a physical disability or individual is a full-time student (12 hours or more). An example of this situation would be an elderly parent living with children and drawing Social Security. The Social Security income would not be included as household income. Applicants must also exhibit the ability to pay monthly housing expenses including mortgage payments, taxes, insurance, utility bills, etc. All property taxes assessed by the various taxing agencies in Denton County must be paid in full. Homeowners, on an annual basis, AAA005CE tl 4 will be required to provide proof of insurance cove raget'r Ed and payment of taxes when requested in writing by th Community Development Office. II. APPLICATION PROCESSING Any persons wishing to apply for Housing Rehabilitation assistance must complete the application and all other required forms included in the application packet. All information on the completed applications will be verified by the Community Development staff. If any information is found to have been intentionally falsified, the application will be rejected and the applicant will not be allowed to reapply. Applications will be taken on a continual basis but will be evaluated monthly. If it is determined that the applicant is eligible for the program, a preliminary inspection will be made of the dwelling unit. The dwelling unit must meet certain standards to be considered rehabable. These standards are listed below: 1. If the unit is situated in the designated flood-plain area, some cost limitation may apply. 2. The unit must be classified as a single family owner-occupied structure. 3. The unit must be in an existing condition that would permit rehabilitation to bring the structure to meet Section 8 Housing Quality Standards. The first priority item in rehabilitation beyond Section 8 Standards will be to correct code deficiencies. (See Appendix 2) 4. The unit must be serviced by a City approved water supply, sanitary sewer and electrical system. 5. The foundation of the structure must be in a stable condition which would permit lasting rehabilitation efforts. Room additions and improvements to relieve serious overcrowding may be eligible only with the approval of the Community Development Administration and when the intended use is for bedroom space and when current conditions exceed the maximum usage standards noted below: Use beyond these levels of maximum usage per bedroom may justify the authorization of additional bedroom space. However, no structure will be allowed bedroom additions AAA005CE iA- M 7 Qy81.Ji 0 Any clall that would bring the post rehab total number of bedt'duffi-s c to exceed three. 1. A maximum of two people per bedroom. 2. A married couple requires a separate bedroom from children. 3. A single parent requires a separate bedroom from children. 4. Children can share bedroom only with child of same sex. All applicants who meet the minimum eligibility standards And whose houses qualify as rehabable, will be rated to decide a priority for receiving assistance. Individuals applying will be ranked according to the following rating guide. Projects may be chosen on a priority basis at any time. Currently, project selection is based on a first come, first served basis. REHABILITATION GRANT/LOAN APPLICATION ELIGIBILITY STANDARDS Income: 1) Below maximum income level . . . . . . . 5 2) Less than 75% of maximum income level 10 3) Below maximum income level and 30% of monthly income expended on housing . . . 10 4) Less than 75% of maximum income level and 30% or more of income expended on housing . . . . . . . . . . . . . . . . . 20 Risk Analysis: 1) Does the property owner exhibit the ability to pay monthly housing expenses . 20 TOTAL . . . . . . . . . 65 Grant applicants must have a minimum of twenty five (25) points to be ranked for possible assistance. The applicant must be below the minimum income levels (5 points) and must exhibit the ability to pay monthly housing expenses (20 points). However, final decisions on AAAOOSCE i e a . ~ y !l to li pp carets eligibility for ass Sta istance will be determined by the Community Development O ff. Each applicant may be prioritized according to their needs and the utructure's condition. Priority ratings will be determined using the above point scale. A total of ten (10) points will be subtracted from the application of any individual who has had a rehabilitation under any federal or state program during the past ten (10) years. III. CONTRACTOR SELECTION AND MONITORING All housing rehabilitation recipients are responsible for thfiendneingeassconatractor their home develop aYour proposal proposal must be submitted to the Community Development office within thirty (30) days from the date you receive the work order write-up prepared by the Community Development Housing Inspector. Contact any reputaole and experienced contractor and request a bid for the required work. IF YOU HAVE ANY TROUBLE FINDING A CONTRACTOR, contact any of the following places for assistance: * Your local Better Business Bureau. * Any friends or neighbors who have had remodeling done to their properties. * Chamber of Commerce When a contractor comes to look at your home you should: * Show him/her the mandatory work items that have been identified by the Community Development Housing Inspector. * Advise him/her that the bid proposal must be returned to you or the Community Development office for submission to the rehabilitation program on or before the due date. D NOT SIGN ANY AGRFEMENT WITH TH_~TRAC~pfj~ Bring the contractor's bid proposal to the community Development office at 105k W. Hickory where you made your original application. The Community Development Housing Inspector or Rehab Specialist will review the proposal to verify that: 1. The contractor is licensed, insured and has Worker's Compensation. AAA005CE d i 2. All required improvements have been includ a in th~ bid. 3. The proposed work is in conformance with the program's General Specifications, 4. All proposed rehabilitation costs are reasonable. 5. The contractor you have chosen has not been disqualified (debarred) by any local, state or federal government agency. Contractors participating in the Housing Rehabilitation Program will be selected by the eligible homeowner. The homeowner will be required to solicit bid proposals from at least three contractors based on the preliminary work write-up done by the Community Development inspector. The homeowner shall also be responsible for supplying the contractor with a contractor's packet which includes the contractor performance manual, general specifications for workmanship, all insurance and bonding requirements, a contractor's eligibility certification form and a copy of the preliminary work write-up. After the homeowner has received at least three bid proposals and all other required forms from the contractors, these shall be submitted to Community Development office for review. *The homeowner is encouraged to contact several contractors in order to find one that is suitable ano to obtain competitive bids. The bid proposals that are submitted by the homeowner will be reviewed by the Community Development Administrator and Inspector to determine if the total bid price is reasonable and under the maximum allowable amount. THE CITY OF DENTON AND THE HOMEOWNER RESERVE THE RIGHT TO REJECT ANY AND ALL BIDS. If the bid proposal selected by the homeowner is approved by the Community Development Administrator, then the Community Development staff shall proceed with the review of all other forms submitted by the contractor. The contractor shall submit a certification of eligibility form. Any contractor whose name appears on the most current HUD or City of Denton Debarred Contractor's List will not be eligible to participate in this program. References will be checked and claims of substandard workmanship will be cause to declare a contractor ineligible. The contractor must also submit all required proof of insurance forms bonds Failure to submit these will result In rejection applicable) bid proposal. AAA005CE a ~s t i~ 4° Once the contractor has been selected and approved, a contract agreement must be signed. Before the contractor can start work, the homeowner must issue a notice to proceed. The contractor's work will be monitored by the homeowner, the Community Development Staff and the City of Denton building code inspector. If the homeowner considers any work done by the contractor to be unsatisfactory or incomplete, the homeowner should advise the contractor of the discrepancy and ask that it be corrected. In the event a dispute exists between the homeowner and the contractor with respect to the rehabilitation work, the City shall take appropriate action in accordance with the provisions of the construction contract to assure that the owner is satisfied before making any payment to the contractor. In the event a dispute cannot be resolved, the Director of Planning and Development shall consider all pertinent facts and shall decide an appropriate course of action to resolve the dispute. Acceptance of Work 1. Final Inspection - In order for the contractor to close out a rehabilitation job, a final inspection shall be made by the City of Denton building code inspector, the Community Development Staff, and the homeowner. If the final inspection results in no additional work or no specified corrections, the homeowner shall sign the contractor's release form which states that all work has been completed to their (homeowner's) satisfaction. The building code inspector shall sign a final inspection form to confirm the same. At this time, the contractor is required to submit to the homeowner copies of all warranties and releases of liens from subcontractors and suppliers. Ccmmunity Development will not authorize payment to the contractor until these documents are properly completed and submitted to the homeowner. 2. Warranty of Work - As stated in the rehabilitation contract, the contractor shall guarantee the work performed for a period of at least one year from the date of final acceptance. The contractor will return in thirty (30) days and ask the homeowner if any additional repairs are necessary. Any deficiencies or necessary repairs to specified work will be completed at this time. If no repairs are needed, the contrac- tor will request that the homeowner release the contingency payment. i AAA005Ce 9 C~i'1`1J _ e L=--- IV. PAYMENT TO CONTRACTOR: Y The contractor shall receive payment, minus contingency amount, for all completed contracts within 15 working days after final inspection approval. Ten percent (10%) of the total contract amount will be withheld for thirty (30) days. At this time, the property owner must approve release of contingency funds. A forty-five percent (45%) interim payment will be made available to the contractor upon property owner and inspector at,proval. An "All Bills Paid" affidavit or release of lien from all subcontractors and suppliers must be submitted before payment. All electrical, plumbing, mechanical, and roofing permits must also be submitted prior to payment. V. CONTRACTOR DEBARMENT A contractor will be declared ineligible to participate in projects funded by the City of Dentonts Housing Rehabilitation Program for one or more of the following causes: 1. Failure to complete a project within the prescribed contract period. 2. Failure to complete warranty repairs within a reasonable time period. 3. Failure to use licensed plumbing and electrical subcontractors. 4. Failure to obtain proper insurance, i.e., both liability and worker's compensation. 5. Failure to complete work in accordance with program specifications and/or accepted standards of workmanship. 6. Failure to pay all subcontractors working on the project appropriately and/or submit affidavits of payment signed by all subcontractors. 7. Failure to obtain proper permits for work in progress. Contractors will be notified of their proposed debarment and will be afforded the opportunity to comment or appeal the action. All appeals must be made in writing to the Co-imunity Development Office at least 15 days after the date of the notification letter. AAAOOSCE !1 ~f { x E i -1 1J 1-3 -7 e r Contractors debarred fron the Housing Rehabilitation Program may no longer cortact homeowners receiving CDBG funds with the intent of providing a bid on the project. VI. DESCRIPTION OF FINANCIAL ASSISTANCE PROGRAMS The City of Denton has several financial assistance categories for those who qualify for the Housing Rehabilitation Program. A description of each category and its requirements follows: 1. Home Renewal Loan: A Home Renewal Loan is a rehabilitation loan made to eligible applicants primarily to bring their property into compliance with Section 8 Housing Codes. The maximum allowable loan is $17,000.00** ($11,000 for previous rehabilitation recipients) * or the value of the equity in the property, whichever is less. value of equity is determined by subtracting the indebtedness secured by the property from 1.245% of the current tax appraised value. The loan shall carry 3% interest and be for a term of up to 10 years with monthly loan payments. The loan will be secured by a lien on the property. The applicant must meet the basic minimum eligibility requirements of the Housing Rehabilitation Program to qualify for the loan. 2. Deferred Payment Loan: A Deferred Payment Loan is similar to the Home Renewal Loan. It is made to eligible applicants to bring their property into compliance with Section 8 Housing Quality Standards and within reason, the City of Denton Housing Codes. The maximum allowable loan amount is $17,000.00** ($11,000 for previous rehabilitation recipients)* or the value of the equity in the property, whichever is less. Value of the equity is determined by subtracting the indebtedness secured by the property from 1.245% of the current tax appraised value. The loan shall carry Ot interest and continues until the applicant satisfies the conditions listed in the promissory note. There are no monthly payments. Deferred Payment Loans are secured by a lien on the property. The applicant can be a contract purchaser, however, the seller must provide him with a Warranty Deed or consent to have a lien placed against the property at the time of closing. The applicant must meet the basic eligibility requirements of the Housing Rehabilitation Program, and in addition, meet the special income limits as establisher: :or this loan program. (See Appendix 3). AAA005CE IJ - 7:19 3. Cqmb nati n Loans: A Combination 6461Z iq is ~a6~1 79 rehabilitation loan comprised in part of the Home Renewal Loan and Deferred Payment Loan Programs, Phis program is intended for qualifying families whose incomes are not low enough to be eligible for a straight Deferred Payment Loan, but not high enough to make repayments on a full Home Renewal Loan. The maximum allowable loan is $17,000.00** ($11,000 for previous rehabilitation recipients)*. The Home Renewal Loan portion of the combination shall carry 3% interest and be for a term of up to 10 years with monthly loan payments. The deferred payment portion shall carry 0% interest and the loan continues until the requirements of the promissory note have been satisfied. There will be no monthly payments on this portion of the Combination Loan. The loan is secured by a mortgage or deed of trust. Applicants must be able to obtain a 41arranty Deed from th, seller at the time of closing. The applicant must meet the basic minimum eligibility requirements of the Housing Rehabilitation Program and in addition meet the special income limits as established for this program. These income limits are defined in Appendix 3. 4. The level of monetary assistance will be determined prior to rehabilitation. A structural evaluation will be completed. Each structure will be assessed and the type and level of assistance will be determined by the community Development Staff whether the repairs needed are (a) minor, (b) moderate, (c) major, or (d) extensive. Allocations will be as follows: a) minor repair/rehabilitation - $11,000 allocation b) moderate repair/rehabilitation - $13,500 allocation c) major repair/rehabilitation - $17,000 allocation d) extensive repair/rehabilitation - structures needing repairs in excess of the $17,000 allocation will have the loan amount determined by C. D. staff. 5. Mpayment Policl for Financial Ass!-Qtance: Whether the applicant receives a loan, a grant or a combination loan/grant, he or she must agree to have a lien placed on their property until they have satisfied the requirements of the promissory note. In the case of a loan or combination loan/grant, the lien will remain until the loan has been paid in full. In the event of death of the loan recipient, the remainder of the loan must be paid by whomever becomes the legal owner. If for any reason the loan recipient decides to sell the property before the loan is paid AAA005CE . in full, the remaining amount will become due ra`t 'r time of the sale. 6. The After Rehabilitation Value for HOME funds cannot exceed the Section 221(d) (3) Limit or the CDBG funds construction costs cannot exceed 75t of the post rehab property appraised value. No rehabilitated structure may recrtve additional assistance from the City of Denton for home repairs until ten (10) years after the completion date of the rehabilitation. In the case of a grant, the lien will remain in effect until the grantee has lived on his/her property for the number of months specified in the promissory note. In the event of the sale of the property, the grant shall convert to a loan for the remainder of the amount due. In the event of the death of the grantee, the grant shall convert to a loan for the remainder of the amount due unless another family member who meets the income eligibility requirements resides on the property. In this case, the remainder of the loan will be forgiven as the original promissory note states. A waiver of these provisions can be requested if the property owner feels that their circumstances require special consideration. Section VI of the Guidelines explains how to request a waiver. The Community Development Staff will review each application and determine what type of financial assistance the applicant is eligible to receive. The chart shown in Appendix 3 will be used as a guide for the Comm;ttee to use. Other factors such as percentage of monthly income spent on housing expenses and other large payments such as medical expenses will be taken itito consideration. VII. APPEALS PROVISION : A. Request fQr Waiver: The City of Denton's Housing Rehabilitation Program has been developed to adhere to a set of guidelines in order to assure proper administration and management. In the event that an applicant feels that his circumstances require special consideration, he can request a waiver from the usual requirements. All requcits for a waiver will be reviewed by the community Development Administrator on a case by case basis. AAA005CS /r B. }appeals Procedure: Applicants who have been determined by the Community Development Administrator to be ineligible for rehabilitation, may appeal this decision to the Executive Director of Planning and Development Department. A written appeal must be submitted. The Executive Director of the Planning and Development Department shall issue a written response within fifteen days of receiving the complaint. Any applicant who feels that they have been unjustly denied rehabilitation assistance under the City's Housing Rehabilitation Program should follow the appeals procedure outlined above. AAA00SCE a. 'A tpeoda~o.~,1 S ° ~ Apendaltem Oates 9~ GENERAL TERMS AND CONDITIONS ~G w 4geR0aNo , `5-- GENERAL TERMS AND CONDITIONSA0'1'Ften?_ 1. Property owner agrees to comply with all HUD requirements with respect to Title VI of the Civil Rights Act of 1964, to not discriminate upon the basis of race, color, creed or national origin in the sale, lease, rental, or use of occupancy of the subject property. 2. Property owner agrees to not award any contract for rehabilitation work to be paid for in whole or in part with the proceeds of the grant, to any contractor who, at the time, is ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, United states Department of Labor, the Department of Housing and Urban Development, or the community Development office to receive an award of such contract. 3. Property owner agrees not to pay any bonus, commission or fee for the purpose of obtaining the Community Development Staff's approval of the grant application or any other approval of concurrence required by the Housing Rehabilitation Program. 4. The homeowner will continue to occupy the premises during the rehabilitation; but he will cooperate with the contractor in a reasonable manner. 5. Property owner agrees that existing house utility services will be made available to the contractor without charge as follows: electricity, gas, water and telephone (local calls only). 6. Property owner agrees that the City shall be the agent for the owner and as such agent shall hold the funds made available to the owner for the rehabilitation grant for the purpose of the disbursement thereof to the contractor. 7. Property owner agrees that it is his sole responsibility to see that the contractor completes the work specified in his contract to the owner's satisfaction and that the City of Denton has no responsibility for any defects, faulty work or incomplete work by the contractor. The owner further agrees that the City has no liability for warranty of any of the workmanship or materials furnished by the contractor under the contract. The owner further agrees that latent cr hidden conditions in the property which were not included in the original inspection and work write-up of the city are not the responsibility of th3 contractor nor of the City, but remain the responsibility of the owner. AAAOOSCE l~ ~enOaNo ` ~ ~ ~ 5~ i endaIle 1. - ~y 8. As part of the consideration forltipXoviding -t ee unds~f rehabilitate property as described herein, the property owner agrees to maintain and keep the property in good repair after the completion of the work to be performed by contractor, taking into consideration the ability of the owner to do so. 9. The owner shall issue a written Notice to Proceed within thirty (30) days from the date of acceptance of the contractor's bid and proposal. If the Notice to Proceed is not received by the contractor within this thirty (30) day period, the contractor has the option of withdrawing his bid and proposal. If the contractor chooses to do this a written notice must be delivered to the owner with a copy to the City. The contractor shall not begin the work to be performed until receipt of written Notice to Proceed from the owner after which the contractor shall begin the work within ten (10) calendar days of the date of said Notice and shall complete said work within sixty (60) days or the number of days stated in the Rehabilita- tion contract. 10. The contractor shall not assign the contract without written consent of the uwner and the City and/or its agent. 11. It is agreed between the owner and the contractor that damages due to delay are impossible to determine and that in the event the contractor does not complete the work required under the contract within the specified time, the contractor shall be liable for and shall pay to the City as liquidated damages the sum of one percent (it) of the total contract amount or $55, whichever is greatest, for each calendar day of delay from the date stipulated for completion in the Rehabilitation Contract until such work is satisfactorily completed and accepted. 12. The contractor shall not be charged with liquidated damages for any delays in the completion of work due to the following: A. Any acts of the government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense or any other national emergency. B. Any acts of the owner. C. Causes not reasonably foreseeable by the parties to this contract at the time of the execution of the contract which are beyond the control and without the fault or negligence of the contractor; including but AAA005ce !8 i Agenda No ._1___5' Age adalterrt~rl.s-711Y16' not limited to acts of coc~Rr of thg--pu c e emy; acts of another contractor in the performance of some other contract with the owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and weather of unusual sevarity such as hurricanes, tornadoes, etc. D. Any delay of the subcontractor occasioned by any of the causes specified in Subparagraphs (A) (B) and (C) above, provided that the contractor promptly (within 10 days) notifies the owner in writing of the cause of the delay. If the facts show the delay to be properly excusable, the owner shall extend the contract time by a period commensurate with the period of excusable delay. 13. The contractor shall not be held responsible for preexisting violations of law including but not restricted to zoning or building code regulations at the property listed in the contract. Before beginning work, the contractor shall examine the work write-up for compliance with the applicable ordinance and codes for the new or replaced work and shall immediately report any discrepancy to the owner. Where the requirements of the work write-up fail to comply with such applicable ordinances or codes for the new or replaced work, the owner and the city will adjust the contract by change order to conform to such ordinances or code and make appropriate adjustment in the contract price unless waivers in writing covering the difference have been granted by the proper authority. 14. The contractor shall comply with all non-discrimination clauses included in the contract; non-compliance will result in termination of the contract. 15. Bids or proposals will be submitted at the bidder's risk and the City or the owner reserve the r+nht to reject any or all bids or proposals. 16. subcontractors shall be bound by the terms and conditions of the contract, insofar as it applies to their work. This shall not relieve the general contractor from the full responsibility to the owner for the completion of all work to be executed under this agreement and he shall not be released from this responsibility by any subcontractural agreement he may make with others. 17. When adjacent property is affected or endangered by any work done under this contract, it shall be the responsibility of the contractor to take whatever steps are necessary for the protection of the adjacent property and to notify the owner thereof of such hazards. AAAOOSCE y C ~lfS ,gsndaNo ,g6n4ditBm~•-- 18. Repairs shall be made to all surfaces damaged by the contractor resulting from his work under this contract at no additional cost to the owner. Where "repair of existing work" is called for by the contract, the feature shall be placed in "equal to new condition" either by patching or replacement. All damaged, loose or rotted parts shall be removed and replaced and the finished work shall match adjacent work in design and dimension. 19. After the final inspection and acceptance by the owner of all work under the contract including cleanup, the contractor shall submit to the owner for approval his requisition for payment. When the required warranties and the release of liens have been executed by the contractor, the final payment will be made which will include any amounts remaining due under the contract as adjusted in accordance with approved change orders and subject to withholding of any amounts due the owner for "liquidated damages" as may be necessary to protect the owner against any claim arising from the contractor's operations under the contract. Payments will be made within 10 days of formal requisition for payment. Only one partial payment may be made when 50% of the work has been completed. 20. A Rehabilitation Grant may be made only to cover the cost necessary to bring the dwelling into conformance with Section 8, Existing Housing Quality Standards. The two categories of repairs listed below are to be included as priority items: A. Required Repay: Code violations which create hazardous conditions in regard to safety or health will generally involve the basic heating, plumbing or electrical systems. B. Recommended Repairs: Code corrections or preventive maintenance efforts which should be undertaken to avol ore costly future action. (1) 4eating, air conditioning, plumbing and electrical improvements Weatherization (3) Exterior work such as roofing, siding, painting, step and porch repair and retaining walls (4) Interior work such as renovation and repair of existing kitchen and bath facilities. 21. Mobile homes are not eligible for rehabilitation assistance. 22. The Denton County Appraisal District automatically reappraises any house where a building permit is issued. KMOO 5 CE 20 r ~orl Agea4dlle S.7-~~ ~5~1 sit? Although a building permit is~~ of norma ssued or rehabilitation work, the homeow -sn6uTa be aware of this fact. If the home is reappraised, yearly property taxes may also increase. 29. Change orders may be made to cover an item of work which cannot be determined until sometime during the course of the rehabilitation work. The Community Development Staff shall not consider a change order proposed by a bidder that is not called for in the contract document prepared by the Community Development Office. Change orders will be considered as follows: A. Change orders are used to add work necessary to correct incipient items that have been found to be defective after work is in progress but were not anticipated at the time the contract was executed. 8. Change order requests will be limited to only those items that must be corrected to meet Section 8 standards and/or city code requirements. No change orders for recommended or general property improvements will be approved. C. The change order amount is limited to a maximum of 10 percent (10%) of the total contract amount. $11,000.00 will be the maximum on structures that have previously been rehabilitated under a federal program. If it is necessary to request a change order to make required repairs and the contract is already at the maximum amount, a work item of less priority will be deleted from the bid proposal in order to compensate for the added amount. However, if there are no work items of less priority to delete from the bid proposal the project's maximum amount can exceed $17,000 with approval of the community development administrator. See description of Program Procedures. D. Change orders will be used when it is necessary to delete work from a contract for any reason. When items are deleted from the contract, they shall be at their previously bid amount. When items are deleted, but do not have specific costs, in such rases the contract shall be reduced by negotiating the cost at prevailing rates. E. All change orders shall be executed by the homeowner, contractor, and a member of the Community Development Staff prior to work being completed. MAOOSCE . H` endaNo %3 'o y 5, Agenda! F. Except for the purpose of affo~rdinJ -e !-t #n Oa- i ga ?n s any emergency endangering lifeg orotproperty, the Contractor siiall make no change in the work or rehabilitation, provide any extra or additional work or supply additional labor, services or materials beyond t'- t actually required for the execution of the contract. C. All change order requests must be submitted by the contractor, signed by the homeowner and approved by the Community Development Coordinator. No claim for an adjustment of the contract price by the contractor or homeowner will be valid unless thin is done. H. aThe aroval uthorizati n of a the nghome homeowner shall constitute Development Coordinator to change the grant amount equal to the cost of the work added or deleted. I. It may be necessary to change the time of completion due to the addition of certain work items or delays that are beyond the contractorts control. J. I listed above f the contractor feels that any of the limitations rehabilitation of will specified incomplete structure in contract, he may appeal the limitation to the Housing Rehabilitation Advisory committee. 24. If the work completed is not in accordance with the construction contract, a member of the Community Development Staff shall advise the property owner of the non-compliance who then shall obtain appropriate action from the contractor. No payment shall be processed on a construction contract until a contractor has satisfactorily completed all necessary corrective action. 25. The owner shall be able to select the color and style of certain materials (i.e. carpet, floor covering, paneling, paint, etc.). No more than one selection of carpet and vinyling may be made. No more than two interior paint choices and two exterior paint choices nay be made (main color and trim). 26. The contract warrants that all materials, fixtures, and equipment furnished by the contractor and its subcontractors shall be new, of good title and that the work will be done in a neat and workmanlike manner. Neither the final payment nor any provision in the contract nor partial or sntire use or occupancy of the premises by the owner shall constitute an acceptance of work not done in accordance with the Contract or relieve AAAOOSCE <f L ~raaA _L 3 `Oyu ,enaa!;9m S the Contractor of liability in respect to fa' y 3express warranties or responsibility for" faulty"Wrerials or workmanship. The contractor shall promptly remedy any defect in the work and pay for any damage to other work resulting therefrom which may appear within a period of one year from the date of final acceptance of the work unless a longer period Is specified. The owner will give notice of observed defects with reasonable promptness. 27. Interest of certain federal and other officials: A. No member or Delegate to the Congress of the United States and no Resident. Commissioner and no federal employee shall be admitted to any share or part of this contract or to any benefit t- arise from same. B. No member of the governing body of the City and no other public official of or within the City or County who exercises any functions or responsibilities in connection with the administration of the Community Development Bloc% Grant Program and no other employee of the Department of Planning and Development who exercises any such functions or responsibilities shall have any interest, direct or indirect, in rehabilitation proceeds which is incompatible or in conflict with the discharge or fulfillment of his functions and responsibilities in connection with the carrying out of the Housing Rehabilitation Program. The length of time this exclusion shall be in effect is one (1) year following the ending of term of office and shall be binding upon, but not limited to, all of the individuals and agencies herein described. AAA005CE a tCenda No -U, ~ MINIMUM REHABILITATION STANDli~?3t!1e0)_~~ 7f_/Y/ D+ite Roofs Roofs should not leak and have no evidence of rotted decking, fascia or soffit. Any roof with two or more layers of roofing must be stripped to the decking. If it is determined a new roof is necessary the decking must be checked for broken or rotted decking and shall be repaired or replaced as needed. Where new decking is required the material shall he one-half inch plywood or one-half inch waferboard to be used with H clips between sheets. All roofs that all stripped shall be replaced with new felt paper, the proper flashing and metal drip edge with 240 pound shingles. Any roof with less than a 4/12 pitch shall be covered with rolled roofing, with at least 12 inches of lap, if installation of rolled roofing is not sufficient to promote proper run off roof will be rebuilt. Siding and Trim All exterior siding and trim shall be free of holes, cracks or rotted material which might admit moisture into walls. New siding may be applied only if the cost of new siding and installation is comparable to the repair and painting costs, of the existing siding. Windows All windows and hardware shall operate satisfactorily. Cracked or broken windows shall be replaced. Window glazing shall be weather tight and windows shall be weather stripped so as not to allow entry of air and water around the glass, sashes or window casings. All windows shall have screens and working locks. Drainage The grade of concrete or dirt should drain at least five (5) feet away from foundation walls. Site Improvements All replaced concrete surfaces are to be level with the widths to match the existing surfaces. All steps both concrete or wood that pose a threat to the occupants shall be repaired or, if necessary, replaced with treated material or concrete. Foundations and Piers Skirting shall be six (6) inches underground level. If it is necessary to install skirting, new 22 or 24 gauge skirting shall be used. AAAOOSCE ,Venda No 9 ° y Agenda Item (vile I Eitohena 167 ~G c? Kitchens shall have a specific area which contains a sink with hot and cold running water, counter work space, and space for storage of cooking utensils. Stairs All stairs shall provide for the safety of ascent and descent. All treads and risers should show no evidence of breakage or have evidence of excessive wear. All stairs shall be equipped with handrails. Utility Areas Gas or oil fired w:0:er heaters or furnaces shall not be located in the bathrooms or bedrooms. In addition to all plumbing and electrical codes, water heaters, air conditioners, and furnaces shall be enclosed with a sealed door and adequate upper and lower combustion air. All washer and dryer hookups must meet city code. Structural System The wood, masonry or steel components shall be in serviceable condition for the expected useful life of the rehabilitated building. Structural members which are in seriously deteriorated condition shall be replaced. Sagging and unlevel floors shall be raised and stabilized as level aj possible without causing interior damage. Termite inspection and treatment shall be done if evidence of active infestations exist. A certified post control company will carry out the treatment and present documents of proof. Electrical System All replacement of existing wiring and equipment shall be done in conformance with the National Electric Code and the City of Denton Code. Any potential source of electrical hazard or ignition of combustible material shall be corrected. GFI outlets shall be used in bathrooms, kitchen, garage, and exterior receptacles. Additional outlets shall be added to eliminate extension cords and, at the request of the City inspector, to meet City Codes. Plumbing The plumbing system shall operate free of fouling and clogging, and not have cross-connections which permit contamination of the water supply or back siphonage between fixtures. AAA005Cr y gndaNo 4a v4 All sinks, lavatories, water closets, water heat r d other plumbing fixtures shall have accessible -cotoff/rAVU . All fixtures shall have P-traps, necessary vents and be properly connected to a public or private sewage disposal system. All sower lines shall have accessible cleanouts. All water heaters shall be installed with double wall vent stack, a pop-off valve, and overflow to the exterior of the structure. Mechanical Equipment All gas fired heating units must be vented with double wall pipe and proper upper and lower combustion air. The unit shall not be installed in a living area such as bedrooms or under stairways. Rigid gas pipe must be used to supply heating units with a maximum of three (3) feet of flexible pipe from the stop to the appliance. All duct work shall be properly sealed from the heat source to the register vent and from the return air supply to the heat source. HVAG duct insulation must be R-4 or greater and pipe insulation must be R-2 or greater. insulation and Weatherization A R-30 insulation value in the attic shall be required. Exterior Doors All exterior doors shall be solid core. All locks shall be capable of tightly securing the door and shall be readily openable from the inside without the use of keys. All exterior doors shall ba weather stripped so that there is no significant entry of air or water into the structure. Porches and Decks All porches and decks shall be safe and capable of supporting anticipated loads. All porches and decks in deteriorated condition and which servo no useful purpose or which are not economically repairable shall be removed, Porches and decks thirty (30) inches above grade shall have guardrails and flights of stairs with four (4) or more risers. They shall have a handrail on at least one side. Gutters and Downspouts Gutters and downspouts should exist where they are deemed necessary to promote proper drainage. Gutters will nol normally be installed if they do not already exist, AAAOOSCE ViI r ~gendaNo.~ ~ 4pentlalteni.,,., Downspouts that cannot be connected tolkitlrain_xi-Lea-~#sall have splash backs with proper site grading. Chimneys and Vents Furnace and water heater vents shall be double wall vent pipe. Existing unlined masonry chimneys having open mortar joints or cracks shall be removed or made safe by installation of a UL approved flue liner. Vent-a-hood stacks shall be vented through the roof. interiors All floors, walls, and ceilings shall be maintained in good, clean, and sanitary condition. All peeling paint, cracked or loose plaster, and other defective surface conditions shall be eliminated. All doors shall be operational. Carpet and vinyl that is badly worn, torn or too dirty to be cleaned shall be replaced. This shall be determined by the C.D. Inspector. Existing carpet shall be cleaned by a commercial steam cleaner, if necessary. Bathrooms An operational water closet, tub or shower, and lavatory should be in the bathroom. Hot water should flow to the lavatory and tub or shower. Cold water should be supplied to all fixtures. Either a window or an exhaust fan must be present to properly vent the bathroom. Cabinets Built-in kitchen cabinets shall be repaired up to 50 percent of the cost of new cabinets. Bathroom cabinets are not required. X"OOSCE Z~ ue i~~ ! ~Q s APPENDICES r.: san~ AgendaNovy -OYS AgendaltegA- Da I. a _Z_-Y_3 APPENDICES ,9 3 0 pr Appendix 1 . . , , , . , , , Carrying Out Energy-Saving Requirements for Single-Family Buildings Appendix 2 Section 8 Existing Housing/Program Appendix 3 . . . , . . , , , Qualifying Income Limits and Ranges for the City of Denton's CDSG/HOME Assisted Programs r , i AAAOOSCS I Appe.id ix l 9 3- oy 5- 7, 9 3 CHAPTER Carrying Out Energy-Saving 0 o X Requirements for Single-Family Buildings Homes consume about 2096 of all the Office personnel, and others focus on energy used In the U.S. Of this amount, ways of reducing heat loss and _ about SO to 609G is used for heat. conserving energy in accordance with Another 12 to IS% hew water and those requirements, about S to B% is used for air- conditioning. Lighting and appliances take from 12 to 20%. DEFINING A SINGLE-FAMILY BUILDING Since so much of the energy goes for heat and hot water, that is where roost A single-family detached house is a savings can be realized and that is why single dwelling unit that stands alone weatherizing, or retrofitting, a house is with four sides exposed. Single-family so important. Just how much energy a attached structures are dwellings such as particular house will use depends on duplexes (which are, in effect, two many factors, including: single-family houses that share a I. The climate where the house is common wall) and row houses or located townhouses (several single-family 2. Ile size and design orthe building houses attached to each other). and its orientation to the sun 3. How well the building is currently In addition, there are large, usually insulated older, structures consisting of two to four 4. How effectively the existing caulking separate dwelling traits that are %true- and weatherstripping prevent sir dually similar to the single-family eftration detached house. S. Whether the building is air- conditioned This chapter pertalm primarily to single. 6. The occupants' energy, consumption fandly buildings with either a wood- habits frame construction (in which wooden studs. Joists, and beams make up the Chapter 2 provided an overview of the building's frame) or a masonry construc- geaeral and particular requirements for don. However, the calculation tables for single-family buildings. This chapter will single-family buildings are applicable help rehabilitation specialists, single- only to wood-frame construction types family property owners, HUD Area Applylag the Cost-Effeedve Energy Standards in Rehabilitation ProJata I S '~D N ry f AnerdaNo _ p- AgeadaIIem- &II Irate Id ? L' that have cavities In the walls where conditioning will be pushed outside by Caulkinto Insulation may be placed, the flow of warmer air coming in. Caulking is a very simple way to greatly reduce unwanted air flow. Filling cracks Movement of heat results from radio- and openings in outside walls with a ENERGY REVIEW don. condurtion, or convection, or some caulking compound Is an easy, economi. combination of these thee, cal way -lo realize large savings in energy To pinpoint the areu in a single-family costs. Homeowners can maximize their building that can benefit from energy Radiatloa occurs when a source of heat, savings, of course, by applying caulking conservation measures, an energy review such as the sun or a hot radiator, sends themselves rather than paying someone is needed. The energy review Is actually out hest waves. Heat radiation through else to do it. It is not a diAicultjob. in of the rehabilitation inspection. glass windows is welcomed In the winter, While inspecting the structural condition but In the summer, It can Introduce When selecting caulk, note that materi- of a building's roof and wells, for unnecessary heat into a building. als of different quality are available. example, the person conducting the There are three basic types of caulk. Oil- inspection would also make note or Conduction is the flow of heat through erresin-based caulk Is the least Emulation needs, the absence of storm one physical material to another or Just expensive, but it is also the least windows, and so forth. Upon completion out into the air, Insulating materials help effective, It is readily available and will of the combined rehabilitation inspection- to reduce heat conduction substantially. bond to must surfaces, but it tends to energy review, he or she would use the harden and crack alter 2 to 4 years. calculation tables shown In Chapter 2 to Convection occurs because warm air Is Some how-to guides advise against using determine the most cost-effective lighter then cold air and will move it, measures. upward, As cold air becomes warm, it rises. More cold air moves in to replace LAWL tied butyl-based caulks are a it, and it too becomes warm and rises, little more expensive, but they are much REDUCING HEAT LASS An alr current develops that moves more durable than oil-based caulks, heated air around a space In a They usually last from 6 to 20 yeah As noted in Chapter 2, HUD Energy predictable direction. For this reason, hold up well to building expansion at ) Standards recognize that energy-saviag most heating devices are put in or close contraction caused by ebanses in Improvements must be tailored to the to the floor. temperature. type of building and the kind of rehabilitation being carried out. In all Combieadoma are frequently involved Etastomerie caulks, ruck as polyure- cues, however, the Improvements must in the movement of hot air. Radiators thanes, silicones, or polysulndes, are the be cost-effective. rsAl+le heat and warm an entire room most durable and most expensive caulks. due to convection, Radiators also They will last 20 years or more and are In most houses, the first practical step conduct through their metal cuing. In exceptionally good at withstanding the toward energy savings is blocking the the winter, ben radiated by the aura and type of expansion and contraction now of air Into (lei ustioo) Gad out of conducted through glass windows can be caused by extreme temperature nuctus- (exnltradoo) the building. To minimize a wdoome additional sauce of warmth dons. Elastomerie caulks can also be this heat loss involves, among other for a home, used with filler material, such as eakum, things, caulking or weatherstripplag all caulking cotton, sponge robber, or cracks or joints including those around Studies have shown that a substantial fiberglass, to close large cracks. windows and doom that on lightly shut. amount of indoor heat Is lost as it moves Reducing heat loss in this way Is to through cracks and openings in the Most caulking compound comes In clearly cost-effective, it Is a general building, Including electrical outlets and tubes, Mections on the tube tell how to requirement for any project approval switches in outside walls. Major beat cut the nozzle and apply the compound under the HUD tebabilitsdon programs losses also result from convection as with IN caulking gun. Caulking guar are mentioned le Chapter 1. warm air moves up furnace noes and inexpensive and readily available at fireplace chimneys. Caulking and weather- hardware stores and building-supply Some Faces About Alt Flow stripping are two energy-savior improve- houses. Heat nom from its source to a colder meets designed to reduce this hen loss area. Hot air also Bees. For these that causes high hating and cooling Apply caulking to all fixed joints, for reasons, when houses are bested in brills. example: winter, the hot alt is always tryims to gel a Around windows and doors when out and the cold air Lo always trying to frames men aiding come In. In summer, of course, the opposite Is true. Air cooled by air- 'This is a general requirement. 16 Applying the Cod-Effective Enerp Standards fa Ralsabtlttattoe Projects po, AgenOailern~.f~~?~1/f ~3 ■ Between windowsills and siding Door sweeps, consisting of vinyl or felt. along the side of the tube and slip it over ■ Between plates and foundation backed metal strips, can be applied 10 the pipe, sealing It with duct tape at the • Around all holes for pipes, ducts, or the bottom of doors to reduce air electric conduits through outside walls Infiltration. joint. ■ Around all holes through a wall Fiberglass pipe Insutatian often comes Separating heated and unheated Many how-to guides are available that with a paper barrier backing. This paces, such as attached garages, provide detailed, step-by-step instruc• storerooms, or atria backing may not be suitable for use as s Lions for installing weathersuipping, vapor barrier. Be sure to ,cad the • Between unheated porches and the Some of these guides ere listed at the instruction: To apply fiberglass Insula. main body of the house end of this chapter, ■ Wherd the chimney or m Lion, mike a slit down the length of the the siding he siding masonry meets side of the fiberglass and wrap it around the ■ Around the outside orwater faucets INSULATING REPLACEh1ENT the P peer be l the gJoints with duct tape or This list Is not exhaustive. For more IIVAC SYSTEMS- information, refer to the rererence guides Because of conductlon, as much as 40% home hotwater pipes for doystems, in a suggested at the end of this chapter, of heating and cooling energy can be lost systems are used only sporadically. A through uninsulated pipes and ducts in rehabilitation specialist should deter. WEATHERSTRIPPING' re ld areas, For ventilating, wen and air- mine whether it is feasible and cost. p 8 rn8 effective to Insulate the hot-water pipes. Weatherstripping, like caulking, reduces Srandardi requSstem,, HD ire haraliprprr and unwanted air flow. Caulking is applied to ducts be insuiared. HIGH-EFFICIENCY fixed joints; weathers tripping Is applied HVAC SYSTEMS. to the moving Pans of doors and All supply and return pipes and ducts in windows. Weatherstripping comes in the new 1I VAC system should be strips of thin-spring metals, rolled vinyl, Insulated to the following specifications aad usteAd or Is tom that is improperly felt sweeps, or foam rubber, These whenever they run through uncondi. may waste an a ormoustam unt oflding materials help to seal windows and tioned spaces: duct insulation must be energy. For instance, a system that is doors tightly to prevent air-leaks. While R-4 or greater, and pipe Insulation must "oversized" operates Inefficiently, An most weatherstripping can be applied to be R-2 or greater. (Refer to the section oversized system b one that produces both doors and windows, some types are on insulation later in this chapter for an more heat or air-conditioning than the designed to be, used on either one or the explanation of R•values.) space it is servicing requires. For other. It is not example, ire heating system runs on a Thin-spring metal weathentripplag ducts. Duct Insulation generally comes boil o a waterth !seedd cto heat can be used on both doors and windows, in blankets 1 or 2. inches thick. A vapor the house. The oversized system burns Though It Is somewhat difficult to Instal, barrier should be attached to the exterior fuel and heats up the room too quickly, it is the most durable (and most side of Insulation for aIr-condhioning and then shuts oft. Excess heat that expensive) type of weatherstripping, It is ducts. Seal the insulation joints tightly to ordinarily would have been pushed into virtually invisible when in place. s seal all duct top condensation. Before you insulate, the room by a property sized system now Rolled, or flexible, vinyl is durable and leaks. Various how-to~gu des dd tape an iscuus the thersy m remains the fOftencthls easy to install. It is made with a meta application of pipe and duct insulation. excess beat is lost through the furnace backing for doom and without a backing (See references at the end of this flue or aim 1 pipes. for windows, chapter.) Y cools down to Q Furth ermor re, the canstaot on•a ndofl Felt and foam-rubber weatbentrlp• Pipe insulation Is available either u tare. oonttrrulrthe rosystem el, In perly mixeedt system that ping are inexpensive and easy to fnstail, thane foam or fiberglass. Urerhaneloam matches building needs may run longer but they are not very durable. They tend can be purchased as a foam tube 6 or 8 but will use less fuel because it burns to shrink after a short period of time, feet long. To apply, simply make a slit fuel at a slower rate. Some types have a seU•adhesive backing. These types should never be *This is a general requrement only (l 'Ttds is a general requirement only used where friction occurs. the (le system is being replaced. It is system B being replaced. It is desirable desirable at other times if the pipes at aiI times if the present system U *TTds Is a general requirement, are accessible, oversized. Applying the Cost•Effeedve Energy Standards In Rehabilitation Projects 17 sou-~ua.u.r,otf 3~. agondaNo % -0 y_5' AOenda!tem S 166 mte -3 For these reasons, the Energy Standards Although not required if the structural Most insulation packagts list the require replacement UVAC systems to component Is not affected, such improve- 11-value of the contents in compliance have high-efficiency systems and burners menu can save a considerable amount of with Federal Trade Commission (FTC) that are pot oversized by more than energy and reduce fuel costs signifi- regulations. However, for insulation 15%. A competent installation contrac- candy. previously installed, the R-value can be tor can determine which system is most estimated by Pint measuring in inches efficient for a residence, In most circumstances, if the energy the thickness of the Insulation. This savings do not nay for the required Im- figure is then multiplied by 3.0 for an The efficiency of a system Is often provements over either the term of approximate R-value, affected by Its size, relative to the the loan or the useful life of the improve- budd!ng needs, as well as by any ment (whichever is shorter), the im- There are several types of insulation; changes made to save fuel. Any energy- provement should not be made. (See batts and blankets, loose-fill, and rigid conserving improvement-such as in- Chapter 2 for procedures to determine board.$ stalling insulation In ceilings and walls cost-effectiveness.) or adding storm windows-can cause a Ban and blanket Insulation, like most heating system to become oversized. It is ioialadoo• hone insulation, is made of mineral a good Idea to recheck the system after An adequate level of insulation will fibers, either processed fiberglass or rock making modifications and oorrect any benefit a house or building in many wool. Batts and blankets are used to oversizinr. Oil or gas system parts can ways. Insulation slows down the rate of lasulate unfinished attic floors, un• sornalmes be repaired or replaced at heat conduction, keeping heat in living finished attic ceilings, unfinished walls, minimal effort and expense. For in- areas for longer time periods. As a and the underside or floors. This type of stance, the amount of fuel consumed by result, less heat is used in winter and air insulation is bast suited to a standard an oil furnace may be reduced as much conditioner usually operate for shorter joist or rafter spacing of 16 or 24 Inches. as 20% simply by repairing a faulty periods in summer without sacrificing Both bate and blankets come fit widths burner nozzle or by installing a smaller oomfort. of 13 and 23 Inches. They are aval.101- one. Although such modifications do not either with or without a vapor bard( J require replacement of the enee UVAC Adequate lasulation may also affect the backing. Batas gemer&Hy come in system, they are generally oust-effective efficiency of heating and cooling systems aectloas 4 or g feet long. Blankets come and should be considered. and permit "downsizing." For instance, in long rolls that are cut to the desired more efficient formates, furnace flues, air length for irsstallation. conditioners, and duct systems may be ADDITIONAL ENERGY Installed. Smaller, more efficient units or Loose-fill Insulation Is either poured In CONSERVATION MEASURESe downsized nozzles may be possible to or blown into doors or walls. Poured-in use to improve efficiency and savings, loose-fill is made from cellulosic fiber, The Energy Standards require such Additionally, insulation helps to sound- rock wool, fiberglass, granulated cork, thermal impmemeats as the installation proof. Because it is usually fire resistant, vermiculite, slag, and other fibers. It is of insulation wed storm doors and insulation may serve as a deterraat to the used to instdate unfinished attic noon. windows only if it Is cost-effective and spread or fire. Blown-in loose-Rif is made from cellu. feasible to do to. (See Chapter 2.) U the foals fiber, rock wool, or fiberglass. It Is proposed rebabllitatloo requires the The type of insulation and the best used to insulue unfinished attic floors, removal of interior or exterior walls, installatloo method may vary from one finished ante floors, and firdshed frame ceilings, or floor coverings, the level of cane to another, no level of effective- walls. It can be poured into the cores of lesulatioo may seed to be upgraded If it ness of an (nsuladom material is stated as masonry blocks. Loose-ftll insulation is involves replacing window sashes or its R-value. R-value is the degroe to the best type to we for irregularly similar extensive repairs, storm windows which a material Is able to resist beat spaced joists or rafters or in areas where and doors may also coed to be added. flow. The ;vgher the material's R-value, there an many obstructions. If an the greater is its ability to insulate. existing wall has any insulation, or if a Although the Fnergy Standards only Building materials aq well as insulation vapor barrier does not exist, or if not require that these measures be taken In materials have different R-values. These being made accessible, the Energy that portion of the building being rehabill- must be considered in determining the Standards do not require blowing or sited, consideration should also be total thermal resistance of a budding. pouring additional insulation. given to adding insulation in attics and rastalNag storm doorsand windows where and whenever It is ow-effective. *This Is required if cost-effective and *The U.S. Consumer Product Sal. when rehabilitation involves that Commission has banned the use of eRaquired only if cxmeffeMe, portion of the buildins to be insulated, formaldehyde foam insulation. Ig Applying the Cost-Effective Energy Standards In RehablOtatloa Projects r' w r" ?r +gee~3Na ___-I -4 ~ 35 As loose-fill insulation, cellulorle fiber dead airspace between themselves and A number or types of storm windows has approximately 30% more Insulating the primary door or window, available. value than rock wool for the some number of ;aches Installed, It Is Storm doors and windows may be Single-pane glass, plastic sheet, or chemically treated for fire and moisture installed In several ways. Make•it- rigid plastic storm windows are easily resistance, Check the bags, which should yourself doors and windows are assem- installed in the fall and removed in the be clearly labeled to show the material bled by the homeowner and then spring, meets federal specificadons for Are installed. Ready-made doors and win- resistance, dows come already assembled and are Triple-track glass or combination purchasd in the . storm windows are used for - Rigid board insulation is made from C ustom-made doorssandiwindowseare hung or sliding windows. These colme fiberglass, polystyrene, and polyure- specially made to the exact measure- with screens and can be easily opened thane. It is usually 10 to 24 inches wide merits. Custom-made windows and and closed for ventilation, (Doubte-tract and 48 inches long and comes In a doors fit best and last longer than the uniu without screens are available at variety of thicknesses with a high other types, but they are more ex- lower cost.) If installed properly, plastic insulating value, This type of insulation pensive. Regardless of the type installed, storm windows are as effective as glass t is in basement walls, on the outside of storm doors and windows should fit well ones. stud walls as sheathing, or as perimeter and be properly caulked and weather- Insulation on masonry walls and in stripped, .cathedral ceilings, Polystyrene and MOISTURE PROBLEMS polyurethane rigid board installed on the , If it is not possible to install storm doors inside wall surface must be covered by and windows throughout the building, After thoroughly Insulating and weather h-inch gypsum wallboard for fire they should be installed on the sides izing a house, moisture problems could resistance and should be Installed by a facing north and toward the prevailing occur because all the leaks through reputable contractor. winds, where they will be most cost. which moisture could escape have been e effective. In existing houses, storm closed off, In the home, people generatt Storm Doors and Windows windows tend to be more cost-effective moisture from bathing, cooking, and A rehabilitation specialist will determine than double-pane windows for two body heat. There is always moisture In whether the application of stomt doors reasons: They reduce air infrltradon the air. The trick is to stop it from and windows is feasible and cost. around the window sash, and they are oondcnsW. Vapor barriers and vcndla. effective, Storm windows are usually a less expensive to install. don are two simple answers to this good Idea. However, three layers of potential problem. window glass are not recommended. Three layers are cost-effective only Flgure I FLOW OF MOISTURE IN A BUILDING when existing windows are double- glazed or when the aash is completely' replaced. If the gash is replaced, OUTSIDE INSIDE insulating frames should be installed in very cold areas, Cold Air Warm Air A storm door or thermal door is t WARM VAPOR recommended if the primary door is 100 BARRIER hollow-core or if it is more than 2596 glass. A storm door is a glass door that is t installed outride of the primary door. A thermal door is a tight-sealing door made FLOW OF with insulating material and is installed MOISTURE n place of the primary door, •E- -E- Storm doors and windows reduce heat Exterior Surface COLD VAPOR loss and air Infiltradon b, creating a BARRIER • losulatloo 'This, is requlreu only if oost-effective and when rehabilitation involves that portion of the house, s, Applying the Cost-Effeetlve Energy Standards In Rehabllitailon Projects 1 3~ I 4pFnG~ilem•~5~-11~ Vapor Barriers Consult an energy auditor or rchabilila- saving Improvements to a rehabilitated A vapor barrier is a specially treated tion specialist for the proper use of vapor dwelling. paper, thin plastic sheet, or low- barriers in ceilings. aFamily Family Horpe permeance paint that prevents eondenss- Examlalog The owner a of a 51eile- home in don of water vapor inside a house. The Ventilation term "vapor barrier;" which is com- proper ventilation In attics is important Boston have applied for a Secdoa 312 monly used in consuvcdon, Is somewhat to remove excess moisture from the Rehabilitation Loan. They have been misleading. Vapor barriers do not house. If an attic has insulation but no told that they are eligible for a loan at completely bar the transmission of water vapor barrier, a good rule of thumb for 3% for 20 years. A rehabilitation vapor. They are actually vapor-resistant determining the minimum ventilation specialist has undertaken an energy membranes that should have a vapor area is to take the square rootage of the review, and has obtained the following pen+neonee (the rate that moisture can floor area of the attic and divide it by informadon. pass through materials) of nut more than 150. Thus a 1,500-square-foot attic one perm (see Glossary). For this should have 10 square feet of clear, a Ffeting oil at S1.0S per gallon is used reason, the term "vapor retarder" is unobstructed ventilation area (1,500 + to heat the house. often used for vapor barrier. 150 - 10 sq 11). if the attic has both ■ Electric air-conditioning at 50.08 per insulation and a vapor barrier, find the Kwh is used to cool the house, Moisture generated inside tries to move ventilation area by dividing the floor a Boston has a total of 3,634 heating out of the building. (See Figure 1.) area by 300 (for example, 1,500 + 300 a degree his total of 800 cooling Vapor barriers are important because S sq. R.) hours they stop this moisture in a warm area The current ceiling insulation has a where it will trot condense, For this Attic venti lation works best with two or • 8 reason, vapor barriers should be applied more vents to permit circulation or air. if value or R•2. There is no insulation or to the plasterboard or drywall of a wall possible, use a high and a low vent-lor vapor barrier in the walls and no insu. or ceiling neat to existing insulation and example, an eave or soffit vent at the lotion in the floor over the basemnr• on the warm side of insulated floor bottom of the foolline and a gable or sections over crawl spaces. ridge vent In the upper part of the roof. The rehabilitation specialist also noted' that the basement and attic were not If additional insulation is put in, be sure heated and the windows are all single. that a second vapor barrier is not applied CASE STUDY glazed. No replacement of mechanical between layers or insulation. A second equipment is recommended at this time. vapor border would trap moisture The following case study Is intended to Using tlils informat'on and the calcula- between layers of insulation and slow how rehabilitsdon specialists tion tables shown in Chapter 2, the eventually rule it. Molttwe that Is determine the best app'3catioe of energy- rehabilitation specialist develops the trapped within a building wall could also following summarychart.: cause the structural members to rot. SUMMARY CHART a Location; Boston, Massachusetts a Section 312 RehabiUtadon Loan program (Finance terms, 20 years ® 396) FUELTYPE BsUdies Oil an Electricity Compweat Q 51.05194 0 50.35/therm ® $0.08 Kwh Corning R-38 R-38 R-38 Floor R-19 R-19 R-19 Wall R-13 R-13 R-13 Gluing Double Double Double Door Storm or Thermal Storm or'Ihermal Storm or Thermal 20 Applying the Cost-Effective Energy Standards to Rehabilltation Projects h IS AgsndaNo. ~3 Agend211errl_ Onte Planclag the Rehabilitation heat loss, it is not as effective at reducing In the Bank or Up the Chimney? The proposed rehabilitation inrolves the air MILration as storm windows. (Department of Housing and Urban removal of coverings for thrct exterior Therefore, storm windows should be Development, April 1975, 72 pages), wails and most of the ceiling. Removal applied to all windows, This guidebook provides simple, detailtc of the floorboards over the unheated instructions for either contractor or do- basement will also be necessary, Door. The proposed vestibule pre- it-yourself installation of caulking, Replacement of the primary storm vents the need for a storm or thermal weatherstripping, storm doors and win. sashes Is contemplated where exterior door at the front entrance. However, for dows, and Insulation (attics, floors, and walls will be removed. A vestibule is side and back entrances, storm or walls). (Available from Superintendent planned for the front entrance, which thermal doors should be installed. of Documents, U.S. Government print. should help to conserve energy. ing Office, Washington, D.C., 20402, Building Envelope. Caulking and Stock Number 023-000-!0297.3. Price Applying Energy-Saving Improvements weatherstripping should be applied 51,10.) Given the proposed rehabilitation and wherever it is nonexistent or inadequate, the recommended energy-saving Lm- Since the building is located in a cold Another excellent resource for free provements, the rehabilitation specialist climate, a durable elastomeric caulk publications on do-it-yourself weatheri• can make the following recommends- should be applied. Spring bronze nation techniques is the Residential lions concerning the application of weatherstripping is recommended for Energy Services Department (or a improvements. doors and windows since it is the most similar consumer-oriented office) main- durable type. tained by most local utility companies. Ceillullt Although the ceiling does not have a vapor barrier between the rock lath and current insulation, if RECOMMENDED READING adequate ventilation Is provided, a vapor barrier can be omittod. Since the Several weetherization guides are avail- recommended Insulation level is R-36 able to help make tames energy and the current insulation value Is R-2, efficient, The following three booklet Tahle 6 (page 12) indicates that as much are particularly useful. Insulation as possible should he added up to the R-38 level. Thus it is cost- Insulation Manual,: Homes/Apart- effective to add approximately 9 Inches meats, 2nd Edition (Prepared by of batt and blanket Uuuladon up to the NAILB Foundations, Inc., Rockville, depth of the structural member. Maryland, September 1979, 148 pages). 'this detailed guidebook discusses all Walls. Since no Interior vapor barrier aspects of insulation. A variety of and no Insulation currently exist, an installation techniques are covered, effective vapor barrier and Insulation most of whlch assume some basic should be installed up to the level of R- knowledge of construction on the part of 13. loose-fill or batt and blanket the trader. (Available from NAHB, Insulatiol could be used, Publication Order, 15th and M Streets, N.W., Washington, D.C., 20005. Price Floor (Over Unheated Spaoe). The $10.00.) recommended insulation level of R-19 can be achieved within the depth of the How to Save Money by losuiating Joists. However, due to the presence of Your Home. (Federal Energy Ad- elcctrical wiring, piping, and bracing in ministration, National Mineral Wool the basement ceiling, the installation of Association, Inc., September 1914, 16 insulation might not be cost-effective. pages). This well-illustrated guide d s- installation nut-estimates should be cusses IrL twlluioo techniques for reviewed before a declsion is made, weatherstripping and caulking as well u insulation, (Available from woe of Windows. Since the primary sashes Weatherization, Department of Energy, for windows on three wails are going to Washington, D.C., 20461. Also avail- be replaced, double- or triple-glazed able from National Mineral Wool windows could be added. However, Association, Inc., Summit, NJ., 07901. while doable glazing reduces conductive Price 304, discounts for large orders.) Applying the Cost•Effectlve Energy Standards In Rehabilltatioo ProJcett 2 f f 116- Ager.daltern 5 # 1j-f' !hte _ k G T,rh ~Oppend x 2 " SECTION a EXISTING HOUSING/PROGRAM 5-882.109 Housing quality standards - Housing used in this program shall meet the Performance Requirements set forth in this section. In addition, the housing shall meet the Acceptability criteria set forth in this section except for such variations as are proposed by the PHA and approved by HUD. Local climatic or geological conditions or local codes are examples which may justify such variations. (A) Sanitary Facilities - (1) Performance Requirement. The dwelling unit shall include its own sanitary facilities which are in proper operating condition, can be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. (2) Acceptability Criteria. A flush toilet in a separate, private room, a fixed basin with hot and cold running water, and a shower or tub with hot and cold running water shall be present in the dwelling unit, all in proper operating condition. These facilities shall utilize an approved public or private disposal system. (8) Food Preparation and Refuse Disposal - (1) Performance Requirement. The dwelling unit shall contain suitable space and equipment to store, prepare, and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary. (2) Acceptability Criteria. The unit shall contain the following equipment in proper operating condition: cooking stove or range and a refrigerator of appropriate size for the unit, supplied by either the owner or the Family, and a kitchen sink with hot and cold running water. The sink shall drain into an approved public or private system. Adequate space for the storage, preparation and serving of food shall be provided. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary (e.g. garbage cans). (C) Space and Security - (1) Performance Requirement. The dwelling unit shall afford the family adequate space and security. (2) Acceptability Criteria. AMOO S C E 31 m A~endWU.~2r c Date r+t 7. 3 P539 A living room, kitchen area, and bathroom shall be present; and the dwelling unit shall contain at least one sleeping or living/sleeping room of appropriate size for each two persons. Exterior doors and windows accessible from outside the unit shall be lockable. (D) Thermal Environment - (1) Performance Requirement. The dwelling unit shall have and be capable of maintaining a thermal environment healthy for the human body. (2) Acceptability Criteria. The dwelling unit shall contain safe heating and/or cooling facilities which are in proper operating condition and can provide adequate heat and/or cooling to each room in the dwelling unit appropriate for the climate to assure a healthy living environment. Unvented room heaters which burn gas, oil or kerosene are unacceptable. (E) Illumination and Electricity - (1) Performance Requirement. Each room shall have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of occupants. Sufficient electrical sources shall be provided to permit use of essential electrical appliances while assuring safety from fire. (2) Acceptability Criteria. Living and sleeping rooms shall include at least one window. A ceiling or wall type light fixture shall be present and working in the bathroom and kitchen area. At least two electrio outlets one of which may be present and operable in the living area, kitchen area, and each bedroom area. (F) Structure and Materials - (1) Performance Requirement. The dwelling unit shall be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the occupants from the environment. (2) Acceptability Criteria. Ceilings, walls and floors shall not have any serious defects such as severe bulging or leaning, large holes, loose surface materials, severe buckling or noticeable movement under walking stress, missing parts or other serious damage. The roof structure shall be firm and the roof shall be weathertight. The exterior wall structure and exterior wall surface shall not have any serious defects such as serious leaning, buckling, sagging, cracks or holes, loose siding, or other serious damage. The condition and equipment of interior and exterior stairways, halls, porches, walkways, etc., shall be such as not to present a danger of tripping or falling. elevators shall be maintained in safe WOOSCE 3a AgerdaNo Agendaltamd 2i`l (kale 11 77 9.3_ and operating condition. In the case of a mobile home, the home shall be securely anchored by a tiedown device which distributes and transfers the loads imposed by the unit to appropriate ground anchors so as to resist wind overturning and sliding. (G) Interior Air Quality - (1) Performance Requirement. The dwelling unit shall be free of pollutants in the air at levels which threaten the health of the occupants. (2) Acceptability Criteria. The dwel- ling unit shall be free from dangerous levels of air pollution from carbon monoxide, sewer gas, fuel gas, dust, and other harmful air pollutants. Air circulation shall be adequate throughout the unit. Bathroom areas shall have at least one openable window or other adequate exhaust ventilation. (H) wWater ater upp y shall ) be Performance Requirement. The free from contamination. (2) Acceptability Criteria. The unit shall be served by an approved public or private sanitary water supply. (I) Lead Based Paint - (1) Performance Requirement. (i) The dwelling unit shall be in compliance with HUD Lead Based Paint regulations, 24 CFR, Part 35, issued pursuant to the Lead Based Paint Poisoning Prevention Act, 42 U,S.C. 4801, and the owner shall provide a certification that the dwelling is in accordance with such HUD Regulations. (ii) If the property was constructed prior to 1950, the Family upon occupancy shall have been furnished the notice requ.red by HUD Lead Based Paint regulations and procedures regarding the hazards of lead based paint poisoning the symptoms and treatment of lead poisoning and the precautions to be taken against lead poisoning. (2) Acceptability Criteria. Same as Performance Requirements. (J) Access - (1) Performance Requirement, The dwelling unit shall be usable and capable of being maintained without unauthorized use of other private properties, and the building shall provide an alternate means of egress in case of fire. (2) Acceptability Criteria. The dwelling unit shall be usable and capable of being maintained without unauthorized use of other private properties, and the building shall provide an alternate means of egress in case of fire. (K) site and Neighborhood - (1) Performance Requirement. The site and neighborhood shall be reasonably free from disturbing noises and reverberations and other hazards to the health, safety, and general welfare of AAAOOSCE IF uar .r; AGe AO Q3-0 AgendalleR..A w. 1 ....v Date "-7 P~ P 71 "f the occupants. (2) Acceptability Criteria. The site and neighborhood shall not be subject to serious adverse environmental conditions, natural or man-made, such as dangerous walks, steps, instability, flooding, poor drainage, septic tank backups, sewage hazards or mudslides; abnormal air pollution, smoke or dust; excessive noise, vibration or vehicular traffic; excessive accumulations of trash; vermin or rodent infestation; or fire hazards. (L) sanitary Condition - (1) Performance Requirement. The unit and its equipment shall be in sanitary condition. (2) Acceptability Criteria. The units and its equipment shall be free of vermin and rodent infestation. (M) Congregate Housing. The foregoing standards shall apply except for paragraph (b) of this section, Food Preparation and Refuse Disposal. In addition the following standards shall apply: (1) The unit shall contain a refrigerator of appropriate size. (2) The central dining facility (and kitchen facility, if any) shall contain suitable space and equipment to store, prepare and serve food in a sanitary manner, and there shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary (e.g., garbage cans). I II AMOO SCE qo e~ Appendix 3 QUALIFYING INCOME LIMITS AND RANGES FOR THE CITY OF DENTON'S CDBG/HOME ASSISTED PROGRAMS NO. FAMILY SIZE HOME RENEWAL COMBINATION LOAN DEFERRED PAYMENT 3% LOAN HOME DEFERRED 0% LOAN RENEWAL PAYMENT 1 1 $25,500 - 20,401 $20,400 - 15,951 $151950 - 0 2 2 $29,100 - 23,301 $23,300 - 18,201 $18,200 - 0 3 3 $32,750 - 26,201 $26,200 - 20,451 $20,450 - 0 4 4 $36,400 - 29,101 $29,100 - 22,751 $22,750 - 0 5 5 $39,300 - 31,401 $31,400 - 24,551 $24,550 - 0 6 6 $42,200 - 331&01 $33,800 - 26,401 $25,400 - 0 7 7 $45,150 - 36,101 $36,100 - 28,201 $28,200 - 0 8 8 $48,050 - 38,401 $38,400 - 30,051 $30,050 - 0 DEMOLITION OF STRUCTURES WILL BE COMPLETED AT NO CHARGE TO PROPERTY OWNERS MEETING ANY OF THE INCOME ELIGIBILITY CATEGORIES ABOVE. DEFERRED LOANS ARE AVAILABLE THROUGH THE HOMEBUYER'S ASSISTANCE PR299M TO FAMILIES MEETING ANY OF THE INCOME ELIGIBILITY CATEGORIES ABOVE. t iu W x AAAOOSCt s, 1 03 I i i s.,n RVFW pQ8~Id6N0 ?3 Li - ~t. ~ - Ace e4aIle Cote ~ 3 STANDARDS OF WORKMANSHIP I I AQCn~lR4~1~~ STANDARDS OF WORKMANSHIP [4 3 GENERAL SPECIFICATIONS - 1.0 INDEX O Q Item Paae Item Pass 1. Foundation VII. Windows Leveling l 1. Wood Units 7 Skirt 1 2. Aluminum Units 7 3. Creephole Door 1 3. Window Screens 7 4. Ventilation 1 4. Reputty 8 5. Floor Framing 2 S. Window Glass 8 6. Floor Joists 2 6. Replace Sills 8 7. Weatherstripping 8 II. Walls (exterior) 8. Storm Windows 8 1. Replace Stud Wall 2 2. Repair Asbestos Siding 2 VIII. Exterior Trim 3. Repair Comp. Siding 2 1. All Exterior Trim a 4. Straighten Walls 2 2. Masonry B 5. Replace Siding 2 IX. Finish Floors III. Porches 1. Wooden 9 1. Removal 3 2. Tile Installation 9 2. Replace Wooden Flooring 3 3. Carpet 9 3. Wrought Iron 3 4. Wood Columns 3 X. Walla (interior) 5. Concrete Porch 3 1. Dry Wall Products 10 6. Stoops 3 2. Wainscot 10 7. Steps 4 3. ceiling Insulation 10 8. Handraile 4 4. Ceiling Finishes 10 9. Guardrails 4 XI. Mill Work 1V. Walks and Drives 1. Material 11 1. Walks 4 2. Workmanship 11 2. Driveways 4 3. Approaches 4 XII. Painting 1. Material 11 V. Roof 2. General Requirements 12 1. Level 5 3. Preparation of Surfaces 12 2. Decking 5 4. Exterior Painting 14 3. Cutter and Downspout 5 5. Masonry Painting 14 4. Flashing and Valley 5 6. Interior Painting 14 5. Repair Comp. Roof 5 7. Caulking 14 6. Now Built-up Roof 5 S. Application 14 7. New Built-up over old 5 B. New Comp. over old 5 XIII. Finish Hardware 9. All Roofing Work 6 1. Finish Hardware 15 VI. Doors XIV. Miscellaneous 1. Exterior Doors 6 1. Counter Tops 15 2. Frame 6 2. Attic Vents 15 3. Threshold 6 3. Mechanical Ventilators 15 4. All Now Openings 6 4. Vent-a-hoods 15 5. Remove 4 Close opening 6 5. Built-ins 16 6. Wooden Screen Doors 6 6. Attic Insulation 16 7. Interior Doors 7 7. Clean up 16 8. Storm Doors 7 8. Site Drainage 16 AAA005CE 'f3 Item Pace Agendaltem_z~ XV. Plumbing Date 1. Bathroom Accessories 16 2. Heating 16 3. Air Conditioning 16 4. Plumbing Linea 16 5. Septic Tanks 16 XVI. Electrical 1. Electrical Lines 17 XVII. Energy Conservation 1. Doors and Windows 17 2. openings 17 3. Pipe Insulation 17 4. Duct Insulation 17 5. Dealgqn Insulation 17 6. Calling Insulation 17 7. Wall Insulation 17 XVIII. Span Tables 1. Ceiling Joists lB 2. Rafters 19 3. Floor Joists 20 XIX• Miscellaneous 1. Construction Code Info 21 2. Safety Standards 22 f AAA005CE q q a AQeada No.~.~ -o ~ S' pgo~dallem GENE S E IFICNR L~1B---L~ ~r3 • TRADE N y ~ G AMES. Are used to establish a guide as to quality of material required. and type MATERIALS; Shall be new, in good condition and of standard unless otherwise specified. grade REPAIRS; Where repairs of existing feature is to be placed in "equal or wnewt$ co called for, the betremoved a drepl ced,-a dl the finished work shall mat 9 , loose or rotten either by chi work in design and dimension. parts shall match adjacent IMPLIED WORK; Work specified and not not specified will be executed as if own on drawings or drawn fully methods; and any work or materials which are not directly b the specifications or drawin s by both carrying out of the obvious intents ns thereof are to be y noted in as implied work and will be necessary rovi for the proper proposal as fully as if specifically for by the ractoreinthis y described and d d drawn. EXAMINATION OF PREMISES: It Is und Contractor has by careful examination erstood and nature and location of the work agreed that the to sati sfi ed himself as to the be encountered ' the character and quality of the all matters which can in ' the gway affect eneral and local conditions, and contract, The proposal shall to based on the the work under this and contract documents supplemented by the conditi, plans specifications ons at the site. REMOVAL OF PORTIONS OF THE STRUCTURE: Removal of portions of the sha s amo of the tructure da age to done re rin a emaining workmanlike manner with g portions of the structureinimum I. FOIJ~ioN 1. LEVELING: Shall be done in accordance with the building code. 2. SKIRT; Shall be constructed of confuzming materials with 8 inches 2-a or 24 gauge galvanized flashing with 2 inches overlap on bottom of skirt and extended into ground. 3. CREEPHOLE DOOR; Shall be hinged and constructed of such rodent proof material as to conform with foundation skirt, and shall be adequate size entrance to crawl space. (S e; c and stops) 24 inch 24 i for 4. FOUNDATION VENTILATION; Under-floor areas shall be ventilated by openings in exterior foundation walls. Such openings shall have a net area of not leas than AAA005cE ~S -1- A1:em, !eta ~ i square foot for each 150 square feet of under-floor area. Openings shall be located as close to corners as practical and shall provide cross ventilation. The required area of such openings shall be approximately e opposite sides. qually distributed along the length of at least two mesh shall b mesh covered i corrosion-resistant ire They openings of 1/4 inch in dimension, 5. FLOOR FRAMING: Replace all rotten or deteriorated flooring pieces with a standard grade material. All materials should comply with existing codes, 6. FLOOR JOISTS: Reference specifications as noted on Page 20. II. WALLS EXTERIOR 1. WALL FRAMING: Replacement studs shall conform with existing wall framing. In the event an entire wall is added or replaced, the following criteria shall be applied: stud grade 2 x 4's located at load-bearing walls shall have a maximum height of 10 feet, shall be spaced a maximum 24 inches OC, supporting roof and ceiling only, shall be spaced a maximum 16 inches OC supporting one floor, roof and ceiling. Stud grade 2 x 40s located at non-load-bearing walls shall have a maximum height of 14 feet; shall be spaced a maximum 24 inches OC. Utility grade studs shall not be spaced more than 16 inches OC nor support more than a roof and ceiling, nor exceed 8 feet in height for exterior walls and load-bearing walls, or 10 feet for interior non-load-bearing walls. 2. REPAIR ASBESTOS SIDING: Replacement shall be conforming pattern, type and color. If unable to match the structure shall be painted to make color conform. 3. REPAIR COMPOSITION SIDING: Replacement shall be of conforming pattern, type and color, If unable to m atch, the structure shall be painted to make color conform insulated composition piminimum weight 12251 per square, per square, 4. STRAIGHTEN WALLS: Walls shall be straightened by removing necessary wall boards (either exterior or interior) in order to work wall framing to a straight and even plane. Replace such structural members as required and brace properly. Reinstall siding and other components in a workmanlike manner. Caul_ __k _all gAkgrior joints efore paintincr, AAAOOSCE ,1/_ -2- k r 5. REPLACE SIDING: All wood siditA sh'a1 be p grade or equivalent. Siding shall have WMAlni~utn l~Ickness of 3/8 inch unless placed over sheathing that has an ICBO (International Code of Building Officials) approval. Siding patterns known as rustic, drop siding or shiplap shall have an average thickness of not less than 3/8 inch. Bevel siding shall have a minimum thickness measured at the butt section of not less than 7/16 inch and a tip thickness not less than 3/16 inch. All weatherboarding or siding shall be securely nailed to each stud with not less than one nail, or to solid 1 inch nominal wood sheathing or 1/2 inch plywood sheathing with not less than one line of nails spaced not more than 24 inches OC in each piece of the weatherboarding or siding. All fasteners used for the attachment of siding shall be of a corrosion-resistant type. III. PORCHES 1. REMOVAL: Shall be done in such a manner as to cause a minimum amount of damage to the remaining structure. Adequate bracing and strengthening shall be done as necessary for the main structure after removal. 2. REPLACE WOODEN FLOORING: Flooring shall be of tongue and groove type, and preservative treated to prevent deterioration unless otherwise specified. 3. WROUGHT IRON COLUMNS: Colonel Logan or approved equal equivalent. 4. WOOD COLUMNS: Shall be a minimum 4 inches x 4 inches dimension. Columns and posts located on concrete or masonry floors or decks exposed to the weather or to water splash which support permanent structures shall be supported by concrete piers or metal pedestals projecting above floors, unless approved wood or natural resistance to decay or treated wood is used. The pedestals shall project at least 6 inches above such floors. Individual concrete or masonry piers shall project at least 8 inches above exposed ground unless the columns or posts which they support are of approved wood of natural resistance to decay or treated wood is used, 5. CONCRETE PORCH: Shall have a compressive strength at 28 days of at least 30001 PSI. &oncrete will be deposited when temperature is 36 F or above and rising. Concrete shall not be deposited on fro en mund. Shall be reinforced with M;.^.lmum s wire mesh. - I AAA005CE -3- k Age BNB 1 °~5 Agead~k~em 6. STOOPS: Are to be constructed of h~m~at1-as to conform with existing roof, an shall have all necessary structural members required to form a structurally sound unit. 7. STEPS: If steps are called for, they shall be poured monolithically, and shall have an 8 inches maximum rise and 9 inches minimum run. 8. HANDRAILS: Handrails shall be required for stairways having four or more risers and serving one individual dwelling unit. Handrails shall be placed not less than 30 inches nor more than 34 inches above the nosing of treads and shall extend not less than 6 Inches beyond the top and bottom risers. The handgrip portion of handrails shall be not less than 1 and 1/4 inches nor more than 2 inches in cross-sectional dimension or the shape shall provide an equivalent gripping surface. The handgrip portion of handrails shall have a smooth surface with no sharp corners. 9. GUARDRAILS: All unenclosed balconies or porches which are more than 30 inches above grade or floor below shall be protected by a guardrail. Guardrails shall be not less than 42 inches in height. Open guardrail and stair railings shall have intermediate rails or an ornamental pattern such that a sphere 6 inches in diameter cannot pass through. IV. WALKS DRIVES 1. SIDEWALKS: Concrete shall have a compressive strength at 28 days of at least 3000 P.S.I. Concrete will be deposited when temperature is at 36 degrees Fahrenheit or above the rising. Sidewalks shall be reinforced with a minimum single layer of 6-gauge mesh, 2 layers of 10-gauge mesh, or 03 rebar 18 inches O.C.E.W. Sidewalks shall have a minimum grade of 1/4 inch per foot. 2. DRIVEWAYS: Concrete shall have a compressive strength at 28 days of at least 3000 P.S.I. Concrete will be deposited when temperature is 36 degrees Fahrenheit or above and rising. Driveways shall be reinforced with a minimum single layer of 6-gauge mesh, 2 layers of 1 10-gauge mesh, or 03 rebar 18 inches '?.C.E,W. All driveways shall have a minimum concrete thickness of 5 inches, with a minimum grade of 1/4 inch per foot. Expansion joints, constructed from wood of natural resistance to decay, such as the heartwood of redwood, bald cypress, or the cedars, shall be placed at a maximum of 30 feet intervals. AAAOOSCE -4- t x 3. DRIVE APPROACHES. Prior to begir~PH}{ 'i~~-, 'Alr69ie- public right-of-way, contact the()yildin~ japs4tion Department at 566-8360. V. ROOF 1. LEVEL: Install sufficient bracing to remove and prevent recurrence of sway and to maintain a true and even plane. 2. DECKING: Repair by replacing defective sheathing boards leaving new deck surface smooth and clean, and adequately secured to structural members. Nails to be 8d common or box for shiplap= all other 1 x 242 materials shall have 8d common or box nails and 6d common or box nails for plywood sheathing 6 inches OC along all edges and 12 inches OC along intermediate members for plywood. Plywood is to be sheathing grade no less than 318 inch but be same thickness as e . Floors shall be trimmed flush at any cha,ige in elevation in excess of 1/8 inch. 3. GUTTER AND DOWNSPOUT: Shall be of galvanized metal properly hung with 1/4 inch hardware cloth screen to prevent entrance of foreign materials, and shall have 1 a concrete inches splash guard inches under the downspout. Minimum 2 strap anchorage 7 feet - 0 inches height. . 4. FLASHING AND VALLEY MATERIAL: All shall be 26 gauge galvanized iron. Valley tin shall be a minimum of 20 inches wide. 5. REPAIR OF COMPOSITION ROOF: All missing or broken shingles shall be replaced. Renail all loose shingles. Replacement shall be of same color, design, weight and brand (if possible) as existing roofing material. 6. NEW BUILT UP ROOF: Nail one (1) ply of 301 felt. Mop two (2) plys with 151 felt properly mopped with hot tar. Apply hot mop and gravel, properly spread to create a uniform and durable roof. 7. NEW BUILT UP ROOF OVER OLD: Thoroughly clean surface. Install two (2) plys of 151 felt properly mopped with hot tar. Apply hot mop and gravel properly spread to create a uniform and durable roof. 8, NEW COMPOSITION ROOF OVER OLD: Properly repair structural wood material by replacing all rotten and defective necking, overhang, rafter ends, fascia and cornice. Apply 2351 compoyiLion roof with 1 1/4 inches galvanized roofing nails. Install according to AAA005cr 14 Q -5- L e S- Agenda No B _6 manufacturer's recommendations. Install *1nbcch x 1 v 1/2 inches metal edging over all exposed edges of roof, No more than one overlayment or two layers of composition roof shall be applied to any structure. Maximum allowable span for rafters specified on attached tables. 9. ALL ROOFING WORK: (either new or old) Shall be accomplished in a workmanlike manner, and shall be done in accordance with manufacturer's recommendations, and installed in such a manner (with proper flashing, counter flashing and all other necessary components) to prevent leaks of any kind. Provide temporary covering for roof when adverse weather conditions prevent the roofing and asso A ated work from being installed and protection is required. Maximum allowable span for rafters specified on attached tables - page 16. VI. DOORS 1. EXTERIOR DOORS: Shall be of exterior standard grade with a minimum thickness of 1 3/4 inches. Doors shall be six panel solid core type paint to match exterior. All exterior doors shall be weatherstripped with M-D Nu-Koil, vinyl and aluminum, or approved equal. Threshold set in mastic and door bottom weatharstrib. New door should conform to existing dimensions unless otherwise specified. Installation of a door includes new keyed lock, dead bolt and all new hardware. 2. FRAME: Shall be of 2 inches material, properly plowed jamb, to receive 1 3/4 inches door. 3. THRESHOLD: Shall be of proper height and width for the particular opening. 4. ALL NEW OPENINGS: 4 feet wide or less in bearing walls shall be provided with headers consisting of either two pieces of 2 inch framing lumber placed on edge and securely fastened together or 4 inch lumber of equivalent cross section. All openings more than 4 feet wide shall be provided with headers or lintels. Each end of a header or lintel shall have a length of bearing of not less than 1 1/2 inches for the full width of the lintel. All non-bearing loads shall be constructed with two 2 x 4 headers placed in such a manner as to remove all trace of closing. 5. REMOVE AND CLOSE OPENINGS After removal, structure shall be properly strengthened and openings shall be covered with conforming exterior and interior finish materials in such a manner as to remove all trace of closing. AAA005CE ~D -6- I A rrA3No / Apcnla1:CM a 6. WOODEN SCREEN DOORS: Shall be of select preservative treated Western Ponderosa Pine with dowel joint construction and furnished with 18/16 mesh corrosion resistant aluminum screen wire. Minimum thickness 1 1/8 inches. 7. INTERIOR DOORS: Shall be of interior standard grade with minimum thickness of 1 3/8 inches. Ideal Brand or equivalent. Door frame shall have a minimum thickness of 3/4 inch. 8. STORM DOORS: Storm Doors are to be of aluminum, baked-enameled, factory finished. Unit is to include threshold, weatherstripping, closer chain stop and lock assembly. Door is to be hinged on the same side jamb as exterior door, or as indicated in drawing on work write-up. Door must give a tight fit when closed. (Larson Model Number 290 and 280 or approved equivalent.) VII. WINDOWS 1. WOOD UNITS: Shall be constructed of type "S" or "T" stiles, check rail or plain rail. Material shall be of preservative-treated Western Ponderosa Pine. Ideal brand standard grade or equivalent. Minimum thickness of 1 3/8 inches. All windows shall conform to existing dimensions unless otherwise specified. All shall be doublepaned with screens, 2. ALUMINUM UNITS: Shall be constructed of heavy gauge extruded aluminum sections (minimum thickness .062). Exposed surfaces of all aluminum members shall be extruded of First Class Finish material with no serious defects or blemishes. All joints shall be neatly fitted, secure, and made water-tight. Operating sashes are to be properly woather-stripped to minimize entrance of air and mois,:ure. Double pane shall be Allenco, Jordan or equivalent brand. Double pane (thermal insulated) windows shall always be installed unless otherwise specified. All windows shall conform to existing dimensions unless otherwise specified. All shall be doublepaned with screens. 3. WINDOW SCREENS: Wood screens shall be constructed of 3/4 inch material; header and sides shall be minimum of 2 inches in width; base shall be minimum of 3 Inches in width; and shall be properly doweled at joints and screen wire shall be 18/16 mesh aluminum or galvanized screen wire. Aluminum screens shall be of standard design and construction with a minimum cross rail and frame width of 1/2 inch, and thickness of 3/8 inch, and wired with 18/16 mesh corrosion-resistant AAA005C6 -7- ~r ~I z ~}godaNo eta 7- I'3 ,Qd.S3 G aluminum wire. All window screens shall be full screens, 4. REPUTTY: Surfaces shall be properly prepared by removal of all cracked or otherwise unsound glazing material. Proper holding devices will be installed. New glazing compounds shall be of a good grade and applied according to manufacturer's specifications. Type glazing compound shall conform with usage. 5. WINDOW GLASS: All broken or cracked glass shall be replaced with minimum of DSB glass. (Tempered glass must be used if within 12 inches of exterior door. 6. REPLACE SILLS: Wooden sills shall be of preservative treated Western Ponderosa Pine, and shall be made to join neatly with the window jamb and structure. caulk, prime and two coats of finis-h-raint. 7, WEATHERSTRIPPING: Shall be applied in such a manner as to prevent the entrance of air and moisture. 8. STORM WINDOWS: Furnish aluminum double hung storm window and screen unit in all openings specified in the Bid Work Write-up, Size unit to install on either new or existing window as specified. Exposed surfaces of aluminum shall be free of surface blemishes and uniform in color. Furnish aluminum fixed panel storm window and screen where specified. If no existing fastening system is present, units shall be installed with suitable fasteners to allow a tight fit, waterproof seal, but still provide removal of unit. Erection shall be by experienced mechanics only. Windows shall be provided with all necessary hardware for installation. Perimeter shall be caulked, grouted. Window shall be installed plumb, true to plane and firmly secured. Leave frame and opening in a like new condition (Alionco, Jordan or equivalent brand). VIII. EXTERIOR TRIM 1. ALL EXTERIOR TRIM: (Corner boards, bird boards, fascia boards and other mouldings) shall be of D grade and applied in a workmanlike manner. $epl4ce all trim if existing trim style is (lot available. 2, MASONRY: All masonry work shall be applied in a workmanlike manner. Where brick is installed, there shall be a continuous reinforced concrete grade beam with proper footings. All joints shall be properly tooled and left in a clean condition. Building face brick shall be of gas-fired solid clay or shale units. AAA005CE .8- ~L ' y ti t~gEadaNo. Apc~C;1e~'ZS Cate !a 3 PeiYV e? Icy structural clay tile, concrete masonry uni and stone shall be of an approved equal equivalent. IX. FINISH FLOORS 1. WOODEN: All damaged portions shall be removed and new flooring of the same type and material applied. All surfaces shall be properly sanded, filled, sealed and varnished with two coats of gloss varnish. Bruce Flooring and finishing products or equivalent. All damaged subfloering shall be replaced with materials gimilar to existing. Floors shall be trimmed flush at any change in elevation in excess of 1/8 inch. Floor joists shall conform to attached span tables - page 17. 2. TILE INSTALLATION: All vinyl-asbestos or inlaid linoleum floor covering shall be minimum 10 mils. Surfaces shall be properly prepared either by sanding and removing all foreign material from surfaces, filling properly, and cleared; or by installing an underlayment in a neat and workmanlike manner according to manufacturer's recommendations. Floor covering shall be a first-line inlaid linoleum or a first-line vinyl asbestos tile. covering shall be installed in a workmanlike manner, and with mastic materials recommended by manufacturer. Remove base tam and replace after placing floor covering. Install quarter round base trim if no trim exists. J. CARPETS Prepare floor area by correcting subfloor of any irregularities. Clean the area thoroughly prior to laying carpet. Lay carpet and pad wall to wall in conformance with manufacturers directions. All carpet shall have a face weight of 24.5 oz. or more. Carpeting shall be stretched tight, free from puckers, scallops, and ripples. Carpeting shall be cut evenly and fitted close to walls and all other projections. It shall be cut to fit closely and evenly nto trim strips and to and through thresholds where carpet joins together in doorways. Filler strips in carpeting shall not be less than 12 inches wide and 96 inches long. All carpet shall be lined up so that all lines (weaving) of carpet match as woven. Both in width and length. Re-fit all doors as necessary so that they clear carpeting completely when opening and closing. Remove all loose threads and clean any spots with spot remover, final vacuum. Allow only a minimum number of seams; no T or head seams will be allowed, Make seams parallel and perpendicular to walls, Do not make seams perpendicular to doors. Make cuts under doors at the mid-point of the door thickness when the door is in the closed position. Lay all carpet with the tufting or nap in one direction. AAA005CE ~,3 -9- s rA 'a 1? Al _l?9 68 t~ ~ pJ.Ts- Installation on Stairs: Place seams at the bottom of risers, Use carpeting that is full width of the widest part of the stairway. Wrap carpet and pad around balustrades; fasten to the tread and riser face. Fasten carpet and pad at the top and bottom of each riser. X- WALLS (INTERIOR) 1. DRYWALL PRODUCTS: All drywall products shall be a minimum thickness of 3/8 inch where framing is not greater than 16 inches OC. Where framing is 24 inches OC, drywall products shall be no less than 1/2 inch in thickness. All drywall products are to be installed in a workmanlike manner. Where repairs are being made, drywall products shall be of the same thickness as existing material. All drywall products shall be taped, bedded, floated, sanded and textured in a workmanlike manner, and dried properly (minimum of 24 hours drying period between each coat shall be allowed). 2. WAINSCOT, Where masonite or temper the is used, it shall be installed with metal trim and sealed properly to prevent entrance of moisture. Where ceramic the is used, it shall be installed with an adhesive recommended by the manufacturer, or installed on metal lath and masonry mortar, and grouted properly to make moisture proof, All wainscot shall be installed a minimum of 4 feet high (off floor) in all bathrooms, and shall be a minimum of 70 inches above the drain inlet around showers and bathtubs. 3. CEILING INSTALLATION: Install wallboards with long dimensions at right angles to the supporting members, ends rest on supporting members. Stippled ceiling - remove all loose and chipped paint and sand surfaces of semi-gloss or paint surfaced. Apply joint compound and tape if necessary to any sub-surface cracks or nail pops and allow to dry overnight. Apply a 3/16 Inch minimum to 6/16 inch maximum skim coat of ready mix joint compound as evenly as possible over prepared surface. Immediately push soft brush into compound and pull out perpendicular from surface. Any design must be approved by Owner. Joint compound shall not exceed 1 1/2 gallons per 100 square feet of surface. Joist placement shall conform with attached span tables - page 15. 4. CEILING FINISHES! Drop ceilings shall be 1/2 inch Gypsum. A cove molding (3/4 inch or 1 1/P inches) shall be provided where ceiling butts wood or paneled walls, Finish shall be heavy texture or as specified by Owner, Install 1 inch by 3 inches furring strips AAA005CB -10- i a AoordaAo Aouil!", lie ixi~e _._lu?_iiA L 12 inches square ceiling tile. (Acou cal) Tile shall be interlocking, pattern and color to be selected by Owner. Provide manufacturers molding to the perimeter. Suspended ceilings shall have exposed "T" Bar or un-exposed "T" Bar, as specified, to be installed per manufacturers directions. XI. MILL WORK 1. MATERIAL (GRADE AND SPECIES): Material shall be of a select grade of white pine or equivalent. Plywoods shall be of AD grade or equivalent. 2. WORKMANSHIP: All measurements and dimensions shall be verified at the job and the General contractor shall be responsible for any work that does not fit properly. Rough carpentry shall be self fitted and nailed and drawn up tight. Finish work shall be finished smooth, free of machine or tool marks, abrasions, raised grain, etc., on exposed surfaces, and shall be machine sanded and hand dressed to a smooth finish. Joints shall be tight and so formed as to conceal shrinkage. Mill assemblies shall be joined with concealed nails and screws where practical, or with mortise and tenons with glued blocks where practical. All molded members and trim shall be mitered or coped at corners. Nails in exposed work shall be set. Running flat finish shall have kerfed or worked hollow backs and shall be on commercial lengths. Trim around doors and openings shall be full length and jointed only at corners. Scribing, mitering, and joining shall be done accurately and neatly. XII. PAINTINGAI 14 MATERIALSt Paint shall be well ground, shall not settle badly, cake, or thicken in the container, shall be readily broken up with a paddle to a smooth consistency and have easy brushing properties. Paint shall be rearly mixed except that tinting and thinning may be done at the job. All paint materials shall be delivered in original unopened containers, with labels and tags intact. All materials shall be of the highest quality and be used for the purpose for which it was manufactured. USE OF A LEAD BASE PAINT SHALL BE PROHIBITED. All raw wood should be primed and painted to match existing as closely as possible. Include this in the birl for the installation of the new material. 2. GENERAL REQUIREMENTS: Maintain temperature of rooms where varnish or enamel is being applied at 706F, or more, and at 501F or more during other interior AAA005cE -11- S5 x 9 E rardo .3 oel S- ~tcm~ J ~11~. 12 - 7 painting. Exterior painting shall be m~~ Z7- the air temperature is 10'F or high Pr randm in kdry weather. Field painting will not be required on items specified to be completely finished at factory or on aluminum, copper, brass, and bronze, or one glazing compound in aluminum windows, withh s oitol pa Baint,ck prime wod ryonerd a cboeatwteofenc lioansteed(z me paint to work from dam trim 5 days). Protect all dage by the use of drop cloths. Remove paint stains completely from finished work. Covering shall be complete. When color, stain, dirt or undercoats show through the final coat of paint the work shall be covered by additional coats until the paint is of uniform color and appearance and coverage is complete. Where two coats or more of a are specified, the coat applied prior to the finishtcoat shall be applied noticeably lighter in shade than the final coat. ]tardware and accessories, fixtures, and similar items placed prior to painting shall be removed or protected during painting and replaced on completion of painting. Sand interior enamel surfaces lightly between ccats. In the selection of paints, a reasonable choice of colors shall be offered to the homeowner. 3. PREPARATION OF SURFACES., Perform preparation and cleaning procedures in accordance with aint manufacturer's instructions and as herein specified, for each particular substrate condition. Remove hardware, hardware accessories, machined surfaces, plates, lighting fixtures, and similar items in place and not to be finish-painted, or provide surface-applied protection prior preparation and painting operations, t Remover rfaif necessary, for complete painting of items and adjacent surfaces. Following completion of painting of each space or area, reinstall removed items, Clean surfaces to be painted before applying paint or surface treatments. Remove oil and grease prior to mechanical cleaning, program cleaning and painting so that contaminants from cleaning process will not fll onto wet, newly-painted surfaces. All surfaces requiring finishing shall be thoroughly cleaned and dry prior to painting, Exterior Surface Preparations Remove existing loose, scaling, pealing or cracking paints scrape, sand or wire brush surfaces to smooth condition to receive finish, feather edges into sound adjoining surfaces and dust clean. Such treated surfaces to receive two coats of paint. Protect glass, screen and finished surfaces adjacent to painted surfaces. Remove paint AAA00506 'lG -lz- I V~ 0 ~ ~gendaNo Agydallom 1S S I / misapplied to non-painted Vrfae-as Perform the following preparation operations for various interior substrates as indicated: Wood: Shellac knot holes, pitch pockets and sappy portions, or seal with knot sealer. Remove projecting nails, screws, or hooks. Fill nail holds, cracks and defects after first coat, with putty matching color of stain or paint. Steel and Iron: Remove grease, oil, dirt and dust. Touch-up chipped and abraded primer on items that have been shop primed, using same type of primer. Plaster, Concrete, Masonry: Check for high moisture and alkali content. If high alkali is present, dry out the surfaces. Prime new materials. Gypsum Wallboard: Clean and sand existing surfaces. Apply one coat of texture, sealer and primer to new material. Painted and Stained Surfaces Remove loose paint, dirt, fungus and other foreign materials from the surface. Smooth surfaces with steel wool or sandpaper. Wallpapers Remove all paper to firm subsurface. Patch holes in subsurface, and apply seal coat. Interior Surface Preparation: Remove existing loose cracking, scaling, peeling and/or blistered paint= scrape sand or wire brush surfaces to smooth condition to receive finish, feather edges into sound fadjoining ollowing surfaces, and dust clean, perform preparation operations for various interior substrates as indicated. Wood: Remove projecting nails, hooks or screws. Shellac knot holes, pitch pockets and sappy portions, of seal with knot sealer. Fill nail holes, cracks and defects after first coat, with putty matching color of stain or paint. Prime new materials; spot prime existing materials. Steel and Irons Remove grease, oil, dirt and dust. Touch-up chipped and abraded primer on items that have been shop primed, using same type of primer, Plaster, Concrete, Masonry: If high alkali is present, neutralize to suitable levels. If high moisture is present, dry out the surfaces. AAAOOSCB -13- h~ Y i, ) AavdaNo o y A~E7tlalI~em_ 5-c~ Painted, Wallpapered and 56aine rf~ac,~¢ Remove loose paint or wallpape44a_tiir-t-j- uflg3s~ or other foreign materials from the surface. Smooth surfaces with steel wool or sandpaper. * All raw wood should be primed and painted to match existing as closely as possible. Include this in the bid for the installation of new materials. 4. EXTERIOR PAINTING: Exterior woodwork shall be painted to cover as follows: First coat shall be exterior primer, and additional coats shall be oil base or exterior latex paint. Pittsburgh Weather Fresh 33-110 paint or equivalent. 5. MASONRY PAINTING: (All exterior concrete masonry except face brick): All exterior masonry surfaces shall receive a minimum of overcoat of primer and filler as manufactured by a masonry paint company, and a minimum of coat of acrylic, and shall be applied in strict accordance with the manufacturer's recommendations. 6. INTERIOR PAINTING: Kitchen, wood doors, wood, trim, and other finish woodwork shall be painted to cover with (primer on new work) oil based enamel (gloss selected by owner). Walls, ceilings and all drywall products shall be painted to cover with latex enamel paint. (color selected by owner). All paint containers shall bear a label containing the product name and the manufacturer, together with an Underwriters Laboratories, Inc. label, which indicates the required surfaco covering and resulting flame spread characteristics for various applications (Pittsburgh Wall Fresh 68-6 paint or equivalent). 7. CAULKING: Completely seal, with caulking compound, joints around frames of doors, windows and other openings in exterior masonry wally, joints where masonry abuts other exterior surface finishes and other joints indicated or specified to be caulked. Caulking compound shall be Grade 1, or equivalent, and be delivered to the job in the manufacturer's unopened containers. S. APPLICATION: Work shall be done by skilled mechanics and shall be uniform in appearance, of approved color, smooth and free from runs, sags, skips, and defective brushing. Make edges of paint adjoining other moldings or colors, sharp and clean without overlapping. Should workmanship of finish be found defective, proper preparatory work shall be done and additional coats applied as necessary to give a finish in accordance with specifications. At completion, AMOOSC6 -14- H Ager~aFto - 7"13_. touch up and restore finish w eare~amaged or defaced and leave in first class condition. Painted or finished surfaces cut in fitting or erection shall be restored. XIII. FINISH HARDWARE 1, FINISH HARDWARE; All exterior door locks shall be properly installed with key-in-knob and deadbolt, Weiser, Schlage, Westlock brand. Where more than one new lock is installed to the exterior of building, these locks shall all be keyed alike. All exterior door butts shall be minimum of 3 1/2 inches x 3 1/2 Inches in size with minimum of 3 butts to each door. All new interior passage locks shall be of Weiser, Schlage, Westlock brand and shall match as nearly as possible.the existing locks. All interior door butts shall be minimum of 3 inches x 3 inches in size with a minimum of 2 butts to each door. All cabinet hardware shall be polished finished material and properly fitted as required for the particular use. XIV. MISCELLANEOUS 1. COUNTER TOPS: Tops material shall be securely bonded to reinforced steal core or to 3/4 inch plywood or other equivalent material. Top material shall be phenolic laminate, vinyl plastic covering, linoleum, ceramic tile, stainless steel, or their equivalent material suitable for its intended use. At least a 3 inches backsplash shall be provided when abutting walls. All edges shall be of same material as cabinet top. Where formica, linoleum, or plastic materials are used for cabinet top, all sinks shall be installed with Hudee rim. All sinks shall Le stainless steel, standard grade. 2. ATTIC VENTS: Attic vents and louvers shall be constructed of either heavy gauged galvanized iron or wood. They shall be of adequate size for proper ventilation of the structure. 3. MECHANICAL VENTILATORS: All mechanical ventilators shall be vented through the roof, and shall be covered with a rain-proof of galvanized metal (minimum 16 gauge). 4. VENT-A-HOODS: See work write up for numbers and makes. 5. BUILT-INS: (oven and cooking top - gas or electric) See work write-up for model, make and size. wooscr -15- ~1 f f. F Agerdaho. ~'o:f 7- 93 6. ATTIC INSULATION: Attic Wti wfion shall be a minimum of G inches thick r-cck wool fiberglass cellulose blown insulation, and evenly blown (from exterior plate to exterior plate) over the a hire attic of habitable rooms. Shall have an R value of 3Q, 7. CLEAN UP: Wash all windows, leave all floors, porches, and walks in "breom° clean condition. Remove all debris from the premises. S. SITE DRAINAGE: Where required by a change in the exterior building lines or to correct an existing condition where surface water runs toward or stands against the walls or foundation, the ground surface shall be graded in such a manner as to effect adequate drainage away from the structure and/or e*~ructures. XV. PLUMBING 1. BATHROOM ACCESSORIES: Each complete bathroom shall be provided with at least: Grab bar 50 pull and soap dish at bathtub, toilet paper holder at water closet. Soap dish at lavatory (maybe integral with lavatory), towel bar, mirror and a medicine cabinet or equivalent enclosed shelf space. In all cases where shower head is installed, provide a shower rod or shower door. Tub kit should be two piece fiberglass unit with overlapping edges (medium grade). 2. HVAC: For all air conditioning, wall furnaces, floor furnaces and forced air furnaces, BTU output should be adequate to heat area. This should be based on the square feet of the area the unit is intended to heat. The installing contractor must provide documentation showing the Energy Eff. Rating. 3. AIR-CONDITIONING: Addition or replacement of HVAC systems shall have high-efficiency systems and burners that are not oversized by more than 15%. The installing contractor shall provide documentation showing the unit's size and the energy efficiency rating. 4. PLUMBING LINESr All plumbing stacks shall be concealed in wall and extended through roof, with roof as . 5. SEPTIC TANK: Removal shall be done in such a manner as to cause a minimum amount of damage to the surrounding structures and landscaping. Fill shall be of such consistency as to prevent subsequent settlings of the fill. Fill with sand. A"005C6 -16- GO i ~ 0V ~erchu Ire * All Plumbing components, ! 3 I- shall shall meet he codes ~a nd aordinances mof ithe City of Denton, Texas. All work must be done by properly licensed individuals. XVi. F.LE:C_ f__ RI~AL* 1. ELECTRICAL LINES: All electrical lines shall be concealed or encased in an approved conduit. * All electrical components, installation, modifi- cations shall meet the codes and ordinances of the City of Denton, Texas. All work must be done by properly licensed individuals. XVII. ENERGY CONSERVATION STANDARDS These standards provide the mandatory levels in the rehabilitation of residential structures. It is realized that not all of the requirements can be followed in all situations due to existing building conditions and funds available. Any one or more of these requirements may be eliminated to the extent they are not practical, considering economic feasibility, program need and type of construction involved. See work write-up for specifications. 1. Doors must be weatherstripped and windows must be reputtied or caulked. 2. All openings, cracks or joints in the building envelope must be caulked or sealed. 3. Heating, ventilation and air conditioning systems must have pipe insulation to a value of R-2.* 4. Heating, ventilation and air conditioning systems must have duct insulation to a value of R-4.* 5. Heating, ventilation and air conditioning systems must be of a high efficiency design and must be no greater than 15% oversize.* 6. Ceiling insulation must be to a value of R-30.* 7. Wall insulation must be to a value of R-11.* * Applies only when construction elements become exposed or when new materials are installed. * For additional specifications and standards of workmanship see appropriate local code (page 18). AAAOOSCE -17- G L C E I L I N G J O ? L U M B E R 1LARINLIH ALL04IABLE SPAN/* GRADE 4 SPECIES SP0ING, 2X6 2X8 2X 10 2X12 19"11" 26'2" 33'S" 40'8" 2-CF l8' 1" 23' 10" 30~'5- 36' 10" 15'7" 20'7" -26'3"' 31,110 OOUGLAS F1 R 16'10" 22'2" 28'4" 34'60 03-OF 14'7" 19'3" 24729'11" 111549" 20'1" 24'5" ffilm # 2 - Y P " - • 39 10 14 19'6" 25'6" 32'9" , t7 8 23'4" 2919" -'36'2" 154 20'3" -._..25'9".... YELLOW P 1 NE 91'4" 16'4" 21'6" 27'6" 33'6" H3 YP 14'2"-- 160 g~ 23'11" _ 2910" - Jl'7^ 15'3" i 1906" 23'8" 12" 18'2" 24'0" 30'7" 37'2" 3 '5" #12-SPF 16" !5' 10" 20'10" 24" 12'11" 17'1" _ 2t~9,~ 2 b 6" SP RUCE' P I N E-F 1 R 12" 13'10" 18'3" 23,4„ 28'5" 113-SPF 16" l2 ts'l0" -'"-po 3 " 24 7" 24" 9' 10" 12' 1 1 00 ! b- 7' - 2O, 1 * TUESE SPANS ARE INTERPOLATED BY USE OF TILE FOLLOIIIR, TABLES OF THE 1979 LDITI01f OF T1lE UNIFf1P.11 BUILDINC CODE; Z ?ABLE NO.2SA•1-ALLOWAILEUNITSTAf5SES-STRUCIVRALLVMt(R ►-1 Allawapl/ Un(l 51f*116411 fa Slrvclunl LumMf-VISUAL ORAD(NO (Normal laading, See elia Swian 2564 TAILINO,MTJ4-ALLOMIAILI"ANN IOACtK1NOid111-ItL1ILPIRA FT, LM LOAD I-1 iOrywtl ce" M~N4 MNIK KIL Mw MM 4NNi11a ~~.,KF•Ih«al w to" in Inw*.µ" t'.1 a I Mort'rA. LIM W mqubw P" 1 Mw wfw• V GL s" R A F T E R L U M 8 R1nn+'w.arrAn~i?e L11 3 l b;~ , A E t SPECIES SPACING 2x6 2x8 2x j p 2x1 2 '~.i - 12' 16'50 21'6• 27'a• 3310• 1112-OF la• 14'3" 1819" 2410+ 29, 24' 11'7" 15'4' 1 D OUCLAS •F1 R 1917m 23'9+ ROM, - 12• 1217' 167 21'2" 1 r 43-OF 16' 10'11" 144• Jd'4 2519. 24• tl'11+ 4 11'9" - 14'11' 1812- 12` 16'2" 42-YP 16" r 21'4" 27'2• 33'1' Won id's" 23170 2817■ 24" 11'5" 15'1" 1913, YEt,LOV P1Nt: 23146 12" 12/3r !6 ! 20'7• l' 43-YP 1e" 251C• ICl'7" 13'11" 17'10• Z1'a' dumb" 240 d'9` 1J'S" 14'0' 17 a 12• 13'tl" talon 2310• 27'11• # 'Monoome 2-SPF 16 11't0" 15'7" E9'11' 24' g18" 12 16'3+ 21'2- SPRUCE-PI NE•F! R 19190 12" 10'4" 131711 1705+ 21'2• 3-SPF 160 8' 1 l" ! l19" 15' 1814 240 714" 9'7" 12'3' 14'11' TrsSZ IFAXI All: I1 ERYOLAT417 by USE of nM roL.LOWINC, TASL[S Of TIM 1979 X2111011 07-.,TRE UNIFORX MUM COD[: N TAIif NO. nA•I-ALLOWAUE UNrt $TAES$n-MUCrJRA1 LUM fa AllweO{e Ufri f IrMeH lei I Mg1wd l++lr+ben-YtiUAI O tlAd N0 INOrmw kw&1A$ 4ee W*4 644*" a" LLJ 1-- TAW MQ WAIS-AilOWAflf SPAMS PON MIaN $ton AAmAl ROM OWA IIM II LL M Lfl NM I& R. LM LOAD IL" Aloof city" M>rfl dI~ M+MI . t fa A S A NM 1r/ M+ ■ fa N/ la it M W awwerw fen Ara Ialr . N >f k N k l w r.L l3elwf r w 4 tlrlr O.Iv~ K M. W"fdk 1Mr we ea~d lib" fi, memomw M*dm ed Wet w rrryr~f r /Mrf r r+ 1..IIwr1 YIMA.a F L 0 0 R J 0 I Sr S f;RAOE a SPECIES SPA 1NC 2x6 2x8 2x10 2x12 Q120 10'11" 1465" 1815" 22'5" #2-OF 16" 9111" 13-1" 16'9" 2014's wa 24" 816" 11'3" 14'4" 1715" 000C1.As FIR 12" 931' 12'2" 1517" 18`11" 43-OF l6" 711" 1017" 13'6" 1651411 24 616" 867" 10'1111 1315" #2-YP 16" 12'10" 1615" 19'11" 1211 1614m 14'2" 18'0" 21'1111 24" 11 11~ 1410" 171I" YELI_OV P1 NE l2" 11110" 15'10 18'4" 43-YP !6" 1012" 13' 111 15' 1111 24" 804" 1017" 1310" 12" 10'01' 13'21' 16'101' 20'6" k#2-SPF 16" 61811 Il's" 14'7" 17'9" 24" 7'0" 9'4" 11'111' 1446" SpRUCE - P I N E-F 1 R 121' 717" 10'011 12'10" 151711 43-SPF 16" 616" 81811 1 111314 171511 24" 5@4" 711" 91011 111001 • TliM SPA4S ARE INTERPOLA,TID BY USE Of TIC: FOLLOkINR TABLES OF THE 1979 2ITI0110 F ,THE Utl?FA(-4 BUILDING CODE: ~i O TAILI NO. 7SA•t-ALLOWAILI UNIT STAISM-STRUCTURAL LUMI[A O Altow•01• UMI Sill m"j for SlroclurAl LumDa-VISUAL GRACING INoanW la"r4 S•o site S•ctton 7 s" IL TAIL[ NO, W,J•1-ALLOWAILf 1FAN$ FOR FLOOR JOISTI 64 L[[. FIR 10. FT. LIVAI LOAD Ot11IR tillA YI 144oe1ar.7r AO IAl Alan 14. R iM 444 1W'd Y w4 Ili INS" III A 1b Aa•~dl . Lm tWI At N iK W K ~Aw INI MN of t1 I►a N a4 R Ntarrlnon IN I0"W1 Alr *00 rM• G~f 21:1 A~Cfa8~0li XIX. MISCELLANEOUS (X.'~ a 1. COMMERCIAL AND MULTI-FAMILY INFORMATION CONCERNING CITY CONSTRUCTION CODES The construction codes which have been adopted for use in the city of Denton are: a. 1985 Uniform Building Code with Amendments b. 1973 Uniform Mechanical Code with Amendments c. 1984 National Electrical Code with Amendments d. 1979 Uniform Plumbing Code with Amendments Copies of these codes may be read in the Building Inspection Office. Permits are required on the following: Building New or Remodeling Swimming Pool Plumbing Fence Electrical Sign Heating, Ventilating 6 Cooling Sidewalk (if in Right-of-Way) Driveway Approach Lawn Sprinkler Following are required inspections and phone numbers to request those inspections: BUILDING ELECTRIC PLUMBING 566-8363 566-8361 566-8364 Approach Saw Service Rough-In Foundation Rough In Partial Rough Framing Slab Rough In Water Yd Line A C Duct Service Lateral Sewer Fireplace Underground Gas Yd Line A C Final Temp Power Stack Out FINAL BUILDING FINAL ELECTRIC GPa~ & GAS FINAL Fence Sign Vacuum Breaker Parking Mobile Home Roof Drain Setback Pool Grounding Sign Pool Final Swimming Pool Re-Connect THESE INSPECTIONS MUST BE REQUESTED BY THE CONTRACTOR DOING THE WORTS. PLEASE USE THE PHONE NUMBER INDICATED ABOVE, UNDER THE TYPE INSPECTION REQUIRED, TO REQUEST THAT INSPECTION. AAA005CE -21- ~P7 s ,1.,2_`:.7_- f'3 When area separation walls are required the portion within the attic shall be completed and inspected before ceiling is installed. It is the responsibility of the individual permittee to obtain required inspections before a building or use is completed or occupied. A CERTIFICATE OF OCCUPANCY must be issued on commercial projects, as required by the Zoning Ordinance and Building Code, before any structure is released for public use. 2. SAFETY STANDARDS: Every sleeping room below the fourth (4th) story shall have at least one (1) operable window or exterior door approved for emergency egress or rescue. The units shall be operable from the inside to provide a full clear opening without the use of separate tools. All egress or rescue windows from sleeping rooms shall have a minimum net clear opening of 5.7 square feet. The minimum net clear opening height dimension shall be 24 inches. The minimum net clear opening width dimension shall be 20 inches. Where windows are provided as a means of egress or rescue they shall have a finished sill height not more than 44 inches above the floor. Every dwelling and guest room in lodging houses and every dwelling unit within an apartment house shall be provided with smoke detectors approved by Underwriters Laboratories or Factory mutual. In dwelling units, detectors shall be mounted on the ceiling or wall at a point centrally locatc-1 in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are located on an upper level, the detector shall be placeki at the center of the ceiling directly above the stairway. All detectors shall ':,e located within 12 inches of the ceiling. When actuated, the detector shall provide an alarm in the dwelling unit or guest room. Every attic or furred space in which a warm-air furnace is installed shall be readily accessible by an opening and passageway as large as the largest piece of the furnace and in no case less than 30 inches by 22 inches continuous from the opening to the furnace and its controls. The opening to the passageway shall be located not more than 20 feet from the furnace measured along the center line of such passageway. Every passageway shall be unobstructed and shall have solid continuous flooring not less than 24 inches wide from the entrance opening to the furnace. AAAOO5CE -22- Ags~,daNo. n C.,! jc ILPI'Q A kitchen type exhaust hood which) g uir a- ent shall be vented through the roof fan not into the attic space. Exhaust fans vented to the outside or into ventilated attic space are required in all bathrooms unless an openable window is provided in the bathroom. Gas-fired water heaters may not be located in a bedroom or bathroom or in a closet opening into a bathroom or bedroom. Gas-fired water heaters located in garages must be elevated at least 18 inches above the garage floor and shall not be located in the pathway of an automobile. The number and location of receptacle outlets shall be as required by the 1981 National Electrical Code. i I I i t i AAAOOSCE G~ -23- =CITY TCOUNC' a aac~ {r t ~ r, O E:\YVDOLS\DRD \0.ENIREM. Q ApertdaNo ~ Agaidalte o - Date ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE GUIDELINES FOR THE RENTAL REHABILITATION PROGRAM A'JD ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton recognizes the need to assist low and moderate income families in securing safe, sanitary and decent housing; and WHEREAS, the City of Denton maintains a program to rehabilitate tenant occupied housing units by making needed repairs through its Rental Rehabilitation Program, which is administered by the City of Denton Community Development Office and funded through a fcieral grant; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That it approves the attached Rental Rehabilitation Program Guidelines and Eligibility Criteria and authorizes the City of Denton Community Development to administer this program. SECTION II. That it authorizes the expenditure of funds in excess of $15,000 by the Community Development office for projects meeting program guidelines and criteria. SECTION III. That this ordinance shall become effective immed- iately upon its passage. PASSED AND APPROVED this the _ day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: D~BRA A. DRAYOVITCH, CITY ATTORNEY BY' I AgtadaNo 93-e Ag 11 rite ~ a -7_ ~3 CITY OF DENTON RENTAL REHABILITATION PROGRAM GUIDELINES Ir4,y'Y.P x, AgPRONo TABLE OF CONTENTS Agm`1em Introduction Description of Program Procedures I. Eligibility Requirements II. Application Processing III. Contractor Selection, Monitoring and Debarment IV. Payment to Contractor V. Financial Subsidy Mechanism VI. Deferred Payment Loan with a lot Per Year Forgiveness VII. Appeals Procedure VIII. Program Guidelines IX. Minimum Rehabilitation Standards Appendices d x '~3CL!'h0 3 -n f~S Introduction l~ct ,,''cros1- The City of Denton Rental Housing Rehabilitation Program is designed to aF31st low and moderate income families in securing safe, sanitary and decent housing. This program's objective is to rehabilitate renter occupied housing units by making needed repairs with the first priority as correcting code violations. The Rental Rehabilitation Program is administered by the City of Denton's Community Development Office and funded through a federal grant. The Community Development Office is located at 110-H W. Oak Street. The following pages contain a detailed description of the program including policies and procedures. The purpose of these guidelines is to explain to potential clients and the citizens of Denton, the Rental Housing Rehabilitation Program and types of assistance available. For further information or clarification of the guidelines, contact the Community Development office at 383-7726. k 1 I air. DESCRIPTION OF PROGRAM PROCEDURES I . ELIGIBILITY RF Ali r71.},} f C QUIREMENTS: cC To be eligible for rehabilitation assistan'ct" applicant must be a citizen of the United States or a legal resident alien. The applicant must be the owner of a rental unit and should hold Fee Simple Title to the property. In the event the home is being purchased under a contract of sale, the seller must provide the purchaser with a warranty deed on the property before loan settlement occurs or consent to allow a lien placed against the property. The current tenants of the unit to be rehabilitated must be low income. Low income is defined by the most current HUD Section 8 Housing Program Income Limits. The following table shall be used to establish a tenant's eligibility based on gross family income and family size: HUMBER IN HOUSEHOLD INCOtM 1 $13,900 2 $15,900 3 $17,850 4 $19,850 5 $21,450 6 $23,050 7 $24,600 8 $26,200 The tenant's statement of income shall be verified by contacting the tenant's employer and/or obtaining a copy of the tenant's latest income tax return. Annual income includes earnings (wages, pensions, etc.) spouses earnings, interest from stocks, bonds, income from real estate, public assistance, etc. Also included is any amount regularly contributed by any other adult member of the family. Applicants must also exhibit the ability to pay monthly property expenses including mortgage payments, taxes, insurance, utility bills, etc. All property taxes assessed by the various taxing agencies in Denton County must be paid in full. II. APPLICATION PHOCESSIN Any property owners wishing to apply for Rental Rehabilitation assistance must complete the application and all other required forms included in the proposal packet. All information on the completed applications will be verified by the Community Development staff. If any information is found to have been intentionally falsified, the application will be rejected and the applicant will not be allowed to reapply. If the applicant is determined to be eligible for the program, a preliminary inspection will be made of the dwelling unit. The dwelling unit must meet AAA0039F PAGE 1 r certain standards to be considered 9?ab~ble.U 0 These standards are listed below: 1. The unit must be located within the recognized Rental Rehabilitation Target Area (Appendix 1). 2. The unit must not be situated in the Designated Flood Plain Area. 3. The unit must be classified as a renter-occupied structure. 4. The unit must be in an existing condition that would permit rehabilitation to bring the structure to meet Section 8 Housing Quality Standards. The first priority item in rehabilitation beyond section 8 Standards will be to correct code deficiencies (Appendix 2). 5. The unit must be serviced by a City approved water supply, sanitary sewer and electrical system. 6. The foundation of the structure must be in a stable condition which would permit lasting rehabilitation efforts. Project Selection Ultimate selection will be based upon an analysis of the following factors: Location of unit . . . . . . . . 5 Owner's ability to obtain private financing. . . . . 15 Number and extent of major health and safety violations to be corrected . . . . . . . . . . . . 10 Tenant displacement (preference given to no displacement) . . . . . . . . . . . . . . . . . . 15 Economic feasibility . . . . . . . . . . . . . . 10 Amount of subsidy required . . . . . . . . . . . . . 10 Equity in property . . . . . . . . . . . . . . . 5 Potential impact on neighborhood . . . . . . . . . . 10 Track record of landlord . . . . . . . . . . . . 10 Management and maintenance capabilities. . . . . . . 10 Quality of rehabilitation plan . . . . . . . . . . . 10 Accessibility or adaptability of unit for handicapped tenants. . . . . . . . . . . . 10 Commitment by landlord to and/or likelihood of low income tenant placement. . . . . . . . . . 25 145 Each proposal will be rated according to the factors listed above. Proposals which receive the highest ratings will be contracted out first, In cases in which the rating yields AAA0039F PAGE 2 1=.5 'fir equivalent scores, priority will' be_doterfi+ined -in accord with "first come-first served." III. CONTRACTOR SELECTION MONITORING AND DEBARMENT: Contractors participating in the Rental Rehabilitation Program will be selected by the eligible property owner. The property owner will be required to solicit a bid proposal from contractor based on the preliminary work write-up done by the CD inspector. The property owner cannot submit a bid proposal or act as the general contractor. The property owner shall also be responsible for supplying the contractor with a contractor's packet which includes the contractor information sheet, performance manual, general specifications for workmanship, all insurance and bonding requirements, a contractor's eligibility certification form and a copy of the preliminary work write-up. Did proposal and all other required forms from the contractors shall be submitted to Community Development Office for review. The bid proposal that is submitted by the property owner will be reviewed by the Community Development coordinator to determine if the total bid price is reasonable. Sid proposal must fall within a ten percent (103) margin of the cost estimate determined by Comm+inity Development inspector. The bid proposal will then be submitted to the Rental Rehabilitation Advisory Committee. The committee will make the final decision on the selection of bid proposals, THE CITY OF DENTON AND THE PROPERTY OWNER RESERVE THE RIGHT TO REJECT ANY AND ALL SIDS. If the bid proposal submitted by the property owner is approved by the committee, then the community Development staff shall proceed with the review of all other forms submitted by the contractor. Any contractor whose name appears on the most current HUD Debarred Contractor's List will not be eligible to participate in this program. References will be checked and claims of substandard workmanship will be cause to declare a contractor ineligible. Once the contractor has been selected and approved, a contract agreement must be signed. Before the contractor can start work, the property owner must issue a notice to rroceed. The contractor's work will be monitored by the property owner, the community Development staff and the City of Denton building code .inspector. If the property owner considers any work done by the contractor to be unsatisfactory or incomplete, the property owner should advise the contractor of the discrepancy and ask that it be AAA0039F PAGE 3 I P el,2Y fr corrected. In the event a[dispte_.4ists ybetween the property owner and the contractor with respect to the rehabilitation work, the City shall take appropriate action in accordance with the provisions of the corstrv:tion contract to assure that the owner is satisfied before making any payment to the contractor. In the event a dispute cannot be resolved, the Director of Planning and Development shall consider all pertinent facts and shall decide an appropriate course of action to resolve the dispute. Acceptance of Work 1. Final Inspection - In order for the contractor to close out a rehabilitation job, a final inspection shall be made by the City of Denton building code inspector, the Community Development Inspector, and the property owner. If the final inspection results in no additional work or no specified corrections, the property owner shall sign the contractor's release form which states that all work has been completed to their (property owner's) satisfaction. The building code inspector shall sign a final inspection form to confirm the same. At this time, the contractor is required to submit to the property owner copies of all warranties and releases of liens from subcontractors and suppliers. The Community Development Coordinator will not authorize payment to the contractor until these documents are properly completed and submitted to the property owner and copies provided to the Community Development Office. 2. Warranty of Work - As stated in the rehabilitation contract, the contractor shall guarantee the work performed for a period of at least one year from the date of final acceptance. The Community Development Inspector shall make a sixty day inspection of the rehabilitated property. Any deficiencies or complaints observed at this time shall be referred to the contractor. Contractor Debarment A contractor will be declared ineligible to participate in projects funded by the City of Denton's Housing Rehabilitation Program for one or more of the following causes: 1. Failure to complete a project within the prescribed contract period. 2. Failure to complete warranty repairs within a reasonable time period. AAA0039F PAGE 4 ~0 Jti,Tsh. ki1-%') 3. Failure to use licensed plumbing and electrical subcontractors. 4. Failure to obtain proper insurance, i.e., both liability and worker's compensation. 5. Failure to complete work in accordance with program specifications and/or accepted standards of workmanship. 6. Failure to pay all subcontractors working on the project appropriately and/or submit affidavits of payment signed by all subcontractors. 7. Failure to obtain proper permits for work in progress. Contractors will be notified of their proposed debarment and will be afforded the opportunity to comment or appeal the action. All appeals must be made in writing to the Community Development office at least 15 days after the date of the notification letter. Contractors debarred from the Housing Rehabilitation Program may no longer contact homeowners receiving CDBG funds with the intent of providing a bid on a project. IV. PAYMENT TO CONTRACTOR: The contractor shall receive payment for all completed contracts within 15 working days after final inspection approval. Ten percent (10%) of the total contract amount will be withheld for 30 days. At the end of this time, the property owner must approve release of contingency funds. An "All Bills Paid" affidavit or release of lien from all subcontractors and suppliers must be submitted before payment. Also, all Sections III forms, payroll forms and any other paper work required by the community Development Coordinator must be filed in the community Development Office before final payment is released. Rental rehabilitation partial payment minimum are as follows: projects over 50,000 at least lot per draw, projects under 500000 50% and final payment. V. FINANCIAL SUBSIDY MECHANISM: The maximum loan amount will be the lesser of $5,000.00 per efficiency, $6,500.00 per one bedroom unit, $7,500.00 per two bedroom unit, and $8,500.00 per three bedroom unit and up Qr 50% of the eligible project cost. The owner must comply with the terms of the note and mortgage executed at loan closing which include the following restrictions: AAA0039F PAGE 5 3S Ile - I. No conversion to condominiums or any type of cooperative ownership for the 10 year duration of the lien. 2. No discrimination against tenants receiving Federal, State or local rental assistance for the 10 year duration of the lien. 3. The project must be maintained in standard condition for the 10 year duration of the lien. 4. The owner must affirmatively market vacant units for a period of 7 years from the initial occupancy of the project. 5. The owner must comply with all applicable provisions of the Rental Rehabilitation Grant Program that are provided in 24 CFR Part 511 as it now exists or may be changed during the ten year tenure of the note. 6. No less than 703 of the leased units shall be :eased to lower income families a defined in 24 CFR 813.102 during the entire ten year tenure of the note. If the owner violates any of these restrictions, the entire amount of the loan less lot for each full year after completion of the rehabilitation of the units until the time of default, will be due and payable in full immediately after the owner is notified that the loan must be repaid. Provided however, that for projects of 25 units or more that enter into default because they are converted to any form of condominium or cooperative ownership not eligible for the Rental Rehabilitation Program the entire amount of the loan shall be repaid without any reduction during the 10 year period. VI. DEFERRED PAYMENT LOAN WITH _A 103 PER YEAR FORGIVENESS: Approved projects will receive a deferred payment loan which will be forgiven 103 per year. To be forgiven in full 10 years from the beginning date of the contract for rehabilitation. Provided that the owner has maintained occupancy by low income tenants as well as all other provisions of the program, the amount to be paid back shall be reduced by 103 of the original amount for each full year after completion of the units. Provided further that if the owner complies with all such provisions for the entire ten year term of the note and more than nine years have elapsed since the completion of the rehabilitation, then the entire amount will be the lesser of the allowable amount per unit or 503 of the eligible project cost. A-"0039F PAGE 6 VII. APPEALS PROCEDURE: Applicants who have been determined by the Community Development Coordinator to be ineligible for rehabilitation, may appeal this decision to the Director of Planning and Development Department. A written appeal is required. The Director of the Planning and Development Department shall issue a written response within fifteen days of receiving the complaint. Any applicant who feels that they have been unjustly denied rehabilitation assistance under the City's Rental Rehabilitation Program should follow the appeals procedure outlined above. VIII. g#20GRAM GUIDELINES: 1. Property owner agrees to comply with all HUD requirements with respect to Title VI of the Civil Rights Act of 1964, to not discriminate upon the basis of race, color, creed or national origin in the sale, lease, rental, or use of occupancy of the subject property. 2. Property owner agrees to not award any contract for rehabilitation work to be paid for in whole or in part with the proceeds of the grant, to any contractor who, at the time, is ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, United States Department of Labor, or the Department of Housing and Urban Development to receive an award of such contract. 3. Property owner agrees to not pay any bonus, commission or fee for the purpose of obtaining the Community Development Coordinator's approval of the grant application or any other approval of concurrence required by the Housing Rehabilitation Program. 4. The tenant will continue to occupy the premises during the rehabilitation. Any tenant required to move temporarily or permanently as a result of the rehabilitation*, must be paid relocation/displacement costs as outlined in the Tenant Assistance Policy. *Any displacement including tenants who move out as a result of their inability to pay increased rents, are considered displaced. Displacement costs are the responsibility of the property owner; however, these costs are eligible rental rehabilitation costs. AAA0039F PAGE 7 'es 1L~ 42 _ 5. Property owner agrees that existing house illty services will be made available to the contractor without charge as follows: electricity, gas, water and telephone (local calls only). • 6. Property owner agrees that the City shall be the agent for the owner and as such agent shall hold both the owner's private funds and all grant funds in escrow for the purpose of disbursement thereof to the contractor. 7. Property owner agrees that it is his sole responsibility to see that the contractor completes the work specified in his contract to the owner's satisfaction and that the City of Denton has no responsibility for any defects, faulty work or incomplete work by the contractor. The owner further agrees that the City has no liability for warranty of any of the workmanship or materials furnished by the contractor under the contract. The owner further agrees that latent or hidden conditions in the property which were not included in the original inspection and work write-up of the City are not the responsibility of the contractor nor of the City, but remain the responsibility of the owner. 8. As part of the consideration for providing the funds to rehabilitate property as described herein, the property owner agrees to maintain and keep the property in good repair after the completion of the work to be performed by contractor, taking into consideration the ability of the owner to do so. The property owner also agrees to maintain the property up to Housing Quality Standards during the terms of the loan agreement and understands that if at anytime the property fails to meet Housing Quality standards, the loan amount will become due immediately. 9. The owner shall issue a written Notice to Proceed within thirty (30) days from the date of acceptance of the contractor's bid and proposal. If the Notice to Proceed is not received by the contractor within this thirty (30) day period, the contractor has the option of withdrawing his bid and proposal. If the contractor chooses to do this a written notice must be delivered to the owner with a copy to the City. The contractor shall not begin the work to be performed until receipt of written Notice to Proceed from the owner after which the contractor shall begin the work within ten (10) calendar days of the date of said Notice and shall complete said work within sixty (60) days or the number of days stated in the Rehabilitation contract. AAA0039F PAGE 8 paw ` 10. The contractor shall not assign the contract without written consent of the owner and the City and/or its agent. 11. It is agreed between the owner and the contractor that damages due to delay are impassible to determine and that in the event the contractor does not complete the work required under the contract within the specified time, the contractor shall be liable for and shall pay to the City as liquidated damages the sum of one percent (1%) of the total co-tract. amount or $55, whichever is greatest, for each calendar day of delay from the date stipulated for completion in the Rehabilitation Contract until such work is satisfactorily completed and accepted. 12. The contractor shall rot be charged with liquidated damages for any delays in the completion of work due to the following: A. Any acts of the government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense or any other national emergency. B. Any acts of the owner. C. Causes not reasonably foreseeable by the parties to this contract at the time of the execution of the contract which are beyond the control and without the fault or negligence of the contractor; including but not limited to acts of God or of the public enemy; acts of another contractor in the performance of some other contract with the owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and weather of unusual severity such as hurricanes, tornadoes, etc. D. Any delay of the subcontractor occasioned by any of the causes specified in Subparagraphs (A) (B) and (C) above, provided that the contractor promptly (within 10 days) notifies the Owner in writing of the cause of the delay. If the facts show the delay to be properly excusable, the owner shall extend the contract time by a period commensurate with the period of excusable delay. 13. The contractor shall not be held responsible for pre- existing violations of law including but not restricted to zoning or building code regulations at the property listed in the contract. Before beginning work, the contractor shall examine the work write-up for compliance with the applicable ordinance and codes for AM0039F PAGE 9 the new or replaced work and shall immediately report any discrepancy to the owner. Where the requirements of the work write-up fail to comply with such applicable ordinances or codes for the new or replaced work, the owner and the City will adjust the contract by change order to conform to such ordinances or code and make appropriate adjustment in the contract price unless waivers in writing covering the difference have been granted by the proper authority. 14. The contractor shall comply with all non-discrimination clauses included in the contract; non-compliance will result in termination of the contract. 15. Bids or proposals will be submitted at the bidder's risk and the City or the owner reserve the right to reject any or all bids or proposals. 16. Subcontractors shall be bound by the terms and conditions of the contract, insofar as it applies to their work. This shall not relieve the general contractor from the full responsibility to the owner for the completion of all work to be executed under this agreement and he shall not be released from this responsibility by any subcontractural agreement he may make with others. 17. When adjacent property is affected or endangered by any work done under this contract, it shall be the responsi- bility of the contractor to take whatever steps are necessary for the protection of the adjacent property and to notify the owner thereof of such hazards. 18. Repairs shall be made to all surfaces damaged by the contractor resulting from his work under this contract at no additional cost to the owner. Where "repair of existing work" is called for by the contract, the feature shall he placed in "equal to new condition" either by patching or replacement. All damaged, loose or rotted parts shall be removed and replaced and the finished work shall match adjacent work in design and dimension. 19. After the final inspection and acceptance by the owner of all work under the contract including cleanup, the contractor shall submit to the owner for approval his requisition for payment. When the required warranties and the release of liens have been executed by the contractor, the fin~Al payment will be made which will include any amounts iemaininq due under the contract as adjusted in accordance with approved change orders and subject- to withholding of any amounts due the owner for "liquidated damages" as may be necessary to protect the AAh0039F PAGE 10 owner against any claim arising from the contractors operations under the contract. Payments will be made within 15 days of formal requisition for payment. Partial payments will be made at discretion of the owner with the consent of the City. 20. A Rehabilitation Loan may be made to cover the cost necessary to bring the dwelling into conformance with Section 8, Existing Housing Quality Standards, and then City of Denton Codes (if possible). The two categories of repairs listed below are to be included as priority items: A. Required Repairs: Code violations which create hazardous conditions in regard to safety or health will generally involve the basic heating, plumbing or electrical systems. B. Recommended Repairs: Code corrections or preventive maintenance efforts which should be undertaken to avoid more costly future action. (1) Heating, plumbing and electrical improvements (2) Weatherization (3) Exterior work such as roofing, siding, painting, step and porch repair and retaining walls (9) Interior work such as renovation and repair of existing kitchen and bath facilities. 21. The property owner agrees to rent the rehabilitated rental unit at Section 8 Fair Market Rent amounts for the initial year's lease if requested to participate in the Section 8 Rental Assistance Program. 22. The Denton Central Appraisal District automatically reappraises any house where a building permit is issued. Participants in the Rehabilitation Program should be aware that the appraised value of their property may increase which consequently may cause their yearly property taxes to increase. The policy shall be thoroughly explained to any person applying for rehabilitation assistance. 23. Change orders may be made to cover an item of work which cannot be determined until sometime during the course of the rehabilitation work. The Community Development Coordinator shall not consider a change order proposed by a bidder that is not called for in the contract AM0039F PAGE 11 c 4 document prepared by the Community crJ l'opmewt`)Oftja Change orders will be considered as followst A. Change orders are used to add work necessary to correct incipient items that have been found to be defective after work is in progress but were not anticipated at the time the contract was executed. B. Change order requests will be limited to only those items that must be corrected to meet Section 8 standards and/or city code requirements. No change orders for recommended or general property improvements will be approved. C. The change order amount is limited to a maximum of 10 percent (10%) of the total contract amount. If it is necessary to request a change order to make required repairs and the contract is already at the maximum amount, a work item of less priority will be deleted from the bid proposal in order to compensate for the added amount. D. A contractor can request a maximum of 3 change orders for any one rehabilitation contract. E. Change orders will be used when it is necessary to delete work from a contract for any reason. When items are deleted from the contract, they shall be at their previously bid amount. When items are deleted, but do not have specific costs, in such cases the contract shall be reduced by negotiating the cost at prevailing rates. F. All change orders shall be executed by the property owner, contractor, and a Community Development official. G. Except for thn purpose of affording protection against any emergency endangering life or property, the Contractor shall make no change in the work or rehabilitation, provide any extra or additional work or supply additional labor, services or materials beyond that actually required for the execution of the contract. H. All change order requests must be submitted by the contractor, signed by the homeowner And approved by the Community Development Coordinator. No claim for an adjustment of the contract price by the contractor or homeowner will be valid unless this is done. AAA0039F PAGE 12 LM a I. The approval of a change order s~ali-Const tut authorization by the property owner and community Development Coordinator to changa the grant amount equal to the cost of the work added or deleted, unless all available funds have been utilized. If thin is the case, the owner must absorb the total cost or delete non-code items in order to pay for the work described in the change order. 3. It may be necessary to change the time of completion due to the addition of certain work items or delays that are beyond the contractor*s control, K. If the contractor feels that any of the limitations listed above will result in the incomplete rehabilitation of the structure as specified in the contract, he may appeal the limitation to the Housing Rehabilitzeion Advisory Committee. 24. If the work completed is not in accordance with the construction contract, the Community Development coor- dinator shall advise the property owner of the non- compliance who then shall obtain appropriate action from the contractor. No payment shall be processed on a construction contract until a contractor has satisfac- torily completed all necessary corrective action. 25. The owner shall be able to select the color and style of certain materials (i.e. carpet, floor covering, paneling, paint, etc,). 26. The contractor warrants that all materials, fixtures, and equipment furnished by the contractor and its subcontractors shall be now, of good title and that the work will be done in a neat and workmanlike runner. Neither the final payment nor any provision in the contract nor partial or entire use or occupancy of the premises by the owner shall constitute an acceptance of work not done in accordance with the Contract or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship, The contractor shall promptly remedy any defect in the work and pay for any damage to other work resulting therefrom which may appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The owner will give notice of observed defects with reasonable promptness. 27. Mobile homes are not eligible for rehabilitation. 28, Interest of certain federal and other officials: AAA0039F PAGE 13 i F i A. No member or Delegate to the C:ongruss of the United States and no Resident Commissioner and no federal employee shall be admitted tei any share or part of this contract or to any benrefit to arise from same. B. No member of the governing body of the City and no other public official of or tiithin the City or County who exercises any functions or responsibilities in connection with the administration of the Community Development Block Grant Program and no other employee of the Department of Planning and Community Development who exercises any such functions or responsibili- ties shall have any interest, direct or indirect, in rehabilitation proceeds which is incompatible or in conflict with the discharge or fulfillment of his functions and responsibilities in connection with the carrying out of the Housing Rehabilitation Program. The length of time this exclusion shall be in effect is one (1) year following the ending of term of office and shall be binding upon, but not limited to, all of the individuals and agencies herein described. 29. The property owner agrees that for a period of ten years after the project is completed Dqt to convert the rehabilitated units to condominium ownership. If the owner does convert rehabilitated units to condominium ownership, the entire loan amount shall be due immediately. 30. The property owner agrees not to discriminate againat prospective tenants on the basis of their receipt of or eligibility for, housing assistance under any Federal, State or local housing assistance program; on the basis that the tenants have a minor child who will be residing with them) or on the basic that they are a handicapped individual. 31. The property owner agrees to maintain the rehabilitated properti• up to Section 8 Housing Quality Standards for Existing Housing for a period of at least ton years after the project is completed and allow the Denton Housing Authority to make annual inspections for compliance (Appendix 2). 32. The property owner agrees to comply with applicable lead-based paint regulations. (Appendix 3) 33. The property owner agrees to comply with the City of Denton's Tenant Assistance Policy, including execution of all tenant notifications outlined in the policy. AAA0039F PAGE 14 j s is 4A-k9 Copies of all tenant correspondence must b.9-submitted to the Community Development office. IX. MINIMUM REHABILITATION STANDARDSt Roofs Roofs should not leak and have no evidence of rotted decking, fascia or soffit. Any roof with two or more layers of roofing must be stripped to the decking. If it is determined a new roof is necessary the decking must be checked for broken or rotted decking and shall be repaired or replaced as needed. Where new decking is required the material shall bon one-half inch plywood or one-half inch waferboard to be used with H clips between sheets. All roofs that all stripped shall be replaced with new felt paper, the proper flashing and metal drip edge with 240 pound shingles. Any roof with less than a 4/12 pitch shall be covered with rolled roofing, with at least 12 inches of lap, if installation of rolled roofing is not sufficient to promote proper run off roof will be rebuilt. Siding and Trim All exterior siding and trim shall be free of holes, cracks or rotted material which might admit moisture into walls. New siding may be applied only if the cost of new siding and installation is compa:•able to the repair and painting costs of the existing siding. windows All windows and hardware shall operate satisfactorily. Cracked or broken windows shall be replaced. Window glazing shall be weather tight and windows shall be weather stripped so as not to allow entry of air and water around the glass, sashes or window casings. All windows shall have screens and working lochs. Drainage The grade of concrete or dirt shoul6 drrin at least five (5) feet away from foundation walls. Site Improvements All replaced concrete surfaces are to be level with the widths to match the existing surfaces. All steps both concrete or wood that pose a threat to the occupants shall be repaired or, if necessary, replaced with treated material or concrete. AAA0039F PAGE. 15 I t Foundations and Piers Skirting shall ba six (6) inches underground level. If it is necessary to install skirting, new 22 or 24 gauge skirting shall be used. xitahens Kitchens shall have a specific area which contains a sink with not and cold running water, counter work apace, and space for storage of cooking utensils. Stairs All stairs shall provide for the safety of ascent and descent. All treads and risers should show no evidence of breakage or have evidence of excessive wear. All stairs shall be equipped with handrails. Utility Areas Gas or oil fired water heaters or furnaces shall not be located in the bathrooms or bedrooms. In addition to all plumbing and electrical codes, water heaters and furnaces shall be enclosed with a sealed door and adequate upper and lower combustion air. All washer and dryer hookups must meet City Code. structural system The wood, masonry or steel components shall be in serviceable condition for the expected useful life of the rehatilitated building. Structural members which are in seriously deteriorated condition shall be replaced. Sagging and unleval floors shall be raised and stabilized as level as possible without causing interior damage. Termite inspection and treatment shall be done if evidence of active infestations exist. A certified pest control company will carry out the treatment and present documents of proof. Electrical system All replacement of existing wiring and equipment shall be done in conformance with the National Electric Code and the City of Denton Code. Any potential source of electrical hazard or ignition of combustible material shall be corrected. CFI outlets shall be used in bathrooms, kitchen, garage, and exterior receptacles. Additional outlets shall be added to AM0039F PAGE 16 ~I eliminate extension cords and, at thelthquest o t e city Inspector, to meet City Codes. Plumbing The plumbing system shall operate free of fouling and clogging, and not have cross-connections which permit contamination of the water supply or back siphnnage between fixtures. All sinks, lavaturies, water closets, water heater, and other plumbing fixtures shall have accessible cutoff valves. All fixtures shall have P-traps, neces9ary vents and be properly connected to a dublic or private sewage disposal system. 111 sewer lines shall have accessible cleanouts. All water heaters shall be installed with double wall vent stack, a pop-off valve, and overflow to the exterior of the structure. Mechanical Equipment All gas fired heating units must be vented with double wall pipe and proper upper and lower combustion air. The unit shall not be installed in a living area such as bedrooms or under stairways. Rigid gas ripe must be used to supply heating units with a maximum of three (3) feet of flexible pipe from the stop to the appliance. All duct work shall be properly sealed from the heat source to the register vent and from the return air supply to the heat source. insulation and weatherixation A R-15 insulation value in the attic shall be required. , Exterior Doors All exterior doors shall be solid core. All locks shall be capable of tightly securing the door and shall be readily openable from the inside without the use of keys. All exterior doors shall be weather stripped so that there is no significant entry of air or water into the structure. Porohes and Decks All porches and decks shall be safe and capable of supporting anticipated loads. All porches and decks in deteriorated condition and which serve no useful purpose or which are not economically repairable shall be removed. AAA0039F PAGE. 17 Porches and decks thirty (30) inches above grade shall have guardrails and flights of stairs with four {4) or more risers. They shall have a handrail on at least one side. Gutters and Downspouts Gutters and downspouts should exist where they are deemed necessary to promote proper drainage. Gutters will n" normally be installed if they do not already exist. Downspouts that cannot be connect:,d to drain tiles shall have splash backs with proper site grading. Chimneys and Vents Furnace and water heater vents shall be double wall vent pipe. Existing unlined masonry chimneys having open mortar joints or cracks shall be removed or made safe by installation of a UL approved flue liner. Vent-a-hood stacks shall be vented through the roof. interiors All floors, walls, and ceilings shall be maintained in good, clean, and sanitary condition. All peeling paint, cracked or loose plaster, and other defective surface conditions shall be eliminated. All doors shall be operational. Carpet and vinyl that is badly worn, torn or too dirty to be cleaned shall be replaced. This shall be determined by the C.D. Inspector. Existing carpet shall be cleaned by a commercial steam cleaner, if necessary. Bathrooms An operational water closet, tub or shower, and lavatory should be in the bathroom. Not water should flow to the lavatory and tub or shower. cold water should be supplied to all fixtures. Either a window or an exhaust fan must be present to properly vent the bathroom. Cabinets Built-in kitchen cabinets shall be repaired up to 50 percent of the cost of new cabinets. Bathroom cabinets are not required. AAA0039F PAGE 18 YK'T~ i APPENDICES I Appendices n 11) - p ~jrf,tl~.~Jo SETION 8 PXISTING HOUSING/PROGRAM td 5-882.109 Housing quality standards - Housing used in this program shall meet the Performance Requirements set forth in this section. In addition, the housing shall meet the Acceptability Criteria set forth in this section except for such variations as are proposed by the PHA and approved by HUD. Local climatic or geological conditions or local codes are examples which may justify such variations. (A) Sanitary Facilities (1) Performance Requirement, The dwelling unit shall include its own sanitary facilities which are in proper operating condition, can be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. (2) Acceptability Criteria. A flush toilet in a separate, private room, a fixed basin with hot and cold running water, and a shower or tub with hot and cold running water shall be present in the dwelling unit, all in proper operating condition. These facilities shall utilize an approved public or private disposal system. (B) Food Preparation and Refuse Disposal (1) Performance Requirement. The dwelling unit shall contain suitable space and equipment to store, prepare, and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary. (2) Acceptability Criteria, The unit shall contain the following equipment in proper operating conditions cooking stove or range and a refrigerator of appropriate size for the unit, supplied by either the owner or the Family, and. a kitchen sink with hot and cold running water. The sink shall drain into an approved public or private system. Adequate space for the storage, preparation and serving of food shall be provided. There shall be adequate MA0039F - 1 - Append ices~s~y//C facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary (e.g. garbage cans), (C) Space and Security (1) Performance Requirement. The dwelling unit shall afford the family adequate space and security. (2) Acceptability Criteria, A living room, kitchen area, and bathroom shall be present; and the dwelling unit shall contain at least one sleeping or living/sleeping room of appropriate size for each two persons. Exterior doors and windows accessible from outside the unit shall be lockable. (D) Thermal Environment (1) Performance Requirement. The dwelling unit shall have and be capable of maintaining a thermal environment healthy for the human body. (2) Acceptability Criteria. Thn dwelling unit shall contain safe heating and/or cooling facilities which are in proper operating condition and :an provide adequate heat and/or cooling to each room in the dwelling unit appropriate for the climate to assure a healt' living environment. Unvented room heaters which burn gas, oil or kerosene are unacceptable. (E) Illumination and Electricity (1) Performance Requirement. Each room shall have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of occupants, Sufficient electrical sources shall be provided to permit use of essential electrical appliances while assuring safety from fire. (2) Acceptability Criteria. Living and sleeping rooms shall include at least one window. A ceiling or wall type light fixture shall be present and working in the bathroom and kitchen area. At least two electric outlets one of which may be present and operable in the living area, kitchen area, and each bedroom area. AAA0039F 2 - i. ~/5 0 ~ 7 Ap end ces (F) structure and Materials c.2 (1) Performance Requirement. The dwelling unit • shall be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the occupants from the environment. (2) Acceptability Criteria. Ceilings, walls and floors shall not have any serious defects such as severe bulging or leaning, large holes, loose surface materials, severe buckling or noticeable movement under walking stress, missing parts or other serious damage. The roof structure shall be firm and the roof shall be weathertight. The exterior wall structure and exterior wall surface shall not have any serious defects such as serious leaning, buckling, sagging, cracks or holes, loose siding, or other serious damage. The condition and equipment of interior and exterior stairways, halls, porches, walkways, etc., shall be such as not to present a danger of tripping or falling. elevators shall be maintained in safe and operating condition. In the case of a mobile home, the home shall be securely anchored by a tiedown device which distributes and transfers the loads imposed by the unit to appropriate ground anchors so as to resist wind overturning and sliding. (G) Interior Air Quality (1) Performance Requirement. The dwelling unit shall be free of pollutants in the air at levels which threaten the health of the occupants. (2) Acceptability Criteria. The dwelling unit shall be free from dangerous levels of air pollution from carbon monoxide, sewer gas, fuel gas, dust, and other harmful air pollutants. Air circulation shall be adequate throughout the unit. Bathroom areas shall have at least one openable window or other adequate exhaust ventilation. (H) Water Supply (1) Performance Requirement. The water supply shall be free from contamination. JU1A00 3 9 F 3 i S Appendices (2) Acceptability Criteria, rTh; unit shall be served by an approved public or private sanitary water supply. (I) Lead Based Paint (1) Performance Requirement. (a) The dwelling unit shall be in compliance with HUD Lead Based Paint regulations, 24 CFR, Part 35, issued pursuant to the Lead Based Paint Poisoning Prevention Act, 42 U.S.C. 48010 and the owner shall provide a certification that tl.e dwelling is in accordance with such HUD Regulations. (b) If the property was constructed prior to 19500 the Family upon occupancy shall have been furnished the notice required by HUD Lead Based Paint regulations and procedures regarding the hazards of lead based paint poisoning the symptoms and treatment of lead poisoning and the precautions to be taken against lead poisoning, (2) Acceptability Criteria. Same as Performance Requirements. (J) Access (1) Performance Requirement. The dwelling unit shall be useable and capable of being maintained without unauthorized use of other private properties, and the building shall provide an alternate means of egress in case of fire. (2) Acceptability Criteria. The dwelling unit shall be useable and capabla of being maintained without unauthorized use of other private properties, and t1te building shall provide An alternate means of egress in rase of fire. (K) Site and Neighborhood (1) Performance Requirement. The site and neighborhood shall be reLsonably free fron disturbing noisos and reverberations and other hazards to the health, safety, and general welfare of the occupants. AAA0039F 4 - F Appendicgs (2) Acceptability Criteria. Th~ site and neighborhood shall not be subject to serious adverse environmental conditions$ natural or manmade, such as dangerous walks, steps, instability, flooding, poor drainage, septic tank backups, sewage hazards or mudslidea; abnormal air pollution, smoke or dust; excessive noise, vibration or vehicular traffic; excessive accumulations of trash; vermin or rodent infestation; or fire hazards. (L) Sanitary Condition (1) Performance Requirement. The unit and its equipment shall be in sanitary condition. (2) Acceptability Criteria. The units and its equipment shall be free of vermin and rodent infestation. (M) Congregate Housing. The foregoing standards shall apply except for paragraph (b) of this section, Food Preparation and Refuse Disposal. In addition the following standards shall apply: (1) The unit shall contain a refrigerator of appropriate size. (2) The central dining facility (and kitchen facility, if any) shall contain suitable space and equipment to store, prepare and serve food in a sanitary manner, and there shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary (e.g., garbage cans). W0039? - 5 - CITY --COUN I •^1 I r K ~ bwrrYF_ _ _ _ ~r ~ccCCCC „a0 o r a 14 to 16 e ~ ,..rte-•+.,..~. a •1 ~bendaN0. -O AQend3lte [ate - - fi ~d &)TY Q NM BERQK FORMAT Pff ✓~O REGULAR SESSION TO: Mayor and Members of the City Cc~ncil FROM: Lloyd Y. Harrell, City Manager SUBJECT: Texas Municipal Retirement System (TMRS) - Prior Service Buy Back @~COIMENDATION~ It is the staff's recommendation that the City Council adopt an ordinance approving the provisions of TMRS related to Prior Service Buy Back for eligible employees effective December 21, 1993. SQHWY: The Texas Municipal Retirement System Act allows member cities to adopt, by ordinance, a Prior Service Buy Back provision. This provision allows certain employees to buy back previously forfeited service under specific conditions. The service credits are both time and monetary credits that count toward eligibility for vesting (10 years) and eligibility for retirement. This benefit item was proposed to City Council and approved as a part of the TMRS enhancements in the 1993/94 Budget. BACKO The Texas Municipal Retirement System Act allows member cities to adopt an ordinance allowing certain eligible employees the opportunity to regain service credit that has been previously "cashed in" and forfeited. This provision allows purchase of the service under the following conditions: 1. The City most adopt an ordinance under the provlslorrs of the state l W. 2. The employee must be employed by tke City and a member of TMRS on the day the ordinance is adopted. 3. The employee buying back forfeited service must be a member of TMRS and h.•,ie at least 24 months of service with the City since his or her hire date. 4. The employee must pay back the amount of money he or she withdrew from TMRS plus a 5% per year interest penalty. The deposits are credited to the employee's Individual account and service is re- established. The 5% per year interest Pena'•y is forfeited by the employee and is credited to the City's accou..t in order to offset a portion of the City's future liability. r nn i AC;+ ^ailcri yy~,( 13 December 21, 1993 City Council Report - TMRS - Prior Service Buy Back 6 Page 2 An actuarial study has been completed which indicates there are 31 employees eligible to purchase previously forfeited service. The study has also determined that the City's contribution rate to TMRS will need to be adjusted to add .14% in order to ensure there are sufficient funds in our account to cover any eligible employees who exercise their Prior Service Buy Back option. The City budgeted an additional .26% in the 1993/94 Budget to cover the cost of adopting this TMRS provision. . OEPARTHENTS OR GROUPS AFFECTED The Prior Service Buy Back provision will be available to 31 employees eligible for the provision and who are participating in the Texas Municipal Retirement System. FISCAL. IMPACT: The City is required to Increase the TMRS contribution rate by .14% in order to cover the future liability of employees who exercise their option with this provision and retire under TMRS. This will cost an estimated $31,267 ($17,678 General Fund) for the remaining months in the budget. The City Council's adopted 1993/94 Budget includes an additional .25% increase in the TMRS contribution rate or approximately $380337 (=20,125 General Fund) to cover the cost of adopting this provision. Thus, there will be a lower expenditure than budget of approximately $13,763 ($6,235 General Fund). Respect y submitted: Lloyd V. Harrell City Manager Prepared by: J Thomas W. Klinck, Director of Human Resources Approv Y Betty McKean, xecutive Director Municipal Ser ices and Economic Development adrpliM tk Preparada ff/1/13 j,\wpdoCs\ord\tmrs.o ORDINANCE NO. AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO HAVE TERMINATED PREVIOUS MEMBERSHIPS IN TEXAS MUNICIPAL RETIREMENT SYSTEM, TO DEPOSIT THE SUMS SO WITHDRAWN, PLUS ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HAD BEEN ENTITLED AT DATE OF SUCH WITHDRAWAL, WITH LIKE CITY; IF ALL SUCH SERVICE HAD BEEN AND PROVIDING FOR AN EFFECTIVE DATED AS AN EMPLOYEE OF EFFECT THIS ncil has de ordinanceEis,in the Cit be tuinterest ofttheiCity h and adoption of this WHEREAS, the actuary of the Texas Municipal Retirement System has determined that all obligations charged against the City's the account in the municipality accumulation fund, including obligations City within nitss maximum; coof this ntributions rate acan nd bwithinedits the amortization period; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAIN01 §Z01 2U. Pursuant to Section 63.003 of Subtitle G of Title 1108, Revised Civil Statutes of Texas, 1925, as amended, the City of Denton hereby elects to allow any member of Texas Municipal Retirement System who is an employee of this City on the 21st day of December, 1993, who has terminated a previous membership in said System by withdrawal of deposits while absent from service, but who has at least 24 months of credited service as in employee of this city since resuming membership to deposit with the system in a lump sum the amount withdrawn, plus a withdrawal charge of five per cent (5%) of such amount for each year from date of such withdrawal to date of redeposit, and thereupon such member shall be allowed credit for all service to which the member had been entitled at date of termination of the earlier membership, with like effect as if all such service had been rendered as a employee of this City, whether so rendered or not. The City of agrees to underwrite and hereby assumes the obligations arising out of the granting of all such credits, and agrees that all such obligations and reserves required to provide such credits shall be charged to this City's account in the municipality accumulation fund. The five per cent (5%) per annum withdrawal charge paid by the member shall be deposited to the credit of the City's account in said municipality accumulation fund; and the deposits of the amount previously of the System her individual withdrawi employees saving fundcredited account H+F W .a~ .h.a.,a CF.C_TiON II. This ordinance shall become effective on the 21st day of December, 1997r which is a date on or after the date set forth in section 1, above. PASSED AND APPROVED this the day of 19 BOB CASTLEBERRY, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: PAGE 2 =COUNC? 1 a~e+IQeNo.~'U 3 nge9datie Dahl DATE: 12/07/93 CITY COUNCIL REPORT M00 REGULAR SESSION TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: RE-AUTHORIZATION OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM MRS) UPDATED SERVICE CREDIT AND ANNUITY INCREASES RROONKENDATION: It is staff's recommendRtion that the City Council adopt an ordinance re- authorizing TMRS Updated Service Credits and Annuity Increases on an annually reueatina basis. Updated Service Credit on an annually repeating basis was initially authorized by the City Council in 1991. The adoption of 6 percent employee contribution rate requires that the Council re-authorize the program on an annually repeating calculation bauis. SUMMARY: The re-authorization of Updated Service Credit and Annuity Increases (Updated Service Credit) on an annually repeating basis will allow the City to continue to protect employees' and retirees' retirement benefits against inflation. Re-authorization of Updated Service Credit will not have any additional costs to the City as the coat is included in the TMRS annual budget recommendations. BMGROUND2 Prior to 1991, the City Council approved Updated Service Credit each year prior to January 1. This meant that each year, the City Council had to adopt an ordinance authorizing Updated Service Credit. In 1991, the Tt:RS Act was amended to allow titles to adopt Updated Service Credit on an annually repeating calculation basis. Following staff's recommendation, the City Council took advantage of the new provision to adopt the annually repeating calculation provision, eliminating the need to adopt an ordinance for Updated Service Credit each year. The City initially updated its TMRS service credit and retiree benefits in 19820 1984, 1988, 1989 and 1990. In 1991 the annually repeating calculation wag adopted, and it has continuously remained in effect through the year (1993). But due to the recent adoption of a new employee contribution rate, the City is required to renew the ordinance in order to keep it on repeating calculation basis. Funding for Updated Service Credit Is approved annually during the budget process. Therefore, the re- authorization of the ordinance would not result in the appropriation beyond what has alread) been approved by the City Council. Agv 3tio ,3- vef-s" December 7, 1993 / y „2 6~ S" 1~lei~ City Council Report on TMRS Update Service Credit a G Page 2 PSi4GRAM5. DEPARTMENTS OR GROUPS AFFECTED: The re-authorization of Updated Service Credits and Annuity increases will affect all 'rMRS participating employees and retirees currently receiving benefits. FISC L IMPACT, The funding for this program is included annually in the City's approved budget. The estimated cost of Updated Service Credit is about $539000, and it was approved in the 1993/94 budget. 4Respectf lly Submitted: Harrell ger Prepared by: Tbosse M. inc , rector of man Resources Appro ed: L~ & t y McKean Executive Director Milnicipal S vices and Economic Development C01Nrlaa. is. t~~la~l1 l i kMOMORD W PDA TED AVC AGIMANe 93-45~~.. Agendalteni. Date ~AA _ 713 12g 3 ORDINANCE NO. AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYT.NG MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF DENTON; PROVIDING FOR IN- CREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY1 AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council authorizes updated service credits pursuant to the following terms; (a) on the terms and conditions set out in Sections 853.401 through 853.404 of Subtitle G of Title 81 V.T.C.A., Government code, as amended (hereinafter referred to as the "TMRS ACT"), each member of the Texas Municipal Retirement System (hereinafter refer- red to as the "System") who has current service credit or prior service credit in the System in force and effect on the let day of January of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date had at least 36 rtonths of credited service with the System, shall be and is hereby allowed "Updated Service credit" (as that term is defined in subsection (d) of Section 853.402 of the TMRS Act). (b) On the terms and conditions set out in Section 853.601 of the TMRS Act, any member of the System who is eligible for Updated Service Credits on the basis of service with this City, who has unforfeited credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contributing member on the let day of January of the calendar year preceding such allowance, shall be credited with Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said Section 853.601, both as to the initial grant hereunder and all future grants under this ordinance. (c) The Updated Service Credit hereby allowed and provided for shall be 100 of the "base Update_4 Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of the TMRS Act). (d) Each Updated Service credit allowed hereunder shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (e) In accordance with the provisions of subsection (d) of Section 853.401 of the TMRS Act, the deposits required to be made i to the System by employees of the several participating departments on account of current service shall be calculated from and after the effective date of this ordinance on the full amount of such person's compensation as an employee of the City. SECTION II That the Cay Council authorizes the increase in retirement annuities pursuant to the following terra: (a) On terms and conditions set out in Section 854.203 of the TMRS Act, the City hereby elects to allow and to provide for pay- ment of the increases below sated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities end prior service annuities arising from service by such employees to the City. An annuity increased under this section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by M of the percentage change in consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this Section. (o) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereunder. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of the City and of its account in the municipality accumulation fund of the System. SECTION III. That the City Council sets the effective date for the initial allowance of updated service credit and the increase in retirement annuities pursuant to the following termsi That the initial allowance of Updated Service Credit and increase in retirement annuities hereunder shall be effective on January 11 1994, subject to approval by the Board of Trustees of the System. An allowance of Updated Service Credits and an increase in retirement annuities shall be made hereunder on January 1 of each subsequent year until this ordinance ceases to be in effect under subsection (e) of Section 853.404 of the TMRS Act, provided that, as to such subsequent year, the actuary for the System has made the determination set forth in subsection (d) of PAGE 2 i 3 rarer we v Section 853.404 of the TMRS Act, - - ~ r S 7 5 ell- SECTION IV. That Subject to approval by the Board of Trustees of the system, this ordinance shall be and become effective on the 1st day of January, 1994. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I BY: APPROVED AS TO LEGAL FORMt { DEBRA A. DRAYOVITCH, CITY ATTORNEY i BY: PAGE 3 • r ITY :C - - I: ACOUNCrr_- fYM~-I A 4 0 s~ 40 0 ra• 1• O bAsett le.ord ApWaNo 3 -UPS Agen~alte~~~~-- Date ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTHORI- ZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT IN THE MATTER OF ROEBUCK. ET AL•. V. CITY OF I?F~NTON TEXAB~ AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HERE'dY ORDAINS! ft.cTiON I. That the City Manager is hereby authorized to exe- cute a Compromise Settlement for thesettlement an( compromise p al~~v of Denton, of the litigation now pending , TexasWeCauseeNopartis in he . 92-10504-16 intaccor- dact Court, Denton County, dance with the terms of the Compromise Settlement Agreement and Agreed Judgment, copies of which are attached hereto as Exhibit A. USTION II. That this ordinance shall become effective Immedi- ately upon its passage and approval. 1993. PASSED AND APPROVED this the day of BOB CASTLEBERRY, MAYOR ATTEST! JENNIFER W sTERS, CITY SECRETARY BY! APPROVED AS TO LEGAL FORMI DEBRA A. DRAYOVITCH, CITY ATTORNEY 8Y-1 04 =CITY -ICOUNC. i ~ 0 h 1 t + ~v'..: y~w~ w,~Reutw.o tr Agenda No. _ 1 -4 Agendall G Date ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAWFIRM OF WOLFE, CLARK 6 HENDERSON TO REPRESENT THE CITY OF DENTON IN LITIGATION PENDING AGAINST THE CITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORI AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Council of the City of Denton approves the retaining of the lawfirm of Wolfe, Clark i Henderson to represent the City, at normal City billing rates, in pending litigation styled Scott v. City and authorizes the expenditure of funds therefor. SECTION IIy That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER HALTERS, CITY SECRETARY BYI APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY . BYI CITY COUNC: M ~w ~~cccccc 7 1 t . 2 . A n r i I M E M O R A N D U M o a= e n= a a a DATE: DECEMBER 2, 1993 T0: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROMI EVA POOLE, LIBRARY DIRECTOR SUBJECT: NAMING OF THE BRANCH LIBRARY BUILDING On November 11, 1993 the Denton Library Board, by unanimous vote, decided to name the new branch library, DENTON PUBLIC LIBRARY - SOUTH. At the previous Denton Library Board meeting in October 1993, I had shared with the Board members the historical problems back in the early 198009 that the name "Emily Fowler Publio Library" had subwith vendors created for our faa oders ndasd business scriptions, regarding invoices, purchase all library transactions had become difficult for identification. Facilitating the return of materials from other cities and libraries had become confusing as well. In an effort to clarify billing procedures, tax status, etc., the actioni Denton City Council on Denton Public Library" would ybe5used8fo c business lcorrespondence and other administrative procedures, and "Emily Fowler Public Library" would be used for all other correspondence, especially to acknowledge gifts, donations, and memorials. To alleviate the problems stated above, the Hoard agreed upon DENTON PUBLIC LIBRARY - SO11TH as a way to carry out our administrative procedures in a business-like and efficient manner for both library facilities. EVA POOLE LLOYD ARRELL EPejs AHHOO48C i MEMORANDUM i November 15, 1993 Na -~j T0: r The Honorable Mayor of Denton, Members of the City Council FROMi Kjell M. Johansen; Chair, Denton Library Board SUBJECT: Name for the New Branch Library on Teasley Lane Naming of the new branch library on Teasley Lane was discussed at a meeting of the Library Board on November 11, 1993. By unanimous vote, the Board respectfully proposes to the City council that the new branch library be named: DENTON PUBLIC LIBRARY - SOUTH CC: Betty McKean, Executive Director Municipal Services/Economic Development Eva Poole, Library Director k yy` 1 .asu[suia~ur.wev AorCAN''o. _l 3 o ~f s NO RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, FORMALLY NAMING THE BRANCH LIBPARY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton will soon be building a branch library at 3228 Teasley Lane; and WHEREAS, the Library Board met, on November 11, 1993, and recommended that the City Council name the new branch library "Denton Public Library - South"; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the new branch library located at 3228 Teasley Lane shall be known as the "Denton Public Library - South." SECTION 11, That this resolution shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: Y -CITY COUNC' ~'1 W np`LTM ' o' D I v`C~ 6 i 1 r AQW& No OITY COUNCIL -RUM AptndaItork A- ir!M Oats yr ZL TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Interlocal Cooperation Agreement for Library Services DATE; November 10, 1993 RECOMMENDATION: A resolution authorizing the Mayor to execute an agreement between the City of Denton and County of Denton for the provision of library services; and providing an effective date. 1021A$S(: This interlocal agreement between the City of Denton and the County of Denton will provide a full array of library services to all residents of Denton County, free of charge. Our library has, as of 10/271''13, approximately 13,831 card holders who live outside of Denton city limits who will directly benefit from this agreement. BACKGROUNpr The Emily Fowler Public Library has now served the County on a contrr.c;tual basis for a total of 24 of the last 25 years, While th.a level of county funding has never allowed the City to recoveL the cost of providing library services to out-of- City library users, the City has continued to provide services to the County within those limited resources. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: FISCAL IMPAC : For FY93/94, the County commissioners choue to allocate a reduced amount from the $108,126 contracted in FY92/93. While the $105,665 allocated for FY93/94 will not cover the cost of services, it will defray some of the expense of serving county residents. Respect lly subm ted: .lo Harrell City Manager PrX y: Eva D. Po Library Dir ctor Approve Betty McKean Executive Dir otor Municipal Services 6 Economic Development MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: EVA POOLE, LIBRARY DIRECTOR SUBJECT: INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES DATEI DECEMBER 2, 1993 The Interlocal Cooperation Agreement for Library Services for fiscal year 1993-94 with Denton County has been submitted to the City of Denton for review and approval, The only notable change is the addition of Artiole VI which requires the City of Denton to: • assume the functions of a county library, and • provide a librarian who holds or secures a county librarian's certificate from the Texas State Library and Archives Commission. Since tho Emily Fowler rablio Library has now served as the de facto County library for a Lotal of 24 of the last 25 years, and has approximately five profession:.) librarians who hold a county librarian's certificate from the Texas State Library and Archives Commission, I am satisfied with the provisions of the new contract. The only other major difference between this year's contract is in the amount of county funds allocated for library services. This year's total amount of $105,665 allocated to the Emily Fowler Public Library is 2.31 lower than the county allocation of $1060126 received in FY92-93. As you know, this def1cit of $20461 from the County was recovereel by the City of Denton during itu PY93-94 budgetary process and added back into the library's total organizational budget. S 2 I respectfully roquest that the city council sign the Interlocal Agreement between our two entities in order that we can continue to provide quality library service to city and county residents. Eva Poole Library Director EPjdgl AHH004bZ 1 E7\NPD%WEf\L I EA AN V. CON RESOLUTION NO, 6/ A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON FOR THE PROVISION OF LI- BRARY SFRVICESJ AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the Mayor is authorized to execute an agree- ment between the City of Denton and the County of Denton for the provie;on of library services under the terms and conditions con- tained In the agreement attached hereto. SECTION II. That this resolution shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I BY., I APPROVED AS TO LEGAL FORK: DEBRA A. DRAYOVITCHO CITY ATTORNEY BY. STATE OF TEXAS, ) ) ss . Ajjv`IcZi(.A1 COUNTY OF DENTON. ) C~!~ INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES THIS AGREEMENT is made and entered into by and between DENTON COUNTY, a political subdivision of Texas, hereinafter referred to as "County," and the CITY OF DENTON, a municipality of Denton County, Texas, hereinafter referred to as "Municipality., WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county gov- ernment and related services for the benefit of the citizens of Denton County; and WHEREAS, Municipality is a duly organized municipality of Denton County, Texas engaged in the provision of library service and related services for the benefit of the citizens of Municipality; and WHEREAS, County has requested and Municipality has agreed to provide library services for all residents of Denton County; and WHEREAS, County and Municipality mutually desire to be subject to the provisions of V.T.C.A., Government Code Chapter 791, the Interlocal Cooperation Act; and V.T.C.A., Local Government Code Chapter 323, County Libraries. NOW, THEREFORE, County and Municipality, for the mutual consideration hereinafter stated, agree and understand as follows. 1 i ~gsr~~aNo._~ d The term of this agreement shall be for th~tis'pz~k~~ q October 1, 1993 through September 300 1994. 140P G r1 II. G For the purposes and consideration herein stated and contem- plated, Municipality shall provide library services for the residents of County without regard to race, religion, color, age, disability and/or national origin. Upon proper proof by individual(s) of residence in Denton County, Texas, such individual(s) shall be entitled to be issued, at no cost, a library card to be used in connection with said library services. III. County designates the County Judge to act on behalf of County and serve as liaison officer for County with and between County and Municipality. The County Judge or his designated substitutc. shall insure the performance of all duties and obligations of County herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of County in full complipnce with the terms and conditions of this agreement, and shall provide immediate and direct supervision of County's employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of county and Municipality. IV. Municipality shall designate Director of Libra" services to act on behalf of Municipality and to serve as liaison officer of Municipality with and between Municipality and county to insure the 2 performance of all duties and obligations of Muni F" ~z Qali s_ erein stated and shall devote sufficient time and attentidfi tt5 t~he~ execution of said duties on behalf of Municipality in full coxpliance with the terms and conditions of this agreement, and, shall provide management of Municipality's employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of Municipality and County. V. The Municipality shall be solely responsible for all tech- niques, sequences, procedures, and means and for the coordination of all work performed under the terms and conditions of this agreement, shall insure, dedicate and devote the full time and attention of those employees necessary for the proper execution and completion of the duties and obligations of the Municipality stated in this agreement and give all attention necessary for such proper supervision and direction. VI. The Municipality agrees that its library department shall assume the functions of a county library and agrees to provide a librarian who holds or secures a county librarian's certificate from the Texas State Library and Archives Commission. Local Government Code, section 323.011(b). VII. County agrees to and accepts full responsibility for the acts, negligence and/or omissions of all county's employees, agents, sub- 3 i P~ P contractors, and/or contract laborers and for thosea`ot ^arl oth r persons doing work under a contract or agreement with the County. VIII. The Municipality agrees and accepts full responsibility for I the acts, negligence, and/or omissions of all the Municipality's employees, agents, sub-contracts, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with said Municipality. IX. This agreement is not intended to extend the liability of the parties beyond that provided by law. Neither Municipality nor County waives any immunity or defense that would otherwise be available to it against claims by third parties. X. Municipality understands and agrees that the Municipality, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of County. XI. County understands and agrees that County, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents, and/or representa- tives of Municipality. XII. The address of County is: County Judge, Denton County 110 west Hickory Denton, Texas 76201 4 t Telephone: 817-565-8687 The address of Municipality is:~~ I ~2 City of Denton 215 East McKinney Denton, Tx 76201 Attention: LLOyd V. Harrell Telephone: 817-566-8200 XIII. For the services hereinabove stated, County agrees to pay Municipality for the full performance of this agreement, NINETY- EIGHT THOUSAND ONE HUNDRED SIXTY-FIVE DOLLARS ($980165.00) to be payable in equal quarterly installments to the City of Denton commencing October 1, 1993. In addition, the County agrees to pay Municipality an amount not to exceed SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500) in i,atching funds upon the following conditions. Municipality shall attempt to secure funding from sources other than Denton County. Upon receipt of additional funding, Municipality shall provide proof of the receipt of such funds to the Denton County Auditor on a quarterly basis. Denton County shall match Municipality's additional funding in an amount not to exceed $7500.00. Payment by County to Municipality shall be made in accordance with the normal acid customary processes and business procedures of County, and payment shall be satisfied from current revenues of the County. XIV. This agreement may be terminated at any time, by either party giving sixty (60) days' advance written notice to the other party. In the event of such termination by either party, Municipality i 5 93 -01/5 7- f3 shall be compensated pro rata for all services pert a/0 to rmed termination date, together with reimbursable expenses then due and as authorized by this agreement. In the event of such terir.natio- should Municipality be overcompensated on a pro rata basis for all services performed to termination date or be overcompensated for reimbursable expenses as authorized by this agreement, then Ccunty shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement. XV. This agreement represents the entire and integrated agreement between Municipality and County and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both Municipality and County. XVI. The validity of this agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this agreement shall be performable and all compensation payable in Denton County, Texas. XVII. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. 6 XVIII. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary orders or resolutions extending said authority have been duly passed and are now in full force and effect. Executed in duplicate originals in Denton County, Texas by the authorized representatives. COUNTY MUNICIPALITY By By COUNTY JUDGE Name: Title: Date: Date: Acting on behalf of and by the authority of the Commissioners Resolution 0 Court of Denton County, Texas Dated ATTEST: ATTEST: By By Denton County Clerk city secretary APPROVED AS TO FORM: APP OVED AS T FORM: z Assistant District Attorney City Attorney APP V D S O ONTENT: Direc or, Li rary Services 7 =CITY - COUNC: L 1 e . A Q i _v. 9 G iI\wpdoca\reso\electIon. r ,S^ AoWaNo. 9 Agesi~atte,m^ ~p Date RESOLUTION NO. A RESOLUTION APPOINTING THE ELECTION JUDGES FOR THE SPECIAL ELECTION TO BE HELD ON JANUARY 15, 1994, TO DETERMINE WHETHER TO ADOPT AN ADDITIONAL SALES AND USE TAX OF ONE-HALF OF ONE PERCENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council pursuant to Ordinance No. 93-207 has called a special election to be held on January 15, 1994, for the purpose of determining whether to adopt an additional sales and use tax of one-half of one percent; and WHEREAS, V.T.C.A., Election Code S 32.005 requires the City to appoint election judges to administer elections ordered by the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SQQTION I. That the election judges for the special election to be held on January 15, 1994, shall be as follows: 1. For the Central Counting Station: R. B. Escue, Presiding Judge; Tim Hodges, Manager; and Randie Smith, Tabulation Supervisor. 2. For District No. 1: Ruby Cole, Presiding Judge and Alma Clark, Alternate Judge. 3. For District No. 2: Doris Chipman, Presiding Judge and Larue Wood, Alternate Judge. 4. For District No. 3: David Arno, Presiding Judge and George Spuller, Alternate Judge. 5. For District No. 4: Ralph Pyke, Presiding Judge and Barbara Pyke, Alternate Judge. 6. Jennifer Walters, City Secretary, shall conduct early voting under the Texas Election Code. 7. R. B. Escue shall be Presiding Judge for the Early Ballot Board. The presiding judge of the Central Counting Station and of each district ar authorized to appoint a sufficient number of clerks as necessary to assist them in the election, including bilingual assistants as required by law. The rate of pay for election judges and clerks hall be the maximum amount provided for by State law. PECTION II. That this resolution shall become effective immediately upon its passage and approval. K -~cn(aNo. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY. APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY.* U 41 ~c c J I =CITY- --C0UNC: OGGCC~ e l ~ M x c~ A Ni k1 "'0l A Agodal;elm oate.....l~ - 2-93 IT CITY of DENTON, TEXAS MUNICIPAL BUILDING I DENTON, TEXAS 76201 ! TELEPHONE (817) 5668909 - Office of the Cify Secretary MEMORANDUM DA^I December 2, 1993 TO: Mayor and Members of the City council FROM: Jennifer Walters, City Secretary SUBJECTi Board/Commission Appointments The following is a list of the vacancies for the City's Boards/Commissionst Airnnrt Advisory Board - Allie Miller has resigned. This is Council Member Cottfs nomination. if you need any further information, please let me know. n fe alters C ty Se tarry ACCOOOF4 MEMORANDUM ^A M E M 0 R A N D U MI T01 Mayor and Members of the City Council FROM., Allis Miller, Airport Advisory Board DATEt November 16, 1993 REI Resignation from Board Please accept this letter of resignation from the Airport Advisory Board. I have enjoyed being a member of the Board but am unable to continue my commitment to serve at this time. i I Airport Advisory Board NOISE SO NDARA 55 ! p1 / ' 1 • 1 A { re ' 1 ,1` ~ i ~ 1 U + III cl _ 1 L1: ~y~ ~ 1~ 1 l I i] I l I''' 111 M A 'i~ Ill i'.~'i I♦I IwI (5 Y I I I• I • ~y r 0 1 1 it I {y: :!:y:: ~ ~ bi "I rtipl f ! III 401, • 1, ~ C u .V' e i R ! 4' E ~8 J'S c. ~o~~io N ! a~. FRITZ N C ~D` oopN I SDOS-0UQ26 I i ,a Z°'ppg1 ~ ! I ~ U L A N D ~ P. ND RPN 3173/7b' ti S 99°46'03' C 63' OpR~O~,Rp j OR 447"s0 E N 00'29'35' E N 03035'35' E 40 26' f~ 58 59' N 89'53'41" E 288.74' SIP I KENT 1101' IR 1,2306 Ar_! CK 1 WIDE urrurr v0' I FtN 89'SS`3b' E sip ~ilJo SIP SEVENT w uAS - I 100,01' N 89'55 C.1 X0/515 DR 125' UL. (r"F'.) g I~ N 8955'Sd W f N 895S'S6' w f N 6955'Se IV N 8955'3g o f I N E955'3a' W L J _...5t.00. _1 l f S:ArL ar 7!1na S i't.vg7f of Ut L; uP wHr t:[nti, !r1.+ C'. 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L I; r_*.III ,t 1 f, J It!nr t ,t r.:1 ,sr Nt nr L IP,. f4115I T n f t.rf Leat ^I. :o n d: 1.100!; e1,.1.t tl•fe .1,1 A 1. to 1 :I 1 , C n , f 1 rtI 1 9e I 1 ^ - 5 I, Y,s n A',rlt l':- F., e jr!:t J ,,n ter L) 7. .,A n,el ia cr-1 y df 11 a'a 411 t,• V :•I1 11111 161Wt'll r. a n t x wn k r i ~ r . S egSS'.1G' 11689J' _ <_J t~ FI!' PJ 8~:1'34'3`~' W 294.95' Tip TF TTrr llSS PD t T~ppP ' rAl SCtiVI I OPifl WAIT 1~ • • 1'J • 1dZ7 0/553 8F~ E1cfC. tOP. ~PP.93-11 i N e755'Se e' e00' { 5 00'01'2 N C7 ' ar I 1/.00. I fi I _ DETAIL OF I VA' UTIUTY EASE N.T.S. LJ L~T~ _ gw F] E] C B,l Setback Line z LJ~ ~J ~nn~~ CE Commmmu unications Easement CL - Cente line d ixmc t I J DE Drainage Easement DR - Deed Pocords r __-f ILI~_~❑ FCP -Fence "orner Post j~~ - LL 111 JJJ nL7C-'7U r- FFI - fire Hydrant LJVe=7Ul FiP - Found I Ir Iron pin _ ___j ED LLEI ' FND - Found ( --~o•y tC LP -light Polo CJ1 Cr 711 rUr~~ GRAPHIC SUE MH Manhole 1L_JLJL_ -11 0 25 SO MGN - Vonurnent II ff LL - rr" Otl - Overhead IF~ J~_lt_Jrtsrver -]L PP - Paher Pole r- 0 5 t0 /5 20 2S PP, - Plot Records l ~i - CRIPf!!C SGIff N ROW - Bight of Way f R P R Real Property Records SIP - Set 1/2' Irar Pin UE Utility Easement L 0 C: AT I ON 1\4 A 1--' UG Undeegroun,i I' • »oo' } ' I ,'i1 ..r ![!r. c•. • n L, cl 191], 4.I I.y f+Pl.' (.I • tt n!Y P} TIU. : eel. •L.n. ,+l n. 17I TL Lr TLlrf P a t .r. .l yr.. 11,t..y r.rlie t.a 116 L+.I. of T..... n 1`,1. a.r 9.rg".1 tt .Il 'w'1. n • :.1 r,e. L!°-'! to 1. t:9 L. 11. (.\J'.e v "r..... 14 .'.r.r„t.9 A9 ;1' 1.. r•. "1 . it-.1. 11.1 1P r• t•et to It.1 tit .it fe. Lb ,.~I... . 1 ::~.la.!.1, v..rrl• . y ata.l a,1 1r 11. la•ltr at at. G,;i:- c :br r! ' • 1 u•9 ra,t of cl11v. Illl. N• ..y of 1113. ~74' C l L.,t.,T X,rl is 4a if futs a! T..'. cmr..l..luo r.Alf.. LV AT.t 1. p.L.'..J R1!.LI J. I. A. A..tt 1'•, L:[ r'.C YI T119t TVL5P45 :'X t 7 C X 1- •E, V, q, a.., A.I,Ite 11,+r, r n., it ray Cu, Lfl t3.: tme pl., ~fENTS \'1 I Itl,• e a 1101.10 1 I .9 .n..1 1a9 '•t at. .ee.y el tr:. L.t 6" that f.O. a 1 1u. Ir +.1 rl' IWail ,.'Alt r, l*I auo.l 0,04,.1. Lit to all. t, to . .1 . .,.n ti. 1... ,Y ~,!,rr r,:..tX ..r ry ularyl Trc(nnltroq e' RECEIVED METROPLEX ENGINEERING CONSUL'T'ANTS ENGINEERING at PLANNING • SURVEYING NOV 1 993 ► 601 SOUTH C.MOLL BOULEVARD SUITS D D11470,11. TEXAS 78201 (817)383-1118 DA1.1.AS 219-7040 PORT VORTH 329-3831 81DEPARTME NT rIa cn? F 1 N A L R E F' L A T - FRAME ADDITION to FEET 150 CERTIFICATE Of APPRCVAL LOT 1R, BLOCK I Approved tA+Is day of BEING A RkPLAT Of LOT 1, BLOCK 1 OF THE FRAME'ADDRION I AS SHOWN ON THE PLAT THEREOF RECORDED IN CABINET Ol', SLIDE 285 A. D. 19_.~_ I OF THE PLAT RECORDS OF DE.NTON COUNTY, TEXAS, AND AN 30 35 40 45 By the City Council of ADDITIONAL 0:553 ACRES Or UNPLATTED LAND. a the CRY of Denton, Texas AND BEING 1.2306 ACRES IN THE U.B.B. do C,R.R. COMPANY SURVEY, ABSTRACT NUMBER 185 CITY OF DENTON, DENTON COUNTY, TEXAS -'07Y SECIPtr^°r= ADrcwn: 1~1 wolf SCALE DATE J08 NUMBER Cnocked: E.N. 1" = 50' 05 OC1 95 9, 005 FRITZ ,y c ~ y root' ~ J ; . - - P, v y, li "cJr Fr ~ i~ous~o t ~ ~ysoa \ ~ ~ 7 4 ! dpa 9 ©a 6 ~ei/'so a srrce 288.74' KENT °bz,19 4 / DORIS f3FAN JOHNSON MI'f. ,Y Stir. sg`:= 1 Cp 93 u') 93-ROO62479 c6 ..-iiNCfs ~0~ ~ UI l GG.GG' Otto o4r. AV 1 24' DMVEWAY C) MMSET t7 .Inrda r ini.. f-XIS ~I~~V .Z~fiIffot; ~1 ;Ew ❑ L- J IA4 P C-3 C7-1 UufJ~ rcuwa PPAft \ ( h I ' cwt °rl I ~ ~ J LOCATION MAY r~ 63.46' I 0--01vNERS / DEVELOPERS Ylilf"•too DORIS BEAN JOHNSON JOHN C. JOHNSON P. 0. Box 1603 DENTON. TEXAS 76201 LATTED LAND o i 165.46' s`'~ i FLOO~PLAIN UiSTNa I r~ 1 R0047361V Ft~nS~- PROPOSED 20 UE nro 3S- i rrttwrf a I 1 ` ~ _ ~ -PROPOS 4 OE ED > 3E 294.95' 3. F. nQpP ' D R b 4?t ti 0/S!! cP DNC `+a M 1f! fvAlk- pcr', roe PR'ISAI NOTES: (1) No major chonges In topography are proposed. (2) A 4' wide concrete aldewalk 1s to be constructed olong Frame Street according to the C;ty of Denton standards, 1ncludfn sldewa?k romps at all Intersect;ons and driveways. (J) New concrete curt and gutter shall be installed on the east side of Frame Street. 1 a a i L; DETAIL 010 EXISTING ZONING /A: ULAN j SQUARE: FOOTAGE IN LOT 14t I R 53,606 Sq.Ft. ' 04, /'/fN0 i~ t. ;r i1.. e rte I k i FLOODWAY IY - nx r - RECEIVED NOV 10 1993 R AANINO 8 DEVELOPMENT DEPARTMENT GRAPN/L' SCAC£ IN rEET D 75 50 100 150 0 5 to 15 20 25 JO JS eD e5 { F'LOODPLAIN~ INF'OPAIATION ceanA:rc suit W Mrrrxs Port or all of ihls tract may be within an area designated as a flood hazard area METROPLEX ENGINEERING CONSULTANTS according to the Notional Flood Insurance ENGINEERING ' PLANNING • SURVEYING Program Flood Insurance Rote Map for the City of Denton, Denton County, Texas 601 SOUTH CARRO11 BOULEVARD SUITE D DEA"TON, TEXAS 96201 Community-Pone) Number 480194- OG05D (617)383-1416 DAIJAS 210-9948 FORT xOWM 320-3834 dated August 4, 1987, PREUMiNARY REPLAT FOR REVIEW ONLY Tbts Is to odvlss all psrsonr or smites posseuinq a of J.r map, or plan tinat too too Mood Ioca,ian, contour, or oolnrrxda ton of 1 tM flood hmard boundary to ayypprodrr,ots any and war dstuminM by I scognq and lronepoebp same from the a~poprNOle ! 1,01' iRr BLOCK i I National Arad Inewom Program flood r»uroncs Rate Mop or Mops for Va orso woomposasd by role BEING 1,2306 ACRES IN THE plat, map, or Ian. Thlr Is to advise further Oct Ms,rop:#v ~mooring ConwKorfta Inc, one B.B.B, & C.R.R. COMPANY SURVEY, ABSTRACT NUMBER 185 Ernest H npql no r I R.P.S. does not occept CITY OF DFWON, DEMON COUNTY, TEXAS iiabllity nor r reep rrrpondbili~ for Us occuracy ey or or Iian.-ney of the IocaGon, eontouq eanliq„rotion, dye, shay. ores or Doundmy of VA Iwod :one 1 Drawn; bye W0 SCALE DATE JOB NUMBER Moen hereon. Checked; E.+4. 1" = 50' 21 SEP 93 93005 Ij 1 I i{ ~f t k IW i, SF -7 ZONING EXIST. 15 SAN, SEWER w Se Serve 9' ~i NVU, E Isi 4VER T r !d i0CU5t flA U CONING 4/ 3 \ i C, }IEjof AOA}JS PROPOSED O WIDE I GR~ti4WA I Wttf1 i SIOEWAi K RAMPS - ( I rti - _ A" Tann"a Valvrt #1~ r .ti 1 M1 ' GIN ~ \ . \ UQaS ~UO614lg s . gY 1 ' 1k 6' r4k, SOL'lf 'NOOOC.N fENCC fOR SCRCFNNO 288.74' 6' F!ICH, SOQO WOOUCN fLNCC r_ _ - - FOR ScRi:CN N0 60, ti- ao c6 51 7' N!Cfl WOOOfN NA : SCNfC4NO ,ALONG PAR040 SPACC ('"O,) I - - 14' LOCOr ~ 1 d iA''N I OC115't ~ ' k ~r., ( 1 Q G. G O ~ocusr ~ 144 32' 3r rpA ~OR9CR ~D IRANi PPL*V T Orv W SOR OO 3 Y W✓l FX IC 32' 3?.-32, " > CONCPL f _ CONtikLTL' f 1%' ILL J2' y E. _ 24' Wi OR!Jl'WP M Fl 1 I S v I elf pNING Ito S4-, 7 Z. \ a r iJILDIH9 sETW~C✓, JAB SE.~Vt-D apE.N SPA / USING 0CK rIQ' BU4D!NO SC!1L`C✓. I1Np f I 6 J >3?' / W-STORe INS T N'.l CURS A'LONO [ASi rho of FwmrNr WNCRE t! -a. -r- 34' Nti ~ ~ 1 1 ti0 Q -7 7.0NING 63,46' 10 10' Bi x b ~f CUFFOfk MULKE' Fee lid Q~ f M41 TO RE"N i 70 BE NNNtNKFD VARIOUS SPEGFS I ~ I FLOOQPLAIN ~ I F_ -awl -0 - 0 0t00 By ctly f Ci ,w• ti -0-- 29, _ FIRE H{DPAr,I ' r^4 PROPOSED 1' wIDE CONCRETE SIDEWALK - - I + F.BUTTING THE R151,17 OF WAY bi f] A I l PROPOSED NEW CURB / AND GV7TER I f y 4< a 9 ! 25' r 2S i ZONING , (TYPICAL.) z 1 SEWFR TAP BY CFTIr W L) f i I I f Building Lot Coverage a 6,400 / 53,606 = 11.9395: i tli F.A.R. = 12,800 / 53,606 = 0,2388 ; 4,747 square feet in street yard-` 1,988 square feet In proposed paving ~ 2,759 square feet remaining for landscaping (58.12X) >s (1) Building Flevatlon Certificates shah be required when buiidinqq pperrr is are requested. (2) MINNUM PAVEVEN7 51-OPES SFIALI Sr AS FOLLOWS: A.SPFtALT - 6" per ILA.' CON, Pf. rF 4 per 10V (3) Water serviceb •',I be o minlmu'i n' It !act a"rt. I Sta 0 97 100 _~it3 ..a ra. o . 2 PROPOSL'U t PUDUC N.A!LRt1NE u.. n...o w.. C7NC4rfC C IC4rIE 32 32' l °OStU r SfU I ' Ppoppsc -j r nvo-S10RI C=:7.31 SECEJNDARr S ENCLOSURE C MOPED 32' 32 32 HIGH SWO WOODEN dAII. E GREENING AROUND OUNPS'CR PAD L - Sewer Service 2 9 4. Q J a' Ott Property Lkee J V%Dlljrr TRANCIE f 0' OIGH SOLID WOOOf.N FENCC FOR SCREENING ~ ~1L1ARQ ~1NORP ! p~10I553 Rt'R 5F, ` TONING f ~%EI DETAIL OF EXISTING ZONING U 1, A N D J a A~ IE ' r _ Boa .r~p~ A5 CONCNE riC HLOV VALVE - ~ 1 J2' ~ r PROPt7lSi7J ~ ~ © /NO-SIGN/ D~ARY amt£x -~C + SF 7 TUNING F' FFD°ED E i 1 d rt d I Oar SC~lE1NA1 ' l ESfAtE i FOR MRS. l.W. 0?11 PR•-93-12 / i s~rw>? F DE FEW FL00DI'LAIN I ~0amC3 Part or all of this iraci area designated as a according to the N oti o Program Flood Insuralt!1 E Mq`0~ City of Denton, Dent ]EDO Community-Panel Numb doted August ~UP A ml. 1. to odvt.. aA pw►ar a copy of we prof 45P o contour. or cerdpu boundary Nal7on Is pow ~ en+' . Nonand 4an+po. al flood Murano' Rao Map or F4093 fa 1M LOCATION M Not o< , AP v"*VOP now" lax I+1 EMW FW p.[~,t.RtP 1' 1300' I Ina e'uray pf lM lacolk~, dra, ohw, ora Or Iho.ll 3 I off FLOODWAY RECEIVED NOV 10 1993 tai ; :;x r/{,Cij J,~' RANNlNG B DEVElurixehf f N n DEPARTMENT { GRAPHIC v;ALE IN FEET e 10 2C 30 40 6o 6o 1 33 ' Y4Y' o 1 9 3 4 5 10 1'J 90 GRAPHIC SCALF !N METERS ORhtAT10N 1,,, cy be within on °ilood Insurance IMETROPLEX ENGINEERING CONSULTANTS ;,Rate Map for the ENGINEERING • PLANNING ' SURVEYING County, Texas 601 9OM CARROU BOULEVARD surm D DYMON, 71W 48801 m,f 480t94-0006D {817}367-1416 DAUAS E12-4448 FOK YOM 829-9894 087. ~nNw nq DETAILED PLAN FOA PLANNED DEVELOPMENT ZONING FRAME ADDITION ~°~°O" "ca LOT IR, BLOCK 1 finne« v BEING 1,4306 ACRES IN THE Itmu Wsc and B.B.B. do C.R.R. COMPANY SURVEY, ABSTRACT NUMBER 185 Quvracyc M1 C/TY OF Dam. DENTON COUNTY, TEXAS 101 ylbod Toni Drawn: eQe Wolf SCALE DATE JOB NUMBER Checked: I ?.0' 12 OCT 93 93005 r II i I i C - ropoee ~ WIT for O-U ~DSEY STREET of 1R to be Sneialled o serve Lot 1 R at the - 3me Lot 2R obtalne Bldg. t ermit LED .0. W ) P.O.B. sm EM w (t Norihwesi comer 5.00 Acre S dry'23' e ~ - j Tract k-8873'00' W - 319.84}- 1/2' S. R. 70.00 30.00 /2' F.I.R.- x s 47 1 R Are + U 10 Acres w ~7. S o } EXISTING d HOUSE z 1 7 00 G~ 3 0 w fo be re red 8L - O\ C{ 1 qnj z 3 i' I I I i 6' San. Sew. AN 6' Water Line I, 30 0 30 60 00 Feat i tC ( MCINRY MAP -Not to Scale- Odd ~ 1 m I LCD T 2R I +0399AaeJ I - - - - - - X20 S.LR. 1` F.I.R N WkT'3' w s 7 I 4 i 5 ] l . O r 4 ' P ~ yy 94 r; i i f i r -PRELIMINARY PLAT- LOTS 1R and 2R, BLOCK 3 R.E. FORD ADDITION 'I A Replat of Part of the 5.00 Acre Tract in the R.E. FORD SUBDIVISION A.N.B. TOMPKINS SURVEY A-1246 City of Denton Zoned SF-7 Denton County, Texas OWNER G & A Consultants, Inc. SITE PLANNING • PLATTING HENRY ,,~SMITH, Jr. CML ENOINEEMG 'AAUSTIN K7V5 U 1~Qy P.O. Box 1396 ~s iUeN Texas 76067 Denton, Tx. Re; 11;15/93 (214) 436-9712 mwmmmmm~ (M7)387-8470 DRAWN BY; THAD DATE; 10/01/93 SCALE; 1'=30' JOB NO.s 93266 i'y iq. ti k JJl 1 } 1 P.0.8.1 (CAL-LED 60' R. W.) ~t Northwest comer 5.00 Acre S 88623'00' E 100.00 _ '1 2 SL 11-2 ?.1 Tract N 88'23'0O' K" 3t9,84, ° 70.00 30.00 1; 2' F.I.R. I } W ' 8 L.OT 1R 30 0 30 60 90 feet g p ~=j Uzi" ' F~•i~: _ __j _ i ~ AM = 0 W Acrei c~C) Z 70.00 5 N /2'-SIR . S 88'23'40'-Enj\'• U Y sltR. ~ d • i_OT 2R Q\• ~ ttt `1 Area = 0.394 Acres 0 z o t' lI r a I 41=11140 OONFUSISM m IIMIQNm nieRn Ill ow at Denton. Taxes. this day of rq;QtQ44!ft m wn.n11f all atlwilale tft~ Vat oat~yseal 1114 Riang d a the A. 1l1s s. taaei as barley, "664ot Ir Denton pspteo Cwnty, »■ai and bino alt of a oartaln tree{ ~e'tol~, Jr. .~.y ld Maet16■d ie a recorded to lbluaa 1141, p~• 771 of the t! en tos and bIAO Part of me j Roo il:70! rty of Denton Covet » ract obvem on the plat of U4. d. ?ere OWNIVISIOn, en STA" pr f111AS7 tthe City of pantos according to the Plat thereof recorded I MPMB , qrY 1Mrt y773two a7S of {he bad R•eords of Flat Couaty, texas, thla del pe■onally 81 0aa[N 71aar~e 111~, +r•lta~MOo losing Ye• par.{cut•rly darcribed u rolfowi to as to M W s~aorson Moon wa~a is wMOOrT to file foregoing lsrtruismt and wRnw1 b Y Wt I asswtM On Mt~ / at a 1174 Iron rod sat at the nert7~lralattccaareer of the Postal: the oohs for the WrtNe }►A oe ration Uwmle sageeaood. W IR the aiwlty tMt+7a ata 1~ I , W tran, _oPilot Is the pa~ ~wr lfyelt •oettals tru"401llind :i °tMW eo wltWavMtst t nNr of ~•!d Di~Of f too Mir•ce det~f~a a m•i An ML 03. of this W 4 1del .0/14.*ie.a lro~ fyew~+ M b"MiL.."-Alw4 p, 719.61 tests 1111111411 d 00 »1004 S m. Mt 4tcrag the eouth line of sold Llndee Street and the Berth line op0 r Mid ■mIG tract to 1/74 iron 0.04 toouumM at air W northeast. **fear thereof and tee north"*% Corner of • erriale Kate of »xa treat of land described to a dead to tfoaaa F. spend at ov, rwardd le rolow 1409, " W at the Mel rropetty eecotdo of Denton County, my ooeelselon expires the day of 1H.. i »east ftf4fX'♦i S 07 011174 1 744.14 loot alone the teat Aim of 6414 Awtln treat W the teat line of said 911/M tract to a t4 Iron red toured on the Yrth Ilse of pool 0 of the Iglu N. verasa Amnion, an adaittpn, avow Mr NAM at Denton. r.xas, tai. ay of recorded le init. to the AC tl~ i7 of the Plot ll[dseatan# ofb baton ftownty.f rveal ~euG flee f ♦old~adafte ~ t ta 10,434 M, 01.10 1Mt af0eg the t►ddit p~ionn ho I/~tIhflroe rod~totrat tleiwthooN oaotnirRofgsaid ol4 Not iioa Tear b th I Scott tracts tt 11y fVa~aadl tl~ ~!~?M► "UWttl ~s DO ww" 0 03 $a Im ww t" t NI■I eaatrII M'til330.7 fast y 6361A 4 toeo~ re 1the Mwhe ~~,~eono most~ d MS Na {r. •..eNNNe~~~dddMli iolaM ~at• tAd r 1M~~4 /eetrtr4R~tyragctassaMd►~o~s1••• R~s__ , adtlas tr. M r 10 ~t~ for teeMo ty lets a asl~e ofated:a o ,held a it and the os ~I t 1 \C~,~\{~ p i~hat 3ion t it Lets \ \ sat 7 ?txrj dsMirla lion t t►}ao Ilea city of lentos, dt~ tI411~ !4 7ulft mm a" af~ts! Of this the \ OesiteR Osw{! tVars pad N bar to to to (o reo forovar the revrtidassi +i[{It amass Whe fnd e.t iwtsufldlnM art. treaty d+y at eahar ~e ■M eaNooe, treat d ruct anbe j l1 .open, owrp ~~eybrsaaeal1!4 wrowths. is Maass~aRdom. Mldeeµtel y Notary Pub Ce- i at all yWtlaO "a rtllitlsi 6=r-4Mato OY of YIM t71s •aYaooo►eode L Kata of 7axa 431 an,~ a 1!a ut! sty shell have Ge right to raa,eve and leo? Try eoaalealon axaires the day of 1N.. p~se9M al it ~Oa~rto of sa~nsy helldia9e~to""var ,j~ •tillshrusbasssat~reeat or Other lore with f ryst late VA sfllefall tl"M oh tf r0, 1 tlt'ra ra~W tomofttrtlll 40, M6ldn4s pup aa[ tO tall [ e low 0 ( and ssaa tto IIfrom sad inch tuna[ Id atll l ltniaty ~0Nalretl .ee~Rteta~VA heel tI ~to"ooing all erg M ti to+~0+t arjtay r ue aaaatYTt? Of p7oamring the Von eaten of an"". tat ofel •W~oat es C it y ellofriDonaltt tool" »orxdi43uweo, ru1eo, Iwo t raguls{leer Md rew7+tlon/ st y • n ~ I N 85.50' 3' W 99.99 j F.i.R. 4 . ~ I 6 ~L Ilk AN i i VICINITY MAP -Not to scab- 4 i COTIVICA" of A~AL rill PIst ApprovW suhl►ct td 811 plttlinf ordl►ano". rules, 4 rpvlstlem and r4m I►EElau of tM C ty ► Denton, T►e►s. y Apppproved this dsy oft , 1111 by the C[Tr OMWIL sf~Clly st lions s~waai I , e - FINAL PLAT- LOTS 1R and 2R, BLOCK 3 R.E. FORD SUBDIVISION A Replat of Part of the 5.00 Acre Tract in the R.E. FORD SUBDIVISION A.N.B. TOMPKINS SURVEY A-1246 f} City of Denton Denton County, Texas A _ OWNER._ G & A Consultants, Inc. SITE PLANNING s PLATTING 1. HENRY AUSTIN SMITH, Jr. CIVIL ENGINEERING 1305 Lindse LAND SURVEYING y P.O. Box 1398 a Lewisville, Texas 76067 t Denton, Tx. Rev 11/15/93 (214) 436-9712 (817)387-8470 DRAM BY. TItAU UAlE: 10;!01/9:5 SCALE: 1"=30' JUB NO.: 93265 f'k W" ONE 4 r 3 N 4 E ' ° PRQI , u ux uAPSCC SCA! E - r 00 A11 corners on subject tri rods found, unless otnerv CURVE TABLE _ Chnr~f gear-,q Ch 06 rrn C!h] afuf nyrf Ler Ih ' 88 5.13'J9 42 W. 396.22 JO'-i674-4w- 757.74 205.25 400.' Cv.4 Cv.2 1945652" 92, 00' 16.18' 32.03' S.38'47'29W 31.87' Cv.3 19'56'52' 108.00' 18.99' 37.60' S.394729'W. 37.4f' ! Cv. 4 37'3121- 270.00' -91.71- 176.82' N.42-25-17-A" 173.68' Cv.5 04'3422" 583.04' 2128' 46.53' N.25'56'460W, 46.52' a Cv, 6 02'3 f ' 16' 330.00' 7.26' 14.52' S.59'55' 19'E. 14.52' TANGENT TABLE i rim- f - 5 28'49 0.7 i ~ - - { + . ~ '03' W 80.76' j T-2 SJ3'49'Q3`W 12.73' 7'-3 N.61'10'570W 50.68' ` k 7-4 N. 23'39'35' W. 78.10' t xr} r-5 S.88'41'36-W. 73.94- 1-6 5.61'f0'570f, 71,68' j T-7 S.88'40'29W. 82.J4' r T-8 N.88440'08"E, 57.13' 1'20'360 W. 5257' [TrI S..~ 21'09'E- 16.60' f LOT SUMMARY Tract 1 = 10 Lois Tract 2 = 8 Lots Tract 3 2 Lots TAT. • ♦ A~~ ~l ~ipp J K EkMN SUUDIVISIGN rn p~ {i~~.. L n I 1~ yO I ~ ihr d IC'ned SF . 16 f n ry " _ v ` Sus '2J'2JmE, 214-98' CI 27 ~V+ \ \ , apl (19.016 5 F j w ~L__. J 1 y I \ 28 ! !t t _ a;_ t (TJON 7fAP PACE 348-N ems, ,°,,.a n.er? h t 25 `Ittt ore monumenfed with 111 inch Iron; w r (Ie.7w srJR/ / f The Ridge of Southridge 24 Cobfnef D, Poe JJO u~ FF~1~ SgH~A/~l1, / (PROCT~ ARN Cl15Ffl7E tt / j Zoned: SF-f6 tr \ (ai 'rt-UGI/ (t2o5os„)F////3f 1 ~n. FT 6730r / ryY I ~w 4~ 41i +c I A Block A 23 (23 362 5 F.) 1\\\~ 1111 `'~1•~ Q' / / Mr. FT 6730f rnki - S6-RCC Otiti / \b~ \ s /s / / rr -ae 1 a r 1 rp 66 q ;'j 'o 22 / ~ rI-56r 6 (21,430 SF~ ~r ?1 / y MAC\\T f \ S / PONT of < 5. f 49 A R£5 a l 9°~GyC~ 9fTRACT 1 Ir JJ [H, / \t\J FRDGfJ rJOc)i\\} qf-Y ' TRACT ►'?(26,034 51 5.165 AC (124,936 SO, FL 10, 25,413,i, {js ^ /A 4,y 4U~(256+ SF) 0/ Q a e v~ 1t, s'k Ivy i77,ti~I SF) i• ~~O ~I as 0KNIR'S CERnFiCAT1 a COUNTY (w OFNTLW 1 S TA fF Or TEXAS WHEREAS MAVFX 9, iNC,RANDY FELM''fir CONSTRUCT79N, INC, AND WILLIAM HUTSELL or owners of a tract of lond situated in the John McGowen Survey, Abstract Number 197, In the City of Denton, Denton County, Texas and being all of TRACT 1 and x TRACT 2 according to the deed recorded in Volume J417, Page 'X101 of the Deed DOT) and being all of Lots 28 and 29, Block 3fql t- Records of Denton County, Texas (!n of SOUTHRIDGE EAST PHASE 1, or, , ddition to the City of Denton according to the q' plot recorded in Cabinet D, Page 315 of the Plot Records of Denton County, lexas (PRDCT) and being more particularly described as Tract 1, Tract 2 and Troct 3 as follows TRACT I ' 8E0NNrNG of a 112 inch iron rod found for the most westerly corner of said Froct I a and being the most southerly cor• er of Lot 17, Brock A of the Ridge of Southridge, an ` odd1ion to the City of Denton according to the plot recorded in cabinet D, Page 330 (PRDCT) and being facated in the northeasterly right-of-way line of Southeidge Drive (a 60 feet wide right- of-way); tre NY TNFN'CE' departing the northeasterly right-of-way line of Said Southridge Drive and 'i. faftowing the northwesterly line of said Tract 1 and the southeastaty line of said Ridge of Southridge addition as follows. NORTH 50'37'13' EAST a distance of 34355 Feet to a 112 inch iron rod found , for comer; t NORTH 35'17'33' FAST a distance of 350.82 feet to o !j2 inch iron rod found for corner, 11 t NORTH 10'18'39" NEST a disfon<e of 191.65 feet to a 518 ,rich ;run rod vet for the northwest corner of said Tract i; ! TNFNCE NORTH 897J'23' FAST a distolce of 214 98 feet to o f12 inch iron rod found for the northwost corner of said tract I and being located in the westerly nght-of- j way line of Lillian Antler Parkway (a 80 feet wide right- of--way) in a curve to the right having a rcdius of 75774 feet, o chord bearing of Sceith 13'J942" West and o chord length of 396 22 feet, j MUNCF along Ihr westerly right-ol-way hne of said Lillian Wier Porkwoy os c follows Coot ruing olon, said curve to the right through a ceniro angle of 3018'44' for on arc length of 400.88 feet to o f12 inch iron rod found for the poinl of ; E lnngcnc y, j SOU170 28'49'03' N151' a distance of 511.79 feet to 0 112 inch iron red found for the beginning of a curve to the right having o radius of 9,700 reef, e chowa bearing of South 38'47'4'9' West on.I a chord length or 31 87 feet, Canfinuing VlOng said curve f; the right through a centra' ongie of 19'5651' for cn arc ?ength of 1203 feet to a 1/2 inch lion rod found fcv the begirning of o reverse curvv to the !eft having a radius of IO8 00 feet, a l t 0(l it,"srq of ~,outh ,18'4729- Nest and a rhnrd ~engfh of J141 feel, i f,nrhnwng a'nng 'nid iMrr :n ri~r,r tp the iel? Ihr,.,.wh a iMlfrf. ti { TRACT 2 gE(rWNG of a 112 inch irun rod found for the northeast corner of said react 2 and 44 being located of the point of intersection of the northwesterly right-of-way line of LNlian Miller Parkway (a 80 feet wide right-of-way) with the southwesterly righl-of.- way line of Southridge Drive (a 60 feet wide right- of -way); the THENCE along the northwesterly right-of-way line of said Lillian Viller Parkway SOUTH 28'49'03" NEST a distance of 893.19 feet to a 112 inch iron rod found for the southeast comer of sold Tract 2; THENCE departing the northwesterly right-of-woy line of said Lillian Miller Parkway j and following the southerly line of sold Tract 2 SOUTH 88'41'36' NEST a distance of kl 7,194 reef to a 112 inch iron rod found for turner; 1 f sH THENCE deporting the southerly line of said tract 2 Nr,177i1 itY2'75' WEST a distance wj of 179.32 feet to o f12 inch iron rod found for corner located in the westerly line of sold Tract 2; r THENCE NORTH 0971'09' KS'ST a distance of 249.7f reef to a 112 inch kon rod found 4 t, for the most westerly northwest corner of said react 2 and being the northeast comer is of Lot J2, Block 36 of Southridge Cost Phase 1, an addition to the City of Denton r occorda1g to the plat recorded in Cabinet 0, Pogo J15 (PROCI), zl Ilk, t THENCE along the northwesterly tine of said Tract 2 and the southeasterly tine of a said Southridge East Phase t as follows ' NORTH 5510748' EAST a dstance of 156.41 feet to a 112 inch iron rod found f for corner; t' NORTH 57'51'4J" EAST a distance of 16958 feet to a 112 inch iron rod found "f for corner; rT_T NORTH 5!'42'37" EAST o distance of 20030 feet to a 1/2 inch iron rod found for corner; NORTH J77825' EAST' a distance of 126 46 feet to a 112 inch iron rod found for the most norfheriy northwest comer of said Tract 2 and being located in the southwesterly right - of- way lire of sold Southridge Dritiv in o curve to the left i hovfng a radius of 33000 feet, a chord bearing of South 5955'19' fast and a rhord length of 14,52 feet; 7c } THENCE alony the southwesterly right-of- way Ale of surd Southridge Orive as fellows Continuing along sa?d curve to the left through a central angle of 01306' for on arc length of 14 52 feet to a 112 inch iron rod found for the point of fvngency; SOUTH 61'10'51' EAST distance of 11.68 feet to the PUiNI OF bt6iWNG; CONrAUNG wiih,n these metes and bounds 4 131 uv'es cr 179,918 spuora feet of fond, more or les.v t g TRACT i Sf 9FGiN?M4G at u 1/7 inCtr lrun rod feurrd fur Illy Southwest corner ul su-1 ivt 28. , i l JUJA1, = In J.VIJ SeulhnJge Insf i'hgse t i 0, Poe 115 ,l ~ ~ 1," p 0' TRACtI ~ t.tb10 ~ Jtf7,s Block -36 e%A y d Wn rr 651 o~ ` Dom. A( T- 10 - _ F a a "5_ x x "~i 4 Qe ! k GATEWOOD DRIVE U.« (50 ROW) 29A / ti - - 8 9, me S F Suuthredge fast )'hose Cabinef 0. f'v e P5 s" i/~` !Q JC~6'19f (PI7ix, r~ 28A w !A'A,11✓' Zoned Sf r0 (21,1655x)/, N fl"' / n4f T-7 S. 4754 W. g t CT(4O,893 T' 3 Z / J63.76' ACRE (_2:, i` r7) ncxNT OF ff BEGINNING r , f crr ~f > r f= TRACT J Zoned SF-16 Scale 1' 100' Checked By J. Kurtz Date October, 1993 P. C. J. Sanders Technician T krau0C F11e OAKS. F Drawn By 1 Kroj0a Project No. 166-004-93--50 "Na, pate r-2 ti F'OL4 r GF ~R,ICt 2 p Az d; Southn(jjP J,, Ver h, r~ l` / ti, ! long f PU H7 05,613 SE)/ 43 87 icRES 00 WO i 44 (24.00351] / F, (A;/TRACT 2 4.131 ACRES 079,928 SO r2.) / / a ~L Client : MAVEX 9, ;nc. 404 Leigh Court Highland Village, Texas 75067 RMSION9 I d jr yen 1 '~rltJ lfi 7S'4y'u)' K! J"foo C rf 8r)76 feet to j ii'~ nrr foot rc"j GinJ l.,r the nc.ryu,iy , user ,..f . r cHrnr aul- orf 1;ne, Aio,n9 sJ'J corner rut ofr !lire ~,ukJllf Ll'4903' H( ;l a d~510114 e of 12 /.3 feel rv a f/2 firth rod fvund for caner !ocoled !,r the natheosforly r,ghl-uf way rr,ne of so-" `:r-()fn, .J9e 7NEN(;. ufony the r it,rasleor rght of--wvy fine of surd 5wthr,dge Onve as f~Uo*3 Nc-Wf4 G7°uf'Sl' NF S1 J datJncc c'/ 5068 feel to o f17 rth bon rod lo;nd for the Geginnrig of a curve to the right hoonq o rcdlus of 17001) feet, o chord bmJnng C f Norlh 11'est and a chcxd length of }7,1 68 feet, X Cu%tnuinv atclny 90'J curvy to fhe fighf lhftUgh a central angle of for an arc length of 17682 feet to V 5/8 rrh iron rod set fa the mint of fon9eocy. N~)RPi ,'.3'30'35' 04Sr o J;stonce of 78 f0 ferl to a l17 inch roil rod fwJnd fvr ~ thr bM1grnrrrnyt of q curve to the 'Of hoonq o radius of 58304 feet, o cho,,d beor,rq or Norm A,!O c: ,J a chord +er,gth )f 46 Sr feet, i LtV4bAPf0q J"Iflq sa~11 rur6r Ic, the +eft fhr'ouyh v Centro! ar,yre of 04"342;1" fir or arc length of 46.55 feet to the r lUt CN RfGlfs'NiNG, ClMt fk'N NG within these metes o7c h-,.,nd; 5 765 acres or 774,986 s4:ore feel of fond, mn ve cr 'e5s ~ f OWNERS 1 RACT 1 & 2 MAVEX 9, INC. TRACT 3 LOT 29 RANDY FEUCHT CONS, INC. LOT 28 WILLIAM HUTSELL I PRELIMINARY PLAT Amiss: OHN McGOWEN SURVEY ASST. NO 197 SOUTHRIDOE OAKS tlfJ F. r,x. CITY OF DENTON Gorko ram DENTON COUNTY, TEXAS REPLAT OF LOTS 28 i 20v BLOCK $0 aXk* (21 24 SOUTHRIDOE EAST PHASE I 1 ! I 7?ENC'E 0r1948' KST o dsfonce or 1J965 feet to a rj? +rI h rvn rpd re.ind ( for the northwest corner cf said Lot 28 and Deinq locoted in the r~utheriy right -of. way line of Catewood Orhe (a 50 feet wide right o/-way), PIfiNCE aionq the southerly right-of--way Ilne of so+d Catewood Drive NORM 88'40'08" EAST a distance of 5113 feet to a 112 inch uon rod hwnd for corer located in the easferty right -of -way line of Lafayette Drive (a 50 feet wide right. of way), THENCE al,Ing the easterly right- of- way line of sard Lafayette Orh+e NOR 04 01'20*36' NEST a distance of 5257 feet to a 112 inch iron rod found fa' the northwest currier of sa+'d tot 29, ?HENCE Jeporting the easterly right-of-way line of surd Lot 19 NC 04 88'39'24' EAST a dston.r of 15,581 feel to a 111 inch iron rod found for the northeast corner of said tot 29 and being located in the westerly tine of said Iract 2, k T74ENCE oicng the westerly line of said rruct 2 50UJ4 0971'09 EAiT o distorlce of 16.60 feet to a 112 Inch iron rod found for corner. MINCE departing the westerly line of said iroct 2 SOU111 114225 N'ESr a distance of 179,J2 feet to a 112 inch iron rod Found for corner located in t}e <tvlherry tine of said rrac1 2, HENCE 50VFH 88'47'54' WEST o d,slonce cl 163.26 feet to a 112 lnrh iror, rod found for the most westerly southwest corner of suit) Tract 2 ord being the southeast corner of said tot 28 and the southeast corner of said Lot 28, s THENCE along the southerly corner of ;aid tot 28 SCrJrN 88'40'19' WEST a distance of 82 34 feet to the PA'Ni OF E UNNiNJ; REC I ED CCkt1ArNlN(i within these metes and bounds 0.939 acre or 40,591 square feet of land, more or less, DEC 93 I PLANNING 8 L PMENT DEPAA N PRELIMINARY PLAT FOR REVIEW PURPOSES ONLY { PRELIMINARY PLAT } 1 SOUTHRIDGE OAKS AND REPLAT OF LOTS 28 & 29, BLOCK 36 SOUTHRIDGE EAST PHASE I JOHN McGOWEN URYVEYY E DABSTTRRACT NUMBER 797 INC. DENTON COUNTY, TEXAS DEVELOPER. ENGINEER/7RVEYOR: MAVEX 9, Inc KurtrnBedlord A 9o.;iates, Inc, 404 Le'gh Court 4250 Roasehill Road, Su'Ae L-8 14 Mond Yllogqe, Texas 75067 Garland, Texas 75043 (714) 318-1127 (214) 240-5999 Shoot; - 1<urtz 13edf orci } t_t, I -._t - t i. .1 .11_1_.f_.t t .t. 1__1-t_ l,H. J0, Suite 6 } Aesocitatos, Inc. fexol ~ . Of: 7:sU4J 214) 240--5999 4) 240-4466 ~Qonaulllni ~nilnears r ourveyora Y i 1 HAND OUT FROM MEETING OF 12/7/93. `r 1 d A6W$aLou[Vnm ForSripfltiTeoslblA3-0000 s, Leuis~a, _ ~anea Feder ll ~k4arom ~ New Mexico, oktah ma, Texas SEP t IOU Mr. Joe Thompson Airport Manager Denton Municipal Airport Route 10 Box 100 Denton, T% 76205 Dear Mr. Thompson: We have completed our review of the Denton Municipal Airport Master Plan Update. This review includes the first four chapters of the report includingt Introduction, Inventory, Aviation Demand Forecast, and Facility Requirements. We have several comments that we would like to share with you. Our comments are as followas INVENTORY Paga I.S. Airno a: We would suggest that the number of aircraft based at the public airports be included in this section. The most recent 5010 form indicates that Lakeview has 75 aircraft] Goode has 100 aircraft1 and Northwest Regional has 425 aircraft. FORECASTS % Paae 2-7: The Need for a 8e ellite airport: This section indicates that the forecast for enplaned passengers will assume 'that Dallas/Fort Worth international Airport (DFW) and Dallas Love Field will reach capacity by 2000. This may not be an accurate assumption. Provided that the on-going lawsuits do not significantly delay the construction of the two now runways, RW 16-34 East is expected to be completed in the 1994 -95 time-frame, and RW 16-34 West is expected to be completed in the 1997 time-frame. If that is the case we would anticipate the capacity at DFW will not be reached until well beyond 2000. The North Central Texas Council of Governments (NCTCOG) will soon be undertaking an Air Carrier System Plan Study for the Dallas/Fort Worth area. The first step in this study will be to develop a now enplaned passenger forecast. There is some question with regard to the validity of the enplaned passenger forecast in NCTC001s - TOGNTRRR WR NUCORRD - Phase 1 Report, The report was published in 1990 with data2 collected in 1988-89 time-frame, Many changes have occurred in the aviation industry in the last four years; therefore, the forecast need to be reevaluated. It would be logical to assume that at some point in time DFW a and delays at DFW nd Love Field will reach capacity. As that time approaches additional capacity should be provided. uThecAiraCarrier System Plan Study is expected to identify alternatives for providing the additional capacity. Those alternatives will be evaluated and a plan for providing addition-+l capacity recommended. It will be important that information relativs to the potential passengers in the Denton area be incorporated in NCTCOGO.e study. We would recommend that information be provided in this section which indicates that the Air Carrier System Plan Study will be conducted, and the potential demand for commercial passenger service will be taken into account in this study. It should be pointed out in this section that the decision to iesstsolablish regularly at an there airport may appear to be a demand for passenger service in the Denton area, there is no assurance or guarantee that an airline will establish passenger service at the airport. Peae 2-10, Based Aireref t The text and Table 2E identifies a significant decline in the number of based aircraft between 1989 and 1990. We would suggest that a comment be provided to explain the reasons for the decline. The text also indicates that there are recent indications that the air; XXt is beginning to recover its original market share. It wouldjTelpful to provide any evidence that would support that statement. Another factor that might be considered in the forecast of .based aircraft relates to the larger number of aircraft based at privately owned airports in Denton County. We are beginning to see evidence that privately owned publio use airports in large metropolitan areas are facing difficult financial times. The cost of operating and maintaining an airport facility is becoming prohibitive for many private airport owners, We have no reason to expect that the three privately owned public use airports in the area might cease operations in the near future. However, should that occur, a larger number of general aviation aircraft would be relocated and Denton Municipal Airport may be a logical choice. The Denton Municipal Airport needs to have a pplan for growth which could accommodate a significant increase in based aircraft. The actual construction of additional facilities would only be initiated when the demand presented itself. FACILITY REQUIREMENTS 3 General Co m•^+t When addressing runway length, strength as Well as the additional aviation facility requirements, we would suggest that the facility requirements discussion be subdivided into two sections. one section would address the facility requirements assuming that the critical aircraft is the appropriate general aviation business jet. The other section could address the facility requirements that might be necessary if the airport %are to be expanded to accommodate commercial jet aircraft. At this point in time we cannot be certain that the Denton Municipal Airport is the best location in the Dallas/Fort worth area for the development of a new air carrier airport. The NCTCOG's Air Carrier System Plan Study will evaluate many of the existing airports in the area for future expansion to accommodate commercial jet aircraft. In addition, there is a passibility that entirely new sites will be evaluated. It is our opinion that the primary purpose of this master plan should be to provide the city of Denton with a plan to allow the Denton Municipal Airport to fulfill its role as a general aviation reliever airport, we would not object to some additional discussion in the master plan that outlines options that may be available to the city should the Denton Municipal Airport be identified in the NCTCOO's Air Carrier System Plan Study as the location where additional commercial passenger service should be provided, We recognize that prudent planning should include short term racommandations that would not foreclose future expansion to accommodate potential air carrier passenger service. If the Denton Municipal Airport is selected as the site for a new commercial airport, we would view that as a new role for this particular site and would encourage the city of Denton or the public agency identified to develop a now commercial airport to undertake a new master plan and environmental impact ,statement.' We appreciate having the opportunity to review the draft chapters of the airport master plan update, If you have any questions or require additional information, please do not hesitate to contact me at (817) 624-5613, sincerely, Mika Nicely project Manager, Airports Division cot Mr. Scott Cray Coffman Associates 11022 Ni 28th Drive, Suits 240 Phoenix, A2 85029 I > USDOPOtTBM Soul m*est Aegon Fort Wonh. Tan 761930000 siana oftordpOrlofiOn Arkansas Low New MexiCOOk'arahwmd , Feft Avia"Oe Texas /IdR1~f~f0~{011 'l*gio11122 ee ~~'fs rygM A ~ ~ ~3 SEP Q foal i9zd~a Mr. Joe Thompson Airport Manager Denton Municipal Airport Routs IF Box 100 Denton, TX 76205 Dear Mr. Thompsons We have received and completed our review of Chapter 6 - Airport Plans and Chapter 7 - Financial Management and Development Program for the Denton Airport Master Plan. Following our review of this material, we continue to have concerns about the direction of the master plan. In our letter to you dated September 2, 1992, in which we provided comments on the first three chapters, we indicated that this master plan should focus on Denton's role as a reliever airport and not as a commercial service airport. An excerpt from that previous latter addressed our concerns regarding the Chapter 3 - Facility Requirements as follows. FACILITY REQUIREMENTS General Comments When addressing runway length, strength as well as the additional aviation facility requirements, we would suggest that the facility requirements discussion be subdivided into two sections. one section would address the facility requirements assuming that the critical aircraft is the appropriate general aviation business jet. The other section could address the facility requirements that might be necessary if the ai rt were to be expanded to,- accommodate commercial jet aircraft. - TOOlTRIA " BU0031D - k pp 4 i • I r 4 At this point in time we cannot be certain that the Denton Municipal Airport is the best location in the Dallas/Fort Worth area for the development of a new air carrier airport. The NCTCOG's Air Carrier System Plan Study will evaluate many of the existing airports in the area for future expansion to accommodate commercial jet aircraft. In addition, there is a possibility that entirely new sites will be evaluated. it is our opinion that the primary purpose of this master plan should be to provide the city of Denton with a plan to allow the Denton Municipal Airport to fulfill its role as a general aviation reliever airport. We would not object to some additional discussion in the master plan that outlines options that may be available to the city should the Denton Municipal Airport be identified in the NCTCOG's Air Carrier System Plan Study as the location where additional commercial passenger service should be provided. We recognize that prudent planning should include short term recommendations that would not foreclose future expansion to accommodate potential air carrier passenger service. if the Denton Municipal Airport is selected as the site for a now commercial airport, we would view that as a new role for this particular site and would enco+irage the city of Denton or the public agency identified to develop a new commercial eirport to undertake a new master plan and environmental impact statement. also January of this oyear nfollowing ourr review of Chapter master 4 plan - Alternatives. We cannot concur with a master plan for a reliever airport that recommends Airport Reference Code (ARC) D-IV for the design aircraft, such aircraft include B-707, L1011, and DC-10. In our opinion it is unrealistic to expect this type of •sircraft to ever use Denton Municipal Airport. As we have indicated the NCTCOG Air Carrier System Plan is underway. That study will determine it additional capacity for scheduled passenger service is needed in the Metroplex. If this study determines that additional capacity is needed and Denton is selected as the best location for such service, a new master plan for the Denton Airport will be recommended. TOOSTBRR WN SUCCRID - i . r r i 3 As we have indicated, a section of the master plan could have a relatively minor discussion of the Denton Municipal Airport's ability to be expanded to provided facilities for scheduled passenger services. It is not appropriate for the airport layout plan, that is submitted to our office for approval or the capital improvement program that is presented in Chapter 7, to recommend the construction of a runway and associated facilities to service air carrier aircraft. We expect this master plan to focus on Denton Municipal Airport's role as a reliever airport , with the number of runwaysf runway length and strengthi and associated facilities needed to fulfill that role. We are not satisfied that the master plan as it is presently written and organized meats that requirement. We are available to work with you and your consultant to assist in making the necoesary revisions to the master plan. laas®udo please have any questions or require additional information, not hesitate to contact our officeo sincerely, Mike Nicol Project Managart Airports Division cat Mr. James Harris Coffman Associates 11022 N. 28th Drive, Suite 240 Phoenix, AZ 85029 • TO4sTHSA WI SUCOSlD • NAND OUT FROM MEETING OF 12/7/97. . ~ndaMo Ape~daN Dote- C1TYofDENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (8)7) 566-8200 MEMORANDUM T0: Mayor and Members of City Council. FROM: Lloyd Harrell, City Manager DATE: November 18, 1993 SUBJECT: Denton Municipal Complex Roof Leakage We are very proud to report to you that the downtown revitalization of Denton Municipal Complex (DMC) is progressing. The innovative financing budget (combined lease revenues and bond funds) includes monies to install a new roof on the DMC project. Additionally, we had set aside funds to install a new roof on the Cooke County College area and, depending on the bids, the Morrison Milling area too. In order to accomplish installing new roofs on these three areas, we had planned to complete the roof installation separately after the DMC Renovations were completed, Unfortunately, the existing roof has lout its integrity (See attached Armco letter dated November 16, 1993). Therefore, it is essential that we repair the current roof or install a new roof to prevent halting the interior construction. The contractor, Steele-Freeman, Inc., states it will be necessary to stop work if we cannot resolve the roof leakage problem (see attached Steele-Freeman letter dated November. 8, 1993). Due t) the continued leakage and the possible cost work stops, we need to act immediately. We must repair or replace the DMC roof. It does not appear to be prudent to spend $30,000 to attempt to repair the roof. Any repairs would only be temporary and would not last more than three to six months, Steele-Freeman estimated it will cost $292,800 to install a new 10/15 year roof (see attached Corgan letter/change order dated November 17, 1993). Steele-Freeman will oversee the roofing company and assume liability for the roof, The City roofing consultant will also oversee the project to ensure quality materials are used and the roof is constructed to last a minimum of 10 years. I k{{ 4gend, No Agr Page 2 Oate___ DMC Roof November 18, 1993 Available options: 1. Temporarily repair the roof for approximately $30,000. Hope the repairs hold and bid the roof contract in June 1994. Implementing this option will cost approximately $267,800 which includes the repair cost of $30,000 and the low quote as proposed recently by Steele-Freeman. (See attached OPTION 1) 2. Accept the change order at a cost of $242,800. Resulting in one contractor, Steele-Freeman, being liable for the construction and roofing and, thereby, also expediting this critical process. (See attached OPTION 2) This is the staff's recommendation. 3. Immediately place the project out to bid. rha bid process will take approximately six to eight weeks. Steele-Freeman contends (See attached Steele-Freeman letter of, November 8, 1993) that the City could be assessed a penalty for the extra cost the contractor incurs due to the construction delay. These cost could be approximately $40,000 to $60,000 ($3,000 per day). (See attached OPTION 3) We will be prepared to discuss budget and options on November 23, 1993 at the work session prior to the regular session. Staff recommends the City issue a Change Order to Steele-Freeman for $242,800 to perform this work. i Respectf lly submitted: 1 L1 y V. Harrell, C y Manager E Prepared by: [b 1 4 5 14noton,,'Facilities ruce Hen Manager C Attachments 1627.FM PHASE I E` nUDGET NEW ROOFS New Roofs Acct. # 450-032-DMCI-9318-9101 $ 296,631 Estimated cost for Denton Municipal Complex (198,199) Estimated cost for Cooke County College ( 28,568) Estimated cost for Morrison Milling f 70,064) BALANCE $ 0 1 i i a 1 t Ii/18/93 1627.FM f FROM .11,16,1993 1611 P, 1 November 16, 1983 aB6r,d~N0 Mr. Bruce Hennlnpton M City of Denton 901 •B Taxes Street Denton, TX 76201 3003 LBJ FAWY., SUITE 61,37 DALLAS, TExAS rs234 Re; Moore 9uilding 2141243.5141 Dear Mr, Hennlnpton; This letter references the Moore Building construction project and addresses the need to either temporarily repair the facility until project completion In August or Initiate a complete (drool at this time. There are approximately 40lsaks on the Moore Building at this time affecting a total of approximately 80,000 square feet of roofing. There Is a considerable amount of dsterloreting roof met which will require extensive repairs in order to keep the building In e usable condition, The approximate inttlal cost to temporarily repair this facility Is $38,000. This cost might well be Inflated with the ongoing repairs which will be required to maintain this buitdirg. Another consideration to tike Into account to whether there Is a penalty clause applicable to the City If the Qeneral Contractor, Steele Freeman, Is hold up due to rein deloys. This daily penalty will also add to the total cost of the project. It to our considered opinion that It will not be In the best Interest of the City to embark on a project of temporarily repairing this roof because the materiats have lost their tonsils strength and there Is eignlficant evidence of dry rotting. To attempt temporary repairs on a roof with the conditions Indicated here would be in ongoing maintenance problem throughout the project. Please feel free to call It you have env questlone, Sincerely, O~ti'b, Y,oW%, Mike Berton llaglonal Vice president MBrvb k P p. a NW-11-1993 09126 FROM CORCa4 ASSOC ARCHITECTS TO 191'75EEi?242 F.9e 1 rar l^r S7-1-U FREEMAN, INC* GINERAI CONTitACTORS 1301 LAWSON POAD / FORT WOM. TEXAS 76131 I617*32 +7421 FAX 61i I' NOV P. 9 3993 November 8, 1993 t Mr. Jeff Groth Corgan Assoc4ale Architects 501 Elm Street Suite 500 Dallas, Texas 75202 Re - Denton Municipal Complex Notice of unknown physical condition Dear Mr. Groth: This letter Is confirmation of our oral conversation on October 18th, U 3 with you on the above referenced project. In that conversation, we informed y,.,t that we encountered an excessive amount of leaks in the existing roof which woulc -ot allow for us to proceed with the interior finishes of the building. This is formal notice in accordance with Article 4.3.6 of Document A201 whic' forms the general conditions of the above referenced contract. In submitting our bid for the above referenced project we relied upon the bit. tang documents and our prebid site investigation cf the existing roof. No reasons ole, prudent Contractor could have foreseen the extent of the roof damage the' ,+as involved. The weather was clear and therefore, no leaks were apparent at the v, 50 of review. Before we proceed further with the finishes of the interior, we request that you investigate these field conditions to verify our assessment of the situation. We will be receiving bids for repairing the roof as directed this week. Following review of the bids, we will be submitting a claim for extra costs incurred due to these latent site conditions as well as for an extension of the contract schedule, if necessary. Our claim will include costs incurred by us, our subcontractors, delays caused by this latent site conditions to the rest of the project, together with reasonable allowances for indirect costs, any attorney fees if applicable and profit. The particulars of the claim shall be presented to you when they are assembled. A I I K x+r. NOV-11-1993 0927 FROM CORCM ASSOC. ARCHITECTS TO 18175668242 P.03, AgWaNo Page Z of 2 _ AaG;vaAl'-si De,e Thank you for your time and consideration. Sincerely, Freeman Profect Manager MFI1d i R 17 November 1993 Mr. Bruce Henington Superintendent, Facilities Management City of Denton, Civic Center 321 East McKinney Denton, Texas 76201 Re: City of Denton Dear Bruce: We bave completed our review of the three proposals submitted by Steele Freeman, for reroofing the new Municipal Complex project. We offer the following comments regarding these proposals: 1. The C;ty originally intended to issue a separate contract after the Steele Freeman contract was completed. Howevtr, the deterioration of the roof has increased to thepoint where Steele Freeman is unable to install fird es in the building due to excessive leakage. This condition requires that the City either spend approximately $38,000 to temporarily patch the roof so not to delay the general construction work or reroof the project at this point. The first option is not recommended because the repairs will only be In place a short time until a new permanent root is required. 2. Pursuant to this reroofing issue, the City requested with the assistance of the City rooting consultant, f Mike Barton, and Corgan Associates to obtain 3 reroofing proposals from qualified subcontractors through Steele Freeman. Steele Freeman has offered a negotiated credit of $2,774.09 by forgoing Cwjam y„"W„Anh„n, some of the 10% profit and overhead wblch they are z+ims°'" due by contract in the spirit of cooperation, 6uk~l00 O~tlr~, two »7G1 A1~ • Telala74M haIf46531Ur An"Nawl $DiaPunaWRIt aOngn Meer P1mmmy TOTAL P.01 a AgWaNo Mr. Bruce Herrington L~is,2 17 November 1993 We recommend acceptance of the low proposal in the amount of $242,800 as representing a fair and equitable price to reroof the complex and eliminate delays and or damage to the already contracted work. Please call if you have any questions or concerns. Ve truly yours, rent Byers Principal cc: Tom Shaw i t 1 r t t i 9M ,'OMIDAU9 i .:f1HlVlat u'A,~I it . ORDER CONrKALCTON q "`~fl FIELD re- AIA D001,111iNT 6701 01 HER C] k R 13 IA,Et - PROJECT: Denton Municipal Complex GRANGE ORDER NUMBER. One (name, address) DATE: tmt"y 10-14-V3 i~5~* TO U)NTRACTOR ARCIIII'LC7" 5 PROJECT NO' 92029.00 (name, address) Steele-Freeman, Inc. 1301 Lawson Road CONTRACT DATE: Fort Worth, TX 76131 CONTRACT FOR. Renovations The Contrict is changed as follows: Provide reroofing as per ARMKO and Mike Barton specifications and drawings and as per Steele-Freeman Proposal #3 Revised II dated-11/16/93. Add $242,800.OJ Not valid until signed by the Owner, Architect and Contractor. The original(ContractSurn)(r, ' 4"--'.....N 2,347,000.00 Net Lh.wge by previously juthorized Change Orckn S 0.00 The (Cuntracl 5um) ( w • prior to this Change Order wu S 20347,000.00 The (Cuntract Sum) ( e'tl1 be ('mcrrncd) (Jre++s.+Ji (uoc:s; by this Change Order in the amount of S 242,800.00 The new (Cunt rxt Sum) ' including this Change Order will be S 2,589,800.00 TheCumuctTime %'dlbe(icw~)('b#mk*Aoi)(unclnnged)by ( 0 )Jays, The date of Substantial Cumpletk)n as of the Jute of this Change Order therefore August 14 ,199 4 MA E Ilui numoury d.ke no rellttt chmgtw tic CAnurxt Suns CIRItrxt l'In1e or GturmtawV %liaintum Pike %hkh here been jvthu Need L} { t',un+IruCUUn Chy)gc Dimrucc Corgan Associates Architects Steele-Fr ma , n City of Denton ANCIIIf FtT U)N1'Km'i IR 0A NEN SUl Elm Street._Suirg_$OQ 1301 - o Q 215E McKinney AJdro,. AJJN~+ AJJre+. _~al -7 202 F9L ~IIL t ~13L_ -nEII~n~TY 7~~(tT~ EIY by _ bY' PAIL U.AI E DATE. 1 I CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA OMMENT G?01 I UTANCA MAN 0 I'M7 MAIMS • AtAb . ~,I'M' . rnr. Q101-1967 AM KICAN M111UH OF ARCHITECTS, 1'54 NE's' YOWi AA. NN,'AMI11,10N, aC 2UEX, WAANING: UnikerdW plwtocoyying vkIHH U.S. eoy,'rtgrd IM snd Is euW to WVI pmwuuon. - F` E REQUEST FOR CHANGE ORDER Proposed Change N 3 REVISED, II Dates November 16, 1993 Job Name: DENTON MUNICIPAL COMPLEX Job Number: 2615-1 Description of change: Add to re-roof areas C, D, E, F and G outlined in specifications for roofing at City of Denton Moore Building noted as project number 31931101. Scope of work to include demolition of existing roof, required repairs per unit prices and replacement of roof per plans and specifications. WORK ITEMS QTY UNIT RATE LABOR MAT'L EQUI SUB 1. Roofing Subcontractor s 220711.00 (RHS Company) : 'Unit Cost Proposal Attached s s TOTALS 220711.00 i SUB-TOTAL A, B, C, D $220,711.00 (E) LABOR BURDEN 40$ OF A ($1065.48) 0.00 (F) TAX ON MATERIALS 0% 0.00 $220,711.00 Contractors fee 10% of A,B,C,E,F 0.00 Contractors fee 10% of D 22,071.10 SUB-TOTAL $247t782.10 BONDO INSURANCE & AGC 1.15$ 2x791.94 SUB-TOTAL $245,574.09 STEELE-FREEMAN, INC. (NEGOTIATION CREDIT) 20774.09- TOTAL CHANGE TO CONTRACT (ADD) $242,800.00 OPTION 1 New Roof $ 296,831 Repair DMC Roof ( 30,000) Probable Low Bid (237,800) Cooke County College ( 281568)* Morrison Milling ( 7000641* BALANCE $ ( 69,601) NOTE: We have $75,000 in the DMC Contingency Fund. We do not want to use this money for roofs this early in the process. * These are approximate figures. 11/18/93 1627.FM I i l OPTION 2 New Roof $ 296,831 Change Order ##1 (242, 800) Cooke County College ( 28,568)* Morrison Milling ( 7 4 BALANCE $ ( 4 4 , 6 01) NOTE: We have $75,000 in the DMC Co,.ti.ngenc Fund. We do not want to use this money for roofs this early in the process. * These are approximate figures. 11/18/93 1627.FM AEt OPTION 3 ft'; New Roof $ 296,831 Probable Low Bid (237,800) R (See attached quotes) 28,568)* Cooke County College Morrison Milling ( 70 064 * Minimum Delay ( 401000)* BALANCE $ ( 79,601) I NOTE: We have $75,000 in the DMC Contingency Fund. We do not want to use this money for roofs this early in the process. I i I l~ 1 i * These are approximate figures. 11/18/93 a V. REQUEST FOR CHANGE ORD' Proposed Change M 3 REVISED, II Dates November 16, 1993 1A 0 Job Name: DENTON MUNICIPAL COMPLEX Job Number: 2615-1 Description of change: Add to re-roof areas C, D, E, F and G outlined in specifications for roofing at City of Denton Moore Bui:ding noted as prcject number 31931101. Scope of work to include demolition of existing roof, requirec repairs per unit prices and replacement of roof per plans and specifications. WORK ITEMS QTY UNIT RATE LABOR MAT'L EQUI SUB 1. Roofing Subcontractor 220711.00 (RHS Company) 'Unit Cost Proposal Attached s s TOTALS 220711.00 SUB-TOTAL A, B, C, D $220,711.00 (E) LABOR BURDEN 40% OF A ($1065.48) 0.00 (F) TAX ON MATERIALS 0% 0.00 $220,711.00 Contractors fee 10% of A,B,C,E,F 0.00 Contractors fae 10% of D 22,071.10 SUB-TOTAL $2420782.10 BOND, INSURANCE 6 AGO 1.15% 20791.99 SUBTOTAL $245,574.09 STEELE-FREEMAN, INC. (NEGOTIATION CREDIT) 2,774.09 TOTAL CHANGE TO CONTRACT (ADD) 5242,800.00 REQUEST FOR CHANGE ORDER ?roposed Change N 3 Date: November 11, 1993 Job Name: DENTON MUNICIPAL COMPLEX Job Number: 2615-1 Description of change: Add to re-roof areas c, C, E, F and G outlined in specifications for roofing at City of Denton Moore Building noted as project number 31931101. Scope of work to include demolition of existing roof, required repairs per unit prices and replacement of roof per plans and specifications. (A) (B) (C) (D) FORK ITEZ'S QTY UNIT RATE LABOR MAT'L EQUIP SUB 1. Roofing subcontractor 232,000. (C. D. McKamie) ; 2. Roofing Bond (2.5%) 5,800. TOTALS 237,800. I _ SUB-TOTAL A, B, C, D $237,800, (E) LABOR BURDEN 40% OF A .0 (F) TAX ON MATERIALS 0% 0 E237,800: Contractors fee 10% of A,B,C,E,F 0. Contractors fee 10% of D 23,780. aUS-TOTAL $:.61,580. BOND, INSURANCE 6 AGC 1.1.5% 3000A. TOTAL CHANGE TO CONTRACT (ADD/jqJjJM) $264,588. t FROM I1. 9. 1993 15107 ab"" .10 . e PROJECT #31831101 PAGE 2 OF 6 PROPOSAL, RSROOPINO AT CITE' OF DENTON MOORS BUILDING O CONTRACT DOCUMENTS: having examined the ptopoool, Contract, Oeneral Inatructions, Motorists, Execution, and Orewinge for Project W931101 and conditions for reroofing work, and having examined the premises and circumstances affecting the work, the undersigned offer: OFFER: 1. To furnish all labor, material, tools, equipment, transportation, bonds, ail applicabio texas, Incidentals, and other facilities, and to perform all work for the sold reroofing for the following area: PAS! 510 NO. t • ROOF AREA C s 69,300.00_ BASE BID NO, 2 • ROOF ARIA D 1 53,650.00 BASE BID N0, 3 • ROOF AREA E 601500.00 !ASI 61D NO. 4 • ROOF AIEA F 30 "q SAS! RID NO, 6 • ROOF ARIA 0 a e 94 2,00 LUMP SUM 110 f UR ROOF AREAS C, 0, L, F. AND 0 UN4T PRICE PRO iBc" exclude elk%" tax- 1. Remove and replace damaged concrete decking: 114.00 Per square toot. 2. Remove and tapioca deteriorated mallets, a 2.00 per linear foot. 3. Additional coat over and above the contract amount for replacing wet insulation: e 1. 4 per Square loot. r 4. Additional coat over and above the contract amount for replacing wet fill material- ioypsuml; ax. per inch Per square foot. NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANCE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND ~r~n1n PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AN R EFFECTIVE DATE. the City awarded a contract for , on ttheWHEREAS construction of Berta LmY °vement9 to Steele-Freeman 1 c 247 OQQL00 ; an in the amount oT_j WHEREAS, the City Manager having recommended to the Council that a change order be authorized nand to amend change hordes'rbeingiin respect to the scope and pr Governance with he requirements of Chapter 252 of the Local Code; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DEMON: SECTION I. That the change order to the contract bf trween t e City s~ na__ Steele-Freeman. , a copy o e attached ereto, m e amount o 'non I ei h hundred o arm Z ere y approve an tie expen Lure of funds t9 Yefor is nereby authorized. SECTION Ii. That this ordinance shall become affective imme ate y upon its passage an approval. , 7 ioSE,D AND APPROVED Chia the day of 1993. BOB CASTLEBERRY, MP.YOR ATTEST: J I APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: i i BAND Our FROM MEHIxc OF 12/7/93. QUESTIONS AND ANSWERS Abuurr THE HALF CENT SALES TAX TO REDUCE THE PROPERTY TAX What is the January 15 election all about? On January 15, 1994, Denton voters will determine if an additional half cent sales tax should be adopted and property taxes reduced. This proposal will not raise any additional revenue for the City. If this measure passes, the sales tax rate will be increased by one half cent and the property tax rate will be reduced. How such will property taxes be reduced? City property taxes will be reduced by approximately 20%. The tax rate will be reduced by about 15.3a per $100 valuation. If you own a $70,000 home, your property tax bill will be reduced by about $100. What will keep the City Council from Iinsediately raising property taxes back to the current level after the sales tax increase goes into effect? State law requires that sales tax revenues from the half cent increase be used to reduce the property tax rate each year. State law also mandates that any increase of 3% or greater than the effective rate requires a public hearing and any increase of 84 or greater from the new, lower rate will be subject to a rollback election. Additionally, a citizen committee will report annually to the City Council to ensure that the appropriate credit for sales tax revenues for the corresponding property tax reductions are made. This Committee will also report annually to the City Council regarding the amount the additional half cent sales tax has reduced the property tax as part of the budget process at a public meeting. This group will continue to hold future City Councils accountable on this issue. Why is this issue being proposed? This issue was proposed to reduce the tax rate on property in Denton and offer tax relief to property owners. it also shifts a portion of the cost of city services to non-resident users of those services. Many non-residents come to Denton to work, shop, or go to school. That is good for Denton's economy because many commuters and visitors purchase items from Denton businesses. However, those non-residents do not pay property taxes for the city services they receive while in Denton including police and fire protection, street repair, and park maintenance. The adoption of this additional sales tax will result in significant property tax reductions for all property owners in Denton and shift a portion of the cost of city services to non-Denton residents. r What percentage of Denton shoppers are from out of town? In surveys conducted by three retailers in town, results show that many non-residents come to Denton to shop. For example, Carter's clothing store at the factory stores reported 83% of its business came from non-Denton shoppers. Service Merchandise reported 511 of its business came from out-of-town shoppers. Golden Triangle Mall reported a range of between 30-46% of its customers coming from outside Denton. (fiat Items are exempt from the sales tax? Housing, medical services, prescription drugs, food at a grocery store, gasoline, automobiles, and most services are exempt from the sales tax. When will the property tax reduction and half cent sales tax increase go into effect? If a majority of the voters approve this measure, the half cent sales tax increase will be effective October It 1994. Property taxes due on January 31, 1995, will be rolled back. How does Denton's property tax rate and sales tax rate coWpare with surrounding communities? Denton's property tax rate is one of the highest in the metroplex becausa of the large amount of tax exempt property located in the City. By passing this measure, Denton's tax rate would be much closer to the tax rates of other metroplex cities. Denton's current sales tax rate is 7.25%. Dallas and other cities served by Dallas Area Rapid Transit have sales tax rates of 8.251. If this proposal is adopted, Denton's new rate will be 7.75%. Who benefits from this proposal? Everyone who owns property in Denton will benefit from a reduction in property taxes. In all likelihood, renters will not benefit directly from the property tax reduction. However, University of North Texas Economist Bernard Weinstein noted that landlords may hold down future rent increases since their costs have gone down. Also, the City Council has pledged to study ways to reduce electric utility rates for low income citizens as part of the 1994-95 budget process. Why In the Citizens' Sales Tax Advisory Committee in favor of this proposal? The Citizens' Sales Tax Advisory Committee, made up of 15 citizens, studied this issue for several months. After talking with other cities that have adopted this proposal, the committee overwhelmingly supported the proposal as a way to reduce property taxes and shift part of the cost of city services to non-residents that use the city's services. Also, a lower property tax rate is d expected to help Denton's competitiveness with other cities in attracting new businesses and retaining current businesses. The committee also discovered that over the last five years, the city's property tax base has been declining which has driven the tax rate higher to get an equal amount of revenue. During that same time period, sales tax revenues have continued to go up. As Dr. Bernard Weinstein's study noted, the sales tax provides a more stable, long term revenue source in the face of decreasing property values since sales tax revenues are expected to grow more rapidly than the property tax base. What happens if more sales tax revenues are collected than are estimated? By State law, for the first three years that the increased sales tax is in effect, any excess revenue may be used only if other City revenues fall short of budget projections. The fourth year and every year after that, any excess sales tax revenues must be used for early debt retirement as required by State law. How many other cities and counties in Texas have adopted this additional sales tax to reduce the property tax? Approximately 189 cities and 112 counties have adopted this proposal, including such cities as Mesquite, Bryan, and Hillsboro; and the counties of Cooke, Wise, and Brazos. Why wasn't this proposed before? The Texas Legislature changed the law in May 1993 which allowed Denton and other cities like it to adopt this optional sales tax to reduce the property tax. What type of vote is required to support this proposal? A simple majority vote of citizens in this election will increase the sales tax and reduce the property tax rate. Where are the polling places and when can i vote? Polls are open on election day, January 15, 1994, from 7:00 a.m. to 7100 p.m. at the following locationss District 1 - Martin Luther King, Jr. Recreation Center, 1300 Wilson District 2 - Fire Station No. 4, 2110 Sherman District 3 - North Lakes Recreation Center, 2001 W. Windsor District 4 - Denia Recreation Center, 1001 Parvin Early voting will be from December 271 1993, to January 11, 1994, at City Hall from 8:00 a.m. to S OO p.m. Saturday early voting will be at City Hall from 10:00 a.m. to 3:00 p.m. on January 8. r e b:Naettle.ord 11,W) OUT FROM AIEF;ING OF 12/7/93. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTHORI- ZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT IN THE MATTER OF ROEBUCK. ET AL V CITY OF DFNTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: =T10 --j. That the City Manager is hereby authorized to exe- cute a Compromise Settlement Agreement in the matter of Roebuck, et al. v. Ci y o De t~*+, providing for the settlement and compromise of the litigation now pending between and among the parties in the 16th District Court, Denton County, Texas, Cause No. 92-10504-16, in substantial accordance with the terms of the proposed Compromise Settlement Agreement and Agreed Judgment attached hereto as Exhibit A, or in such form as approved by the City Manager and City Attorney. SECTION Ii. That this ordinance shall become effective immedi- ately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BY$ I 7 . CAUSE NO. 92-10504-16 CHARLES L. ROEBUCK, CHARLES S IN THE DISTRICT COURT OF DILLARD, THOMAS ROBERT LITTLE S DAVID L. NEWMAN, JR., MONTY M. S COLE, DAVID M. BROWN, MARK S MASON AND DAVID FRUTH, S Plaintiffs S DENTON COUNTY, TEXAS 5 VS. S S CITY OF DENTON, TEXAS, S Defendant S 16TH JUDICIAL DISTRICT AGREED JUDGMENT Upon the decision of the parties in this action to compromise and settle all matters made the basis of this lawsuit, the Court ORDERS, ADJUDGES AND DECREES that the Agreed Judgment is hereby GRANTED in accordance with the terms and conditions of the Compro- mise Settlement Agreement entered by all parties as follows: 1. Subject to the other terms of this Agreed Order, DENTON will select two fire fighter recruits from the following list of candidates in the order shown, to be hired effective January 24, 1994: 1. Charles Lee Roebuck 2. Mark Masan 3. Charles R. Dillard 4. Glen C. Johnson 5. Rick M. Barron 6. David W. Brown 7. Thomas R. Little It is understood and agreed that the placement of the above persons on this list shall not establish a precedent binding the parties regarding future eligibility lists for entry level positions in the Denton Fire Department. 2. As a condition of selection, each candidate listed in paragraph one shall complete a Denton Fire Department personal his- tory statement, which must be received by December 6, 1993, and swear to an affidavit stating that, to the best of the candidate's knowledge, the candidate has no entries on his computerized crimi- nal history, less than three entries within the last three years on his driving history, and that he has a credit history which re- flects that he has met and is satisfactorily meeting his financial obligations. Any candidate who fails to submit his completed per- sonal history statement and affidavit prior to December 6, 1993 AGREED JUDGMENT - PAGE I r shall not be considered for selection, and DENTON shall have no further obligation to that individual candidate. 3. The parties understand and agree that there are candi- dates on the above candidate list who are not Plaintiffs to this cause of action, and that the selection of two entry-level fire fighter recruits will not necessarily be limited to the Plaintiffs to this cause of action. 4. It is understood that each candidate who accepts an entry-level fire fighter recruit position will be required to again submit to, complete, and pass all physical agility tests, back- ground tests, medical examinations, psychological examinations, and other tests required of entry-level fire fighter recruits by the Denton Fire Department. However, no Plaintiff will be rejected because he or she has reached the age of 36 during the pendency of this lawsuit. 5. It is further understood and agreed that all candidates selected from the above candidate list shall commence a one-rear probationary period on the date hired, and shall not enjoy any retroactive benefit, including, but not limited to, back wages, seniority, pension accrual, sick leave accrual, vacation accrual, or civil service protection. The parties understand and agree that this Agreed Judgment creates no employment rights other than as specifically stated herein or provided by State law. 6. If any candidate on the above candidate list declines an entry-level fire fighter recruit position for any reason, DENTON will have no further obligation with regard to that individual candidate. 7. The parties understand and recognize that there is insuf- ficient time to properly screen each candidate prior to selection, and DENTON will be making selections based upon information provi- ded by each candidate. If DENTON subsequently determines through investigation that any candidate's criminal, traffic, or credit history reveals detrimental information which is deemed to be below the standards of the Denton Fire Department, DENTON shall have the option to terminate the candidate with no further obligation, and select the next listed candidate meeting all requirements for selection under this Agreed Order. s. DENTON will seek implementation of a local rule prohibit- ing the use of prior certifiability as a basis for passing over entry-level fire fighter recruits, unless established as a hiring criterion or subsequently authorized by State law. 9. Should DENTON continue to use prior certifiability as basis for breaking ties among entry-level recruits, the Texas State Association of Fire Fighters ("TSAFF") and the Denton Fire Fighter AGREED JUDGMENT - PAGE 2 Association ("DFFA") agree not to sponsor or initiate any legal challenge to this practice. 10. Should D£NTON choose to implement a local rule establish- ing certifiability as a qualification for entry level fire figh- ters, TSAFF and DFFA agree not to sponsor or initiate any legal challenge to this practice. 11. In consideration of the covenants made herein, TSAFF and DFFA agree not to sponsor or initiate any legal challenge to the terms or operation of this Agreed Judgment on behalf of any appli- cants on the currently existing fire fighter recruit eligibility list not chosen for entry level positions by virtue of the remedial actions agreed to and prescribed herein. 12. DENTON will make reasonable efforts to comply with the requirements of the Fire Fighters$ and Police Officers' Civil Service Act, Tex. Loc. Gov't Code Chap. 143, in selecting future candidates from eligibility lists created for entry-level positions in the Denton Fire Department. 13. In exchange for the consideration provided herein, Plaintiffs will release, indemnify and defend DENTON from any and all claims, losses and liability which Plaintiffs have or may have arising out of the facts giving rise to this lawsuit, and agree to hold DENTON harmless from any consequence arising out of this lawsuit. 14. It is understood and agreed that this Agreed Judgment contains the entire agreement between the parties and supersedes any and all prior agreements, judgments, arrangements, or under- standings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreed Judgment exist. This Agreed Judgment cannot be changed or terminated orally. 15. It is understood that this Agreed Judgment shall be qov- erned by, construed, and enforced in accordance with and subject to the laws of the State of Texas. 16. It is understood and agreed that this Agreed Judgment shall be effective immediately upon its execution and shall be binding upon and inure to the benefits of the parties and their respective heirs, representatives, successors, and assigns. 17. The Parties and the Court acknowledge that as of the date of this Agreed Judgment, an entry-level eligibility list currently exists for entry level fire fighter recruit vacancies in the Denton Fire Department, that the two individuals hired pursuant to this Agreed order will fill two vacancies which may oti.arwise have been filled by individuals on the current eligibility list, and that any right inuring to the benefit of any person on the current entry- AGREED JUDGMENT - PAGE 3 i level eligibility list to these vacancies under state law is pre- empted to the extent inconsistent with this Agreed Judgment. All other relief not expressly granted herein is DENIED. SIC-NED, this the day of December, 1993. HON. JOHN NARSUTIS, JUDGE PRESIDING APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, B. CRAIG DEATS, CITY ATTORNEY ATTORNEY OF RECORD FOR PLAINTIFFS AND ON BEHALF OF TEXAS ASSOCIATION OF FIRE FIGHTERS AND DENTON FIRE FIGHTERS ASSOCIATION i BY. BY: E I i i AGREED JUDGMENT - PAGE 4 s` i CAUSE NO. 92-10504-16 CHARLES L. ROEBUCK, CHARLES S IN THE DISTRICT COURT OF DILLARD, THOMAS ROBERT LITTLE S DAVID L. NEWMAN, JR., MONTY M. S COLE, DAVID M. BROWN, MARK S MASON AND DAVID FRUTH, S Plaintiffs S DENTON COUNTY, TEXAS S VS. s s CITY OF DENTON, TEXAS, S Defendant S 16TH JUDICIAL DISTRICT COMPROMISE BETTLZMENT AGREEMENT This Agreement is by and between Charles L. Roebuck, Charles Dillard, Thomas Robert Little, David L. Newman, Jr., Monty M. Cole, David M. Brown, Mark Mason and David Fruth, hereinafter referred to as "Plaintiffs"; and the City of Denton, Texas, hereinafter referred to as "Defendants"; and contains covenants by the Denton Fire Fighters Association and the Texas State Fire Fighters Association. WHEREAS the individual Plaintiffs applied for and competed for entry level positions in the Denton Fire Department; and WHEREAS the individual Plaintiffs received passing grades on the civil service examination and were placed on an eligibility list for entry level positions in the Denton Fire Department in accordance with the provisions of the Fire Fighters' and Police Officers' Civil Service Act, TEXAS LOCAL GOVERNMENT CODE Chapter 143; and WHEREAS the Defendant filled two entry level positions by selecting candidates ranked lower on the eligibility lists than were Plaintiffs; and WHEREAS partial summary judgment was had in the 16th District Court on November 5, 1993, in favor of the Plaintiffs, finding that Defendant violated State law in filling the two positions; and WHEREAS bona fide disputes and controversies exist between the parties, both as to liability and the amount thereof, if any, and by reason of such disputes and controversies the parties hereto desire to compromise and settle all claims and causes of action of any kind, whatsoever, which Plaintiffs have or may have in the future arising out of or in connection with the above described controversy, and intend that the full terms and conditions of the COMPROMISE SETTLEMENT AGREEMENT - PAGE 1 a P E compromise and settlement be set forth in this compromise Settle- ment Agreement; NOS90 THEREFORE, in consideration of the mutual promises and agreements contained herein, including the recitals set forth hereinabove, the parties agree as follows: 1. Subject to the other terms of this agreement, DENTON will select two fire fighter recruits from the following list of candi- dates in the order shown, to be hired effective January 24, 1994: 1. Charles Lee Roebuck 2. Mark Mason 3. Charles R. Dillard 4. Glen C. Johnson 5. Rick M. Barron 6. David W. Brown 7. Thomas R. Little It is understood and agreed that the placement of the above persons on this list shall not establish a precedent binding the parties regarding future eligibility lists for entry level positions in the Denton Fire Department. 2. As a condition of selection, erch candidate listed in paragraph one shall complete a Denton Fire Department personal his- tory statement, which must be received by December 6, 1993, and swear to an affidavit stating that, to the best of the candidate's knowledge, the candidate has no entries on his computerized crimi- nal history, less than three entries within the last three years on his driving history, and that he has a credit history which re- flects that he has met and is satisfactorily meeting his financial obligations. Any candidate who fails to submit his completed per- sonal history statement and affidavit prior to December 6, 1993 shall not be considered for selection, and DENTON shall have no further obligation to that individual candidate. 3. The parties understand and agree that there are candi- dates on the above candidate list who are not Plaintiffs to this cause of action, and that the selection of two entry-level fire fighter recruits will not necessarily be limited to the Plaintiffs to this cause of action. 4. It is understood that each candidate who accepts an entry-level fire fighter recruit position will be required to again submit to, complete, and pass all physical agility tests, back- ground tests, medical examinations, psychological examinations, and other tests required of entry-level fire fighter recruits by the Denton Fire Department. However, no Plaintiff will be rejected because he or she has reached the age of 36 during the pendency of this lawsuit. COMPROMISE SETTLEMENT AGREEMENT - PAGE 2 i J 5. It is further understood and agreed that all candidates selected from the above candidate list shall commence a one-year probationary period on the date hired, and shall not enjoy any retroactive benefit, including, but not limited to, back wages, seniority, pension accrual, sick leave accrual, vacation accrual, 'ir civil service protection. The rarties understand and agree that this Compromise Settlement Agreement creates no employment rights other than as specifically stated herein or provided by State law. 6. If any candidate on the above candidate list declines an entry-level fire fighter recruit position for any reason, DENTON will have no further obligation with regard to that individual candidate. 7. The parties understand and recognize that there is insuf- ficient time to properly screen each candidate prior to selection, and DENTON will be making selections based upon information provi- ded by each candidate. If DENTON subsequently determines through investigation that any candidate's criminal, traffic, or credit history reveals detrimental information which DENTON deems to be below the standards of the Denton Fire Department, DENTON shall have the option to terminate the candidate with no further obliga- tion, and select the next listed candidate meeting all requirements for selection under this Compromise Settlement Agreement. 8. DENTON will seek implementation of a local rule prohibit- ing the use of prior certifiability as a basis for passing over entry-level fire fighter recruits, unless established as a hiring criterion or subsequently authorized by State law. 9. Should DENTON continue to use prier certifiability as a basis for breaking ties among entry-level recruits, the Texas State Association of Fire Fighters ("TSAFF") and the Denton Fire Fighters Association ("DFFA"), in consideration of the covenants made herein, agree not to sponsor or initiate any legal challenge to this practice. 10. Should DENTON choose to implement a local rule establish- ing certifiability as a qualification for entry level fire figh- ters, TSAFF and DFFA, in consideration of the covenants made herein, agree not to sponsor or initiate any legal challenge to thin practice. 11. In consideration of the covenants made herein, TSAFF and DFFA agree not to sponsor or initiate any legal challenge to the terns or currently Settlement ie applicants h on the Compromise exiting fire behalf of a fighter by recruit eligibility bremedial list actins agreed to and prescribed s herein. virtue of t 12. DENTON will make reasonable efforts to comply with the requirements of the Fire Fighters' and Police Officers' Civil Ser- COMPROMISE SETTLEMENT AGREEMENT - PAGE 3 vice Act, 'Pax. Loc. GoV1t Code Chap, 1431 in selecting future can- didates from eligibility lists created for entry-level positions in the Denton Fire Department, 13. In exchange for the consideration provided herein, Plaizi- tiffs will release, indemnify and defend DENTON from any and all claims, losses and liability which Plaintiffs have or may have arising out of the facts giving rise to this lawsuit, and agree to hold DENTON harmless from any consequence arising out of this law suit. 14. It is understood and agreed that this Compromise Settle- ment Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, judgments, arrange- ments, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Compromise Settlement Agreement exist, This Compromise Settlement Agreement cannot be changed or terminated orally. 15. It is understood that this Compromise Settlement Agree- went shall be governed by, construed, and enforced in accordance with and subject to the laws of the State of Texas. 16. It is understood and agreed that this Compromise Settle- ment Agreement shall be effective immediately upon its execution and shall be binding upon and inure to the benefits of the parties and their respective heirs, representatives, successors, and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day of r 1993• char es L. Roe uc Monty M. Cole Charles Dillard David M, Brown Thomas Robert Little Mar Mason David L. Newman, Jr. David Prut ' I COMPROMISE SETTLEMENT AGUE1ICNT - PAGE 4 TEXAS %.Y Mya' TEXAS STATE ASSOCIATION OF DENTON FIRE FIGHTERS ASSOCIATION FIRE FIGHTERS By: By: Title: Titles CITY OF DENTONe TEXAS By: Title: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, B. CRAIG DEATS, CITY ATTORNEY ATTORNEY OF RECORD FOR PLAINTIFFS AND ON BEHALF OF TEXAS STATE ASSOCIATION OF FIRE FIGHTERS AND DENTON FIRE FIGHTERS ASSOCIATION BY: BY:_-_- COMPROMISE SETTLEMENT AGREEMENT - PACE 5 I I THE STATE OF TEXAS $ COUNTY OF DENTON g i BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Lloyd V. Harrell, known to me to be the person who executed the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed; that he executed the same as his free and voluntary act and deed after having it fully explained to him, and after having read it fully, and after realizing the effect thereof to be a mutual release between and among the City of Denton, Texas, Charles L. Roebuck, Charles Dillard, Thomas Robert Newman MaLittlsoneatndDaDavidvid h, forrtheMlimited matter David or i thing Bdeailt with in the foregoing instrument; and that the same was executeI by him without any threat, force, fraud, duress, or representation of any kind by any person whomsoever] and that Lj had the legal authority to bind the City of Denton, Texas to such an agreement; and that at the time of execution of the release, Lloyd V. Harrell waa com- pletely sober, sane, and capable of understanding the character of his acts and deeds and was in complete charga of all of his facul- ties and capable of executing this instrument and of understanding the significance of his acts. GIVEN under my hand and seal of office this the 1993, day of Notary public, state of Texas COMPROMISE SETTLEMENT AGREEMENT - PAGE 6 i THE STATE OF TEXAS S COUW'Y OF DENTON S BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Charles L. Roebuck, known to me to be the person who executed the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed) that he executed the same as his free and voluntary act and deed after having it fully explained to him, and after having read it fully, and after realizing the effect thereof to be a mutual release between and Dillard ,Thomas Robert Little, David L. Newman,~~Jr.OeMonty M. Cole, David M. Brown, Mark Mason and David Fruth, for the limited matter or thing dealt with in the foregoing instruments and that the same was executed by him without any thrat$ force, fraud,aduress; at representation of any kind by any person the time of execution of the release, Charles L. Roebuck was completely sober, sane, and capable of understanding the character of his acts and deeds and was in complete charge of all of his is instrument and of under- faculties andscapable significance of his acts day of standing t GIVEN under my hand and seal of office this the 1993. i Notary Public, State of Texas COMPROMISE SETTLEMENT AGREEMENT - PAGE ? fi THE STATE OF TEXAS $ COUNTY OF DENTON $ BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this clay personally appeared Charles Dillard, known to me to be the person who executed the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed; that he executed the same as his free and voluntary act and deed after having it fully explained to him, and after having read it fully, and after realizing the effect thereof to be a mutual release between and among the City of Denton, Texas, Charles L. Roebuck, Charles Dillard, Thomas Robert Little, David L. Newman, Jr., Monty M. Cole, David M. Brown, Mark Mason and David Fruth, for the limited matter or thing dealt with in the foregoing inutrumentp and that the same was executed by him without any threat, force, fraud, duress, or representation of any kind by any person whomsoever) and that at the time of execution of the release, Charles Dillard was completely sober, sane, and capable of understanding the character of his acts and deeds and was in complete charge of all of his faculties and capable of executing this instrument and of understanding the significance of his acts. GIVEN under my hand and seal of of:ice this the day of 1993. Notary Public, State of Texas COMPROMISE SETTLEMENT AGREEMENT - PAGE 0 I THE STATE OF TEXAS S COUNTY OF DENTON S BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Thomas Robert Little, known to me to be the person who executed the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed; that he executed the same as his free and voluntary act and deed after having it fully explained to him, and after having read it fully, and after realizing the effect thereof to be a mutual release between and among the City of Denton, Texas, Charles L. Roebuck, Charles Dillard, Thomas Robert Little, David L. Newman, Jr., Monty M. Cole, David M. Brown, Mark Mason and David Fruth, for the limited matter or thing dealt with in the foregoing instruments and that the same was executed by him without any threat, force, fraud, duress, or representation of any kind by any person whomsoever; and that at the time of execution of the release, Thomas Robert Little was completely sobar, sane, and capable of understanding the character of his acts and deeds and wvs in complete charge of all of his faculties and capable of executing this instrument and of under- standing the significance of his acts. GIVEN under my hand and seal of office this the day of 1993. Notary Public, State of Texas COMPROMISE SETTLEMENT AGREEMENT - FAGS 9 P THE STATE OF TEXAS S COUNTY OF DENTON S BEFORE ME, the unders',gned, a Notary Public in and for said County and state, on this day personally appeared David L. Newman, Jr., known to me to be the per;.on who executed the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed; that he executed the same as his free and voluntary act and deed after having it fully explained to him, and after having read it fully, and after realizing the effect thereof to be a mutual release between and among the City of DW;oo I Texas, Charles L. Roebuck, Charles Dillard, Thomas Robert Little, David L. Newman, Jr., Monty M. Cole, David M. Brown, Mark Mas,)n and David Fruth, for the limited matter or thing dealt with in the foregoing instrument; and that the same was executed by him without ary threat, force, fraud, duress, or representation of any kind by any person whomsoever; and that at the time of execution of the release, David L. Newman, Jr. was completely sober, sane, and capable of understanding the character of his acts and deeds and was in complete charge of all of his faculties and capable of executing this instrument and of under- standing the significance of his acts. GIVEN under my hand and seal of office this the day of 1993. Notary Public, State of Texas COMPROMISE SETTLEMENT AGREEMENT - PACE 10 THE STATE OF TEXAS S COUNTY OF DENTON S BEFORE ME, the undersigned, a Notary Public in and fur said county and State, on this day personally appeared Monty M. Cole, known to me to be the person who executed the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed; that he executed the name as his free and voluntary act and deed after having atter fully expngined to him, and after having read it fully, a the effect thereof to be a mutual release between and among the City of Denton, Texas, Charles L. Roebuck, Charles Dillard, Thomas Robert Little, David L. Newman, Jr., Monty M. Cole, David M. Brown, Mark Mason and David Fruth, for the limited matter or thing dealt with in the foregoing instrument) and that the same was executed by him without any threat, force, fraud, duress, or representation of any kind by any person whomsoever; and that at the time of execution of the release, Monty M. Cole was completely sober, sane, and capable of understanding the character of his acts and deeds and was in complete charge of all of his faculties and capable of executing this instrument and of understanding the significance of his acts. GIVEN under my hand and seal of office this the day of 1993. Notary Public, State of Texas COMPROMISE SETTLEMENT AGREEMENT - PAGE 11 THE STATE OF TEXAS S COUNTY OF DENTON S BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared David M. Brown, known to me to be the person who executed the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed that he executed the same as his free and voluntary act and deed after having it fully explained to him, and after having read it fully, and after realizing the effect thereof to be a mutual release between and among the City Of Denton, Texas, Charles L. Roebuck, Charles Dillard, Thomas Robert Little, David L. Newman, Jr., Monty M. Cole, David M. Brown, Mark Mason and David Fruth, for the limited matter or thing dealt with in the foregoing instruments and that the same was executed by him without any threat, force, fraud, duress, or representation of any kinrl by any person whomsoever) and that at the time of execution of the release, David M. Brown was completely sober, sane, and capable of understanding the character of his acts and deeds and was in complete charge of all of his faculties and capable of executing this instrument and of understanding the significance of his acts. GIVEN under my hand and seal of office this the day of 1993. Notary Public, State of Texas COMPROMISE SETTLEMENT AGREEMENT PAGE 12 8 THE STATE OF TEXAS $ COUNTY OF DENTON $ BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Mark Mason, known to me to be the person who executed the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed; that he executed the same as his free and voluntary act and deed after having it fully explained to him, and after having read it fully, and after realizing the effect thereof to be a mutual releasa between and among the City of Denton, Texas, Charles L. Roebuck, Charles Dillard, Thomas Robert Little, David L. Newman, Jr., Monty M. Cole, David M. Brown, Mark Mason and David Fruth, for the limited matter or thing dealt with in the foregoing instrumentl and that the same was executed by him without any threat, force, fraud, duress, or representation of any kind by any person whomsoever; and that at the time of execution of the release, Mark Mason was completely sober, sane, and capable of understanding the character of his acts and deeds and was in complete charge of all of his faculties and capablo of executing this instrument and of understanding the significance of his acts. GIVEN under my hand and seal of office this the _ day of 1993. Notary Public, State of Texas COMPROMISE SETTLEMENT AGREEMENT - PAGE 13 s ,v THE STATE OF TEXAS S COUNTY OF DENTON S BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared David Fruth, known to me to be the person who executed the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressedi that he executed the same as his free and voluntary act and deed after having it fully explained to him, and after having read it fully, and after realizing the effect thereof to be a mutual release between and among the City of Denton, Texas, Charles L. Roebuck, Charles Dillard, Thonas Robert Little, David L. Newman, Jr., Monty M. Cole, David M. Brown, Mark Mason and David Fruth, for the limited matter or thing dealt with in the foregoing instrument= and that the same was executed by him without any threat, force, fraud, duress, or representation of any kind by any person whomsoever= and that at the time of execution of the release, David Fruth was completely sober, sane, and capable of understanding the character of his acts and deeds and was in complete charge of all of his faculties and capable of executing this instrument and of understanding the significance of his acts. GIVEN under my hand and seal of office this the day of 1993. Notary Public, State of Texas COMPROMISE SETTLEMENT AGREEMENT - PAGE 14 i I k s . THE STATE OF TEXAS $ COUNTY OF DENTON $ BEFORE ME$ the undersigned, a Notary Public in and for said County and state, on this day personally appeared , on behalf of the Texas State Assoc at own 'of forcg i g instrumentnand to me to be acknowledged htopmeston w hat he executed the same for the purposes and consideration therein expressed; that he executed the same as his free and voluntary act and deed after having it fully explained to him, and after having read it fully, and after realizing the effect thereof to be a mutual release between and among the City of Denton, Texas, Charles L. Roebuck, Charles Dillard, Thomas Robert Little, David L. Newman, Jr., Monty Hi Cole, David M. Brown, Mark Mason and David Fruth, for the lmited matter or thing dealt with in the foregoing instrument; and that the same was executed by him without any threat, force, fraud, that he hadrthe legal authority to bind the Texas State Association of Fire Fighters to such an agreement; and that at the time of execution of the release, of the Texas State Associat on of F re F gght was completely on ehalf sober, sane, and capable of understanding the character of his acts and deeds and was in complete charge of all of his faculties and capable of executing this instrument and of understanding the significance of his acts. GIVEN under my hand and seal of office this the 1993, day of Notary Public, State of Texas COMPROMISE SETTLEMENT AGREEMENT - PAOE 15 ydT THE STATE OF TEXAS $ COUNTY OF DENTON S BEFORE ME, the undersigned, a Notary Public in and for said appeared County and State, on this day f of the De nton on behalf Fire F ghters Assoc known to me to be the person who executed the foregoing instrument and acknowledged tolne that he executed the same for the purposes and consideration therein exprsssed; that he executed the same as his free and voluntary act and deed after having and after explained to him, and after having read it fully, realizing the effect thereof to be a mutual release between and among the City of Denton, Texas, Charles L. Roebuck, Charles Dillard, Thomas Robert Little, David L. Newman, Jr., Monty M. Cole, David M. Brown, Mark Mason and David Fruth, for the limited matter or thing dealt with in the foregoing instrument; and that the sar.a was executed by him without any threat, force, fraud, duress, or representation of any kind by any person whomsoever; and that he had the legal authority to bind the Denton Fire Firghters Associa- tion to such an agreement; and that at the time of execution of the release, , on behalf of the Denton Fire Fighters Assoaiat on, was completely sober, sane, and capable of understanding the character of his acts and deeds and was in this instrumengt and of undof his erstanding the significance of his acts. GIVEN under my hand and seal of office this the day of 1993. Notary Public, State of Texas COMPROMISE SETTLEMENT AGREEMENT - PAGE 16 I DECEMBER 1993 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 7 AM 3 4 T Comm. Mtg. JJ 5 6 7 Committee 8 9 7 AM 10 6145 a.m. 11 Update to Comm. Mtg. Chamber PR City PR 8 AM pR Breakfast Council Press Conference Utility ODAC Insert J. Alford begins 12 J Letters to 13 14 Rotary 15 16 7 AM 17 HCA Board 18 the Ec'itor South Tentative B. #-/Week S. Woerner Comm. Mtg. Patterson 19 Letters to 21 22 23 Noon 24 25 the Editor 20 Rotary y 9_/Week PR 26 Letters to 27 Early 28 Noon 29 30 31 the Editor Voting Xiwanis 1 /Week Begins Taping of MailLng to Linnle Early McAdams w Voting cable tv List show press a ease NOTEi Need to insert Advertising Days { JANUARY 1994 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 2 Letters to 3 Submit 1 5 600 AM 6 7 AM 7 8 Early the Editor Guest Breakfast Tentative Voting 1 -/week Columnist Riwanis Comm. Mtg. pr Mayor D. Bulls 2nd Tarjet Hailing _1 4 Letters to 10 11 Early 12 Noon 13 14 15 ELECTION the Editor Voting Leadership # -/Week Ends PR Denton PR PR 16 17 18 V 19 20 21 22 PR 23 24 25 26 27 28 29 30 31 Prove a ease NOTEt Need to insert Advertising Days