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Home My WebLink AboutNovember 27, 2001 Agenda ~ AGENDA ~t~e,~lda Item_ __ CITY OF DENTON CITY CO~CIL ~a~o_~~ November 27, 2001 After detem~mng ~at a quo~ ~s present ~d convemng in ~ Open Meeting, the City Co~cfl will convene in a Closed Meeting of~e City of Demon Cl~ Co~cfl on Tuesday, November 27, 2001 at 5,15 p m m the C~ty of Denton Co~cll Work Session Room, Denton C~ty Hall, at 215 East McK~ey, Denton, Texas to consider specific items when these items ~e hsted below ~der the~ Closed Meeting section of ~ls agenda ~en ~tems for consideration ~e not hsted ~der the Closed Meeting section of ~e agenda, the City Council will not conduct a Closed Meeting gt 5 15 p m ~d will convene at ~e time hsted below for ~ts regul~ or special called meeting i~e C~ty Council rescues the right to adjourn into a Closed Meeting on ~y item on its Open Me,etmg agenda consistent wl~ Chapter 551 of~e Texas Gove~ent Code, as mended, as set fo~h below 1 Closed Meeting Dehberat~ons reg~dmg re~ prope~y---Under TEXAS GOVE~MENT CODE Seetaon 272 001 ~d Consultation with the City A~omey---Under TEXAS GOVE~MENT CODE Seeaon 272 001 (1) Dehberate ~e p~ehase ~d value of real prope~y interests for ~mnage p~oses in the B B B & C RR S~ey, Abstract No 186 ~d being ~ approximate 1 16 acre ~aet located m the City of Denton, Denton Cowry, Texas, located about 420 feet south of the antersectlon of Windsor Drive & No~h Locust S~eet, east s~de of road, which acqmsit~on is for a pubhc p~ose Receive legal advise from the City A~omey or his s~ff concerning legal issues reg~&ng the aeqmsmon of such real prope~y ~nterest B Deliberations reg~dmg economic development negotmtlons---Under TE~S GOVE~MENT CODE Section 551 086 (1) Discuss ~d dehberate reg~dmg commercial or financial relocation that ~e City Council has received from Denton Crossang P~ers, Inc, a business prospect w~th whom the C~ty Co~cfl is conducting economic development negotmt~ons reg~&ng the locaI~on of businesses m the City on ~ approximate 52 acre p~eel of l~d generally located at the southwest comer of Loop 288 ~d Spencer Road ~d the dehberatlon of an offer of a tin.cml or other ~neent~ve to such bus~ness prospect C Consultation with A~omey - Under TE~S GOVE~MENT CODE Section 551 071 (1) Discuss ~d consider s~ategy, status, ~d possible se~lement of htlgatlon ~th the Cl~'s attorneys in htagauon styled C~F of Denton, et al v TXU Electrw Company, et al, Cause No 009383 cu~ently pending in ~e 134th D~stnct Co~ of D~las Cowry, Texas, ~d &scuss leg~ issues concerning th~s lmgauon wah the attorneys where to discuss these matters in pubhe would conflict wl~ ~e duty of the Cny's a~omeys to ~e City Co~efl under ~e Texas Dlscaphn~ Rules of Professional Conduct of ~e State B~ of Texas C~ty ofD~nton C~ty Councd Agenda November 27, 2001 Page 2 ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD 1N COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN 1N THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551 086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION") THE CITY COLrNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX GOV'T CODE, §§551 001, ET SEQ (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE 1N A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §§551 071-551 086 OF THE TEXAS OPEN MEETINGS ACT Regular Meeting of the C~ty of Denton C~ty Councd on Tuesday, November 27, 2001 at 6 00 p m ~n the Council Chambers at C~ty Hall, 215 E McK~nney Street, Denton, Texas at whmh the following ~tems w~ll be considered 1 Pledge of Allegmnce A U S Flag B Texas Flag "Honor the Texas Flag -- I pledge allegmnce to thee, Texas, one and ~nd~ws~ble" PROCLAMATIONS/PRESENTATIONS 2 Proclamations A World A~ds Day B Pohce Apprecmt~on Day 3 Recognlt~on of staff accomphshments CITIZEN REPORTS 4 Peternm Washington regarding perseverance and perceptions of the Cotmcd 5 Ross Melton regarding Mummpal Court CONSENT AGENDA Each of these ~tems ~s recommended by the Staff and approval thereof wdl be smctly on the bas~s of the Staff recommendations Approval of the Consent Agenda authorizes the C~ty Manager or h~s designee to ~mplement each ~tem ~n accordance wxth the Staff recommendations The C~ty Councd has received background ~nformat~on and has had an opportunity to rinse questions regarding these ~tems prior to consideration Lxsted below are b~ds, purchase orders, contracts, and other ~tems to be approved for payment under the Consent Agenda (Agenda Items 6-25) Th~s hst~ng ~s provided on the Consent Agenda to allow Councd Members to &scuss or withdraw an ~tem prior to approval of the Consent Agenda If no xtems are pulled, Consent Agenda Items 6-25 below will be approved wxth one motion If ~tems are pulled for separate d~scussmn, they wall be considered as the first aems followxng approval of the Consent Agenda City of Denton City Council Agenda November 27, 2001 Page 3 6 Consider approval of the m~nutes of October 23, October 30, November 5, and November 6, 2001 7 Consider a request for an exception to the Noise Ordinance for the purpose of a holiday celebration/neighborhood block party to be held on December 8, 2001 between the hours of 5 PM and 9 PM at the 3100 block of Old North Road to the comer of Old North and Windsor 8 Consider adoption of an ordinance authorizing the Mayor to execute an lnterlocal eooperaUon agreement between the City of Denton, Texas, and the C~ty of Ponder, · for the ~m~oundment and d~sposltlon of dogs and cats and the collecuon of fees Texas~ - - ~ ~--~ .... ement and ~rowdlng for an effective date pursuant to tlae provisions ot ~mu a~,~ , ~ 9 Consider adoption of an ordinance authorizing the Mayor to execute an lnterlocal cooperation agreement between the City of Denton, Texas, and the C~ty of Roanoke, for the lmnoundment and d~spos~tlon of dogs and cats and the collection of fees Texas, ,- - -~' ea~d a~,ree t and nrovldlng for an effective date pursuant to me provisions ut ..... =- men, f 10 Consider adoption of an ordinance authorizing the Mayor to execute an lnterlocal cooperation agreement between the City of Denton, Texas, and Denton County for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the prowslons of said agreement, and provl&ng for an effective date 11 Consider adoption of an ordinance prowdlng for the expenditure of funds for the emergency purchase of security fencing ~n accordance with provisions of State law exempting such purchases from requirements of competitive bidding, and providing an effective date (Purchase Order 101196 to Hurricane Fence Co in the amount of $27,702) 12 Consider approval of a resolution to declare the intent to reimburse expenditures from the unreserved retained earnings of the Wastewater fund with proceeds from revenue bonds and provide an effective date 13 Consider adoption of an ordinance accepting competxuve bids and awarding a public works contract for the construction of the Pecan Creek Water Reclamation Plant Expansion, providing for the expenditure of funds therefor, and provld~ng an effective date (Bid 2734 - Pecan Creek Water Reclamation Plant Expansion awarded to Archer Western Contractors, Ltd lnthe amount of $16,930,000) 14 Consider adoption of an ordinance of the C~ty of Denton, Texas authorizing the C~ty Manager to execute a professional services agreement w~th Isbell Engineering Group, Inc for material testing services related to the Pecan Creek Water Reclamation Plant Expansion project, authorizing the expenditure of funds therefor, and provl&ng an effective date 15 Consider adoption of an ordinance accepting competltxve b~ds and awarding a public works contract for the construction of a basketball court at North Lakes Park, providing for the expenditure of funds therefor, and providing an effective date (Bid 2739 - North Lakes Basketball Court awarded to Jones and Jeffrey Construcuon, Inc in the amount of $34,044) City of Denton C~ty Councd Agenda November 27, 2001 Page 4 16 Consider adoption of an ordinance accepting competitive b~ds and awarding a contract for the purchase of 138 KVA pole mounted sw~tches, provid~ng for the expenditure of funds therefor, and providing an effective date (B~d 2743 - 138 KVA Swatches awarded to Utthserve H~gh Voltage Group ~n the amount of $77,471 64) 17 Consider adoption of an ordinance accepting competlt~ve b~ds and awarding a contract for the purchase of pad mount 3 Phase Capamtor Banks, providing for the expenditure of funds therefor, and prowd~ng an effective date (B~d 2745 - 3 Phase Capacitor Banks awarded to Techhne, Inc an the estimated amount of $200,000) 18 Consider adoption of an ordinance accepting competitive b~ds and awarding a contract for the purchase of material and equipment for the Indusmal Street Substation, promdlng for the expenditure of funds therefor, and providing an effective date (B~d 2746 - Industrml Street Substation awarded to Utd~serve H~gh Voltage Group ~n the amount of $251,622) 19 Consider adoption of an ordinance accepting competitive b~ds and awarding an annual contract for the purchase of traffic signal masts, arms, and poles, prowthng for the expenditure of funds therefor, and prowd~ng an effective date (B~d 2752 - Traffic Signal Masts, Arms and Poles awarded to Pelto Products, Inc ~n the estamated total amount of $285,000) 20 Consider adoption of an ordinance accepting compeut~ve b~ds awarding an annual contract for the purchase of traffic signals and related hardware, prowd~ng for the expenditure of funds therefor, and prowd~ng an effecUve date (B~d 2751 - Traffic S~gnals and Related Hardware awarded as hsted ~n the estimated amount of $202,000) 21 Consider adoption of an ordinance of the C~ty of Denton, Texas amending section 28-27 of the code of ordinances to provide for the adoption of the 2000 International Bmld~ng Code, 2000 Intematmnal Residential Code for One and Two Family Dwelhngs, 2000 International Fuel Gas Code, 2000 International Plumbing Code, 2000 International Mechanical Code, and the 2000 International Energy Conservation Code, all pubhshed by the International Code Council, providing for amendments thereto, providing for a severabd~ty clause, repeahng all ordinances ~n conflmt therewith, and providing for an effective date 22 Consider adoption of an ordinance of the C~ty of Denton, Texas, amending Chapter 28 "Building and Budding Regulations" by amending Section 28-28(9)b, Table 2 New Commercial Bmld~ng Permit Fees, prowd~ng for the repeal of all ordinances that conflmt herewith, providing a severabfllty clause, prov~ding a savings clause, prowdmg for publication, and prowdmg for an effective date 23 Consider adoption of an ordinance of the Cay of Denton, Texas to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund w~th Certfficates of Obhgat~on so that a project more fully described an the attachment to th~s ordinance may be commenced, declaring an emergency and amending the 2001-2002 Capital Improvements Budget to allow the funding for the Spencer Road and I- 35/Bnnker Road Ramp project and prowd~ng an effective date C~ty of Degton City Council Agenda November 27, 2001 Page 5 24 Consider adoption of an ordinance anthonz~ng the Cay Manager to enter ~nto an agreement wah the American Somety of Composers, Authors and Pubhshers ( ASCAP ) to provide a license to perform publicly on prennses, events and funcuons non-dramaUc rendit~ons of separate musical composmons ~n the ASCAP repertory, and prow&ng an effective date 25 Consider adoption of an ordinance authorizing the C~ty Manager to execute a Professional Services Contingent Fee Agreement w~th the Strasburger & Price, L L P L L P Law F~rms to prosecute ht~gatmn styled The Ctty of and Sayles, Lldp & Werbner, th Denton, et al v TAU, et al, Cause No 009383, now pending ~n the 134 Judmial D~stnct Court of Dallas County, Texas, and to perform other legal servxces ~n accordance with that contingency contract, amending and replacing the current contract for professional legal services with Strasburger and Price, L L P, authorizing the expenditure of funds for expert witness fees and court costs, authorizing an assessment not to exceed $ 25 per capita to pay such costs, designating a liaison, and prowd~ng an effecuve date INDIVIDUAL CONSIDERATION/PUBLIC HEARINGS 26 Masch Branch Road Annexation a Consider adoption of an ordinance on second reading to ~nvoluntanly annex approximately 32 acres of land generally located along Masch Branch Road, south of Hampton Road and north of H~ghway 380, ~n the extraterraonal jurisdiction (ETJ) of the C~ty of Denton The Planmng and Zomng Commission recommends approval (6-0) (A01-0004) b Hold a pubhc hearing and consider adoption of an ordinance zomng approximately 32 acres of land generally located along Masch Branch Road, south of Hampton Road and north of Highway 380 to the Agriculture (A) zomng d~stnct classfficat~on The Planning and Zomng Commission recommends approval (5-1) (Z01-0005) 27 Hunter Ranch Annexation a Consider adoption of an ordinance on second reading to voluntarily annex approximately 2,194 acres of land generally located south of FM 2449, west of Interstate H~ghway 35W, north of Robson Ranch Road and part~ally east of the Robson Ranch Development and John Paine Road ~n the C~ty of Denton Extraterritorial Jurisdiction The Planmng and Zomng Comnnss~on recommends approval (7-0) (AOI-O005) b Hold a pubhc hearing and consider adoption of an ordinance zomng approximately 2,194 acres of land generally located south of FM 2449, west of Interstate Highway 35W, north of Robson Ranch Road and parttally east of the Robson Ranch Development and John Prone Road to the Agriculture (A) zomng d~stnct classification Gas wells are proposed The Plannmg and Zomng Comm~sslon recommends approval (7-0) (Z01-0008) C~ty of Degton Caty Council Agenda November 27, 2001 Page 6 PUBLIC ItEARINGS 28 Hold a pubhc hearing to consader amending Ordanance 2001-191, whmh defines the zoning d~stnct classfficataon of the proposed Knollwood Villas multafaunly housing development and places condataons on ats construction The approximately 22-acre property ~s located on the south sade of McKanney Street, approximately 1000 feet west of Loop 288 It ~s ~n a Multafamfly cond~tmned (MF-1 Ici) zoning d~stnct The purpose of the proposed amendment as to alter reqmred transportation ~mprovements The Planmng and Zomng Commassaon recommends approval (6-0) (ZPOI-O006, Knollwood Vtllas) ITEMS FOR INDIVIDUAL CONSIDERATION 29 Consider adoptaon of an ordmance estabhslung an economic development program under Chapter 380 of the Local Government Code for making grants of pubhc money to promote economac development and to stimulate bus~ness act~vaty ~n the City of Denton, approving an economm development program grant agreement with Denton Crossang Partners, Ltd regardang the development of an apprommate 52 acre parcel of land located at the southwest comer of Loop 288 and Spencer Road, authorizing the expendaure of funds therefor, and prowdang an effectave date 30 Consader and take action on a request for rehef from the Res~dentml Interim Zomng Regulations, Ordanance 2000-046 for approximately 244 acres generally located on e~ther side of Loop 288 north of M~ngo Road, south of King's Row, east of Old North Road and west of Cooper Creek Road The property as in an Agricultural (A) and One-family Dwelhng (SF-7 and SF-10) zomng d~stncts A planned development conta~mng a varmty of sangle family, mult~famdy, retml, office and commercial uses ~s proposed (RR-01- 0009, V~mdsor Oaks) 31 Consider adoption of an ordinance on thard reading granting to TXU Gas D~stnbut~on, a divisaon of TXU Gas Company, ats successors and assigns, a franchise to furnish, transport and supply gas to the general public an the C~ty of Denton, Denton County, Texas, for the transporting, dehvery, sale, and d~stnbut~on of gas ~n, out of, and through smd mummpality for all purposes, prowdlng for the payment of a fee or charge for the use of the streets, alleys, and public ways, repealing all prevaous gas franchise ordinances and ordanances m conflict herewith, pmvadang that at shall be an lieu of other fees and charges, excepting ad valorem taxes, prescnbang the terms, conditions, obhgat~ons and limatataons under whmh such franchise shall be exermsed, prowd~ng a savings clause, a severabflaty clause, and an effectave date 32 Consider nommat~ons and appointments to the C~ty's Boards and Comunssaons 33 New Bus~ness Th~s atem provides a secnon for Council Members to suggest atems for future agendas or to request mformat~on from the C~ty Manager City of Denton City Council Agenda November 27, 2001 Page 7 34 Items from the City Manager A Notfficatlon of upcoming meetings and/or conferences B Clarification of items on the agenda 35 Possible Continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 36 Official Action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the .day of ,2001 at o'clock (am)(pm) CITY SECRETARY NOTE THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERiCANS WITH DISABILITIES ACT THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARiNG IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE ^Qenda hi0 ~~ CITY OF DENTON CITY COUNCIL MINUTES A~olida It~Ir/L ~'~-'-J(d--., t~ t~ - October 23, 2001 '~ate ~~(./_Z- After determining that a quorum was present and convemng tn an Open Meeting, the City Council convened m a Closed Meeting on Tuesday, October 23, 2001 at 5 00 p m in the City of Denton Council Work Session Room PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members McNedl, Phillips and Redmon ABSENT Council Member Burroughs and Fulton 1 Council considered the following in Closed Meeting A Consultation wuth Attorney - Under TEXAS GOVERNMENT CODE Section 551 071 (1) Considered and discussed possible settlement of litigation styled Mumctpal Administrative Services, Inc v City of Denton, Cause No 99- 50263-367, on appeal from the 367th D~stnct Court of Denton County, Texas Special Called Meeting of the City of Denton City Council on Tuesday, October 23, 2001 at 6 00 p m in the Council Work Session Room at City Hall 1 Mayor Brock presented the following proclamations A Make A Difference Day B Red Rabbon Week CONSENT AGENDA Carolyn Pbalhps addressed the issue relative to Item #2 She expressed concern about the use of funds for one residential group and not for another residential group in the area As the invitation to the dinner was on city stationery, she assumed that the City was sponsonng the event Phithps motioned, McNelll seconded to adopt the Consent Agenda and accompanying ordinance On roll vote, Beasley "aye", MeNelll "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye" Molaon earned unanimously 2 NO 2001-407 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A SERVICE AGREEMENT IN THE AMOUNT OF $1,00000 BETWEEN THE CITY OF DENTON, TEXAS AND NEIGHBORS INVOLVING COMMUNITY ENVIRONMENTS ('%lICE") TO PROVIDE FOR A PROGRAM THAT CONSISTS OF HOLDING A MEETING AND DINNER FOR RESIDENTS OF SOUTHEAST DENTON TO DISCUSS CITY OF DENTON PROJECTS THAT WILL HELP THE SOUTHEAST DENTON COMMUNITY, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE C~ty of Denton City CoBncll Minutes October 23, 2001 Page 2 3 The Council appointed Mayor Eulme Brock to the Denton County Transportation Authority Following the completion of the Specml Called Meeting, the Councd convened mto a Work Session 1 The Council received an update, held a discussion, and provided staff d~rect~on regarding the development of a b~d document for the curbsade collectaon of res~dentml recyclables Vance Kemler, Director of Sohd Waste, stated that at the Council meeting of August 7, 2001, Council d~scussed a bad recommendation to prowde residential curbsade recychng serwces to Denton's citizens At that meeting, the Councd voted to reject all b~ds and thrected staff to re- bad for the servaces of res~dentml curbslde recychng He presented key ~ssues for Council consaderataon that included servace frequency, voluntary subscnptaon versus mandatory service, bdhng by c~ty or contractor, mult~famfly recycling-drop off centers, landfill dlversaon, waste reduction, pay-as-you-throw, contmners saze and ownership and pubhc education He detmled the key points of each ~ssue as noted ~n the agenda materials Staff would develop a bad document based on the dmcussaons at thas meeting Consensus of the Council was to proceed wath the bid development 2 The Council received a report, held a d~scuss~on, and gave staff darectaon regardang development of a commumty service program ~mplemented by the Denton Municipal Court whereby ~ndagent defendants would be allowed to satisfy their fines by way of commumty serwce under the d~rectlon and superwsaon of the C~ty of Denton Robin Ramsay, Municipal Judge, stated that the scope of h~s d~scusslon would be centered on commumty service implemented by the Denton Mumc~pal Court and under the d~rect~on and supervision of the C~ty of Denton Issues to consider included habfi~ty for the C~ty, supervision and vertficat~on of work performed, nature and place of work to be performed, and coordination wath other necessary departments He questioned ~f Counml would want to pursue such a program, what kind of work and where ~t would be performed, and funding of a pos~t~on to monitor the program Mayor Pro Tem Beasley ~ndacated that the need for such a program was there but she dad not want to create another pomt~on to momtor the program Consensus of the Council was to not proceed w~th such a program at this point ~n t~me due to the habllaty issues and momtonng of the work done A study should contanue on how to amplement tlus type of program ~n the future 3 The Council received a report, held a d~scussmn, and gave staff darectaon regarding the mrport oil and gas lease project Mark Nelson, Parport Manager, presented tnformataon regarding legal documents needed ~n order to allow mrport off and gas leases at the Municipal A~rport There were two potentml s~tes at the Airport that were being considered at th~s point ~n t~me City of Denton City Council Minutes October 23, 2001 Page 3 Consensus of the Council was to proceed with the finalization of the documents necessary for gas and oil, lease projects at the Airport 4 New Business The following items of New Business were suggested by Council Members for future agendas A Mayor Brock requested a discussion on the policies and gmdelmes for the council contingency fund This could be a part of a Council luncheon discussion B Council Member McNelll suggested moving ahead on the gas wells ordinance C Council Member McNelll requested a memo regarding the efficiency study he requested and when that would be looked at in the budget With no further business, the meeUng was adjourned at 8 40 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF, DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES October 30, 2001 The City of Denton City Council held an Informational Briefing Session on Tuesday, October 30, 2001 at 4 00 p m in the Council Work Session Room PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Fulton, McNelll, Phillips, and Redmon ABSENT None 1 The Council received a report, held a discussion, and gave staff direction regarding the draft Development Code David Hill, Assistant City Manager of Development Services, stated that the outstanding policy issues had been identified and policy questions were in the backup for discussion Doug Powell, Director of Planning and Zoning, stated that the schedule was the first item He stated that the Legal Department had suggested that a joint public hearing of the City Councd/Planmng and Zomng Commission be held Staff had recommended that the joint pubhc hearing be held December 4, which would allow time to meet the public hearing notification requirements General consensus of the Council was to follow the schedule on the second attachment The Council agreed that they would not have a Development Code Work Session on November 7 but they would meet on November 12 and the regular City Council Work Session on November 13 would include the Development Code The Council discussed whether all property owners should be notified of the upcoming joint public hearing with the Planning and Zoning Commission General consensus of the Council was that the notice of the joint public hearing be sent to all property owners The Council requested that the notice be published in the newspaper and be broadcast on Channel 26 Juhe Smith, Environmental Compliance Administrator, reviewed the issues concerning Upland Habitat as a category of Environmentally Sensitive Areas Smith stated that if a developer submitted a site plan that complied with the ESA standards, the s~te plan would be approved An Alternative Plan process was provided if a developer could not meet the standards The Alternative Plan would be submitted to the Planning and Zoning Commission for their recommendation The City Council had the discretion to vary the standards and approve the Alternative Plan on a case-by-case basis General consensus of the Council was that the ESA standards should be applied to the city's extraterritorial jurisdiction C~ty of Denton C~ty Council Minutes October 30, 2001 Page 2 I Doug Powell, D~rector of Planmng and Zomng, stated that the date of April 7, 1998 had been used to detenmne which Planned Developments should not be rezoned He stated that on page 46 of the backup was a hst of Planned Developments that would not be rezoned He stated that these PD's had been approved after April 7, 1998 and ~ncorporated the pohcles identified m the Denton Plan Powell stated that pages 47 and 48 contmned the list of the PD's proposed to be rezoned as part of the c~ty-w~de rezomng General consensus of the Council was to use the date of April 7, 1998 to determine which PD's should not be rezoned and to use three categories to reflect the status of the PD's that would be rezoned inactive, under construction, and new zomng remmns the same Powell asked the Council ff the development code appeals processes should involve the Planning and Zomng Commission and City Council rather than the Zoning Board of Adjustment to the extent allowed by law General consensus of the Council was that the Planning and Zoning Commission and C~ty Council would hear appeals and to hm~t the items d~rected to the Zoning Board of Adjustment to those mandated by state law Powell asked the Council to address the outstanding Planning and Zoning Commission recommendations that were not reflected in the drafl code General consensus of the Council was that ~f the Planning and Zoning Commission could not come to an agreement on these issues then the council should address them The Council agreed to postpone rewew~ng the recommendations until another meeting The Council agreed to postpone d~scusslons on Multi-Family Concentrations and Mapping Issues until another meeting 2 The Council d~d not meet ~n a Closed MeeUng dunng this session With no further business, the meeting was adjourned at 6 53 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASST CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES November 5, 2001 The City of Denton City Council convened in a Work Session on Monday, November 5, 2001 at 12 noon m the City of Denton Work Session Room PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Burroughs, Fulton, McNelll, Plulhps and Redmon ABSENT None 1 The Council received a report, held a d~scuss~on, and gave staff d~rectlon regarding city council meeting structure and procedures, and the public heanng process Robert Hanna, Management Assistant, presented detmls concerning the current meeting structure Council discussed the reasons for Council meetings, expectations for how often and how long to have meetings, components of successful meetings, differences ~n types of meetings and settings for those meetings, how to receive ~nformat~on on future agenda ~tems, key responslbtht~es of the Council, ways to ~mprove meetings, explonng alternate ways to inform public so as not to take so much Council time, and the possible restmctunng ofpubhc heanngs Counml Member Perry left the meeting Consensus of the Council was to proceed with the development of a system for pubhc heanngs using different colored comment cards, using the comment cards for only people present at the meetings, changing the speaker t~me from three to five m~nutes and allowing extra speaker t~me for a representative of a group often or more ~fthe group were present at the meeting 2 The Councd received a report, held a d~scusslon, and gave staff d~rect~on regarding expenditure of the council contingency funds This ~tem was not considered 3 The Council held a d~scuss~on and gave staff dtrect~on regarding staff assistance w~th public meetings Th~s item was not considered With no further business, the meeting was adjourned at 1 35 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES Novc~mber 6, 2001 After determlmng that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, November 6, 2001 at 5 15 p m in the City of Denton Council Work Session Room PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Fulton, McNelll, Phillips and Redmon ABSENT None 1 The Council considered the following in Closed Meeting A Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551 072 and Consultation with the City Attorney - Under TEXAS GOVERNMENT CODE Section 551 071 1 Deliberated the pumhase and value of real property interests for street, landscape buffer, and other mumcipal purposes in the G Walker Survey Abstract Number 1330 and being an approximate 1 44 acre tract in Denton County Texas, located east of the intersection of Mayhdl Road and Edwards Road, which acquisition is for a public purpose, received legal advise from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property mterest 2 Deliberated the pumhase and value of real property interests for street purposes in the D Lambert Survey, Abstract Number 784 and being an approximate 0 902 acre tract or parcel of land in Denton County, Texas, located on the east side of Mayhlll Road at the Intersection of Colorado Blvd and Mayhlll Road, which acquisition ,s for a public purpose, received legal advise from the City Attorney or his staff concemmg legal issues regarding the acquisition and/or condemnation of such real property interest 3 Deliberated the purchase and value of real property, located in the J Cheek Survey, Abstract No 227 and the H Williams Survey, Abstract No 1417 and being a 568 acre tract and a 0 354 acre tract along Sherman Drive, approximately 3,600 feet south of the intersection of Clear Creek and Sherman Drive, north side of road, within the City and County of Denton, Texas, which acquisition is for a public purpose (Ray Roberts Water L~ne) Regular Meeting of the City of Denton City Council on Tuesday, November 6, 2001 at 6 00 p m in the Council Chambers at City Hall City of Depton C~ty Council M~nutes November6, 2001 Page 2 1 Pledge of Allegmnce The Council and members of the audience recited the Pledge of Allegiance to the U S and Texas flags PROCLAMATIONS/PRESENTATIONS 2 The Mayor presented the following proclamations A Texas Recycles Day B Denton Family Umty Week C Gmnmgs Elementary School Day 3 The Mayor presented the November Yard-of-the-Month Awards to Gwo Sang Yeh James and Margaret Schulze Curtis and Bertha Erwm Mike Beaty Clarence and Nell R~dge J Robert Gershon Mark and Elmne Davis K~ng Rmhard's Cat 4 Charles Cox, member of the Government F~nance Officer's Association, presented a Certfficate of Achievement for Excellence m Fmanmal Reporting by the Government F~nance Officers Assocmt~on for Denton's Comprehensive Annual F~nanc~al Report for the fiscal year ended September 30, 2000 5 Charles F~edler, D~rector of Eng~neenng, presented an award from the Federal Emergency Management Agency to the C~ty of Denton, 6 City Manager Conduffpresented recogmt~on of staff accomphshments CITIZEN REPORTS 7 Julle Sahh regarding sohd waste Ms Sahh stated that she had a continued trash and debris problem near her residence She requested that the C~ty develop a committee to assist residents w~th these types of problems She presented a letter that detmled her comments 8 Dan~elle P~erce regarding dmcontmuance of curbsade recychng Ms P~erce stated that the C~ty should Implement a "pay as you throw" program for the collection of trash Cl[y of Denton City Council Minutes November 6, 2001 Page 3 9 Ross Melton regarding the mumc~pal court system - problems and potential Mr Melton stated that there were problems with the Denton Mumc~pal Court system He felt the system was not really a court as the Judge worked for the Council and would not rule agaanst the City CONSENT AGENDA Burroughs motioned, McNefll seconded to approve the Consent Agenda and accompanying ordmances and resolutions On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Plulhps "aye", Redmon "aye", and Mayor Brock "aye" Motion camed unanimously 10 Approved the minutes of October 16, 2001 11 NO 2001-408 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO PAY ANNUAL DUES TO THE TEXAS PUBLIC POWER ASSOCIATION, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, PROVIDING AN EFFECTIVE DATE 12 NO 2001-409 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS WORKFORCE COMMISSION TO CERTIFY CITY OF DENTON EXPENDITURES FOR CHILD CARE SERVICES AND REQUEST FEDERAL MATCHING FUNDS, AUTHORIZING THE CITY TO CERTIFY CHILD CARE EXPENDITURES, APPROVING THE EXPENDITURES OF FUNDS, AND PROVIDING AN EFFECTIVE DATE 13 NO 2001-410 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND DENTON CITY COUNTY DAY SCHOOL TO PROVIDE FOR IMPROVEMENTS TO THE DAYCARE FACILITY AT 1603 PAISLEY STREET, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, NOT TO EXCEED $30,000, AND PROVIDING AN EFFECTIVE DATE 14 NO 2001-411 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 1 44 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE TO STREET, LANDSCAPE BUFFER, AND OTHER MUNICIPAL PURPOSES, SUCH TITLE TO BE IN THE NAME OF THE CITY OF DENTON AND SAID PROPERTY BEING LOCATED IN THE G WALKER SURVEY, ABSTRACT NLrMBER 1330, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PART OF THE EDWARDS ROAD AND A PART OF ALLEN ESTATES MOBILE C~ty of Denton C~ty Council M~nutes Novembe~ 6, 2001 Page 4 HOME PARK AS SHOWN BY THE PLAT THEREOF RECORDED IN CABINET C, PAGE 383 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREETS, LANDSCAPE BUFFER, AND OTHER MUNICIPAL PURPOSES, AND DECLARING AN EFFECTIVE DATE 15 NO 2001-412 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 565 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES AND TWO SLOPE EASEMENTS CONTAINING APPROXIMATELY 0 203 ACRE AND 0 134 ACRE, RESPECTIVELY, ALL OF WHICH ARE LOCATED IN THE D LAMBERT SURVEY, ABSTRACT NO 784 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND BEING PART OF LOT 1, BLOCK A, LOMBARD ADDITION, AN ADDITION TO THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY, AND DECLARING AN EFFECTIVE DATE 16 NO 2001-413 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND F1NDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A PUBLIC UTILITY EASEMENT IN, OVER, ON, ACROSS, AND UNDER AN APPROXIMATE 0 568 ACRE TRACT OR PARCEL OF LAND AND A TEMPORARY CONSTRUCTION EASEMENT CONTAINING APPROXIMATELY 0 354 ACRE OF LAND, LOCATED IN THE J CHEEK SURVEY, ABSTRACT NO 227 AND THE H WILLIAM SURVEY, ABSTRACT NO 1417 IN DENTON COUNTY TEXAS AND BEING PART OF A TRACT OR PARCEL OF LAND OWNED BY JEFFERY W NOE AND JEANIE NOE, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE EASEMENTS FOR THEIR JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY, AND DECLARING AN EFFECTWE DATE 17 NO 2001-414 AN ORDINANCE APPROVING AN AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND PAUL BRIDGES FOR USE OF A PORTION OF THE C~ty of Denton C~ty Council M~nutes November' 6, 2001 Page 5 DENTON MUNICIPAL AIRPORT FOR COMMERCIAL HANGAR/OFFICE AND RELATED SERVICES, AND PROVIDING FOR AN EFFECTIVE DATE 18 NO 2001-415 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF DENTON TO PURCHASE ANNUAL MAINTENANCE FOR EXISTING NOVEL NETWORK LICENSES FROM THE TEXAS DEPARTMENT OF INFORMATION RESOURCES OF THE GENERAL SERVICES COMMISSION OF THE STATE OF TEXAS (PURCHASE ORDER 100716 - TEXAS DEPARTMENT OF iNFORMATION RESOURCES IN THE AMOUNT $102,967 28) 19 NO 2001-416 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF DENTON TO PURCHASE ANNUAL MAINTENANCE FOR EXISTING INSTALLATIONS OF THE INFORMIX DATABASE ENGINE FROM IBM DATA SERVICES, A QUALIFIED INFORMATION SERVICES VENDOR (QISV) OF THE STATE OF TEXAS, WHICH PROVIDES FOR CONTINUED MAINTENANCE AND SUPPORT FOR EXISTING SYSTEMS (PURCHASE ORDER 100717 - IBM DATA SERVICES IN THE AMOUNT OF $52,450) 20 NO 2001-417 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF DENTON TO PURCHASE CONSULTING SERVICES FROM NOVELL, INC, A QUALIFIED INFORMATION SERVICE VENDOR (QISV) OF THE STATE OF TEXAS, WHICH PROVIDES FOR DESIGN, INSTALLATION, AND CONFIGURATION OF NOVELL ON DEMAND SERVICES (PURCHASE ORDER 100719 - NOVELL, lNG IN THE AMOUNT OF $36,000) 21 NO 2001-418 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTACT FOR THE PURCHASE OF CELLULAR DIGITAL PACKET DATA (CDPD) SERVICE, ALSO KNOWN AS WIRELESS 1NTERNET ACCESS TO PUBLIC SAFETY MOBILE COMPUTERS AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE, AND APPROVING THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING AN EFFECTIVE C~ty of Denton C~ty Councd M~nutes November16, 2001 Page 6 DATE (PURCHASE ORDER 100821 TO AT & T WIRELESS IN THE AMOUNT OF $96,000) 22 NO 2001-419 AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH THE STATE OF TEXAS GENERAL SERVICES COMMISSION AND AWARDING A CONTRACT FOR THE PURCHASE OF TIRES AND TUBES TO GRAY'S WHOLESALE TIRE DISTRIBUTORS, INC, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (FILE 2756 - GRAY'S WHOLESALE TIRE DISTRIBUTORS INC IN THE ANNUAL ESTIMATED AMOUNT OF $60,000) 23 NO 2001-420 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SERVICES ASSOCIATED WITH AN IRS SECTION 125 BENEFITS PLAN, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2738 - IRS SECTION 125 PLAN AWARDED TO PAYFLEX SYSTEMS USA, INC IN THE APPROXIMATE AMOUNT OF $6 00 PER EMPLOYEE PER MONTH OR $8,643 PER YEAR BASED UPON CURRENT PARTICIPANTS) 24 NO 2001-421 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TRAFFIC SIGNAL MASTS, ARMS AND POLES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2742 - TRAFFIC SIGNAL MASTS, ARMS AND POLES AWARDED TO PELCO PRODUCTS, INC IN THE TOTAL AMOUNT OF $31,745) 25 NO 2001-422 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE ANNUAL CONTRACT FOR THE PURCHASE OF BIOXIDE, A PRODUCT AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (FILE 2755 - AWARDED TO U S FILTER / DAVIS PROCESS AT $1 85 PER GALLON - ANNUAL ESTIMATED USAGE 28,000 GALLONS OR $51,800) 26 NO 2001-423 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CHANGE ORDER TO THE ANNUAL CONTRACT FOR THE SUPPLY OF CONTROL STATION SWITCHGEAR HOUSING BETWEEN THE CITY OF C~ty of Denton City Council M~nutes November) 6, 2001 Page 7 DENTON AND POWELL ELECTRICAL MANUFACTURING COMPANY, PROVIDING FOR AN INCREASE 1N EQUIPMENT CABINET SIZE, REVISIONS TO THE PROTECTIVE AND CONTROL SCHEMES, ADDITIONAL RELAY EQUIPMENT, AND AN INCREASE 1N PRICE, AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2546 - CONTROL HOUSE AND SWlTCHGEAR AWARDED TO POWELL ELECTRICAL MANUFACTURING COMPANY IN THE AMOUNT OF $1,276,708 PLUS CHANGE ORDER ONE 1N THE AMOUNT OF $69,800) 27 NO 2001-424 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A 20-INCH WATERLINE ON BERNARD/JAMES STREET, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2722 - BERNARD/JAMES 20" WATERLINE AWARDED TO PATE AND PATE, LLC IN THE AMOUNT OF $1,130,294 80) 28 NO R2001-064 A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING THE CREATION AND OPERATION OF THE DENTON ASSISTANCE CENTER, INC, A TEXAS NONPROFIT CORPORATION, WHOSE PURPOSE IS TO PROVIDE A CENTRAL LOCATION FOR SOCIAL AND HEALTH SERVICES IN DENTON COUNTY, AND PROVIDING AN EFFECTIVE DATE 29 NO R2001-065 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN OIL AND GAS LEASING POLICY FOR THE DEVELOPMENT OF MINERAL RIGHTS ON CITY PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF DENTON 30 NO 2001-425 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE COMPETITIVE BID PROCESS FOR AN OIL AND GAS LEASE AGREEMENT FOR THE DENTON MUNICIPAL AIRPORT AND APPROVING THE BID AND LEASE DOCUMENTATION, AND PROVIDING AN EFFECTIVE DATE 31 NO 2001-426 AN ORDINANCE ABANDONING AND VACATING A PORTION OF AN ELECTRIC LINE EASEMENT FROM L R STRICKLAND TO BRAZOS RIVER TRANSMISSION ELECTRIC COOPERATIVE, 1NC RECORDED IN VOLUME 386, PAGE 59 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND SUBSEQUENTLY ASSIGNED TO THE CITY OF DENTON IN AN INSTRUMENT RECORDED IN VOLUME 2736, PAGE 825 OF THE REAL PROPERTY RECORDS C~ty of Denton C~ty Councal Minutes Novemb~ 6, 2001 Page 8 OF DENTON COUNTY, TEXAS IN THE SAMUEL KEPHART SURVEY, ABSTRACT NO 721, SAID PORTION BEING ON LOTS 9, 16, 17, 18 & 19, BLOCK D AND WITHIN THE STREET RIGHT-OF-WAY OF iNDIAN LAKE TRAIL, ALL WITHIN THE AMENDED FINAL PLAT OF LAKE SHARON ESTATES, AN ADDITION TO THE CITY OF CORINTH, TEXAS, RECORDED IN CABINET R, PAGE 323 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND DECLARING AN EFFECTIVE DATE 32 NO 2001-427 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT 'filTH THE BUXTON COMPANY AND THE CORNERSTONE GROUP TO PROVIDE CONSULTING SERVICES, IDENTIFICATION OF POTENTIAL RETAIL ZONES, DEVELOPMENT OF COMMUNITY DEMOGRAPHIC AND PSYCHOGRAPHICS PROFILE AND RETAIL MARKETING MATERIALS, RATIFYING THE CITY MANAGER'S APPROVAL OF PHASE I OF THE PROJECT, PROVIDING AN EFFECTIVE DATE (PSA FILE 2761 - THE BUXTON COMPANY/THE CORNERSTONE GROUP FOR A TOTAL AMOUNT OF $75,000) PUBLIC HEARINGS 33 The Council held a pubhc heanng and conmdered adoption of an ordinance of the Council of the C~ty of Denton, Texas adopting Subchapter C, Sections 402 041 through 402 054 ~ncluslve, of the Texas Local Government Code entitled the "MUmclpal Drainage Utthty Systems Act," as Chapter 26, Article IV, Sections 26-129 through 26-142 of the Code of Ordinances of the C~ty of Denton, Texas, regarding the recogmtlon of the drmnage function of the C~ty of Denton Wastewater Utility, prowdmg for a repealer, prowd~ng for a severab~hly clause, and prowdmg an effective date The Mayor opened the pubhc heanng The following md~wdual spoke dunng the pubhc heanng Carl G Young, Sr, 321 E M~ll, Denton, 76205 - opposed The Mayor closed the pubhc heanng The following ordinance was conmdered NO 2001~428 AN ORDINANCE OF THE COUNCIL OF THE CITY OF DENTON, TEXAS ADOPTING SUBCHAPTER C, SECTIONS 402 041 THROUGH 402 054 INCLUSIVE, OF THE TEXAS LOCAL GOVERNMENT CODE ENTITLED THE "MUNICIPAL DRAINAGE UTILITY SYSTEMS ACT," AS CHAPTER 26, ARTICLE IV, SECTIONS 26-129 THROUGH 26-142 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, REGARDING THE RECOGNITION OF THE DRAINAGE FUNCTION OF THE CITY OF DENTON WASTEWATER UTILITY, PROVIDING C~ty of Denton C~ty Council Minutes Novembar 6, 2001 Page 9 FOR A REPEALER, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Fulton "nay", McNedl "aye", Phdhps "nay", Redmon "nay", and Mayor Brock "aye" Motion camed w~th a 4-3 vote 34 The Council held a pubhc heanng and considered adoption of an ordinance rezonmg approximately 1 acre commonly known as 702, 710, 714 and 718 Lakey Street and generally located at the southwest comer of Wilson and Lakey Streets, from a One Family Dwelhng (SF-7) zomng d~stnct to a Planning Development (PD) zomng d~stnct allowing mult~-famdy uses and providing a Concept Plan for that purpose Two fourplex units for elderly housing were proposed The Planmng and Zomng Comm~ssmn recommended approval (6-1) w~th conditions (zo -oos3) Council Member Redmon left the meeting w~th a potentml conflmt of ~nterest Doug Powell, D~rector of Planmng and Development, stated that difference between th~s proposal and the prior proposal was the addition of 710 Lakey Street to the hst of properties The Mayor opened the pubhc heanng The following ~nd~mduals spoke dunng the pubhc heanng Rmhard Franco, Denton Housing Authority - favor Carl G Young, Sr, 321 E M~I1, Denton, 76205 - favor Petenna Washington, 618 East Prmne, Denton, 76205 - opposed Carolyn Phfihps, 722 Lakey Street, Denton, 76205 - opposed Vmk~e McLane, 228 Cobblestone, Denton, 76205 - opposed Wflhe Hudspeth, 702 Newton, Denton, 76205 - opposed Bflhe Brasfield, P O Box 50834, Denton, 76206 - opposed Ruby Cole, 719 Lakey Street, Denton, 76205 - favor Bflhe Redmon, 1125 Morse, Denton, 76205 - favor Rosemary Rodnquez, 1313 W~ldemess, Denton, 76205 - favor Audrey Meadow, 723 H~ll, Denton, 76205 - opposed Charles Wflhams 2305 Carnage Hill, Denton, 76207 - favor Wflhe Taylor, 116 South Crawford, Denton, 76205 - favor The Mayor closed the pubhc heanng The following ordinance was considered NO 2001-429 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM SINGLE-FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZON1NG DISTRICT CLASSIFICATION AND USE DESIGNATION C~ty of Denton C~ty Cotmcd M~nutes Novembgr 6, 2001 Page 10 ALLOWING MULTI-FAMILY USES FOR APPROXIMATELY 1 ACRE OF LAND COMMONLY KNOWN AS 702, 710, 714, AND 718 LAKEY STREET GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF LAKEY STREET AND WILSON STREET LOCATED 1N THE H C HIRAM SURVEY, ABSTRACT 616, PROVIDING A CONCEPT PLAN ENCOMPASSING APPROXIMATELY I ACRE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z01-0033) Beasley motmned, Fulton seconded to adopt the ordinance w~th the conditions as suggested by the Planning and Zoning Commission On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNedl "aye", Ptulhps "aye", and Mayor Brock "aye" Motmn earned tmammously Council Member Redmon returned to the meeting 35 The Cotmcll held a pubhc heanng to consider the adoption of an ordinance d~sannex~ng approximately 24 4 acres, located at the northwest comer of Rector Road and IH-35 (Rector Road Dzsannexatton, (AOI-O010) Doug Powell, D~rector of Planmng and Development, stated that th~s was a d~sarmxat~on that would reqmre a supermajonty vote The Mayor opened the pubhc heanng The following ~ndlwduals spoke dunng the pubhc heanng Robert Blalock, 1225 Stafford, Duncanwlle - favor Scott Relb, attorney for the petitioners - favor The Mayor closed the pubhc heanng The following orchnance was considered NO 2001-430 AN ORDINANCE DISANNEX1NG A TRACT OF LAND WITHIN THE CITY OF DENTON, TEXAS, BEING ALL THAT LOT, TRACT OR PARCEL OF LAND COMPRISING 24 3957 ACRES OF LAND LYING AND SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE J AYERS SURVEY, ABSTRACT NO 2 AND PART OF THE B BURLESON SURVEY, ABSTRACT NO 65, DENTON COUNTY, TEXAS, AND DECLARING AN EFFECTIVE DATE Phdllps motmned, Fulton seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNedl "aye", Phdhps "aye", Redmon "aye", and Mayor Brock "aye" Motmn earned unanimously 36 The Council held a pubhc heanng and considered adoption of an ordinance rezomng approximately 6 1 acres located at the northeast comer of Geeshng Road and H~ghway 380 from City of Denton C~ty Counml M~nutes November 6, 2001 Page 11 Agriculture (A) zorang d~stnct to a L~ght Industrial (LI) zoning (hstnct wlth conditions L~ght mdustnal and commemlal development was proposed The Planmng and Zomng Commission recommended approval (6-0) w~th conditions (ZOl-O030) Doug Powell, D~rector of Planmng and Development, stated that one ~ssue regarding the proposal was that ~t currently was located ~n a neighborhood-center zoning thstnct per the Comprehensive Plan As such, the proposed use would not fit w~th the Comprehensive Plan If approved, the Comprehenmve Plan should be adjusted so as to be ~n conjtmct~on w~th the proposal The Mayor opened the pubhc heanng The following ~nd~wdual spoke dunng the pubhc heanng Donald Frmser, 1740 Westminster, Denton, 76207 - favor The Mayor closed the pubhc heanng The following ordinance was considered NO 2001-431 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AGRICULTURAL (A) ZON1NG DISTRICT CLASSIFICATION AND USE DESIGNATION TO LIGHT INDUSTRIAL (LI) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 6 1 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF GEESLING ROAD AND HIGHWAY 380, PROVIDING FOR A PENALTY IN THE MAX[MUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z01-0030) Ph~lhps motioned, Redmon seconded to adopt the ordinance w~th the exclusmn of conditions 1 and 4 that were recommended by the Planmng and Zomng Commission On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNe~ll "aye", Ph~lhps "aye", Redmon "aye", and Mayor Brock "aye" Motmn carried unanimously 37 The, Cotmml held a pubhc heanng and considered adoption of an orchnance rezomng approximately 5 0 acres located between Mlngo Road and Fish Trap Road, commonly known as 5501 F~sh Trap Road, from an Agriculture (A) zomng d~stnct to a Commercml (C) zomng district An office / warehouse development was proposed The Planmng and Zomng Commission recommended approval (6-0) with conditions (Z01-0032) Doug Powe!l, D~rector of Planmng and Development, stated that tbas property was ldentffied as an ex~st~ng neighborhood area ~n the Comprehensive Plan The proposed use was not supported by the Comprehen.q~ve Plan The Mayor opened the pubhc heanng No one spoke dunng the pubhc heanng City of Denton City Council Minutes November 6, 2001 Page 12 The Mayor closed the public hearing The following ordinance was considered NO 2001-432 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMERCIAL (C) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY $ 0 ACRES OF LAND LOCATED BETWEEN MINGO ROAD AND FISH TRAP ROAD, COMMONLY KNOWN AS 5501 FISH TRAP ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z01 ~0032) Beasley motioned, Burroughs seconded to adopt the ordinance with the conditions as recommended by the Planmng and Zoning Commission On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye" Motion camed unarnmously 38 The Council continued a public heanng and considered adoption of an ordinance approving a Zomng Plan for approximately 47 4 acres generally located east of US Highway 377 (Fort Worth Dnve) and south of Brush Creek Road The property was ~n a One-Family Dwelhng (SF-16) zomng d~stnct A s~ngle-famlly subdivision with 16,000 square foot mimmum lot size was proposed The Planmng and Zomng Commission recommended approval (5-1-1) with condiUons (ZP01-O008) Doug Powell, Director of Planning and Development, stated that two neighborhood meetings were held regarding the proposal, staff had evaluated the drainage study and had discussions regarding FEMA's responsibility regarding a flood plain A supermajonty vote of Council was not needed due to the lack of 20% opposition by adjoining property owners The Mayor opened the pubhc heanng The following individuals spoke dunng the pubhc heanng Tim House, petitioner - favor Sharon Cox, 8008 Wood Creek Circle, Argyle, 76226 - opposed Sandra and Bill Lewis, 900 Brush Creek Road, Argyle, 76226 - opposed The Mayor closed the public heanng The followmg ordinance was considered C~ty of Denton Clty Counml M~nutes November 6, 2001 Page 13 NO 2001-433 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR APPROVAL OF A ZONING PLAN PERMITTING SINGLE-FAMILY RESIDENTIAL DEVELOPMENT FOR APPROXIMATELY 47 412 ACRES OF LAND GENERALLY LOCATED EAST OF US HIGHWAY 377 (FORT WORTH DRIVE) AND SOUTH OF BRUSH CREEK ROAD AND LEGALLY DESCRIBED AS 47 412 ACRES IN THE G DAUGHERTY SURVEY, ABSTRACT NO 351, THE H HAGGOOD SURVEY, ABSTRACT NO $17 AND THE W HUDSON SURVEY, ABSTRACT NO 586, IN THE CITY OF DENTON, DENTON COUNTY TEXAS, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (ZP-01-0008) Phflhps motaoned, Mayor seconded to adopt the ordinance and to encourage the developer to work w~th staff for the creation of a conservation easement dedicated to the C~ty and w~th the recommended conditions by the Planning and Zomng Commiss~on On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Phflhps "aye", Redmon "aye", and Mayor Brock "aye" Motion camed unammously ITEMS FOR INDIVIDUAL CONSIDERATION 39 The Council considered approval of a resolutmn nominat~ng members to the Apprmsal Rewew Board of the Denton Central Apprmsal D~stnct, and declaring an effective date Council nominated Larry Wilson and Pearl Ford The £ollowlng resolutmn was considered NO R2001-066 A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT, AND DECLARING AN EFFECTIVE DATE On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Pbalhps "aye", Redmon "aye", and Mayor Brock "aye" Motmn earned unammously 40 The Council considered approval of a resolution casting votes for membership to the Board of D~rectors of the Denton Central Apprmsal D~stnct, and declanng an effective date Burroughs motmned, Beasley seconded to cast all of the mty of Denton's votes for Rack Woolfolk On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNelll "aye", Pbalhps "aye", Redmon "aye", and Mayor Brock "aye" Motmn camed unammously City of Denton C~ty Council Minutes November 6, 2001 Page 14 NO R2001-067 A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT, AND DECLARING AN EFFECTIVE DATE 41 The Council considered approval of a resolution appmnting members to the Board of Directors of the Industrial Development Authority Board, and providing for an effective date The following resolution was considered NO R2001-068 A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY BOARD, AND PROVIDING FOR AN EFFECTIVE DATE McNeill motioned, Burroughs seconded to approve the resolution as presented by staff On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Plullips "aye", Redmon "aye", and Mayor Brock "aye" Motion earned unanimously 42 The Council considered approval of a resolution approving a Project Plan for approximately 47 4 acres generally located east of US Highway 377 (Fort Worth Drive) and south of Brash Creek Road The property was in a One-Family Dwelhng (SF-16) zoning district A single-family subdivision with 16,000 square foot m~nimum lot size was proposed (SPO1- 0018) Bill Lewis presented a comment card ~n opposition The following resolution was considered NO R2001-069 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A RESIDENTIAL PROJECT PLAN FOR A SINGLE-FAMILY SUBDIVISION WITH 16,000 SQUARE FOOT MINIMUM LOT SIZE, BEING AN APPROXIMATELY 47 4 ACRE SITE GENERALLY LOCATED EAST OF US HIGHWAY 377 AND SOUTH OF BRUSH CREEK ROAD, AND PROVIDING FOR AN EFFECTIVE DATE (SP- 01-0010) Beasley motioned, Burroughs seconded to approve the resolutmn with the stipulation that the apphcant would work w~th staff for a conservation easement on the open space On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeIll "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye" Motion earned unanimously 43 The Council considered adoption of an ordinance on first reading to voluntarily annex approximately 2 67 acres of land generally located north of Crawford Road, east of Interstate C~ty of Denton C~ty Council M~nutes Novemb0r 6, 2001 Page 15 H~ghway 35W and west of John Prone Road, ~n the C~ty of Denton Extratemtonal Junsthct~on (,~ 01-0006) Beasley motioned, Burroughs seconded to approve the orthnance on first reathng On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefil "aye", Pl~lhps "aye", Redmon "aye", and Mayor Brock "aye" Motion earned unammously 44 The Council considered adoption of an ordinance on first reathng to involuntarily annex approximately 300 acres of land generally located north of Lively Road, south of FM 2449 and west of C Wolfe Road, ~n the C~ty of Denton Extratemtonal Juns&ct~on (AOI-OOOD Doug Powell, D~rector of Planmng and Development stated that staff was conUnmng to work with the property owner for an agreement ~n heu of annexation To date, there had been no response from Robson Ranch regarding the agreement Burroughs motmned, Beasley seconded to approve the orthnance on first reathng On roll vote, Beasley "aye", Burroughs "aye", Fulton "nay", McNefll "aye", Phflhps "aye", Redmon "aye", and Mayor Brock "aye" Motion camed w~th a 6-1 vote 45 The Council considered adoption of an orthnance on first reathng to involuntarily annex 882 acres of land generally located south of J~m Christal Road and west of C Wolfe Road, ~n the C~ty of Denton Extratemtonal Junsthct~on (AOl-O008) Doug Powell, D~reetor of Planmng and Development, stated that there was no agreement m heu of annexation at th~s point ~n t~me MeNefll motioned, Burroughs seconded to approve the orthnance on first reathng and to continue to negotmte an agreement On roll vote, Beaslcy "aye", Burroughs "aye", Fulton "nay", McNexll "aye", Phflhps "nay", Redmon "aye", and Mayor Brock "aye" Motion failed w~th a 5-2 vote as a supermajonty vote was reqmred 46 The Cotmcfl conmdered adoption of an ordinance on first reathng to ~nvoluntanly annex 104 acres generally located north of Jim Chnstal Road, south of Umvers~ty and west of Masch Branch Road, in the C~ty of Denton Extratemtonal Junsthctmn (A01-0009) Mark Cole, 6376 J~m Christal Road, Denton, spoke ~n oppos~tmn Beasley motioned, Burroughs seconded to approve the orthnance on first reathng On roll vote, Beasley "aye", Burroughs "aye", Fulton "nay", McNefll "aye", Plulhps "aye", Redmon "aye", and Mayor Brock "aye" Motion camed w~th a 6-1 vote 47 Roselawn Acres Addition The 6 2-acre s~te was located on the south s~de of Roselawn Road south and west of Dema Park The property was ~n an Agricultural (A) zoning thstnct A two lot single-family development was proposed a The Council considered approval of an exactmn variance of Section 34-116(c) of the Code of Ordinances, concermng constructmn of a waterline and fire hydrants for the proposed City of Denton Cl[~ Council Minutes November 6, 2001 Page 16 Roselawn Acres, Block A, Lots 1 & 2 The Planmng and Zomng Commission recommended approval (6-1) (V01-0026) Beasley motioned, Burroughs seconded to approve the variance On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNelll "aye", Phllhps "aye", Redmon "aye", and Mayor Brock "aye" Motion earned unammously b Consider approval of an exaction variance of Section 34-114(17) of the Code of Ordinances, eoncernmg sidewalks for the proposed Roselawn Acres, Block A, Lots 1 & 2 The Planmng and Zoning Commission recommends approval (5-2) (V01-0024) Fulton motioned, McNefll seconded to approve the variance On roll vote, Beasley "nay", Burroughs "aye", Fulton "aye", McNeill "aye", Phflhps "aye", Redmon "aye", and Mayor Brock "nay" Motion earned with a 5-2 vote 48 Brier Cliff Center Addition The approximately 2-acre site as located on the east s~de of State School Road, approximately e~ghty-seven (87) feet south of the ~ntersect~on w~th the frontage road of I-35 East and north of Brighton Drive A two lot commercml development was proposed, a The Council considered approval of an exaction variance of Section 34-114(5) of the Code of Ordinances concerning perimeter paving for Lots 1 & 2, Block B of Brier Cliff Center Addition The Planmng and Zomng Commission recommended approval of a partial variance (6-1) (V01-0023) Tommy Camthers spoke in favor of the request PhIlhps motioned, MeNefll seconded to approve w~th variance w~th the petitioner paying $25,000 of the cost of the perimeter pawng On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", MeNeill "aye", P~lhps "aye", Redmon "aye", and Mayor Brock "aye" Motion earned unammously b The Council considered approval of an exaction variance of Section 34-114(17) of the Code of Ordinances concermng sadewalks for Lots 1 & 2, Block B of Brier Cliff Center Addition The Planning and Zomng Commission recommended approval of a partial variance (6-1) (V01-0025) Beasley motioned, Phillips seconded to approve a partial variance as recommended by the Planmng and Zomng Commission On roll vote, Beasley "aye", Burroughs "aye", Fulton "nay", McNelll "aye", Pballips "aye", Redmon "aye", and Mayor Bmck "aye" Motion earned w~th a 6-1 vote Mayor Brock left the meeting w~th a potential conflict of interest 49 The Council conmdered adoption of an ordinance on third reading granting to TXU Gas Distribution, a d~wslon of TXU Gas Company, its successors and assigns, a franchise to furnish, transport and supply gas to the general pubhc ~n the C~ty of Denton, Denton County, Texas, for the transporting, dehvery, sale, and distribution of gas ~n, out of, and tbxough smd mumc~pahty City of Denton C~ty Council Minutes November 6, 2001 Page 17 for all purposes, prowdmg for the payment of a fee or charge for the use of the streets, alleys, and public ways, repeahng all prewous gas francfuse ordinances and ordinances an conflact herewath, prowdmg that at shall be ~n heu of other fees and charges, excepting ad valorem taxes, prescribing the terms, conditions, obhgat~ons and hmltat~ons under which such franchise shall be exercised, provld~ng a savings clause, a severabthty clause, and an effective date McNedl motioned, Fulton seconded to postpone cons~derataon of this ~tem until the November 27th Council meetmg On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Ptulhps "aye", and Redmon "aye" Motion camed unanimously Mayor Brock returned to the meeting 50 The Council considered nomlnat~ons and appointments to the C~ty's Boards and ComIxllSSlons There were no nominations made at this meeting 51 New Business The following ~tems of New Bus~ness were suggested by Council Members for future agendas A Council Member Fulton requested ~nformat~on verifying acts of vandahsm reportedly oecumng throughout the C~ty B Council Member Burroughs requested information regarding available land trust options to the C~ty C Council Member Redmon requested a part~al review of the noise ordinance relatmg to no,se from vehicles 52 Items from the C~ty Manager C~ty Manager Conduffd~d not have any ~tems for Cotmcll 53 There was no continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 54 There was no official action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act With no further business, the meeting was adjourned at 11 00 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: November 27, 2001 DEPARTMENT: C~ty Manager's Office CM M~chael Conduff, C~ty Manager SUBJECT Consider a request for an Exception to the Nmse Ordinance for the purpose of a hohday celebration / neighborhood block party to be held on December 8, 2001 between the hours of 5 PM and 9 PM at the 3100 block of Old North Road to the corner of Old North and Windsor BACKGROUND Kevm J L~ndsey ~s requesting an exception to the noise ordinance for a hohday celebratmn / neighborhood block party (Attachment 1) The celebratmn wall include live music and ~s scheduled to occur on December 8, 2001 from 5 00 p m to 9 00 p m at the 3100 block of Old North Road to the Comer of W~ndsor (Attachment 2) Pending the approval of th~s Nmse Exception request, staff will grant a street closure request m order to protect the block party partm~pants from vehmular traffic As you know, the nmse ordinance, amended by ordinance Number 2001-265, declares loudspeakers, amphfiers, and musmal ~nstmments above 65 dba a no~se nmsance, pamcularly after 1000 pm Monday through Saturday and anytime on Sunday (Attachment 3) The ordinance does, however, prowde that the C~ty Council may make exce!0tlons for sound levels or hours of operation when the pubhc ~nterest ~s served The organizers have been ~nformed that should Councd approve th~s request, responsible use of amphfied sound is still reqmred by Section 20-1 of the City of Denton Code of Ordinances In particular, Section 20-1 §4(a) states It shall be unlawful for any person to make or cause any unreasonably loud, disturbing, unnecessary nmse whmh causes or may cause material d~stress, discomfort or ~njury to persons of ordinary sens~btht~es ~n the ~mmedmte wc~mty thereof Kevln Llndsey HohdayCelebrat~on/NelghborhoodBlock Party November 27, 2001 Page 2 PRIOR ACTION/REVIEW (Couned, Boards, Commissions) None FISCAL INFORMATION None Respectfully Submitted Bet~y Wllltra~ns Director of Management and Public Information Prepared By Robert Hanna Management Assistant Attachments 1 Request from Kevln J Llndsey 2 Map of the area 3 Noise Ordinance 2 I'hursday November 01 2001 9 24 PM To Robert Hanna From Kevln & Tracy Llndsay Page 2 of 2 Tracy & Kevm Lmdsay 3100 Old North Road Denton, TX 76209 (940) 380-0067 Robert Hanna Office of the C~ty Manager 215 East McKanney Denton, TX 76201 1 o C~ty Manager We would hke to request a noise exception and street closure perrmt for Saturday, De~ember 8, 2001 bom 5 00 p m - 9 00 p m The purpose of the event is a holiday celebration/neighborhood pat~y We plan to have live music at 3100 Old North Road and would lequest a street closure perrmt for the 3100 block of Old North Road to the comer of Old North and windsor (one block) for safety reasons Kovm and Traey Lmdsay will be responsible for cleaning up the block at 9 00 p m Thank you for your prompt attenbon to thas request Sincerely, Kevm J Lmdsay 11/1~2001 2~'43 Ttll CONT ED/RES t GRANTS ~ 9403498596 NO 3?3 Q02 Old North Road Holiday Party We the tmde~tilmd have beeu apprised of the planned holiday block party for Saimday De~emb~ 8, 2001 and a~e to the request for a street cloture pemut for the area starting 3100 Old Noflh lo tho Windsor Str ~e~t/Old North lnterse~mn dunng the hours of thc event (5 00 p,m, to 9 00 p m ) This request for a street closure ts to insure the safety of remdents durinl~ the hohda~, celebnmon , Address' ~q' OLD ~j~.p~l'~ Addre~ ".~1~ OW A/~.~ ~ Address Name Name Si?a~rc Name. Address S18natm. e StSflature Name ~ddress Address / SIS~ature Name. / Ad~ren / Address Nam Name ~l~lr~ess Address S~snature. Stsmmre Lindsey Request AN ORDINANC~ OP TH~ ~l'l'E OP D~ON, ~8 ~G ~ 20 ~O~O A S~~ C~US~, PROLOG A SA~OS ~U$~ PRO~G FOR A P~ N~ TO ~ $5~ FOR ~O~ONS OF ~ O~, ~ PRO~O FOR ~ ~ DA~ ~ CO~ OF ~ ~ O~ D~ON, ~ ~Y O~S ~ ~ ~t~ 20 '~" of ~ C~e of ~ ofD~ T~ ~s h~by ~d~ ~ ~l~g S~ 2~1 ~tl~ '~m~" m J~ ~ to ~ ~ follows ~on 2~1. Noise 1. ~lmflon of In~t It ~s h~ d~]~ to be ~c ~hcy of~e CiW to m~ ~e ~e to ~ to ~e ~t~ phymolo~ ~ p~olo~ h~ of ~c~ve nm~ ~ to ~t~ p~ote, ~d ~e ~e pubho h~l~. comf~ ~nv~ce, s~, ~ welf~ It ts ~e ~p,~s ~nt~t of ~e CiW Co~i to c~l ~e l~el of ~ m a m~ ~a ~m~es ~e, pwt~ ~e sl~ ~d ~ose of ~z~, pwmot~ ~e use, v~u~ ~d mjo~ ofp~, md ~ ~e ~ of~e ~m~ 2. Sonnd Measn~m~t C~tega. F~ p~ of ~s or~, ~d m~ ~11 ~ m~e u~g ~e A-wm~g ~e on ~ ~v~ ~-l~cl m~, b~ on ~e ~f~ sold ~ (0 ~a) M~t am~ ~11 b= no I~ ~ 2 ~ut~ m I~ ~d ~ola~o~ ~H ~ det~m~ b~ on ~e h~ re~ ~g m ~at m~t ~ ~1 m~t I~els ~11 ~ ~l~ve of my ~b~t no~se ~at ~s at ~c ~mc of ~ 3 D~n~ons and smdards. ~ foilo~g d~m~ons ~ ~ m ~e mt~on ~d ~t of ~e s~on ~d~ a ~ d~l r~ng md~ ~e l~el of ~d b~ ~ a ~f~e of 0 ~ (0 ~2 M~cw B~) ~ ~mt m~ ~ ~ c~le orang m~ on ~ A-w=~t~ ~e md on a slow ~n~ 2-~dSM~ ~ ~ E~i: ~e ~d pr~ l~el ~ me~ on ~ ~F~ov~ ~.l~el ma~ umng ~e a.w~Ung n~ork Page I of 6 Clearly ,~ud~ble* Any sound for which the m~on content of that sotmd ~s una~blguously comnmmcated to the hstenm*, such as, but not 1,re,ted to, understandable spoken speech winch need not b~ wholly dlscemab]o, or comprehension of whether a vmoe m ~msod or normal, bass reverberations, or comprehenm'ble mumcal rhythms Daytime' From700a.m rolo OOp.m F~tabl~ked P~w0net~' Tho estabhsh~l p~nmet~r of sn ~t w~ll be the pm~nent or temporary f~mg m plaeo for tho event, or tho natural benndm~ of a spe~fic loca~on Motor FeMcle Any vohlolo propelled by mechamc~l power, such as, bnt not Inmted to, any pa~enger car, truck, track-trailer, smm-trmler, camper, motorcycle, rmmblko, go- cart, dm~ buggy, or ranmg veincle ~Vlghttlm~' From 1000pm to 7 00a.m ~Vo/~e Any sound winch is unwanted or winch canso~ or tends to cause, an adv~ psychological or phymologtcal erlTect on human beings Outdoor Music Festival Any form of musical eut~ammant prowded by hvo (1) More than 200 persons are tn attendance at any one performance, or (2) The ovant rm~n~s prod admlsmon, and (3) Any of tho performers or performance are not w~thm a permanent, enclosed muctm~, and (4) Any of tho pm'~ormanco mvnlvea the use of smphfied somxl ,~mnd.dn~ltfymg Eqmpment Any machine or d~uce for the sound amphficat~on of tho human votco, mume, mumcM eqmpment, or any other sound "Sound amphf~ng oq~p~enf' shall not mchldo wsrmng d~ces on anthonz~d em~rgancy vehtclea or horns or other wsrrang dexucas on eny veincl~s used only for traffic safety purpose~. Vibration (Boss Re~rberation) A t~poral and spatial oscflla~on of thsplaccrn¢~t, vclomty, or accelm'al~on m a sohd matenM created by the use or opewatmn of a stationary loudsp~ker, amplifier, mumcai mstrumant, or any other sound amphfymg eqmpmanL Any ~rouncl or structure-bomo wbratmnal morton that Is p~rcept~ble by s~sat~on by touch, wsual obsorvat~on of moving objects, or means other than through the s~se of heormg Page2 of 6 4, General noise yJoletfons. (a) It shall bo unlawl~ for a pe~on to make or ca. so any ~ly loud, injury to persons oxe ordinary sens~blhhes in th~ ~mmedlate Vl~ll~ty thereof (b) It shall be Illllawflll for a~y person to make or caus~ any no,se of such character', mtenstty and contained durtmon as to substanUally mterfe~ with tho comfortable enjoyment of private homes by persons of ordinary se~m'bthties {¢) The following acts, among others, are declared to be nm$o nmsa~ces m wolahon of tbs Code, but such ermme~atwn shall not be deemed to be ex¢lumve (1) The playing of any phono~h, televmon, radio, or any musical msh-umom in such manner or vath such volmne, so as to be dearly audible to a person m thetr re~dmoe, and (a) Dulmg the daytime, measm'e more than 65 dba on the A-weighting scale on a~/¥proved sound-level meter at more than 50 feet from tho source, or (b) Dunng the mghtlnne, measure more than 65 dba on the A- weighting sc, ale on an approved sound-level meter at more than 50 feet fi-o~ the source, or (~) Dnring tho day.me, m a mulh-farmly dwelling, mcasan'o more than 50 don on the A-weighting scale on an npproved sound-level meter m a~y adjacent umt, or (d) During th~ mghttune, m a multi-family dwelling, be clearly aud~le wflhm nay urn! that ~s not the som'ce on the sound (2) The uso of nay stationary loudspeaker, nmphfier, mus~cnl msmunent, or sound nmphfyin$ eqmpment m such a manner or w~th such volume so as to be cle~iy ~&'ble to n person m then' residence, and (n) Dunng the dayttme, be of ~uch mtenmy nnd volume so as to measure mo~ than 65 dba on the A-scale on a sound-level mensurmg d~,nco nt mom than 50 feet from the source, oF (b) Dunng tho mghthme, be of such mtensfly and volume so as to measure more than 65 dba on the A-scale on a sound-I~vcl mensunng dewce at mor~ than 50 feet from the source, or Page 3 of 6 (c) D~rmg tho daytnn~, m n multi-faulty dwallmg, mexsur~ more then 50 dba on tho A. welghtmg scalo on an approved sound-level meter in any adjacent rout, or (d) Dunng the mghttnun, m a multi-fannly dwelhn& bo clearly audi'bio Mthm any mat that ~s not the source of the sound, or (e) At any tune on S~mda~, (f) Prowded, however, that tho city council may make exceptions upon apphcahon for sound levels or hours of opera~on when thc pubhc Interest will bo served thereby, The creation of vlbratiun or bass reved~c~ations at any tune that is poreephble Inside a complmnmg person's residence, through the sense of touch, or through visual obsot~ation of moving objects, or through the sense of boating (4) The use of auy radio, stereo, amplifier, sound ampl~ng eqmpment, or other mumcal dewce installed or contained m a motor vehicle at a volmae such that it Is clearly audible to any person from more then 35 fcc~ Dom tho vehicle (5) The blowing of any ste4un whistle attached to any stationary boiler or the blowing of any other loud or far*raachmg steam whistle w~thm thc City hrmts, except to g~ve notice of the time to bogm or stop work or as a warning of danger, (6) The erection, excavation, deraohtion, alteration, Or repMr work on any braiding at an)trois other than between thc hours of 6 00 ma and 8 30 pm Monday through Friday flora June I to Scpten~ :30, bctwcan 7 00 mn and 8 30 pm Monday through Friday Dom October I to May 31, between 8 00 am and 8 30 pm on Saturday, and betwce~ 1 00 pm and 8 30 pm on Sunday, provided, however, that the city council may tsane special pernuts for such work at other hours m case of urgent nccesmty and in the interest of public safety aud convenience, (7) The creation of any loud and exccsmve no]so m com~ection w~th the loading Or unloading of any vehicle or the opanmg or dastsuction of bales, boxes, crates or containers, (8) Tho uso of any d~un, loudspeaker, or other mstrmnent or device for tho purpose of attracting attention by the creation of homes to any porform~mce, show, theatre, motion p~cture ho~, sale of mea'~hendlae, or Page 4 of 6 s~dewalks or ~ts ne~ or adjacent the~to $, Outdoor Music Festivals, (a) At any outdoor mumc festival, It shall be unlawful for any pe~son or group spousonng the ovant to make, cause, allow, or permit any no:s~ that (1) Bxceeds 70 dba on an ,,l,~oved sonnd-lcvcl meter when measured at the ostabhshed perimeter of the cvcat. (2) Prowded, the city council may make excepbons upon apphcatlon for sound levels or hours of operauon when thc pubhc interest w~ll be servcd thereby (a) A person commits an offense If he wolates or attempts to wolate a pressmen of tbs chapter apphcable to hun A culpable mental stat~ ~s not reqmred for the commission of an offense u~der tbs chapter unless the pmwmon defining thc conduct expressly requires a culpable mental state. A separate offense ~s cormmtted each day m which an offense occurs An offense comlmtted under this chapte~ ~s pmushable by a fine of not more ~en $50g (b) Prosecution for an offense under Subsection (a) does not prevent the us~ of other enforcement r~medles or proceAlures applicable to the person charged vnth or the conduct involved m the offense ~ If any section, subsection, paragraph, sentence, clause, phrase, or word m this ordinance, or apphca~on th~seof to a~y person or circumstances is held mvaUd by any court of competent jurisdiction, such holding shall not affect the vahdlty of tho remaining pomona of tlus ordinance, and the City Count! of the City of Denton, Texas hereby declm'es it would have enacted such remaining pomona despite any mvallth~ ~ Save end except as mnended hereby, all the prowmone, sect~one, subsecbons, para~a~,hs, sentences, clauses, and phrases of the Code of Ordinances shall remmn m full force and effect ~ Thss ordmence shall become effective four~ec'n (14) days from the date of lis passage, and the C~ty Secretary is hereby d~rccted to cause the cepuon of flus orthnance 1o be pubhshed tvnen m the Denton Renord-Chromcle, the official newspaper of the OW of Denton, Texas, w~thm fen (10) days of the date of~ts passage Page 5 of 6 ~ Tlus ordinance shall !~ ~ev~ewed by the C~ty Council vnthm sut months °f tho da~ of~ts passage. Tins ordimm~o shall remain tn full force and effect unless n~pealod or PASSED AND AP,ROVED tins the ~',./~.~_ day of ~(~ ,2001 EULINE BROCK, MAYOR ATTEST l~INIFml WALT]i~Y,S, CITY SECI~TARY APPROVI~!t.s AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 6 of 6 AGENDA INFORMATION SHEET AGENDA DATE: November 27, 2001 DEPARTMENT: Police ACM' Jon Fortune, Assistant City Manager, Public Safety and Transportation SUBJECT Consider adoptaon of an ordinance authorizing the Mayor to execute an lnterlocal cooperation agreement between the City of Denton and the City of Ponder, Texas, for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement, and providing for an effective date BACKGROUND This is the second year for the City to maintain an agreement with the City of Ponder for these services The ammals delivered by Ponder have not resulted in overcrowdmg of the Animal Control Shelter The agreement states that the City of Denton will provide the following services to City of Ponder for the impoundment and disposition of animals delivered to the City of Denton from the City of Ponder (1) The City of Denton will hold these animals for mnety-mx (96) hours if not claimed by an owner If the owner does not claim the animal within the prescribed ninety-slx (96) hours, the animals wall be euthanlzed or made available for adoption (2) The City of Denton will accept and hold rabid suspects in quarantine for ten (10) days (3) The City of Denton will r~nnove and ship the heads of rabid suspects for rabies testmg by the Texas Department of Health For the services, the City of Ponder agrees to pay fees set forth in the agreement as follows (1) A holding fee in the amount of fifteen dollars (15 00) for the first day or part ora day and five dollars ($5 00) for each subsequent day per animal held for reclamation by the owner (2) A hokhng fee in the amount of fifteen dollars (15 00) for the first day or part of a day and five dollars ($5 00) for each subsequent day per animal held in quarantine as a rabies suspect (3) Thirty dollars ($30 00) for each animal euthamzed (4) Seventy dollars ($70 00) for each decapitation and shipment OPTIONS 1 The C~ty can choose not to ~mtlate an interloeal agreement for these services with the C~ty of Ponder 2 The City can approve the orthnance and renew the lnterlocal agreement RECOMMENDATION The Department recommends approval &the ordinance and ~mtlatmn &the mterloeal agreement with the City of Ponder 1 The lnterlocal agreement prowdes a valuable service to servme to the citizens of Ponder 2 The housing and chsposal of dogs and cats has not, and is not projected, to create a hardship Ammal Control operatmn 3 The ~nterlocal agreement m a source of revenue for the City PRIOR ACTION/REVIEW The attaahed mterlocal agreement and ordinance has been reviewed for legal form and content by the C~ty of Denton Legal Department The agreement has been approved by the Ponder City Council FISCAL IMPACT The prescribed fees in the agreement are calculated to recover all costs of all services rendered and, therefore, th~s agreement does not result in an increase in expenditures The prescribed fees include the increases that were included m the approved budget for this fiscal year Based on revenue generated by this lnterlocal agreement over the past year, it is estimated that this agreement will result in approximately $500 in additional revenue Respectfully submitted, Prepared by Jon Fortune Interim Chief of Police Joanle Housewnght Captain, Support Servmes Dlws~on 2 ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN 1NTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND THE CITY OF PONDER, TEXAS, FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAD AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Mayor, or m h~s absence the Mayor ProTem, is hereby authonzed to execute an Interlocal Cooperation Agreement between the C~ty of Denton and C~ty of Ponder for the ~mpoundment and d~spos~t~on of dogs and cats, substantmlly ~n the form of the copy of which is attached hereto and ~ncorporated by reference here~n SECTION 2 That the C~ty Council authonzes the colleclaon of all fees as prowded pursuant to the provisions of smd Agreement SECTION 3 That tins ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s the day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY STATE OF TEXAS § § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON § WHEREAS, the C~ty of Denton, Texas ("DENTON") and the C~ty of Ponder, Texas ("PONDER") are both local governments w~th the authority and power to contract, and WHEREAS, DENTON ~s engaged ~n the servmes of holding and dmposmg of dogs and cats for the benefit of the c~t~zens of DENTON, and WHEREAS, DENTON ~s the owner of certmn facflmes and eqmpment designed for the holding and d~spomtton of dogs and cats and has tn ~ts employ tratned personnel whose duties are related to the use of such famlmes and eqmpment, and WI-IEREAS, PONDER destres to obtmn nnpoundment and d~spomt~on sermces for dogs and cats rendered by DENTON, as more fully hereafter descnbed, for the benefit of the mttzens of PONDER, and WHEREAS, PONDER and DENTON mutually desire to be subject to the provtmons of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto, and WHEREAS, both DENTON and PONDER have the authority to perform the servmes set forth m tlns Agreement mchwdually tn accordance w~th Texas Government Code §791 01 l(c), and WHEREAS, PONDER wtll make all payments for services out of avmlable current revenues and DENTON agrees that the payments made by PONDER hereunder will fatrly compensate tt for the services provided, NOW, THEREFORE, PONDER and DENTON, for the mutual cons~deratton hereinafter stated, agree as follows I A COVENANTS OF THE CITY OF DENTON 1 Holchng of Dogs and Cats DENTON agrees to accept and hold dogs and cats lawfully ~mponnded by authorized representatives of PONDER under the followmg terms and conditions a Holding Period for Dogs and Cats DENTON agrees to hold such dogs and cats for a penod of nlnety-s~x (96) hours from the time they are accepted by the Animal Control Center tn order to allow the owners of the ~mpounded ammal a reasonable amount of t~me to reclmm the ~mpounded ammal If the ammal ts not reclmmed wzth~n the mnety-slx (96) hour period, the ownerslup of the ammal shall revert to the Animal Centre1 Center Animals will be humanely destroyed or placed for adoption at the discretion of the Animal Control staff b Holding Fees for Impounded Dogs and Cats For the purpose of this Agreement, DENTON will charge Fffieen Dollars ($15 00) for the first day or part of a day and Five Dollars ($5 00) for each subsequent day holding fee that an animal ~s held at the Animal Control Center In determining the meamng of the term "animal" as used herein, it is agreed that a pregnant animal wluch has ~ts htter while being held, or an animal which is nurstng its litter and Is being kept ~n the same cage, will be considered one animal for the assessment of charges provided for in tbas Agreement This fee will be assessed against the owner of the ammal at the time the animal is reclaimed No animal will be released until all apphcable fees are paid in full c Holding of Ouarantme Animals DENTON agrees to accept and hold rabid suspects in quarantine for PONDER when condlnons permit, and such actxon ~s authorized by a representative of PONDER d Holding Fees for Quarantined Ammals The holdzng fee for quarantined animals shall be Fffieen Dollars ($15 00) for the fzrst day or part of a day and Five Dollars ($5 00) for each subsequent day that the ammal ~s held e Head Sbapments and Rabies Testing Upon request of PONDER, DENTON will prowde for the removal and shipment of heads of rabid suspects for cllmcal rabies testing at the Texas Department of Health The fee for th~s servme shall be Seventy Dollars ($70 00) for each head sh~pped B COVENANTS OF THE CITY OF PONDER 1 Fmancml Responmbflmes In order to reimburse DENTON for ~ts costs recurred under th~s Agreement, PONDER agrees to pay for the holding fees and euthanasia fees on dogs and cats received from PONDER or ~ts authorized agent if the ammal(s) is not reclatmed by the owner These fees will be assessed on the following basra a Euthan~zed Animal Fafteen Dollars ($15 00) for the first day or part of a day and Fxve Dollars ($5 00) for each subsequent day holdxng fee for each ammal as determined herexn, plus Thirty Dollars ($30 00) euthanasia fee b Adopted Animal Fxfteen Dollars ($15 00) for the first day or part of a day and F~ve Dollars ($5 00) for each subsequent day hol&ng fee for each ammal as determined here~n c Head Shzpments Seventy Dollars ($70 00) shipping fee ANIMALCONTROLINTERLOCALCOOPERATIONAORE£MENT--~NOER PAGB2OF5 2 DENTON will collect impound fees duly authonzed by PONDER and as specified in this paragraph from the owners of dogs and cats received from PONDER Impound fee monies will be apphed to fees owed DENTON by PONDER for amrnals not reclmmed by the owner IMPOUND FEE 1st Impoundment - $20 00 2nd Impoundment - $30 00 3rtl Impoundment - $45 00 4th Impoundment - $70 00 3 PONDER agrees payment shall be made within forty-five (45) days of receipt of mvotce by PONDER 2 DENTON agrees to and accepts full respons~bdlty for the acts, neghgence, and/or omissions of all DENTON's employees and agents, DENTON's subcontractors and/or contract laborers domg work under a contract or agreement w~th DENTON m performance of this Agreement with PONDER PONDER agrees to and accepts full responsibility for the acts, neghgence, and/or omissions of all PONDER's employees and agents, PONDER's subcontractors and/or contract laborers domg work under a contract or agreement with PONDER m performance of tlms Agreement w~th DENTON It is further agreed that if clmm or hablhty shall arise from the joint or concumng neghgence of both part,es hereto, it shall be borne by them comparatively m accordance w~th the laws of the State of Texas TI'ns paragraph shall not be construed as a wmver by e~ther party of any defenses available to understood that ~t is not the intention of the parties hereto to create habflaty for the benefit of third part, es, but that th~s Agreement shall be for the benefit of the partaes hereto 3 The fact that PONDER and DENTON accept certam responslb~ht~es relating to the collectmn and ~mpoundmg of dogs and cats under th~s Agreement as part of their respons~b~hty for promdmg protectmn for the pubhc health and welfare and, therefore, makes ~t imperative that the performance of these wtal servtces be recogmzed as a governmental ~mmumty shall be, and hereby revoked to the full extent possible under the law Neither DENTON nor PONDER watves or shall be deemed hereby to waive any ~mmun~ty or defense that would otherwise be available to ~t against the clmms arising from the exemme of governmental fimctlons 4 The term of this Agreement shall be for a period of one (1) year, cormnencmg as of October 1, 2001 and endmg September 30, 2002 Thereafter, thru Agreement shall be renewed for successive add~tmnal one (1) year terms commenmng on October I of each year ~f PONDER and ANIMAL CONTROL INTRRLOCAL COOP£RATIO~ AGREEMENT - PAOR 3 OF 5 DENTON agree m writing on or before the first day of October to a successive term and the amount of consideration to be prod hereunder for each successive term, provided, however, either party may terrmnate tins Agreement upon thirty (30) days written notice to the other 5 This Agreement represents the entire and integrated agreement between DENTON and PONDER and supersedes all prior negotiations, representations, and/or agreements, either written or oral Tins Agreement may be amended only by written instrument signed by both DENTON and PONDER 6 Tins 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 7 In the event that any po~on of ttus 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 8 The undersigned officer and/or agents of the parties hereto are the properly anthonzed officials and have the necessary anthonty to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending smd authority have been duly passed and are now in full force and effect EXECUTED in duplicate originals this the day of , 2001 CITY OF DENTON, TEXAS BY EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY ANIMALCONTROLINTERLOCALCOOPERATIONAGREEMENT-- ~NDE~ PAOE4OF5 APPROVED AS TO LEGAL FORM HERBERT L PKOUTY, CITY ATTORNBY CITY OF PONDER, TEXAS ATTEST By~~CITY SECRETARY APPROVED AS TO LEGAL FORM CITY ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT AGENDA INFORMATION SHEET AGENDA DATE: November 27, 2001 DEPARTMENT. Police ACM. Jon Fortune, Assistant City Manager, Pubhc Safety and Transportation SUBJECT Consider adoption of an orchnance authorizing the Mayor to execute an lnterlocal cooperation agreement between the C~ty of Denton, Texas, and the City of Roanoke, Texas, for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement, and providing for an effective date BACKGROUND The City of Denton has maintained an mterlocal agreement for the impoundment and disposition of dogs and cats with the City of Roanoke for the past ten years The animals delivered to the City of Denton under this agreement have not caused conditions of overcrowdIng at the Animal Control facility The agreement states that the City of Denton will provide the following services to the City of Roanoke for the impoundment and disposition of animals delivered to the City of Denton fzom the City of Roanoke (1) The City of Denton will hold these animals for ninety-six (96) hours if not claamed by an owner If the owner does not claim the animal within the prescribed ninety-slx (96) hours, the animals will be euthanlzed or made available for adoption (2) The City of Denton will accept and hold rabid suspects in quarantine for ten (10) days (3) The City of Denton will remove and ship the heads of rabid suspects for rabies testing by the Texas Department of Health For the services, the City of Roanoke agrees to pay fees set forth in the agreement as follows (1) A holchng fee in the amount of fifteen dollars ( 15 00) for the first day or part of a day and five dollars ($5 00) for each subsequent day per animal held for reclamation by the owner (2) A holding fee in the amount of fifteen dollars (15 00) for the first day or part of a day and five dollars ($5 00) for each subsequent day per animal held in quarantine as a rabies suspect (3) Thirty dollars ($30 00) for each ammal euthamzed (4) Seventy ($70 00) for each decapitation and shipment OPTIONS 1 The C~ty can choose not to renew the ~nterlocal agreement with Roanoke 2 The City can approve the ordinance and renew the ~nterlocal agreement RECOMMENDATION The Department recommends approval of the ordinance and renewal of the ~nterlocal agreement with the C~ty of Roanoke 1 The mterlocal agreement prowdes a valuable service to the mt~zens of Roanoke 2 The housing and d~sposal of dogs and cats for Roanoke has not, and ~s not projected to, create a hardship on the Ammal Control operation 3 The lnterlocal agreement ~s a source of revenue for the C~ty of Denton PRIOR ACTION/REVIEW The lnterlocal agreement was rewewed for legal form and content by the C~ty of Denton Legal Department The agreement was approved by the Roanoke C~ty Council FISCAL IMPACT The prescribed fees ~n the agreement are calculated to recover all costs of all services rendered and, therefore, tins agreement does not result m an ~ncrease m expenditures The prescribed fees do reflect the increase ~n fees that were approved during the budget process for the current fiscal year It ~s estimated that the revenue from this program w~ll be approximately $2,000 Respectfully submitted, Jon Fortune Interim Chief of Pohce Prepared by Joanle Housewnght Captain, Support Services D~v~s~on ORDiNANCE NO AN ORDiNANCE AUTHORIZiNG THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND THE CITY OF ROANOKE, TEXAS, FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT, AND PROVIDiNG FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Mayor, or in her absence the Mayor ProTem, ~s hereby authorized to execute an Interlocal Cooperation Agreement between the City of Denton and C~ty of Roanoke for the ~mpoundment and dasposltmn of dogs and cats, substant~ally m the form of the copy of whach ~s attached hereto and incorporated by reference hereto SECTION 2 That the C~ty Council anthonzes the collectmn of all fees as promded pursuant to the prowmons of smd Agreement SECTION 3 That this ordmance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED tins the day of ., 2001 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY /Tf-{~ "~6 STATE OF TEXAS § § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON § WHEREAS, the Ctty of Denton, Texas ("DENTON") and the Ctty of Roanoke, Texas ("ROANOKE") are both local governments w~th the authority and power to contract, and WHEREAS, DENTON ~s engaged tn the servtces of holding and dtspostng of dogs and cats for the benefit of the c~t~zens of DENTON, and WHEREAS, DENTON ~s the owner of certmn famht~es and eqmpment designed for the holdmg and d~spomtmn of dogs and cats and has in its employ trained personnel whose duties are related to the use of such famhttes and equipment, and WHEREAS, ROANOKE desires to obtain ~mpoundment and d~spos~tton servmes for dogs and cats rendered by DENTON, as more fully hereafter described, for the benefit of the cmzens of ROANOKE, and WHEREAS, ROANOKE and DENTON mutually desire to be subject to the prov~stons of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto, and WHEREAS, both DENTON and ROANOKE have the authority to perform the services set forth m th~s Agreement md~wdually m accordance w~th Texas Government Code §791 01 l(c), and WHEREAS, ROANOKE wtll make all payments for services out of avmlable current revenues, and DENTON agrees that the payments made by ROANOKE hereunder w~ll fmrly compensate ~t for the services provtded, NOW, THEREFORE, ROANOKE and DENTON, for the mutual cons~deratton hereinafter stated, agree as follows 1 A COVENANTS OF THE CITY OF DENTON 1 Holding of Dogs and Cats DENTON agrees to accept and hold dogs and cats lawfully tmpounded by authorized representatives of ROANOKE under the followmg terms and conditions a Holding Period for Dogs and Cats DENTON agrees to hold such dogs and cats for a period of nmety-s~x (96) hours from the t~me they are accepted by the Animal Control Center tn order to allow the owners of the impounded animal a reasonable amount of t~me to reclmm the tmpounded animal If the ammal ~s not ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMBNT - ROANOKE PAGE. I OF 5 reclaimed w~thm the ninety-six (96) hour period, the ownership of the animal shall revert to the Animal Control Center Animals will be humanely destroyed or placed for adoption at the discretion of the Animal Control staff b Holding Fees for Impounded Dogs and Cats For the purpose of this Agreement, DENTON will charge Fifteen Dollars ($15 00) for the first day or part of a day and Five Dollars ($5 00) for each subsequent day holding fee that an animal is held at the Animal Control Center In determining the meaning of the term "animal" as used herein, it is agreed that a pregnant animal which has its litter while being held, or an animal which is nursing its l~tter and is being kept in the same cage, will be considered one animal for the assessment of charges provided for in this Agreement This fee will be assessed against the owner of the animal at the t~me the animal is reclmmed No animal wall be released until all applicable fees are paid ~n full c Holding of Quarantine Animals DENTON agrees to accept and hold rabid suspects m quarantine for ROANOKE when conditions permit, and such action is authorized by a representative of ROANOKE d Holding Fees for Ouarantlned Animals The holding fee for quarantined animals shall be Fifteen Dollars ($15 00) for the first day or part of a day and Five Dollars ($5 00) for each subsequent day that the ammal is held e Head Shmments and Rabies TestmJl Upon request of ROANOKE, DENTON will provide for the removal and shipment of heads of rabid suspects for chmcal rabies testing at the Texas Department of Health The fee for this service shall be Seventy Dollars ($70 00) for each head slupped B COVENANTS OF THE CITY OF ROANOKE 1 Finanmal Responsibilities In order to reimburse DENTON for its costs incurred under tlus Agreement, ROANOKE agrees to pay for the holding fees and euthanasia fees on dogs and cats received from ROANOKE or its authorized agent if the animal(s) is not reclaimed by the owner These fees will be assessed on the following basis a Euthanized Animal Fffieen Dollars ($15 00) for the first day or part of a day and Five Dollars ($5 00) for each subsequent day holding fee for each animal as determined herein, plus Tlurty Dollars ($30 00) euthanasia fee b Adopted Animal Fffieen Dollars ($15 00) for the first day or part of a day and F~ve Dollars ($5 00) for each subsequent day holding fee for each animal as determlned herein c Head Shipments Seventy Dollars ($70 00) sh~ppmg fee 2 DENTON will collect impound fees duly authorized by ROANOKE and as spemfied in this paragraph from the owners of dogs and cats received from ROANOKE Impound fee momes will be applied to fees owed DENTON by ROANOKE for animals not reclaimed by the owner IMPOUND FEE 1st Impoundment - $20 00 2nd Impoundment - $30 00 3rd Impoundment - $45 00 4th Impoundment - $70 00 3 ROANOKE agrees payment shall be made within forty-five (45) days of receipt of invoice by ROANOKE 2 DENTON agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all DENTON's employees and agents, DENTON's subcontractors and/or contract laborers doing work under a contract or agreement with DENTON in performance of this Agreement with ROANOKE ROANOKE agrees to and accepts full respons~bihty for the acts, negligence, and/or omissions of all ROANOKE's employees and agents, ROANOKE's subcontractors and/or contract laborers doing work under a contract or agreement with ROANOKE m performance ofth~s Agreement with DENTON It is further agreed that if clmm or liability shall arise from the joint or concumng negligence of both parties hereto, it shall be borne by them comparatively m accordance w~th the laws of the State of Texas This paragraph shall not be construed as a waxver by either party of any defenses available to it under the laws of the State of Texas It is understood that it is not the intention of the panics hereto to create liability for the benefit of third parties, but that this Agreement shall be for the benefit of the parties hereto 3 The fact that ROANOKE and DENTON accept certain responsiblhtles relating to the collection and impounding of dogs and cats under this Agreement as part of their responslbdlty for pmmdlng protection for the public health and welfare and, therefore, makes it imperative that the performance of these vital services be recognized as a governmental immunity shall be, and is hereby invoked to the full extent possible under the law Neither DENTON nor ROANOKE waives or shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against the claims arising from the exercise of governmental functions 4 The term of this Agreement shall be for a period of one (1) year, commencing as of October 1, 2001 and ending September 30, 2002 Thereafter, this Agreement shall be renewed for successive addttlonal one (1) year terms commenmng on October 1 of each year tf ROANOKE and DENTON agree tn writing on or before the first day of October to a successtve term and the amount of cons~deratton to be pa~d hereunder for each successive term, provided, however, rather party may terminate thts Agreement upon thirty (30) days written nonce to the other 5 Th~s Agreement represents the enttre and integrated agreement between DENTON and ROANOKE and supersedes all prior negonattons, representations, and/or agreements, either written or oral Thts Agreement may be amended only by written mstrument s~gned by both DENTON and ROANOKE 6 Tbas Agreement and any of its terms or provtstons, as well as the rights and duttes of the partaes hereto, shall be governed by the laws of the State of Texas 7 In the event that any portton of thts Agreement shall be found to be contrary to law, tt ~s the mtent of the part, es hereto that the remmmng pomons shall remam vahd and m full force and effect to the extent posstble 8 The undermgned officer and/or agents of the parties hereto are the properly authorized officmls and have the necessary authority to execute flus Agreement on behalf of the parttes hereto, and each party hereby certffies to the other that any necessary resoluttons extending satd authority have been duly passed and are now m full force and effect EXECUTED m duphcate originals thts the day of , 2001 CITY OF DENTON, TEXAS BY EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CITY OF ROANOKE, TEXAS ATTEST CITY ~ APPRowr, AS TO LESAL FORM CITY ATTORNEY BY ANIMAL CONTROL INTBRLOCAL COOPERATION AGREEMENT - ROANOKE PAGE 5 OF 5 AGENDA INFORMATION SHEET AGENDA DATE' November 27, 2001 DEPARTMENT. Pohce ACM ~lon Fortune, Assistant City Manager, Public Safety and Transportation SUBJECT Consider adoption of an ordinance authorizing the Mayor to execute an lnterlocal cooperation agreement between the C~ty of Denton and Denton County for the ~mpoundment and d~sposit~on of dogs and cats and thc collection of fees pursuant to thc prows~ons of smd agreement, and providing for an effective date BACKGROUND This ~s the ¢lghteenth year that Denton County has requested an ~nterlocal agreement for these services The ammals dehvered by Denton County have not resulted ~n overcrowding at thc Anunal Control facthty The agreement states that the C~ty of Denton will provide the following services to Denton County for the ~mpoundment and thsposit~un of animals delivered to thc C~ty of Denton from Denton County (1) The C~ty of Denton vall hold these animals for ninety-six (96) hours ff not cla~med by an owner If the owner does not clatm the animal within the prescribed ninety-slx (96) hours, the animals vail be euthanlzed or made available for adopt~un (2) The C~ty of Denton will accept and hold rabid suspects in quarantine for ten (10) days (3) The C~ty of Denton vail remove and sh~p the heads of rabid suspects for rabies testing by the Texas Department of Health For the services, Denton County agrees to pay fees set forth in the agreement as follows (1) A holding fee ~n the amount of fifteen dollars (15 00) for the first day or part of a day and five dollars ($5 00) for each subsequent day per animal held for reclamation by the owner (2) A holthng fee ~n the amount of fifteen dollars (15 00) for the first day or part of a day and five dollars ($5 00) for each subsequent day per animal held ~n quarantine as a rabies suspect (3) Thirty dollars ($30 00) for each ammal euthamzed OPTIONS 1 The Cxty can choose not to renew the mterlocal agreement w~th Denton County 2 The City can approve the ordinance and renew the ~nterlocal agreement RECOMMENDATION The Department recommends approval of the ordinance and renewal of the ~nterlocal agreement w~th Denton County 1 The mterloeal agreement promdes a valuable service to servme to the c~t~zens of Denton County 2 The housing and dmposal of dogs and cats has not, and ~s not projected, to create a hardship Ammal Control operation 3 The mterlocal agreement is a source of revenue for the C~ty PRIOR ACTION/REVIEW The attached ~nterlocal agreement and ordinance has been reviewed for legal form and content by the C~ty of Denton Legal Department The agreement was approved by the Denton County Comm~ssxoners Court on November 9, 1999 FISCAL IMPACT The prescribed fees m the agreement are calculated to recover all costs of all services rendered and, therefore, th~s agreement does not result ~n an increase ~n expenditures Based on prior years, ~t ~s estimated that this agreement w~ll generate approximately $35,000 ~n revenue Respectfully submitted, Jon Fortune Prepared by Interim Chief of Pohce Joan~e Housewnght Captmn, Support Services Dlwmon 0KDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN 1NTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Mayor, or m bas absence the Mayor ProTem, ~s hereby authorized to execute an Interlocal Cooperation Agreement between the City of Denton and Denton County for the ~mpoundment and chsposlt~on of dogs and cats, substant, ally ~n the form of the copy ofwbach is attached hereto and incorporated by reference hereto SECTION 2 That the C~ty Council authorizes the collection of all fees as provided pursuant to the prowmons of smd Agreement SECTION 3 That this ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED this the day of _, 2001 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY STATE OF TEXAS § § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON § This Agreement made and entered into by and between the City of Denton, Texas, acting herein by and through ItS Mayor, duly authorized by resolution of the City Council of' said City (hereinafter called "CITY"), and the County of Denton, Texas, acting herein by and through its County Judge, duly authorized by court order of the Commissioners Court of Denton County, Texas (hereafter called "COUNTY") WHEREAS, CITY and COUNTY are both local governments with the authority and power to contract, and WHEREAS, CITY is engaged In the services of holding and disposing of dogs and eats for the benefit of the e~tlzens of Denton, and WHEREAS, CITY as the owner of certain facilities and equipment designed for the holding and d~spos~tlon of dogs and cats and has in 1ts employ trained personnel whose duties are related to the use of such faolhties and eqmpment, and WHEREAS, COUNTY desires to obtmn unpoundment and chspos~tlon services for dogs and cats rendered by CITY, as more fully hereafter described, for the benefit of the residents of the Denton County, Texas, and WHEREAS, COUNTY and CITY mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interloeal Cooperation Act and contract pursuant thereto, and WHEREAS, COUNTY and CITY have the authority to perform the services set forth in this Agreement individually m accordance with Texas Government Code §791 011 (e), and WHEREAS, COUNTY will make all payments for services out of available current revenues and CITY agrees that the payments made by COUNTY hereunder will fairly compensate it for the services provided, NOW, THEREFORE, the COUNTY and the CITY, for the mutual consideration hereinafter stated, agree as follows 1 A COVENANTS OF THE CITY OF DENTON 1 Holding of Dogs and Cats CITY agrees to accept and hold dogs and cats lawfully ~mpour~ded by authorized representatives of COUNTY under the following terms and conditions a Holding Penod for Dogs and Cats CITY agrees to hold such dogs and cats for a period of ninety-six (96) hours from the time they are accepted by the Animal Control Center in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the impounded animal If the animal is not reclmmed within the ninety-six (96) hour period, the ownership of the animal shall revert to the Animal Control Center Animals will be humanely destroyed or placed for adoption at the discretion of the Animal Control staff b Holding Fees for Impounded Dogs and Cats For the purpose of this Agreement, CITY will charge Fifteen Dollars ($15 00) for first day or part of a day and Five Dollars ($5 00) for each subsequent day holding fee that an animal is held at the Animal Control Center In determimng the meaning of the term "ananal" as used herein, it is agreed that a pregnant animal which has its litter while being held, or an animal which is nursing its litter and is being kept in the same cage, will be considered one animal for the assessment of' charges provided for in this Agreement This fee will be assessed agmnst the owner of the animal at the time the ammal is reclmmed No animal will be released until all applicable fees are paid in full c Holdme of Ouarantme Animals CITY agrees to accept and hold rabid suspects in quarantine for COUNTY when conditions permit, and such action is authorized by a representative of COUNTY d Holding Fees for Quarantined Animals The holding fee for quarantined animals shall be Fifteen Dollars ($15 00) for the first day or part ora day and Five Dollars ($5 00) for each subsequent day that the animal is held e Head Shipments and Rabies Testm~ Upon request of COUNTY, CITY will provlde for the removal and shipment of heads of rabid suspects for ehmcal rabies testing at the Texas Department of Health The fee for this service shall be Seventy Dollars ($70 00) for each head shipped B COVENANTS OF DENTON COUNTY 1 Flnanclal Responsibilities In order to reimburse CITY for its costs lncuned under this Agreement, COUNTY agrees to pay for the holding fees and euthanasia fees on dogs and cats received from COUNTY or its authorized agent if the animal(s) is not reclaimed by the owner These fees will be assessed on the following basis a Euthamzed Animal Fifteen Dollars ($15 00) for the first day or part of a day and Five Dollars ($5 00) for each subsequent day holding fee for each animal as determined herein, plus Thirty Dollars ($30 00) euthanasia fee ANIMALCONTROLINTBRLOCALCOOP~RATIONAGRBBMENT--COUNT¥ ~AGB2OP~ b Adopted Ammal Adopted Ammal Fifteen Dollars ($15 00) for the first day or part of a day and Five Dollars ($5 00) for each subsequent day holding fee for each animal as determined herein c Head Shipments Seventy Dollars ($70 00) shipping fee 2 CITY will collect impound fees duly authorized by COUNTY and as specified ~n th~s paragraph from the owners of dogs and cats received from COUNTY Impound fee momes will be applied to fees owed CITY by COUNTY for ammals not reclaimed by the owner IMPOUND FEE 1st Impoundment - $20 O0 2nd Impoundment - $30 00 3rd Impoundment - $45 00 4th Impoundment - $70 00 3 COUNTY agrees payment shall be made within forty-five (45) days of receipt of invoice by COUNTY 2 CITY agrees to and accepts full respons~blhty for the acts, negligence, and/or ore, salons of all CITY's employees and agents, CITY's subcontractors and/or contract laborers doing work under a contract or agreement with CITY m performance of this Agreement w~th COUNTY COUNTY agrees to and accepts full responsibility for the acts, neghgenee, and/or ormssmns of all COUNTY's employees and agents, COUNTY's subcontractors and/or contract laborers doing work under a contract or agreement with COUNTY in performance of this Agreement w~th CITY It rs further agreed that ff clmm or habfuty shall arise from the joint or eoncurnng negligence of both parties hereto, it shall be borne by them comparatively m accordance wtth the laws of the State of Texas Th~s paragraph shall not be construed as a waiver by e~ther party of any defenses available to it under the laws of the State of Texas It ~s understood that ~t ~s not the ~ntentlon of the parties hereto to create habflity for the benefit of third parties, but that this Agreement shall be for the benefit of the parties hereto 3 The fact that COUNTY and CITY accept eertmn responsibilities relating to the collection and impounding of dogs and eats under th~s Agreement as part of their responslbthty for prowding protection for the public health and welfare and, therefore, makes it Imperative that the performance of~thase vital services be reeogmzed as a governmental immumty shall be, and m hereby invoked to the full extent possible under the law Neither CITY nor COUNTY wmves or shall be deemed hereby to waive any ~mmumty or defense that would otherwise be available to ~t against the claims arising from the exercise of governmental functions ANIMAL CONTROL INTERL.OCAL COOPERATION AGREEMENT - COUNTY 4 The term of this Agreement shall be for a period of one (1) year, commencmg as of October 1, 2001 and ending September 30, 2002 Thereafter, this Agreement shall be renewed for successive additional one (1) year terms commencing on October 1 of each year ff COUNTY and CITY agree In writing on or before the first day of October to a successive term and the amount of consideration to be paid hereunder for each sueeesmve term, provided, however, either party may terminate this Agreement upon thirty (30) days written notice to the other 5 This Agreement represents the entire and integrated agreement between CITY and COUNTY and snpersedes all prior negotmt~ons, representations, and/or agreements, either written or oral Thas Agreement may be amended only by written instrument signed by both CITY and COUNTY 6 This Agreement and any of ~ts terms or provls~ons, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas 7 In the event that any portion of th~s Agreement shall be found to be contrary to law, it is the intent of the partms hereto that the remaining portions shall remain vahd and m full force and effect to the extent possible 8 The undersigned officer and/or agents of the parties hereto are the properly authorized offimals and have the necessary authonty to execute tlus Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutmns extending said authority have been duly passed and are now m full force and effect EXECUTED in duphcate onglnals this the day of ~ 2001 CITY OF DENTON, TEXAS BY EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY DENTON COUNTY, TEXAS COUNTY JUDGE / ATTEST DENTON COUNTY CLERK BY - II APPR VED AS TO LEGAL FORM DISTRICT A~TTORNEY ....... AGENDA INFORMATION SHEET AGENDA DATE November 27, 2001 Questions concerning th~s acqmsmon may be directed DEPARTMENT. Materials Management to J~m Coulter 349-7194 ACM Kathy DuBose, Fiscal and Municipal Servtces¥,~t lq//ff~L SUBJECT' An Ordinance providing for the expenditure of funds for the emergency purchase of security fencing in accordance with provisions of State law exempting such purchases from reqmrements of competitive bidding, and prowdlng an effective date (Purchase Order 101196 to Humcane Fence Co in the amount of $27,702) PURCHASE ORDER INFORMATION Purchase Order 101196 is for the emergency purchase of security fencing at the City of Denton Water Production Plant (See attached memo from Jim Coulter, Director of Water Utlhtles, Traffic and Streets) Chapter 252 of the Texas Local Government Code exempts emergency pumhases from the competitive b~d process RECOMMENDATION We recommend Purchase Order 101196 to Humcane Fence Co be approved ~n the amount of $27,702 PRINCIPAL PLACE OF BUSINESS Hurricane Fence Co Denton, TX ESTIMATED SCHEDULE OF PROJECT Construction was started on November 6, 2001 and is scheduled for completmn on or before the first week in December 2001 FISCAL INFORMATION This emergency purchase will be funded from 2001-2002 Water Production Division budget account 63003000 1360 40100 Agenda In£ormatmn Sheet November 27, 2001 Page 2 Re~ct fully ~u~tted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 101196 to Hurricane Fence Co Attachment 2 Quotatmn dated Attachment 3 Emergency j ustfficat~on memo 1660 Agenda 2 Attachment 2 HURRICANE F~NC~. CO 2200 I H.35 W. DENTON, TX 76207 940_387-1718 FAX~ 380-1397 plOp 0 B AL / C ON T R~ C T 10-17-2001 Job Informat Ion' Customer Information- Clt~ o~ Kei~ Sandafer Same ~N ~ TX N~e~: 2 ' 18" ~p~ter f~ce and add Approved & Accepted for ~stomer Con~ract ~t' $ 11868.20 C~t~r Oat. ~ pa~ent: $ AcceDted for ~I~ F~CE CO.. ~lance Due' $ -- ~l~r~ -- o.,. " Attachment 2 ~TRRICAN~. FF~C~ CO 2200 I.H.35 W. DENTON, TX 76207 940-387-IT18 FAX~ 380-1397 pROPO BAL / cONTRJ% CT 10-16-2001 Customer Information: .... ~ Job Information ~'I~N ~ ~, TX I~cl~d~$ 3 sets of 20' double gates~ 1 ~mn~llever ~&te~ and auto gat~ j ~}~nt, aS ~er o~ dlscu~$~on 1~ 01' EleC%ric and intercom done Approv~ & Accepted for ~st~er. ~aCt ~t' $ 1~83~ 51_ c~ ~ Pa~ent' $ Ack. ed for ~~ F~CE CO ~la~ce Due. $ ~ ~ ~ ~ Attachment 3 WATER UTILITIES [ WATER PRODUCTION DIVISION (940) 349-7501 * FAX (940) 349-7506 1701 B SPENCER RD, DENTON, TEXAS 76205 To Tom Shaw, Purchasing Agent From hm Coulter, D~rector of Water Uttht~es, Traffic and Streets Through Howard Mart~n, Assistant C~ty Manager, Utthtles ~ Date October 25, 2001 Subject Emergency Purchase Order for secur,ty fence around the Lake Lew~svllle Water Treatment Plant Tom Under Howard's direction and mfonnatmn obtmned from the Water Production Manager's letter dated October 24, 2001, I am requesting that an emergency purchase order be generated to accelerate an enhancement to the security fencing around the water treatment plant Howard had asked each of h~s Director's to rewew their d~vls~ons and determine tf any security enchancements were necessary as a result of the events of September 11, 2001 and the security alerts ~ssued by the Federal Bureau of lnvestlgatmn Some ~mprovements have occurred with the use of existing resources, but m the case of fenmng at the water treatment plant, addmonal resources are needed To enchance the securtly at the water treatment plant exped~tmusly, an emergency purchase order to Humcane Fence Company ~n the amount of $27, 702 00 ~s reqmred Thank you for your assistance m this matter 6 "Dedtcated to Quahty Servzce www cttyofdenton corn ORDINANCE NO AN ORDINANCE PROVDING FOR THE EXPENDITURE OF FUNDS FOR THE EMERGENCY PURCHASE OF SECURITY FENCING IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BDD1NG, AND PROVDING AN EFFECTIVE DATE (PURCHASE ORDER 101196 TO HURRICANE FENCE CO IN THE AMOUNT OF $27,702) WHEREAS, state law and ordinance require that certain contracts requlnng an expenditure or payment by the City m an amount exceeding $25,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to reheve the necessity of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment, and, WHEREAS, the City Manager has recommended to the City Council that it is necessary to purchase goods or services due to the emergency conditions outlined in the file of the office of the City's Purchasing Agent, which is incorporated herein by reference and is in compliance with the reqmrements of Subsection Chapter 252 022 (2) of the Texas Local Government Code, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the C~ty Council hereby determines that tNs procurement is necessary to preserve and protect the public health and safety of the City's residents, and the following emergency purchases of matenals, equipment, supphes or services, as described in the "Pumhase Orders" referenced herein and on file the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 101196 Humcane Fence Co $27,702 SECTION 2 That because of such emergency, the C~ty Manager or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts there~n stated, such emergency pumhases being in accordance w~th the prowslons of state law exempting such purchases by the City from the requirements of competitive bids SECTION 3 This ordinance shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED thts the __ day of ., 2001 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ! 01196 EMERGENCY PURCHASE ORDER ORDINANCE -11/0 ! AGENDA INFORMATION SHEET AGENDA DATE: November 27, 2001 DEPARTMENT Management and Budget ACM. Kathy DuBose, Assistant City Manager, Fiscal and Municipal Services SUBJECT Consider approval of a resolution to declare the intent to reimburse expenditures from the unreserved retmned earmngs of the Wastewater Fund w~th proceeds from revenue bonds and provide an effective date BACKGROUND The Wastewater department ~s requestmg a reimbursement resolution m thc amount of $7,000,000 The funds w~ll be provided by the Wastewater Fund unreserved retmned earnings and will be reimbursed w~th revenue bonds sold m fiscal year 2001-02 The funds w~ll be used to continue funding the expansion of the Wastewater Plant approved m the 2000-01 Capital Improvement plan PRIOI~ ACTION/REVIEW (Council. Boards, Commissions) Approved by the Pubhe Ut~ht~es Board on November 12, 2001 FISCAL INFORMATION Th~s resolution w~ll allow $7 m~lhon from the Wastewater Fund unreserved retained earnmgs to be expended and subsequently reimbursed w~th revenue bonds EXHIBITS Resolution RESOLUTION NO A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED RETAINED EARNINGS OF THE WASTEWATER FUND WITH REVENUE BONDS SO THAT A PROJECT APPROVED 1N THE 2000-2001 CAPITAL IMPROVEMENT BUDGET MAY BE COMMENCED, AND PROVIDING AN EFFECTIVE DATE (PROJECT- $7,000,000 00 FOR WASTEWATER PLANT EXPANSION) WHEREAS, the City of Demon (the "Issuer") ~s a mumc~pal corporatlon/pol,tmal subdivision of the State of Texas, and WHEREAS, the ~ssuer expects to pay expenditures in connection w~th the design, planning, and construction for C~ty improvements which were prewously approved ~n the 2000- 2001 CIP Budget as the wastewater plant expansion and are more fully described ~n Attachment "A" (the "Project"), and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its ~ntentlon, in accordance w~th the promsmns of Section 1 150-2 Treasury Regulataons, to reimburse ~tself for such payments at such tame as It issues the obligations to finance the Project, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The Issuer reasonably expects to ~ncur debt, as one or more series of obligations, with an aggregate maximum pnnc~pal amount equal to $7,000,000 00 for the purpose of paying the costs of the ProJect, as set forth m the attached Attachment "A" whmh ~s made a part of this resolution for all purposes SECTION 2 All costs to be rmmbursed w~ll be for design and capital ~mprovement expenditures No tax-exempt obhgatlons w~ll be issued by the Issuer ~n furtherance of th~s resolutaon after a date which ~s later than 18 months after the later of (1) the date the expenditures are prod, or (2) the date on which the property, w~th respect to which such expenditures are made, ~s placed m servme All amounts expended from the Unreserved Retmned Earnings for the ProJects to pay any costs of the Projects shall be reimbursed from Revenue Bond proceeds within the 2001-2002 fiscal year SECTION 3 The foregoing notwithstanding, no tax-exempt obhgataon w~ll be ~ssued pursuant to this resolutmn more than three years after the date any expenditure which is to be reimbursed ~s prod SECTION 4 This resolutaon shall become effectave lmmedmtely upon its passage and approval PASSED AND APPROVED th~s the day of ., 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Page 2 ATTACHMENT A Expansion of Wastewater Plant $7,000,000 O0 Page 3 AGENDA INFO~ATION SHEET AGENDA DATE November 27, 2001 Questmns concemmg ~ls acqms~tmn may be dtrected DEP~TMENT Materials M~agement to J~m Coulter 349-7194 ACM Kathy D~ose, Fiscal ~d Mumclpal Scarcest' ~ ~ SUBJECT An Or&nance accepting competitive bids and awar&ng a pubhc works contract for the construction of the Pecan Creek Water Reclamation Plant Expansmn, prowdmg for the expen&ture of funds therefore, and provt&ng an effective date (Btd 2734 - Pecan Creek Water Reclamation Plant Expansion awarded to Archer Western Contractors, Ltd, ~n the amount of $16,930,000) BID INFORMATION Thts b~d ~s for the expanmon of the Pecan Creek Water Reclamation Plant from the current rating of 15 mflhon gallons per day (MGD) to 21 MGD per day, w~th peak flow going from 35 MGD to 46 MGD Major components oftlus expansion project are ad&tmn of new filter screens, waste water ptunpmg station, primary and secondary clanfiers, aeration bas~n, new blower, UV d~slnfect~on system, RAS/WAS pump station, upgrade of &gesters and approximately 6 acres of concrete for the compostmg operation PRIOR ACTION OR APPROVAL: PUB Approved the prehmmary design servmes contract w~th Camp Dresser & McKee (CDM) PUB Approved the final design services contract with CDM on August 21, 2000 PUB Approved the addmonal enganeenng services with CDM on September 17, 2001 City Council Approved the prehmmary design servmes contract w~th CDM on May 11, 2000 C~ty Council Approved the final design services contract w~th CDM on September 27, 2001 PUB Revtewed and recommended approval to Archer Western Contractors, Ltd on November 12, 2001 RECOMMENDATION We recommend the b~d be awarded to the lowest responsible bidder, Archer Western Contractors, Ltd in the amount of $16,930,000 pRINCIPAL PLACE OF BUSINESS Archer Western Contractors, Ltd Arhngton, Texas Agenda Information Sheet November 27 2001 Page 2 ESTIMATED SCHEDULE OF PROJECT Construction ~s scheduled to be completed within 24 months from the notice to proceed, or approximately December of 2003 FISCAL INFORMATION The FY 2002 Capital Improvement Project(s) budget included $19,500,000 for the Pecan Creek Wastewater Reclamatton Plant Expansion Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment I Tabulation Sheet 1663 Agenda 2 Attachment 1 3 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE PECAN CREEK WATER RECLAMATION PLANT EXPANSION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2734 - PECAN CREEK WATER RECLAMATION PLANT EXPANSION AWARDED TO ARCHER WESTERN CONTRACTORS, LTD, IN THE AMOUNT OF $16,930,000) WHEREAS, the Ctty has sohctted, recetved and tabulated compet~ttve btds for the construction ofpubhc works or tmprovements tn accordance wtth the procedures of STATE law and Ctty ordinances, and WHEREAS, the City Manager or a destgnated employee has received and recommended that the here~n described b~ds are the lowest responsible btds for the constmctton of the pubhc works or tmprovements described m the btd mwtat~on, b~d proposals and plans and spectficat~ons therem, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS SECTION I That the following compet~ttve bids for the constmctmn ofpubhc works or ~mprovements, as described tn the "B~d Inv~tatmns", "Bid Proposals" or plans and specfficat~ons on file tn the Office of the Ctty's Purchasing Agent filed accordtng to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible btds BID NUMBER CONTRACTOR AMOUNT 2734 Archer Western Contractors, Ltd $16,930,000 SECTION II That the acceptance and approval of the above competitive btds shall not constitute a contract between the Ctty and the person submitting the b~d for constmctton of such pubhc works or ~mprovements here~n accepted and approved, untd such person shall comply w~th all requirements spe¢ffied in the Notme to B~dders including the t~mely execution ora written contract and furmshmg of performance and payment bonds, and insurance certfficate after notfficatton of the award of the b~d SECTION III That the Ctty Manager ts hereby authorized to execute all necessary written contracts for the performance of the construction of the pubhc works or tmprovements in accordance w~th the b~ds accepted and approved hereto, provided that such contracts are made tn accordance wtth the Notme to B~dders and Btd Proposals, and documents relattng thereto specifying the terms, cond~ttons, plans and spemficattons, standards, quant~ttes and specffied sums contatned theretn SECTION IV That upon acceptance and approval of the above competitive bids and the execution,of contracts for the pubhc works and ~mprovements as authorized here~n, the C~ty Council hereby authorizes the expenditure of funds ~n the manner and in the amount as specified in such approved blds and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ,2001 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BID 2734 - CONTRACTUAL ORDINANCE AGENDA INFORMATION SHEET AGENDA DATE. November 27, 2001 Questxons concerning tins acqmmtlon may be directed DEPARTMENT: Matenals Management to Jim Coulter 349-7194 ACM Kathy DuBose, F~scal and Mumc~pal Serv~ce~[~ SUBJECT: An ordinance of the City of Denton, Texas authorizing the C~ty Manager to execute a professional services agreement w~th Isbell Engmeenng Group, Inc for material testing services related to the Pecan Creek Water Reclamation Plant Expansion Project, Authorizing the expenditure of funds therefore, and prowdmg an effective date BID INFORMATION' The Pecan Creek Water Reclamatmn Plant (PCWRP) Expanmon Project was advemsed for Inds on September 26, 2001 B~ds were received on October 30 The low Ind from Archer Western Contractors, Ltd ~s scheduled for PUB and C~ty Council ~n November Construction ~s expected to begin the second week of December Dunng the construction of tins project, testang serwces for material testing to comply w~th the specifications are reqmred These tests w~ll ~nclude testing of concrete, compaction testing of foundations, relates earthwork and p~pe trenches Isbell Engmeenng Laboratones (Isbell) ~s currently prowd~ng material testing services for the Lake Ray Roberts Water Treatment Plant construction project Their performance on the project has been qmte satisfactory Their laboratory ~s close to the PCWRP resulting ~n lower response and travel time As the performance of Isbell ~s qmte satisfactory at the water plant project, staff sohcxted a proposal from Isbell for matenal testing services Isbell has submitted a proposal for these services at the PCWRP The estimated cost of the testing services is $33,000 (See Attachment 1) OPTIONS: 1 Approve the proposal from Isbell Englneenng Laboratories 2 ReJect the Isbell proposal and sohclt proposals from other testing laboratories RECOMMENDATION' Staff recommends approval of the proposal from Isbell Eng~neenng Laboratories to prowde material testing services PRIOR ACTION/REVIEW (Councd~ Boards, Comm~ssxons]- PUB Approved the preh.mmary deslg~ services contract w~th CDM on May 3, 1999 PUB Approved the final design services contract with CDM on August 21, 2000 PUB Approved the additional engineering services with CDM on September 17,200t City Council Approved the prehmmary design services contract w~th CDM on May 11, 2000 City Council Approved the final design sennces contract wath CDM on September 12, 2000 C~ty Council Approved the addltxonal engmeenng serrates w~th CDM on September 27, 2001 ESTIMATED SCItl*~I)ULE OF PROJECT Construction is scheduled to be complete w~thm 24 months upon noUce to proceed FISCAL IMFORM_~TION' 19 5 nnlllon dollars is included m the FY2002 for the PCWRP expansion project (See Extnblt' See Extublt I Respectfully subrmtted Jan Coulter D~rector Water UUhUes Prepared by Revzewed By P S Arora, P E AsslstantDtrectorWastewater Tom Shaw, C P M , 349-7100 Purchasing Agent Attachment 1 Isbell Engzneerzng Laboratormes Cost Proposal ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ISBELL ENGINEERING GROUP, INC FOR MATERIAL TESTING SERVICES RELATED TO THE PECAN CREEK WATER RECLAMATION PLANT EXPANSION PROJECT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems that it is m the pubhc ,nterest to engage Isbell Englneenng Laboratories, a Division of Isbell Engmeenng Group, Inc, a Corporation, of Singer, Texas ("Isbell"), to provide professmnal engineenng and material testing services pertmmng to concrete, roller compacted concrete, soil compaction, and fotmdat~on preparation for the Pecan Creek Water Reclamation Plant Expansion Project, and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-referenced profesmonal engmeenng services, and that hmited City staff cannot adequately perform the specmhzed services and tasks w~th 1ts own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Profeas~onal Services Procurement Act", generally prowdes that a City may not select a prowder of profass~onal services on the bas~s of competitive b~ds, but must select the provider on the barns of demonstrated competence, knowledge, and quahficat~ons, and for a fmr and reasonable price, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager ~s hereby authorized to execute a Professional Services Agreement w~th Isbell Eng~neenng Group, Inc, a CorporaUon, of Singer, Texas, for profesmonal engineering and material testing services pertaining to the Pecan Creek Water Reclamatmn Plant Expansion Project, an substantially the form of the Professional Serwces Agreement attached hereto and mcorporated herewith by reference SECTION 2 That the award of th~s Agreement by the City ~s on the basis of the demonstrated competence, knowledge, and qualifications of Isbell and the demonstrated abthty of Isbell to perform the servaeas needed by the City for a fmr and reasonable price SECTION 3 That the expenditure of funds as provided m the attached Professional Services Agreement m hereby authorized SECTION 4 That this ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s the __ day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Ordmances\Ol\Isbell Engr-Testmg PSA Pecan Creek Expanston Plant doc STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR MATERIAL TESTING SERVICES RELATED TO PECAN CREEK WATER RECLAMATION PLANT EXPANSION PROJECT THIS AGREEMENT ~s made and entered ~nto as of the __ day of , 200I, by and between the City of Denton, Texas, a Texas Mummpal Corporation, w~th its pnnmpal offices at 215 East McKanney Street, Denton, Texas 76201 (hereinafter "OWNER"), Isbell Englneenng Laboratories, a Dlws~on of Isbell Eng~neenng Group, Inc, a Corporation, with its corporate offices at 1004 Maple, State 107 Sanger, Texas 76266 (hereinafter "CONSULTANT"), the parties acting hereto by and through their respectave duly-authorized representatives and officers WlTNESSETH, that m consideration of the covenants and agreements here~n contained, the part, es hereto do mutually AGREE as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts w~th CONSULTANT, as an ~ndependent contractor, and the CONSULTANT hereby agrees to perform the semces here~n in connectmn with the ProJect as stated in the Articles to follow, with chhgence and ~n accordance w~th the professional standards customarily obtained for such servmes m the State of Texas The professional servmes set forth hereto are m connection w~th the following described project (the "ProJect') Pmwdmg professional material testing services pertaining to concrete, roller compacted concrete, soil compactaon, and foundation preparation for the Pecan Creek Water Reclamation Plant Expansion ProJect ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services ~n a professional manner A To perform those serwces as are set forth m the attachments cons~stang of four (4) pages, mcluchng the letter of November 2, 2001 and the Cost Proposal dated November 5, 2001, fi.om Jud Sherman, P E, Manager of CONSULTANT to P S Arora, P E, Assistant Director, Wastewater Utlhty, City of Denton, wbach letter and cost proposal ~s attached hereto as Extub~t "A" and the same ~s incorporated herewith by reference B If there m any conflict that arises between the terms of th~s Agreement and Exhsb~t "A" attached to ttus Agreement, then the terms and contht~ons of tins Agreement shall control over the terms and condstions of the attached Extnb~t Page 1 of 9 ARTICLE III ADDITIONAL SERVICES Any Additional Serrates to be performed by CONSULTANT, ~f authonzed by OWNER, winch are not included as Basle Services in the above-described Scope of Servmes, set forth m Article II above, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine, m wntmg, the scope of such Additional Servmes, the amount of compensation for such additional services, and other essential terms pertalmng to the prows~on of such Additional Services by CONSULTANT ARTICLE IV PERIOD OF SERVICE The part,es hereby agree that ttus Agreement shall be effective upon ~ts execution by OWNER and CONSULTANT, and upon the ~ssuance of a notice to proceed by the OWNER Tins Agreement shall remain m force for the period that may reasonably be required for the completmn of the Project, mclurhng Adchtlonal Servmes, ~f any, and any reqmred extensions approved by the OWNER Ttus Agreement may be sooner terminated m accordance with the pmwsmns hereof T~me ~s of the essence m the performance and completion of tins Agreement CONSULTANT shall make all reasonable efforts to complete the servmes set forth hereto as exped~ttously as possible and to meet the schedule(s) reasonably estabhshed by the OWNER ARTICLE V COMPENSATION A COMPENSATION TERMS OWNER shall, upon satisfactory completion of the ProJect, pay to CONSULTANT a fee and out-of-pocket expenses not to exceed $33,300 B BILLING AND PAYMENT For and m consideration of the professmnal services to be performed by CONSULTANT hereto, OWNER agrees to pay CONSULTANT, based upon the satisfactory completaon of the Basra Services tasks set forth m the Scope of Services as shown in Artacle II above, as follows 1 Nothmg contained m tlus Article shall reqmre the OWNER to pay for any work that is not submitted ~n comphance w~th the terms of tins Agreement OWNER shall not be reqmred to make any payments to CONSULTANT at any t~me when CONSULTANT ~s m default under tins Agreement 2 It is specffically understood and agreed that the CONSULTANT shall not be authonzed to undertake any work pursuant to tins Agreement winch would reqmre add~taonal payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed amount as stated heremabove, w~thout first having obtained the prior written authonzatton of the OWNER CONSULTANT shall not proceed to perform any services to be later provided for under Article III "Add~tional Services" w~thout first obtaamng prior written authonzat~on Page 2 of 9 from the OWNER C ADDITIONAL SERVICES For Additional Services anthonzed m wntmg by the OWNER m Article III heremabove, CONSULTANT shall be prod based on a to-be-agreed- upon Schedule of Charges Payments for Add, t~onal Services shall be due and payable upon submmmon by the CONSULTANT, and shall be prod m accordance w~th A~t~cle V B heremabove Statements £or Basac Services and any Adthtlonal Services shall be subnntted to OWNER no more frequently than unee monthly D PAYMENT If the OWNER fmls to make payments due the CONSULTANT £or services and expenses w~thm finrty (30) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from and after the smd thu't~eth (30th) day, and m addmon, thereafter, the CONSULTANT may, a~ter g~vmg ten (10) days written not,ce to the OWNER, suspend services under fins Agreement until the CONSULTANT has been prod ~n full for all amounts then due and owing, and not disputed by OWNER, for serwces, expenses and charges Prowded, however, nofinng herein shall reqmre the OWNER to pay the late charge of one percent (1%) per month as set forth herein, ff the OWNER reasonably determines that the CONSULTANT's work m not submitted an accordance w~th the terms of fins Agreement, m accordance with Article V B of fins Agreement, and OWNER has promptly notified CONSULTANT of that £act in writing ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due dthgence ~n chscovenng and promptly reporting to the OWNER any defects or defic~enctes m the work of CONSULTANT ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furmshed by the CONSULTANT pursuant to tins Agreement are instruments of service and shall become the property of the OWNER upon the tenmnaUon of tins Agreement The CONSULTANT m entatled to retain copaes of all such documents The documents prepared and funushed by the CONSULTANT are intended only to be apphcable to fins project and OWNER's use of these documents m other projects shall be at OWNER's sole risk and expense In the event the OWNER uses the Agreement m another project or for other purposes than specified hereto any of the mformatxon or materials developed pursuant to tins agreement, CONSULTANT m released from any and all habfl~ty relating to their use ~n that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall prowde serwces to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or clann any right anmng from employee status Page 3 of 9 ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall mdemmfy and save and hold harmless the OWNER and ~ts officials, officers, agents, attorneys and employees from and agmnst any and all habthty, clmms, demands, damages, losses and expenses, including but not hm~ted to court costs and reasonable attorney fees incurred by the OWNER, and including w~thout hm~tatlon damages for bochly and personal injury, death, or property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, attorneys and employees in the executmn, operation, or performance of tins Agreement Nottung in tlus Agreement shall be construed to create a hablhty to any person who is not a party to tlus Agreement and nothing hereto shall wmve any of the party's defenses, both at law or eqmty, to any claim, cause of actton or htagatnon filed by anyone not a party to t!us Agreement, including the defense of governmental nnmumty, which defenses are hereby expressly reserved ARTICLE X INSURANCE Dunng the performance of the Services under tins Agreement, CONSULTANT shall matntaln the following ~nsurance wath an insurance company hcensed to do bus~ness m the State of Texas by the State Insurance Board or any successor agency, that has a rating w~th A M Best Rate Careers of at least an "A-" or above A Comprehensive General Llablhty Insurance with bodily injury hnuts of not less than $1,000,000 for each occurrence and not less than $1,000,000 m the aggregate, and w~th property damage limits of not less than $100,000 for each occurrence and not less than $100,000 m the aggregate B Automobile Lmblhty Insurance w~th bochly ~njury lnmts of not less than $500,000 for each person and not less than $500,000 for each acmdent and with property damage lmuts for not less than $100,000 for each accident C Worker's Compensataon Insurance in accordance with statutory requirements, and Employer's Llabd~ty Insurance with lnmts of not less than $100,000 for each accident D Professional Lmblhty Insurance or appropriate Errors & Omissions Insurance with lumts of not less than $250,000 annual aggregate E CONSULTANT shall furmsh insurance certaficates or insurance policies at the OWNER's request to ewdence such coverages The ~nsurance pohcles shall name the OWNER as an additional insured on all such pohmes to the extent that ~s legally posstble, and shall contam a prows~on that such insurance shall not be cancelled or mo(hfied without thirty (30) days prior wntten not,ce to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, dehver cop~es of any such submtute pohcles, furmstung at least the same policy hm~ts and coverage, to OWNER Page 4 of 9 ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties will make efforts to settle any disputes arising under tins Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as medtatxon However, no arbitration or other form of alternate dispute resolution arising out of, or relating to this Agreement revolving one party's disagreement may include the other party to the (hsagreement w~thout the other's approval ARTICLE XII TERMINATION OF AGREEMENT A Notwithstanding any other proxqs~on of this Agreement, either party may terminate this Agreement by providing thn-ty (30) days advance written not~ce to the other party B Tins Agreement may alternatively be terminated m whole or ~n part in the event of either party substantially fmlmg to fulfill its obhgataons under this Agreement No such telTnmatlon will be effected unless the other party ,s g~ven (1) written noUce (delivered by certified mall, return recexpt requested) of intent to terminate and setting forth the reasons spemfymg the nonperformance or other reason(s), and not less than tlm'ty (30) calendar days to cure the failure, and (2) an oppormmty for consultation with the term~nating party prior to termmaUon C If the Agreement is terminated prior to completion of the serwces to be provided hereunder, CONSULTANT shall immediately cease all serwces upon receipt of the written notice of termination from OWNER, and shall render a final bill for services to the OWNER wittnn twenty (20) days after the date of terrmnatmn The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reunbursable expenses prior to notice of termination being received by CONSULTANT, m accordance with Article V of tins Agreement Should the OWNER subsequently contract with a new consultant for the continuation of services on the ProJect, CONSULTANT shall cooperate in prowdlng reformation to the OWNER and to the new consultant If apphcable, OWNER shall allow CONSULTANT a reasonable tune to transttmn and to turn over the ProJect to a new consultant CONSULTANT shall turn over all documents prepared or furmshed by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its files ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constatute nor be deemed a release of the responsibility and habfllty of the CONSULTANT, ~ts officers, employees, or agents, for the accuracy and competency of their work performed pursuant to tins Agreement, nor shall such approval by the OWNER be deemed as an assumption of such responslhihty by the OWNER for any defect in the work prepared by the CONSULTANT, ~ts pnnc~pals, officers, employees, and agents Page 5 of 9 ARTICLE XIV NOTICES All notices, commumcat~ons, and reports reqmred or permitted under tins Agreement shall be personally dehvered to, or telecop~ed to, or mmled to the respective part,es by depositing same in the United States mml at the addresses shown below, postage prepmd, certffied maxi, return receipt requested, unless otherwise specffied herem To CONSULTANT To OWNER Isbell Enguneenng Group, Inc City of Denton, Texas Dawd K Isbell, P E City Manager 1004 Maple, State 107 215 East McK~nney Street Sanger, Texas 76266 Denton, Texas 76201 Fax (940) 458-7417 Fax (940) 349~8596 All notmes under fins Agreement shall be effective upon their actual receipt by the party to whom such not,ce is gnven, or three (3) days after matlmg of the notme, winchever event shall first occur ARTICLE XV ENTIRE AGREEMENT Tins Agreement consisting of rune (9) pages and one (1) Exinint conmtutes the complete and final expresmon of the Agreement of the part,es and ~s intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotmttons, d~scusmons, communmatlons, understandings, and agreements winch may have been made m connection w~th the subject matter of tins Agreement ARTICLE XVI SEVERABILITY If any prowsmn of tins Agreement ~s found or deemed by a court of competent junsdmt~on to be ~nvahd or unenforceable, ~t shall be considered severable from the remamder of fins Agreement, and shall not cause the remaxnder to be mvahd or unenforceable In such event, the part, es shall reform tins Agreement, to the extent reasonably possible, to replace such stricken prowslon with a valid and enforceable prows~on winch comes as close as possible to expressing the onglnal ~ntenttons of the part,es respecting any such stricken provision ARTICLE XVII COMPLIANCE WITH LAWS CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances apphcable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended Page 6 of 9 ARTICLE XVIII DISCRIMINATION PROHIBITED In perforrmng the services reqmred hereunder, CONSULTANT shall not discriminate against any person on the basis of race, color, rehglon, sex, natmnal ongm or ancestry, age, or physical handicap ARTICLE XIX PERSONNEL A CONSULTANT represents that it has or will secure at its own expense all personnel reqmred to perform all the services reqmred under ttus Agreement Such personnel shall not be employees or officers of, nor have any contractual relations w~th the OWNER CONSULTANT shall mwned~ately reform the OWNER in writing of any conflict of interest or potentaal conflict of interest that CONSULTANT may d~scover, or winch may arise during the term of t!us Agreement B OWNER reqmres that CONSULTANT carefully safeguard any documents, data, and reformation provided by OWNER to CONSULTANT incident to ttus engagement C All sermces reqmred hereunder will be performed by CONSULTANT or under its dtrect supervision All personnel engaged m performing the work provided for m this Agreement, shall be qualified, and shall be anthorlzed and permitted under apphcable state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in thts Agreement and shall not transfer any interest m thts Agreement (whether by ass~nment, novatton or otherwise) without the prior written consent of the OWNER CONSULTANT shall promptly notify OWNER of any change of its name as well as of any material change m its corporate structure, its location, and/or m its operations ARTICLE XXI MODIFICATION No wasver or modsficatlon of flus Agreement or of any covenant, condition, lnmtatlon herren contmned shall be vahd unless m writing and duly executed by the party to be charged therewith No evidence of any watver or modfficatton shall be offered or received ~n evidence m any proceeding arising between the partlas hereto out of or affecting tins Agreement, or the rights or obligations of the parties hereunder, unless such wmver or modfficatlon ~s m writing, duly executed The part,es further agree that the provisions of ttus Article will not be watved unless as here~n set forth Page 7 of 9 ARTICLE XXII IVlISCELLANEOUS A CONSULTANT agrees that OWNER shall, unt,1 the expiration of three (3) years after the final payment made by OWNER under flus Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT lnvolvmg transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access dunng normal working hours to all necessary CONSULTANT famht~es and shall be prowded adequate and appropriate working space in order to conduct exan~natlons or audits m compliance with flus ArUcle OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits B Venue of any stat or cause of action under this Agreement shall lie exclusively m Denton County, Texas This Agreement shall be governed by and construed in accordance with the laws of the State of Texas C CONSULTANT shall commence, can~ on, and complete its work on the Project with all apphcable &spatch, and m a sound, economical, efficient manner, and m accordance with the provisions hereof In accomphsh~ng the ProJect, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being earned on by the OWNER D The OWNER shall assist and fully cooperate with CONSULTANT by placing at the CONSULTANT's disposal all avmlable information pertment to the Project, ,ncludlng previous reports, any other data relative to the ProJect and arranging for the access to, and make all prowslons for the CONSULTANT to enter in or upon, public and private property as reqmred for the CONSULTANT to perform professional sermces under tins Agreement OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon background information funushed to it by OWNER without the need for further mqmry or investigation into such reformation E The captions of flus Agreement are for reformational purposes only and shall not in any way affect the substantive terms or conrhtlons of thru Agreement 1N WITNESS WHEREOF, the City of Denton, Texas has executed flus Agreement in four (4) original counterparts, by and through its duly-anthonzed City Manager, and CONSULTANT has executed th~s Agreement by and through its duly-anthonzed undersigned officer, on tlus the day of ~ 2001 "CITY" CITY OF DENTON, TEXAS A Mummpal Corporation By Michael A Conduff, Cay Manager Page 8 of 9 ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY "CONSULTANT" ISBELL ENGINEERING GROUP, INC A Corporation By ~~~ ATTEST Secretary ~7 S \Our Docurr~nts\Contracts\01~Isbell Engmeenng Group, Inc PSA PCWRP doc Page 9 of 9 ISBELL ENGINEERING LABORATORIES -.. D~vtston of Isbell Engtneertng Group, Inc ESTIMATE FOR CONSTRUCTION MATERIALS TESTING 11/02/01 Mr PS Aror~ PE C~y of D~aon 901-A Texas Street Denton, TX 76209 Va F~ ~ (9~) 349-7334 W~t~at~ T~ent Pl~t ~ton, TX Dear Mr Arora. As requested m our meeting on November ~,, 200 l, I have put together the followtng esttmate for matenals _ testing and observ~on services for the above referenced pro3ect Scope of Services I Ear.work, Finish Gr.dl*~g, Trmchmg, Badcfilhng, and Compaction a. Standard Proctor Testa I}698 b Atte~e~g c Steve Analysxs d Density Tests 2 Cast in Place a. Compressive Strength Testing b Air Te~ta c Slump d Temperature · Unit Weights f YieldTesta § Addluonai Coring 3 Rotler Compacted Concrete a. Standard Proctor Tests b Mmsture Tests ¢ Density d. Compressive Strength Testing 4 Other Testing Services as n~otlated or per attached f~ schedule such as a. Pier Dulling Observation b Maaonry/G£out Testtrut Smacturai Steal/Welding It Is ~stlmated that t~ f~m for the above service~ should b~ b~ FORTY THOUS~D DOLL.S ($~,~0) ~d F~ ~OUS~ DOLORS ($~0,000) ~ pmp~ I~ ~ ~ ~t~ numb~ ~ (~ I hope you find this caUmate acceptable. If you have any questions, please let me know I truly apprecmte tim opponumty to work with you on this projcct~ and I look forward to heanng fi'om you before construction gets underway Thallk yotl, Constructmn Materials Testing Dtvtszon Enclosure Schedule of Fee~ ISBELL ENGINEERING LABORATORIES Division of Isbell Engineering Group, lnc 'lntegrftylnF. nginearlng" t004Maple,$uhol07 8ang~,Texa~ 76~66 Phoae.~$8'3093 (F, ITECrlVE RINE t, 200t) SOUS Molstm'e-D~aslty Retanonshlps Standard Method, ASTM 698 $125 00 O~aer Methods By Request A~etberg ldml~s 30 00 percent Matemfl Freer than No 200 a~eve 20 00 ' · Samphn8 Charse. pet hour 33 00 In-Place Dens~ty Teat, each (mm 3 pet rap) 27 00 Gratiano, pet hour 3:3 00 Injection Obseawatmn (Llme. Chemtcal.,& Water) 33 00 CONCRETE. Review of Submllled Mix Des~Sn, each $100 00 Concrete Control Ob~uon, per hour 33 00 Tec. hmomn T~me w/o Observet~on, per hour 33 00 Cylmdets w/obserwmett 15 00 '~ Cyluuiet p~ck-up charge (per hour) Over 20 mfiea 33 00 Urider 20 mtlea No Charge Pier Obse,'vanon 33 00 Reinforcing Placement Observatton 33 00 MASONRY/GROUT. Techmc~an Char&e, per horn' 33 00 Teat 2" x2" Cubea, each 15 00 Test 3" x3" Prisms, each 15 00 STRUCTUKAL STEEL/W~LI)ING Visual Observatron (Shop or F~eld), per hour 40 00 Ultrasonic Inspection 45 00 pKRSONNEL IrEES Techmctan, pet hour :33 00 Dra~,.,~a 55 00 Sm~tural Eo~ne~mog iomm (EI'D 65 o0 CMT Department Mar, ager 90 00 Ptmmpal Ensmeer 120 00 **blourly rates quoted at regular rates (portal to porlaI) Monday to Frtdavs 7 a.m to 6 p rn VEHICLE TRAIqSI~ORTAT1ON CHARGES Wi0am 20 mdea No Charge Over 20 mllea, per rode round mp $0 45 ISBELL ENGINEERING LABORATORIES Dtvts~on of lsbell Engtneermg Group, Inc ¢'ONSIRUCT ION Md FI,,MA~3' 7~$77¥G lnt~aytnEngtne~g'' 1004Ma~l~gu~ 107 San~',T~a~ 76266 Phon~: 940-458-3093 Fax: 940-455-7417 ~m~,l Date November 5, 2001 From. Jud Sherman ~ Pages (including cover s/age To P.S. Arora, P.E. 940-349-7334 Re Denton ww'r Plant Message Enclosed ~s cstamate basedOn the qnanta~es recexved today ISBELL ENGINEERING LABORATORIES Dtvtston of Isbell Engtneertng Group, Inc ¢'ON37RUCTION MA TF. RIA13' 11~71NG 1004Maple, Su~107 Sans~r, TexaS 76266 lvopno* 9404SS-~10-9~:;~'~x: 940~-4~8-7417 Estmmte for Constmcnaon Matc~uds Testing Q..nn~ea Provided by CDM So~ Proctors D-698 3@ $125 $375 Atte~b~'gs 3~ $30 $90 -200's 3@ $20 $60 Densn~es 250 I~ $27 $6750 Teeh Tune To Sample 6(~ $33 $198 Sub Total $7473 T¢ch Tane 75 poum (~ Avg of 5 hfs each 375 hfs (~ $33 $12,375 Cylinders 75 sets of 4 each 300 cyls ~ $15 $4500 Sub Total $16,875 i~CC Teeh Tm~ 18 placements ~ Avg of 8 hfs each 144 hfs ~ $33 $4752 Subgrade Proctors 2 ~ $125 $250 Dcnmttes 65 ~ $27 $1755 Compr~mve Strength 75 cyls ~ $15 $I 125 RCC Pro,tom I~ $125 $125 RCC I~ms~t~s 35 (~ 27 $945 Sub Total $8952 TOTAL $33,300 AGENDA INFO~ATION SHEET AGENDA DATE. November 27,200~ Quesuons conceding th~s acqms~t~on may be d~rected DEPART~NT Materials Management to Ed Hodney 349-8271 ACM Kathy DuBose, Fiscal and Mumclpal Servlce~ SUBJECT:, An Ordinance accepting competitive bids and awarding a pubhc works contract for the construction of a basketball court at North Lakes Park, providing for the expenditure of funds therefore, and providing an effective date (Bid 2739 - North Lakes Basketball Court awarded to Jones and Jeffrey Construction, Inc in the amount of $34,044) BID INFORMATION' This bid is for the construction of a basketball court faclhty at North Lakes Park The project generally includes post tension concrete flatwork for a basketball court, installation of two basketball goals, sidewalk approach erosion control, backfllhng earthwork, and turf establishment The project must be completed while the park is open for operation, therefore, the safety of the park patrons using the ex~sting faclhUes must be a major consideration RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder, Jones and Jeffrey Construction, Inc, in the amount of $34,044 PRINCIPAL PLACE OF BUSINESS: Jones and Jeffrey Construction, Inc Denton, Texas ESTIMATED SCHEDULE OF PRO,IIECT This project is scheduled for substantial completion within 60 calendar days of notice to proceed or approximately the second week of February 2002 FISCAL INFORMATION Funding for this park improvement project is available from 2001-2002 Capital Improvements Account 40003400 Agenda Information Sheet November 27, 2001 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment ! Tabulation Sheet 1666 Agenda Attachment 1 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A BASKETBALL COURT AT NORTH LAKES PARK, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2739 -NORTH LAKES BASKETBALL COURT AWARDED TO JONES AND JEFFREY CONSTRUCTION, INC IN THE AMOUNT OF $34,044) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of pubhc works or improvements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction of pubhc works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bxds BID NUMBER CONTRACTOR AMOUNT 2739 Jones and Jeffrey Construction, Inc $34,044 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 bad for construction of such public works or improvements herein accepted and approved, until such person shall comply with all reqmrements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION 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 Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above compet~tlve bids and the execut,on of contracts for the pubhc works and improvements as authorized here~n, the Ctty Council hereby authorizes the expenditure of funds m the manner and in the amount as specified ~n such approved bids and authorized contracts executed pursuant thereto SECTION V That th~s ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED this the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BID 2739 - CONTRACTUAL ORDINANCE AGENDA INFORMATION SHEET AGENDA DATE. November 27, 2001 Questions concerning tNs acqmsmon may be directed DEPARTMENT. Materials Management to Ray Wells 349-7108 ACM Kathy DuBose, Fiscal and Mummpal Servlces..~x' SUBJECT An Ordinance accepting competitive bids and awarding a contract for the purchase of 138 KVA pole mounted sw~tches, provtdlng for the expen&ture of funds therefore, and providing an effective date (Bid 2743 - 138 KVA Switches awarded to Utdlserve H~gh Voltage Group in the amount of $77,471 64) BID INFORMATION TNs bid is for the purchase of two 138 KV pole mounted air switches for the Spencer-Woodrow transnusslon hne upgrade TNs reconstructton of transmission facfl~tles ts required to support installation of the Spencer Switch and the Woodrow substation One sw~tch will be used as a bypass for the Woodrow Substation and one will be used as a bypass of the Spencer Switch The swttches will enhance reliability and malntamaNhty by provlchng the flextNhty to continue operating Denton Mumc~pal Electnc's transrmssion loop in the event either of the two substations needs to be taken out of service The switch for the Woodrow substatmn is a "one- way" switch meamng that ~t will only open one transrmss~on line The switch for the Spencer Switch ~s a "throe way" switch meaning ~t can be used to open any one of the three lines attached to it PRIOR ACTION APPROVAL. The Public Utility Board considered this Nd and recommended approval on November 12, 2001 RECOMMENDATION We recommend this bid be awarded to the lowest responsible bidder, Uuhserve High Voltage Group, in the amount of $77,471 64 The lower price offered by SEECO fails to meet configuration specifications to fit the 20 foot pole spacing mqmmments PRINCIPAL PLACE OF BUSINESS. Uttllserve High Voltage Group Connth, Texas Agenda Infot matron Sheet November 27, 2001 Page 2 ESTIMATED SCHEDULE OF PROJECT These sw~tches can be dehvered the third week of March 2002 ProJect construction ts to beg~n April 2002 and be completed tn September of 2002 FISCAL INFORMATION Funding for these sw~tches ts avmlable from Electric Revenue Bonds for transmission hne ~mprovements Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1665 Agenda 2 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF 138 KVA POLE MOUNTED SWITCHES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2743 - 138 KVA SWITCHES AWARDED TO UTILISERVE HIGH VOLTAGE GROUP IN THE AMOUNT OF $77,471 64) WHEREAS, the City has sohc~ted, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services tn accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or servmes as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has promded in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION i That the numbered items in the following numbered bids for materials, eqmpment, supplies, or services, shown in the "Bid Proposals" on file in the office of the C,ty Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID ESTIMATED NUMBER VENDOR AMOUNT 2743 Utlhserve High Voltage Group $77,471 64 SECTION 2 That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or serwces in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents SECTION 3 That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specfficatlons, standards, quantities and specified sums contained xn the Bid Proposal and related documents here~n approved and accepted and m accordance with the approved b~ds or pursuant to a written contract made pursuant thereto as authorized hereto SECTION 5 That thts ordinance shall become effective immediately upon tts passage and approval PASSED AND APPROVED th~s ___ day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2743 SUPPLY ORDINANCE- 11-2001 2 AGENDA INFORMATION SHEET AGENDA DATE: November 27, 2001 Questions concerning this acqmslt~on may be directed DEPARTMENT: Materials Management to Ray Wells 349-7108 ACM: Kathy DuBose, Fiscal and Mumcll;'al Services: ~~) SLrB~[ECT: An Ordinance accepting competitive bids and awardtng a contract for the purchase of pad mount 3 Phase Capacitor Banks, providing for the expenditme of funds therefore, and providing an effective date (Btd 2745 - 3 Phase Capacitor Banks awarded to Techhne, Inc m the estimated amount of $200,000) BID INFORMATION' This bid is for the annual contract for the purchase of pad mounted and pole mounted 3 phase electric capacitor banks These capacitor banks will be utilized m the maintenance and new construction of the electnc distribution system RECOMMENDATION: We recommend this bid be awarded to the lowest responsible b~dder, for the alternative vacuum switches, Techhne Inc, as listed below Item 1 Capacitor Bank 15 KV Pad Mount 1200 KVAR $10,370 ea Item 2 Capacitor Bank 15 KV Pad Mount 600 KVAR $ 9,319 ea Item 3 Capacitor Bank 13 2 KV Pole Mount 1200 KVAR $ 4,404 ea Item 4 Capacitor Bank 13 2 KV Pole Mount 600 KVAR $ 3,330 ea PRINCIPAL PLACE OF BUSINESS Techhne, Inc Fort Worth, Texas ESTIMATED SCHEDULE OF PROJECT Capacitors can be sh~pped within 8- 10 weeks after receipt of an order FISCAL INFORMATION' Capacttors will be purchased as needed to replace warehouse stock Funding is available from 2001- 2002 Warehouse Working Capital Inventory Account 800001 Agenda Information Sheet November 27, 2001 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1664 Agenda Attachment 1 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITiVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF PAD MOUNT 3 PHASE CAPACITOR BANKS, PROVDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVDING AN EFFECTiVE DATE (BD 2745 - 3 PHASE CAPACITOR BANKS AWARDED TO TECHLINE, INC IN THE ESTIMATED AMOUNT OF $200,000) WHEREAS, the C~ty has sohc~ted, recetved and tabulated competmve btds for the purchase of necessary materials, eqmpment, supphes or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the C~ty Manager or a designated employee has reviewed and recommended that the herein described b~ds are the lowest responsible b~ds for the matermls, eqmpment, supphes or services as shown m the "B~d Proposals" submxtted therefore, and WHEREAS, the C~ty Courted has prowded m the City Budget for the appropnatxon of funds to be used for the purchase of the materials, eqmpment, supphes or services approved and accepted hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the numbered ~tems ~n the following numbered b~ds for materials, eqmpment, supphes, or serwces, shown m the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible b~ds for such items BID ESTIMATED NUMBER VENDOR AMOUNT 2745 Techhne, Inc Exhibit A SECTION 2 That by the acceptance and approval of the above numbered ~tems of the submitted b~ds, the C~ty accepts the offer of the persons submitting the b~ds for such ~tems and agrees to purchase the materials, eqmpment, supphes or servtces ~n accordance w~th the terms, spemficat~ons, standards, quanttt~es and for the specffied sums contmned ~n the Btd lnwtattons, Bid Proposals, and related documents SECTION 3 That should the City and persons submitting approved and accepted ~tems and of the submitted b~ds w~sh to enter ~nto a formal written agreement as a result of the acceptance, approval, and awarding of the b~ds, the C~ty Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, prowded that the written contract ~s In accordance wlth the terms, conditions, specifications, standards, quantities and specffied sums contained ~n the Bid Proposal and related documents herein approved and accepted SECTION 4 That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and ~n accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SECTION 5 That thls ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2745 SUPPLY ORDINANCE- 11-2001 2 EXHIBIT A Item 1 Capacitor Bank 15 KV Pad Mount 1200 KVAR $10,370 ea Item 2 Capacitor Bank 15 KV Pad Mount 600 KVAR $ 9,319 ea Item3 Capac~torBank 13 2KVPoleMount 1200KVAR $ 4,404ea Item 4 Capacitor Bank 13 2 KV Pole Mount 600 KVAR $ 3,330 ea 3 AGENDA INFO~ATION SHEET AGENDA DATE November 27, 2001 Questions concemzng th~s acqmsmon may be &rected DEPARTMENT: Materials M~agement to ~ay wells 349-7108 ACM Kathy D~ose, F~scal SUBJECT' An Ordinance acceptmg compettt~ve bids and awarding a contract for the purchase of material and equipment for the Industrial Street Substatmn, providing for the expenditure of funds therefore, and providing an effective date (Bid 2746- Industrial Street Substatmn awarded to Utflmerve H~gh Voltage Group in the amo~llt of $251,622) BID INFORMATION Thts b~d ~s for the purchase of substatmn steel structures, bus work, insulators, electrical connectors, sw~tches, and m~scellaneous hardware necessary for the constructmn of the Industrial Street Substation The new statmn will be located east of the Spencer Water Treatment Plant When completed, the Industrial Substation wall replace a portmn of the older Spencer d~stnbutwn bus, supply up to 50 MW of power to eastern and central areas of Denton, and prowde backup support for the Arco, Pockms, Teasley, and Locust substations PRIOR ACTION APPROVAL The Public Utlhty Board considered th~s acqms~tlon on November 12, 2001 and recommends approval RECOMMENDATION We recommend the b~d be awarded to the lowest responsible bidder, Utdlserve H~gh Voltage Group, m the amount of $251,622 PRINCIPAL PLACE OF BUSINESS Utd~serve High Voltage Group Corinth, TX ESTIMATED SCHEDULE OF PROJECT Th~s substatmn equipment package can be delivered 12 weeks from receipt of an order FISCAL INFORMATION Funding for this equipment package is available from Electric Revenue Bond Funds Agenda Infommtlon Sheet November 27, 2001 Page 2 R_~ ect full~ ~i~m~t t ed Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1661 Agenda Attachment 1 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIAL AND EQUIPMENT FOR THE INDUSTRIAL STREET SUBSTATION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2746 - INDUSTRIAL STREET SUBSTATION AWARDED TO UTILISERVE HIGH VOLTAGE GROUP IN THE AMOUNT OF $251,622) WHEREAS, the City has sohc~ted, received and tabulated competitive bids for the purchase of necessary materaals, eqmpment, supphes or serwces m accordance with the procedures of STATE law and City ordanances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responstble Nds for the materials, equipment, supplies or services as shown tn the "Bid Proposals" submitted therefore, and WHEREAS, the C~ty Council has prowded in the City Budget for the appropriation of funds to be used for the purchase of the matermls, eqmpment, supphes or services approved and accepted hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the numbered ~tems in the following numbered Nds for materials, eqmpment, supphes, or services, shown m the "Bid Proposals" on file ~n the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID ESTIMATED NUMBER VENDOR AMOUNT 2746 Utflmerve H~gh Voltage Group $251,662 SECTION 2 That by the acceptance and approval of the above numbered 1terns of the submitted Nds, the C~ty accepts the offer of the persons submitting the Nds for such ttems and agrees to purchase the materials, eqmpment, supplies or serwces in accordance with the terms, specfficat~ons, standards, quantities and for the specified sums contatned in the Bid Invitations, Bid Proposals, and related documents SECTION 3 That should the C~ty and persons submttting approved and accepted items and of the submitted bids wish to enter Into a formal wmten agreement as a result of the acceptance, approval, and awardtng of the Nds, the City Manager or his designated representative is hereby authorized to execute the written contract wNch shall be attached hereto, provided that the written contract ts in accordance with the terms, conditions, specifications, standards, quantities and specified sums contatned ~n the Bid Proposal and related documents herein approved and accepted SECTION 4 That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SECTION 5 That this ordinance shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED this day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEOAL FORM HERBERT L PROUTY, CITY ATTORNEY 2746 SUPPLY ORDINANCE- 11-2001 AGENDA INFORMATION SHEET AGENDA DATE November 27, 2001 Questions concerning this acqms~tlon may be d~rected DEPART~NT. Materials Management to J~m Coulter ~49-7194 ACM. Kathy DuBose, F~scal and Mumclpal Serwce}~ S~JECT' An Or&nance accepnng competitive b~ds and awarding an annual contract for the purchase of traffic s~gnal masts, a~s and poles, prowd~ng for the expenditure of funds therefore, and prowd~ng an effective date (Bid 2752 - Traffic S~gnal Masts, Ams and Poles aw~ded to Pelco Products, Inc ~n ~e estimated total amount of $285,000) BID INFOR~TION This b~d ~s for the pumhase of poles, masts, a~s and h~dware for the ~nstallaUon of new traffic s~gnals throughout the C~ty of Denton dunng the contract period PRIOR ACTION OR APPROVAL: Council approved a s~mfl~ b~d (2742) for poles, masts, and ~s for ~nstallat~on at Colorado/San Jamnto and C~oll/Sheman ~ve on November 6, 2001 ~CO~NDATION: We reco~end the b~d be aw~ded to the lowest responsible b~dder, Pelco Products, Inc m the esttmated ~ount of $285,000 PRINCIPAL PLACE OF BUSI~SS' Pelco Products, Inc Edmond, Oklahoma ESTIMATED SCHEDULE OF PROJECT Poles, masts, ~s and hardware can be dehvered within 60 days og recmpt of an order Quantities are estimated and may va~ according to the needs of the C~ty of Denton FISCAL INFORMATION' Funding for th~s traffic s~gnal mstallatmn project ~s avmlable from C~ budget account 36001 200 or appropriate mmntenance account Agenda Information Sheet November 27, 2001 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulatmn Sheet 1662 Agenda Attachment 1 BID # 2752 Date 10/25LQ3_ TRAFFIC POLES DESCRIPTION VENDOR VENDOR VENDOR PELCO PRODUCTS ....... principle i'pla'~e ............................ EDMOND of Business , OK SINGLE SIGNAL POLE 21', W/30A ! 6 FOOTING, 17" BOLT CIRCLE, FOR $1,540 00 20' MAST ARM SINGLE SIGNAL POLE 21', W/30A 2 6 FOOTING, 17" BOLT CIRCLE, FOR $1,555 00 25' MAST ARM SINGLE SIGNAL POLE 21', W/30A 3 6 FOOTING, 17" BOLT CIRCLE, FOR $1,670 00 30' MAST ARM SINGLE SIGNAL POLE 21', W/30A 4 6 FOOTING, 17" BOLT CIRCLE, FOR $2,230 00 35' MAST ARM COMBINATION SIGNAL POLE 30', 5 6 W/30A FOOTING, 17" BOLT CIRCLE, $1,750 00 FOR 20" MAST ARM COMBINATION SIGNAL POLE 30', 6 6 W/30A FOOTING, 17" BOLT CIRCLE $1,765 00 FOR 25" MAST ARM COMBINATION SIGNAL POLE 30', 7 6 W/30A FOOTING, 17" BOLT CIRCLE $1,810 00 FOR 30" MAST ARM COMBINATION SIGNAL POLE 30', 8 6 W/30A FOOTING, 17" BOLT CIRCLE $2,270 00 FOR 35" MAST ARM SINGLE SIGNAL POLE 21', W/36A 9 6 FOOTING, 19" BOLT CIRCLE, FOR 40' MAST ARM $2,420 00 SINGLE SIGNAL POST 21', W/36A 10 6 FOOTING, 19" BOLT CIRCLE, FOR 45' MAST ARM $2,250 00 SINGLE SIGNAL POST 21', W/36A 11 6 FOOTING, 19" BOLT CIRCLE, FOR 50' MAST ARM $2,630 00 COMBINATIOn SIGNAL POLE 30', 12 6 W/36A FOOTING, 19" BOLT CIRCLE ?OR 40' MAST ARM $2,470 00 3 ,No m I DESCRIPTION VENDOR VENDOR VENDOR PELCO PRODUCTS COMBINATION SIGNAL POLE 30', 13 6 W/36A FOOTING, 19" BOLT CIRCLE, FOR 45' MAST ARM $2,560 00 COMBINATION SIGNAL POST 30', 14 6 W/36A FOOTING, 19' BOLT CIRCLE, FOR 50' MAST ARM $2,720 00 SINGLE TWIN SIGNAL POLE 21' W/36A FOOTING, 19" BOLT CIRCLE, 15 6 ?OR A 35' AND A 40' MAST ARM $2,780 00 COMBINATION TWIN SIGNAL POLE 30', W/36A FOOTING, 19I' BOLT 16 6 CIRCLE, FOR A 35" AND A 40" MAST ARM $2,940 00 MAST ARM 20', RIGID MOUNTED 17 6 $820 O0 MAST ARM 25', RIGID MOUNTED 18 6 $910 00 vtAST ARM 30', RIGID MOUNTED 19 6 $1,150 00 vIAST ARM 35', RIGID MOUNTED 2O 6 $1,240 00 MAST ARM 40', RIGID MOUNTED 21 6 $1,690 00 VIAST ARM 45', RIGID MOUNTED 22 6 $1,915 00 MAST ARM 50', RIGID MOUNTED 23 6 $2,025 00 LUMINAIRE ARM 10', SIMPLEX 24 6 MOUNTED AND UNDERBRACED $245 00 LUMiNAIRE ARM 12', SIMPLEX 25 6 MOUNTED AND UNDERBRACED $360 00 ANCHOR BOLTS FOR 30A FOOTING 26 6 1 1/2", SET OF 4 WITH HARDWARE AND TEMPLATES $235 00 ANCHOR BOLTS FOR 36A FOOTING, 27 6 1 1/2", SET OF 4 WITH HARDWARE AND TEMPLATES $420 00 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF TRAFFIC SIGNAL MASTS, ARMS AND POLES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2752 -TRAFFIC SIGNAL MASTS, ARMS AND POLES AWARDED TO PELCO PRODUCTS, INC IN THE ESTIMATED TOTAL AMOUNT OF $285,000) WHEREAS, the City has sohclted, received and tabulated competitive b~ds for the purchase of necessary mate~mls, equipment, supphes or services in accordance with the procedures of STATE law and C~ty m dlnances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "B~d Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation offimds to be used fo~ the purchase of the matermls, equipment, supplies or services approved and accepted herein, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS SECTION 1 That the numbered ~tems in the following numbered b~ds for materials, equipment supphes, or serwces, shown in the "Bid Proposals" on file ~n the office of the C~ty Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such Items BID ESTIMATED NUMBER VENDOR AMOUNT 2752 Pelto Products Exhibit A SECTION 2 That by the acceptance and approval of the above numbered items of the submitted b~ds the City accepts the offer of the persons submitting the b~ds for such items and agrees to pmchase the materials, equipment, supphes or services in accordance with the terms, specfficat~ons standards, quantities and for the specified sums contmned in the Bid Invitations, Bid Proposals, and t elated documents SEC I ION 3 That should the C~ty and persons submitting approved and accepted ~tems and of the submmed bids wish to enter ~nto a formal written agreement as a result of the acceptance, approval, and awarding of the b~ds, the C~ty Manager or his designated representative ~s hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract Is m accordance with the terms, conditions, specifications, standards, quantities and specified sums contmned in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the submitted b~ds, the C~ty Council hereby authorizes the expenditures of funds therefore m the amount and ~n accordance w~th the approved b~ds or pursuant to a written contract made pursuant thereto as authorized hereto SECTION V That tfus ordinance shall become effective tmmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s the day of ,2001 EULINEBROCK, MAYOR ATTEST JENNIFERWALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BID 2752 - Traffic Signals and Masts BID # 2752 EXHIBIT A TRAFFIC POLES No I I DESCRIPTION VENDOR PELCO PRODUCTS Pnnc ple Place of Bus ness EDMOND OK i 6 SINGLE SIGNAL POLE 21', W/30A FOOTING, 17" BOLT CIRCLE, FOR 20' MAST ARM $1,540 2 6 SINGLE SIGNAL POLE 21', W/30A FOOTING, 17" BOLT CIRCLE, FOR 25' MAST ARM $1,555 3 6 SINGLE SIGNAL POLE 21', W/30A FOOTING, 17" BOLT CIRCLE, FOR 30' MAST ARM $1,670 4 6 SINGLE SIGNAL POLE 21', W/30A FOOTING, 17" BOLT CIRCLE, FOR 35' MAST ARM $2,230 5 6 COMBINATION SIGNAL POLE 30', W/30A FOOTING, 17" BOLT CIRCLE, FOR 20" MAST ARM $1,750 6 6 COMBINATION SIGNAL POLE 30', W/30A FOOTING, 17" BOLT CIRCLE, FOR 25" MAST ARM $1,765 7 6 COMBINATION SIGNAL POLE 30', W/30A FOOTING, 17" BOLT CIRCLE, FOR 30" MAST ARM $1,810 8 6 COMBINATION SIGNAL POLE 30', W/30A FOOTING, 17" BOLT CIRCLE, FOR 35" MAST ARM $2,270 SINGLE SIGNAL POLE 21', W/36A FOOTING, 19" BOLT CIRCLE, FOR 40' MAST ARM 9 6 $2,420 SINGLE SIGNAL POST 21', W/36A FOOTING, 19" BOLT CIRCLE, FOR 45' MAST ARM 10 6 $2,250 SINGLE SIGNAL POST 21', W/36A FOOTING, 19" BOLT CIRCLE, FOR 50' MAST ARM 11 6 $2,630 COMBINATIOn SIGNAL POLE 30', W/36A FOOTING, 19" BOLT CIRCLE, FOR 40' MAST ARM 12 6 $2,470 COMBINATION SIGNAL POLE 30', W/36A FOOTING, 19" BOLT CIRCLE, FOR 45' MAST ARM 13 6 $2,560 COMBINATION SIGNAL POST 30', W/36A FOOTING, 19' BOLT CIRCLE, FOR 50' MAST ARM 14 6 $2,720 SINGLE TWIN SIGNAL POLE 21' W/36A FOOTING, 19" BOLT CIRCLE, FOR A 35' AND A 40' 15 6 $2,780 MAST ARM COMBINATION TWIN SIGNAL POLE 30', W/36A FOOTING 19 BOLT CIRCLE FOR A 35" AND A 40" 16 6 MAST ARM $2,940 17 6 MAST ARM 20', RIGID MOUNTED $820 18 6 MAST ARM 25', RIGID MOUNTED $910 19 6 MAST ARM 30', RIGID MOUNTED $1,150 20 6 MAST ARM 35', RIGID MOUNTED $1,240 21 6 MAST ARM 40', RIGID MOUNTED $1,690 22 6 MAST ARM 45', RIGID MOUNTED $1,915 23 6 MAST ARM 50', RIGID MOUNTED $2,025 LUMINAIRE ARM 10' SIMPLEX MOUNTED AND UNDERBRACED 24 6 $245 LUMINAIRE ARM 12', SIMPLEX MOUNTED AND UNDERBRACED 25 6 $360 ANCHOR BOLTS FOR 30A FOOTING, 1 1/2", SET OF 4 WITH HARDWARE AND TEMPLATES 26 6 $235 27 6 ANCHOR BOLTS FOR 36A FOOTING, 1 1/2", SET OF 4 WITH HARDWARE AND TEMPLATES $420 3 AGENDA INFORMATION SHEET AGENDA DATE November 27, 2001 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Jim Coulter 349-7194 ACM' Kathy DuBose, Fiscal and Municipal Servlces~,~ SUBJECT: An Ordinance accepting competitive bids and awarding an annual contract for the purchase of Traffic Signals and Related Hardware, providing for the expenditure of funds therefore, and providing an effectave date (Bid 2751 - Traffic Signals and Related Hardware awarded as listed below in the estimated amount of $202,000) BID INFORMATION' This bid is for an annual contract for the purcbase of traffic signals and related items These materials will be utallzed in the construction of new signals and m the maintenance of the existing traffic control system throughout the City of Denton RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder for related items Items 1-4 Signal Heads Group U S Traffm Items 5-9 LED Traffic Lenses Group Consohdated Traffic Items 10-17 & 26-31 Pelco Brackets Group Paradigm Traffic Items 18.25 Pedestrian Heads Group U S Traffic Item 37 Traffic Confirmation Lights Paradigm Traffic Items 42-43 Henke Cabinet Assembly Consohdated Traffic Item 44 EDI Oracle Loop Detector Consolidated Traffic Items 45 EDI LM 604 Loop Detector Paradigm Traffic We would recommend that the bids for Preemption Equipment (Items 32-36) and V~deo Detection (Items 38-41) not be awarded at th~s time PRINCIPAL PLACE OF BUSINESS' U S Traffic Consohdated Traffic Paradigm Traffic Santa Fe Spnngs, Cahfomla Arhngton, Texas Fort Worth, Texas Agenda Information Sheet November 27, 2001 Page 2 ESTIMATED SCHEDULE OF PROJECT Th~s contract w~ll remaan in effect for one year from the date of award Quotations are estimates and may vary according to the needs of the C~ty of Denton Dehvery of materials ~s estimated to be 60 days or less FISCAL INFORMATION. These supphes and materials wall be funded from 2001-2002 budget funds on CIP funding Respectfully submitted Tom ShY'w, C P'~, 349-7i-00 Purchasing Agent Attachment 1 Tabulatmn Sheet Attachment 1 m ~ ~ m m m m:m m m m:~ 0 0 0 0 0 0 0 0 0 0 0 0 Z Z Z Z Z Z Z Z Z Z Z Z o o o ooooo oooo z z z zzzzz zzzz ~ 0 ~ 0 ~ ~ ~ o ~ ~ ~ ~ ~ ~ ~< < ~~ ~ ~°~ ~S ~ * ~ ~ 5 ~ ~ ~ ~ ~ S z o ~o~o~o~S~ 3 Attachment 1 4 Attachment 1 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRAC'I FOR THE PURCHASE OF TRAFFIC SIGNALS AND RELATED HARDWARE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2751 - TRAFFIC SIGNALS AND RELATED HARDWARE AWARDED AS LISTED BELOW IN THE ESTIMATED AMOUNT OF $202,000) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessaly materials, eqmpment, supplies or services In accordance with the procedures of STATE law and City or&nances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the here~n described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used roi the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID ESTIMATED NUMB ER VENDOR AMOUNT 2751 U S Traffic Exhibit A Consolidated Traffic Exhibit A Paradigm Traffic Exhibit A SECTION 2 That by the acceptance and approval of the above numbered items of the submitted b~ds the City accepts the offer of the persons submitting the bids for such items and agrees to pulchase the materials, equipment, supplies or services in accordance with the terms, specifications standards, quantities and for the specified sums contmned in the Bid Invitations, Bid Proposals, and related documents SECTION 3 That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is m accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted SECTION 4 That by the acceptance and approval of the above numbered ~tems of the submitted bids, the C~ty Counml hereby authorizes the expenditure of funds therefor m the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SECTION 5 That this ordinance shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED this day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2751 SUPPLY ORDINANCE- 11 2001 2 BID # 2751 EXHIBITA TRAFFIC SIGNALS No I I DESCRIPTION VENDOR VENDOR VENDOR PARADIGM U S TRAFFIC CONSOLIDATED TRAFFIC TRAFFIC SANTA FE SPRINGS ARLINGTON TX Principle Place of Business FORTWORTH TX 3 SECTION BLACK POLYCARBONATE SIGNAL HEAD W/BLACK 1 100 VISORS & BLACK POLY BACKPLATE ALSO W/RED YELLOW, & $391 05 GREEN LED LENSES 5 SECTION SLACK POLYCARBONATE SIGNAL HEAD W/BLACK VISORS 2 25 ~: BLACK POLY B PLATE & W/RED YELLOW YELLOW GREEN ARROW $615 75 ~ GREEN LED LENSES SECTION YELLOW POLYCAREONATE SIGNAL HEAD W/YELLOW 3 25 VISORS & BLACK POLY BACKPLATE & W/RED YELLOW & GREEN LED $400 95 LENSES SECTION YELLOW POLYCARBONATE SIGNAL HEAD W/YELLOW 4 15 VISORS & BLACK POLY BACKPLATE & W/RED YELLOW YELLOW $621 86 ARROW GREEN ARROW, & GREEN LED LENSES 5 100 RED 12 INCH LED SIGNAL LENSES $63 47 6 100 YELLOW 12 INCH LED SIGNAL LENSES $67 65 7 100 SREEN 12 INCH LED SIGNAL LENSES $141 76 8 25 YELLOW ARROW 12 INCH LED SIGNAL LENSES $73 20 9 25 }REEN ARROW 12 INCH LED SIGNAL LENSES $11 9 33 PELCO 3 SECTION ASTROBRAC ASSEMBLY W/84 INCH CABLE AND 10 75 GUSSETED TUBE #AS 0125 3 84 $86 19 PELCO 5 SECTION ASTROBRAC ASSEMBLY W/84 INCH CABLE AND 11 25 GUSSETED TUBE #AS 0125 5-84 $95 85 PELCO 3-SECTION HORIZONTAL SPAN WIRE ASSEMBLY W/GUSSETED 12 16 TUBE #AS.0127 3 $66 53 PELCO 5 SECTION HORIZONTAL SPAN WIRE ASSEMBLY W/GUSSETED 13 4 TUBE #AS 0127 5 $76 03 14 10 PELCO ASTROBRAC W/84 INCH CABLE #AS 3009 84 $47 50 15 5 PELCO ASTROBRAC W/62 INCH CABLE #AS 3009 62 $46 23 16 5 PELCO MINI ASTROBRAC CABLE MOUNT gAB 0160.45 $24 96 17 5 PELCO MINI ASTROBRAC CABLE MOUNT #AB-0163 45 $27 49 PEDESTRIAN'HEAD, BLACK CLAM SHELL MOUNT W/LED MAN/HAND 18 12 COMBO $445 00 PEDESTRIAN HEAD YELLOW CLAM SHELL MOUNT W/LED MAN/HAND 19 12 COMBO $445 00 ~EDESTRIAN HEAD BLACK CLAM SHELL MOUNT W/LED COUNTDOWN 20 12 COUNTER $507 50 PEDESTRIAN HEAD YELLOW CLAM SHELL MOUNT W/LED 21 12 COUNTDOWN COUNTER $507 50 ?EDESTRIAN HEAD BLACK CLAM SHELL MOUNT NO LENS READY 22 6 ~OR LED LENS $115 00 PEDESTRIAN HEAD YELLOW CLAM SHELL MOUNT NO LENS READY 23 4 FOR LED LENS $115 00 24 4 PEDESTRIAN LENS LED MAN/HAND COMBO $243 00 25 6 PEDESTRIAN LENS LED W/COUNTDOWN TIMER $348 00 BID # 2751 EXHIBIT A TRAFFIC SIGNALS No I I DESCRIPTION VENDOR VENDOR VENDOR I PARADIGM U S TRAFFIC CONSOLIDATED ~ TRAFFIC TRAFFIC SANTA FE BPRINGS ARLINGTON TX Principle Place of Business FORTWORTH T> ?ELCO DOUBLE PED HEAD MOUNTING ASTROBRAC ASSEMBLY W/ 26 4 3USSETED TUBE//AS 157 I 84 $154 04 PELCO PED HEAD MOUNTING ASTROBRAC ASSEMBLY W/GUSSETED 27 4 TUBE,fAS 157q 84 $91 66 28 6 'EDESTRIAN PUSH BUTTON ASSEMBLY #SE-2023-08 $38 93 29 14 PEDESTRIAN PUSH BUTTON ASSEMBLY #SE 2019-08 $51 23 30 6 PEDESTRIAN SIGN #SF 1020 02 FOR ASSEMBLY #SE 2023 08 $6 10 31 14 PEDESTRIAN SIGN #SF 1020 09 FOR ASSEMBLY ,fSE 2019 08 $8 74 32 25 PREEMPTION DETECTOR SINGLE CHANNEL DUAL DIRECTION * 33 25 PREEMPTION DETECTOR TWO CHANNEL DUAL DIRECTION * * * 34 25 PREEMPTION DETECTOR CARD 2 CHANNEL PREEMPTION DETECTOR SPAN WIRE CLAMP KIT FOR SPAN WIRE * . . 35 20 MOUNTING APPLICATIONS PREEMPTION DETECTOR MOUNTING KIT FOR MAST ARM POLE , , , 36 30 APPLICATIONS TRAFFIC CONFIRMATION LIGHT WITH CLEAR GLOBE AND MOUNTING 37 8 HARDWARE $58 42 COMPLETE VIDEO DETECTION PACKAGE FOR A 1 CAMERA SYSTEM 38 2 INCLUDING 150 POWER & VIDEO CABLE 24 V POWER SUPPLY AND WITH ALL MOUNTING HARDWARE * * * COMPLETE VIDEO DETECTION PACKAGE FOR A 2 CAMERA SYSTEM 39 4 INCLUDING 300' POWER & VIDEO CABLE, 24 V POWER SUPPLY AND WITH ALL MOUNTING HARDWARE * * COMPLETE VIDEO DETECTION PACKAGE FOR A 3 CAMERA SYSTEM 40 6 INCLUDING 4S0 POWER & VIDEO CABLE, 24 V POWER SUPPLY, AND NITH ALL MOUNTING HARDWARE * * * EOMPLETE VIDEO DETECTION PACKAGE FOR A 4 CAMERA SYSTEM 41 8 INCLUDING 600 POWER & VIDEO CABLE, 24 V POWER SUPPLY, AND I,VITH ALL MOUNTING HARDWARE * * 42 6 HENKE TS1 P44 LOCAL CABINET ASSEMBLY, DENTON SPEC $5,382 76 43 1 HENKE TS1 P44 MASTER CABINET ASSEMBLY DENTON SPEC $5,756 32 44 12 EDIORACLE 4 CHANNEL LCD LOOP DETECTOR CARD $241 18 45 12 EDI LM 604 4 CHANNEL LOOP DETECTOR CARD $178 25 * NO AWARD AT THIS TIME FOR THESE ITEMS 32, 33, 34, 35, 36 and 38, 39, 40, 41 AGENDA INFORMATION SHEET AGENDA DATE. November 27, 2001 DEPARTMENT' Planning Dep.artment / Inspections Division ACM: Dave Hill -~ Consider adoption of an ordinance of the City of Denton, Texas amending section 28-27 of the code of ordinances to provide for the adoption of the 2000 International Building Code, 2000 International Residential Code for One and Two Family Dwellings, 2000 International Fuel Gas Code, 2000 International Plumbing Code, 2000 International Mechanical Code, and the 2000 International Energy Conservation Code, all published by the International Code Council, providing for amendments thereto, providing for a severablhty clause, repealing all ordinances in conflict therewith, and providing for an effective date During the past year building inspection staff has been active participants in the North Texas Council of Governments Regional Code Correlating Committees The purpose of these committees was to establish regional amendments to the proposed 2000 International Codes These codes include the International Building Code, International Residential Code for One and Two Family Dwellings, International Plumbing Code, International Mechanical Code, International Fuel Gas Code and International Energy Conservation Codes Regional amendments would enable contractors to construct all types of buildings throughout the DFW area utdizlng the same amendments regardless of the municipality The amendments contained in the enclosed ordinance are those supported by the North Texas Council of Governments The Construction Advisory and Appeals Board has reviewed all proposed codes and amendments and unanimously approved them as written The proposed ordinance contains three new codes for adoption, The International Fuel Gas Code, The International Residential Code and The International Energy Conservation Code The fuel gas code contains requirements for the installation of fuel gas systems that were previously found in the plumbing code The residential code contains all requirements for the construction of new 1 & 2 family dwellings including all requirements for electrical, plumbing, mechanical and energy conservation Additionally Senate Bill 365 provides for the adoption of the International Residential Code as the uniform residential code in Texas but allows for mumclpahtles to make amendments if desired The bill also mandates that municipalities adopt the International Residential 1 Code before January 1, 2002 The International Energy Conservation Code contains requirements for construction to ensure buildings comply with specific energy conservation requirements Senate Bill 5 adopted the International Energy Conservation Code as the energy code for Texas and requires munlmpahtles to establish procedures for the administration and enforcement of this code PRIOR ACTION/REVIEW' Thc Construction Advisory and Appeals Board unanimously recommended approval of all the International Codes with the proposed amendments FISCAL INFORMATION. No Fiscal Impact STAI~F RECOMMENDATIONS: Staff recommends that the International Building Code, International Residential Code, International Plumbing Code, International Mechanical Code, International Fuel Gas Code and International Energy Conservation Code all with proposed amendments be adopted as the construction codes for the City of Denton OPTIONS' 1 Approve the ordinance as written 2 Postpone Consideration 1 Proposed Ordinance Respectfully submitted J D~ve Hill Assistant City Manager of Development Services ?rtgh~ll Bml g Official 2 ATTACHMENT t ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 28- 27 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE ADOPTION OF THE 2000 INTERNATIONAL BUILDING CODE, 2000 INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS, 2000 INTERNATIONAL FUEL GAS CODE, 2000 INTERNATIONAL PLUMBING CODE, 2000 INTERNATIONAL MECHANICAL CODE, AND THE 2000 INTERNATION ENERGY CONSERVTION CODE, ALL PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, PROVIDING FOR AMENDMENTS THERETO, PROVIDING FOR A PENALTY FOR VIOLATION OF A FINE NOT TO EXCEED $2,00000, PROVIDING FOR A SEVERABILITY CLAUSE, REPEALING ALL ORDINANCES IN CONFLICT THEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE SECTION 1. That Chapter 28, Section 28-27 of the Code of Ordinances of the City of Denton is hereby amended so that smd section shall hereafter be and read as follows Adoption of the building code The International Building Code, 2000 Edition, as published by the International Conference of Bulldmg Officials, a copy of which shall be filed in the Office of the City Secretary and available for public inspection, is hereby adopted and designated as the building code for other than 1 & 2 family dwellings for the city, the same as though the edition of such code were copied at length herein subject to the deletions and amendments enumerated in section 28-28, That Chapter 28, Section 28- 33 of the Code of Ordinances of the City of Denton is hereby added so that said section shall hereafter be and read as follows Adoption of the residential code The International Residential Code, 2000 edition as published by the International Code Council, a copy of which shall be filed in the Office of the City Secretary and avmlable for public inspection, is hereby adopted and designated as the residential code for the city, the same as though the edition of such code were copied at length herein subject to the deletions and amendments enumerated m section 28-34 That Chapter 28, Section 28-123 of the Code of Ordinances of the City of Denton is hereby added so that said section shall hereafter be and read as follows Adoption of the fuel gas code The International Fuel Gas Code, 2000 edition as pubhshed by the International Code Council, a copy of which shall be filed in the Office of the City Secretary and avmlable for public inspection, is hereby adopted and designated as the fuel gas code for the city, the same as though the edition of such code were copied at length herein subject to the deletions and amendments enumerated m section 28-124 That Chapter 28, Section 28-144 of the Code of Ordinances of the City of Denton is hereby amended so that smd section shall hereafter be and read as follows Adoption of the plumbing code The International Plumbing Code, 2000 edition as pubhshed by the International Code Council, a copy of which shall be filed m the Office of the City Secretary and avmlable for public inspection, is hereby adopted and designated as the plumbing code for the city, the same as though the edition of such code were copied at length herein subject to the deletions and amendments enumerated In section 28-145 That Chapter 28, Section 28-251 of the Code of Ordinances of the City of Denton is hereby amended so that said section shall hereafter be and read as follows Adoption of the mechanical code The International Mechanical Code, 2000 edition as published by the International Code Council, a copy of which shall be filed In tile Office of the City Secretary and avmlable for public lnspectmn, is hereby adopted and designated as the mechanical code for the city, the same as though the edltmn of such code were copied at length herein subJeCt to the deletions and amendments enumerated in section 28-252 That Chapter 28, Section 28-253 of the Code of Ordinances of the City of Denton is hereby added so that said section shall hereafter be and read as follows The International Energy Conservation Code, 2000 edition as pubhshed by the Internatmnal Code Counctl, a copy of whmh shall be filed in the Office of the City Secretary and avmlable for public ~nspectlon, is hereby adopted and designated as the energy code for the city, the same as though the edition of such code were cop~ed at length herein subject to the deletions and amendments enumerated in section 28-254 Sectmn 28-28 is hereby amended to read as follows (1) Section 101.41 change to read as follows 101 4 Referenced codes The other codes listed in Sections 101 4 l through 101 4 7 and referenced elsewhere m this code, when specffically adopted, shall be considered part of the requirements of this code to the prescribed extend of each such reference Whenever amendments have been adopted to the referenced codes and standards, each reference to smd code and standard shall be considered to reference the amendments as well Any reference to NFPA 70 or the ICC Elecmcal Code shall mean the Electrical Code as adopted (2) Sectton 109 3 5, delete (3) Sectton 202, add a new definttton to read as follows HIGH-RISE BUILDING is a bmldmg having floors used for human occupancy located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access (4) Table 302 3.3, footnote e, change to read as follows e Assembly uses accessory to Group E Occupancy must comply with the provisions for Group A Occupancy but for the purpose of Section 302 3 are not considered separate occupancies (5) Section 403 1, change to read as follows 403 1 Apphcablhty The provisions of this section shall apply to buildings having occupied floors located more than 55 feet (22 860 16 764 mm) above the lowest level of fire department vehicle access (6) Sectton 403 I, exceptton #3 change to read as follows 3 Buildings with an occupancy m Group A-5 in accordance with Section 303 1 when used for open mr seating, however, this exception does not apply to accessory uses including but not limited to sky boxes, restaurants and similarly enclosed areas (7) Sectton 403 2, exceptton #2, delete (8)Sectton 406.6 1, add a second paragraph to read as follows Th~s occupancy shall include garages involved ~n servicing of motor vehicles for 1terns such as lube changes, anspect~ons, w~ndsh~eld repair or replacement, shocks, minor part replacement and other such non-maJor repair When the repair garage ~s only involved m such minor repair, ~t need not comply w~th Section 406 6 2 (9) Sectton 506 2.2, add a sentence to read as follows In order to be considered as accessible, ~f not m d~rect contact with a street or fire lane, a minimum 10-foot w~de pathway from the street or approved fire lane must be prowded (See Internattonal Ftre Code Section 503 1 1 for hose lay measurement pathway requirements ) (10) Sectton 705 II, change the exceptton to read as follows Exception. For other than hazardous exhaust ducts, penetrations by ducts and a~r transfer opemngs of fire walls that are not on the lot hne shall be allowed provided the penetrations comply w~th Sections 711 and 715 The s~ze and aggregate width of all openings shall not exceed the hm~tat~ons of Section 705 8 (11) Sectton 715.5 2; add exception #4 to read as follows 4 In the duct penetration of the separation between the private garage and ~ts residence when constructed in accordance with Section 302 3 3, exceptions #2 and 3 (12) Sectton 901 3. Amend Amend Bufldmg Official to read Fire Marshal or h~s representative (13) Sectton 901 5 Amend Amend Building Offlcml to read F~re Marshal or his representative (14) Sectton 901.63 Amend. Amend Bmldmg Official to read Fire Marshal or h~s representative (15) Sections 902 - 908 &Sectton 910 shall conform to the requtrements of the 2000 International Fire Code (16) Section 1005 2.1, change to read as follows 1005.2.1 Minimum number of exits Every floor area shall be provided w~th the minimum number of approved independent ex~ts as required by Table 1005 2 1 based on the occupant load, except as modified m Section 1004 2 1 or 1005 2 2 For the purposes of th~s chapter, occupied roofs shall be provided wtth exits as required for floors The required number of exits from any story, basement or individual space shall be mmntmned until arrival at grade or the pubhc way (17) Section 1101 2; add an exceptton to read as follows Exception Buildings regulated under State Law and built m accordance w~th State certified plans, including any variances or waivers granted by the State, shall be deemed to be m eomphance w~th the reqmrements of th~s Chapter (18) Sectton 1108 2 1; change to read as follows 5 1108 2.1 Unisex tmlet and bathing rooms In assembly and mercantde occupanmes, an accessible unisex toilet room shall be promded where an aggregate of s~x or more male and or female water closets are reqmrcd provided In bmldmgs of m~xed occupancy, only those water closets reqmred for the assembly or mercantile occupancy shall be used to determine the umsex to~let room reqmrement In recreational fac~htxes where separate-sex bathing rooms are prowded, an accessible umsex bathing room shall be prowded Fixtures located w~thm umsex to,let and bathing rooms shall be included m determining the number of fixtures provided m an occupancy (19) Section 1209 2, exception #2, change to read as follows 2 Tmiet rooms that are not accesmble to the pubhc and whmh have not more than one water closet, provided that wails around unnals comply w~th the mlmmum surrounding materml specified by Section 419 3 of the Internatwnal Plumbing Code (20) Section 1403 3; change to read as follows 1403 3 Vapor retarder An approved ~ntenor noncorrod~ble vapor retarder shall be pmwded In all framed walls, floors and roof/cethngs comprising elements of the bmldmg thermal envelope, a vapor retarder, when installed, shall be ~nstalled ~n a manner so as to not trap mmsture Vapor retarders shall be tested m accordance w~th ASTM E 96 (Delete all exceptions) (21) Table 1505.1; replace footnotes b and c w~th the following b All individual replacement shingles or shakes shall be m comphance w~th the rating reqmred by th~s table c Non-classffied roof covenngs shall be permitted on bmld~ngs of U occupancies having not more than 120 sq fi of projected roof area When exceeding 120 sq fi of projected roof area, buildings of U occupancies may use non-rated non-combustible roof covenngs d Untreated or fim-retardant treated wood shingles or shakes shall be prohibited Exception The roof covenng on existing dwellings and structures w~th wood shingles or shakes may be repaired with factory treated fire-retardant wood shingles or shakes or additions to these structures may be made w~th factory treated fire- retardant wood shingles or shakes (22) Section 1505 7, delete (23) Add Sectton 2308 2 3 to read as follows' 2308,2 3 Apphcatlon to engineered design When accepted by the code officml, any portzon of this section ~s permztted to apply to bmldmgs that are otherwise outszde thc hmltatmns of th~s section provided that 1 The resulting deszgn will comply w~th the requirements spemfied m Chapter 16, 2 The load hmztatmns of various elements of this sectmn are not exceeded, and 3 The portzons of this section which wall apply are ~dentffied by an engineer m the construction documents (24) Sectton 2901 1, add a sentence to read as follows The provisions of this Chapter are meant to work in coordination with the provisions of Chapter 4 of the Internatzonal Plumbing Code Should any conflicts arise between the two chapters, the Code Official shall determine which provision applies (25) Section 2902.1, change to read as follows. 2902.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy and m the minimum number as follows 1 Assembly Occupancies At least one dnnkmg fountain shall be provided at each floor level in an approved location Exception' A dnnkmg fountain need not be provided m a dnnkmg or dining establishment 2 Groups A, B, F, H, I, M and S Occupancies Buildings or portions thereof where persons are employed shall be provided with at least one water closet for each sex except as provided for in Section 2902 2 3 Group E Occupancies Shall be prowded with fixtures as shown in Table 2902 1 4 Group R Occupancies Shall be provided with fixtures as shown m Table 2902 1 It is recommended, but not required, that the mimmum number of fixtures provided also comply with the number shown in Table 2902 1 Types of occupancies not shown in Table 2902 1 shall be considered mdlvldually by the building code official The number of occupants shall be determined by this code Occupancy classification shall be determined in accordance w~th Chapter 3 2902.1 1 Finish material Finish materials shall comply with Section 1209 2902.2 Unisex todet and bath fixtures Fixtures located within umsex toilet and bathing rooms complying with Chapter 11 is permitted to be included in determining the minimum required number of fixtures for assembly and mercantile occupancies Section 28-34. Deletion and Amendments is added to read The followmg sections of the residential code adopted by section 28-32 are amended to read as follows (1) R102 4 Referenced codes and standards The codes, when specifically adopted, and standards referenced m this code shall be considered part of the requirements of this code to the prescribed extent of each such reference Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well Any reference made to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply Exception. Where enforcement of a code provision would wolate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer's instructions shall apply (2) Section R105 2, item #1 and #2, change as follows 7 1 One-story detached accessory structures, provided the floor area does not exceed 120 square feet (18 58 11 15 m 2) 2 Delete (3) Sectton R109 1 3, change to read as follows R109 1 3 Floodplam mspecttons For construction permitted in areas prone to flooding as established by Table R301 2(1), upon placement of the lowest floor, including basement, and prior to further vertical construction, the bmldmg official may shall require submtsston of a certification, prepared by a registered professional engineer or land surveyor, of the lowest floor, mcludmg basement, required in Section R327 (4) Section RllO (RllO 1 through RllO 4), delete (5) Sectton R112.2 2, delete (6) Sectton R202, change definttton of "Townhouse" to read as follows TOWNHOUSE. A single-faintly dwelling unit constructed in a group of three or more attached umts separated by property hnes in which each unit extends from foundation to roof and with open space on at least two stdes (7) Table R3OL2(1); fill tn as follows 'Roof Snow Load Wind Se~smtc Design Category Speed (MPH) 5lb/ft sq 90 (3-sec-gust) 75 fastest A mile Subj eot to damage Winter Flood Weathenng Frost hne Termite Decay Destgn Hazards depth Temp Moderate 6" Very Slight to 22 degrees Local code heavy moderate F (8) SecttonR302 1, add a second exceptton as follows Exceptions: 1 Tool and storage sheds, playhouses and similar structures exempted from permtts by Section R105 2 are not reqmred to provide wall protection based on location on the lot Projectmns beyond the exterior wall shall not extend over the lot hne 2 Open metal carport structures may be constructed within zero (0) feet of the property line wtthout fire-reslsttve or opening protection when the location of such is approved as reqmred by other adopted ordinances (9) Sectton R303 3, exceptton, change to read as follows Exception: The glazed areas shall not be required where artificial light and a mechamcal ventilation system, complying w~th one of the following, are provided 1 The mlmmum ventilation rates shall be 50 cfm (23 6 L/s) for intermittent ventilation or 20 cfm (9 4 L/s) for continuous ventilation Ventilation air from the space shall be exhausted directly to the outside 2 Bathrooms that contan only a water closet, lavatory or combination thereof may be ventilated wxth an approved mechanical reclrculatmg fan or s~mllar device designed to remove odors from the air (10) Section R$05 6, change to read as follows R303 6 Required heatmg When the winter design temperature ~n Table R301 2(1) is below 60 degrees F(16 degrees C), every dwelling umt shall be provided with heating faclhtles capable of mantamlng a mmlmum room temperature of 68 degrees F (20 degrees C) at a point 3 feet (914 mm) above the floor and 2 feet (610 mm)from exterior walls in all habitable rooms at the design temperature (11) Section R$14 8, change to read as follows R314.8 Under stair protection. Enclosed accessible space under stairs shall have walls, under star surface and any soffits protected on the enclosed s~de w~th 5/8qnch (15 8 mm) fire-rated (12 7 mm) gypsum board or one-hour fire-resxstlve construction (12) Section R$21 1; add a second exception to read as follows Exceptions' 1 {Exlsttngexcepttonunchanged] 2 Two-famdy dwelling units that are also divided by a property line through the structure shall be separated as required for townhouses (13) Section R322 1, change to read as follows R322.1 Mmsture control In all framed walls, floors and roof/ce~hngs compnsmg elements of the building thermal envelope, a vapor retarder, when mstalled, shall be installed in a manner so as to not trap moisture on the warm-in-winter side of the ~nsulatton (Delete the exceptions) (14) Section R3271, change to read as follows R327.1 General. All bmldmgs and structures, when permitted to be erected in areas prone to flooding as identified in Table R301 2(1) and ctassffied as e~ther flood hazard areas (lncludmg V-Zones), shall be constructed and elevated as reqmred by the provisions contaned in this section or by other local provisions as applicable (15) Section R328, added to read as follows R328 All Occupancies An automatic sprinkler system shall be installed throughout all buildings 7,500 sq ft or larger For the purpose of this prowsmn, fire walls shall not define separate bmldlngs (16) Section R703 7 4 1, add a second paragraph to read as follows 9 For 3¼ square feet (0 302 m 2 ) of wall area, the following dimensions shall be adhered to 1 When ties are placed on studs 16" o c, they shall be spaced no further apart than 29" vertically starting approximately 15" from the foundation 2 When ties are placed on studs 24" o c, they shall be spaced no further apart than 19" vertically starting approximately 10" from the foundation (17) Section R703 7 4 2, add a second paragraph to read as follows When using ties that will flex when pushed, spot bedding of cement mortar shall be installed on all ties (18) Add Sectlon R902 3 to read as follows R902 3 Mlmmum Roof Class. All roof coverings shall be a minimum Class C All individual replacement shingles or shakes shall be a minimum Class C Exception Non-classified roof coverings shall be permitted on buildings of U occupancies having not more than 120 sq fi of projected roof area When exceeding 120 sq fi of projected roof area, bmldlngs of U occupancies may use non-rated non- combustible covenngs (19) Sectlon R9071; add a sentence to read as follows All individual replacement shingles or shakes shall comply with Sectmn R902 3 (20) Sectton R1005 2, changed to read as follows R1005.2 Exterior air intake The exterior mr intake shall be capable of providing all combustion air from the exterior of the dwelling or from spaces within the dwelling ventilated with outside air such as crawl or attic spaces The exterior air intake shall not be located within the garage or basement of the dwelling nor shall the mr intake be located at an elevation lugher than the firebox The exterior mr intake shall be covered with a corrosion-resistant screen of 1/4 -inch mesh (21) Section Nl101.2, amend as follows NIl01.2.1 Resldentaal Buildings, Type A-1 Compliance shall be demonstrated by either one of the following 1 Meeting the requirements of this chapter for buildings with a glazing area that does not exceed 15 percent of the gross area of exterior walls, or 2 Meeting the requirements of this chapter for buildings with a glazing area that is greater than 15 percent but not exceeding 20 percent of the gross area of exterior walls and air conditioning equipment rated 12 SEER or higher, 3 Meeting the requirements of this chapter for bmldlngs with a glazing area that is greater than 20 percent but not exceeding 25 percent of the gross area of exterior walls and a~r condltlomng equipment rated 14 SEER or higher, or 4 Meeting the requirements of the International Energy Conservatmn Code for residential buildings, Type AM 1 (22) Add Section NllO1 3 4 to read as follows 10 Nl101.3.4 Exterior basement or slab insulation When susceptlblhty to termite damage is classified as "very heavy" according to Table R301 2(1), designs employing basement or slab exterior insulation capable of harboring termites shall not be utilized (23) Seetton Nl102 1 amend as follows Nl102 1 Thermal performance criteria The minimum required insulation R-value or maximum required U-factor for each element in the building thermal envelope (fenestration, roof/cethng, opaque wall, floor, slab edge, crawl space wall and basement wall) shall be in accordance with the criteria in Table N101 4 2 5 of the [nternattonal Energy Conservatton Code Residential building, Type A-I, with greater than 15-percent glazing area, residential buildings, Type A-2, with greater than 25-percent glazing area, and any building in climates with HDD equal to or greater than 13,000, shall determine compliance using the building envelope requirements of the International Energy Conservatton Code (24) Replace Table Nl102 1 wtth: TABLE Nl102.1 SIMPLIFIED PRESCRIPTIVE BUILDING ENVELOPE THERMAL COMPONENT CRITERIA MINIMUM REQUIRED THERMAL PERFORMANCE (U-FACTOR AND R- VALUE) Maxtmum MINIMUM INSULATION R-VALUE ((HR-FT SQ ) * Glaztng DEGREES F/Btu) U-Factor Cedtngs Rafter Walls Floors Basement Slab Crawl (Btu/(hr*ftsq.* open to Assembly Walls Perimeter Space degrees F)) Attic Walls Space R-O 65 R-38 R-22 R-13 R-19 R-O R-O (25) Sectton Nl I 02 2 amend as follows Nl102 2 Maximum solar heat gain coefficient for fenestration products The area- weighted-average solar heat gain coefficient (SHGC) for glazed fenestration installed in climate zones ! and 2 (to a maximum of with less than 3,500 HDD) shall not exceed 0 40 (26) Add Sectton M1304 2 to read as follows M1304.2 Minimum burml depth. Underground fuel piping systems shall be installed a minimum depth of 18 inches (458 mm) below grade (27) Section M1305 1 3, change to read as follows M1305 1 3 Apphanees in attics Attics containing appliances requiring access shall be provided with an opening and a clear and unobstructed passageway large enough to allow removal of the largest appliance, but not less than 30 inches high and 22 inches wide and not more than 20 feet in length when measured along the centerhne of the passageway from the opening to the appliance The passageway shall have a continuous solid flooring m accordance with Chapter 5 not less than 25 roches wide A level service space at least 30 inches deep and 30 inches wide shall be present along all sides of the appliance where access is required The clear access opemng dimensions shall be a mtmmum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions are not large enough to allow removal of the largest appliance As a mlmmum, access to the attic space shall be provided by one of the following 1 A permanent stmr 2 A pull down stair 3 An access door from an upper floor level Exception' The passageway and level service space are not required where the appliance ts capable of being serviced and removed through the reqmred opening (28) Add Section M1305 1 5, M1305 1 $ I to read as follows M1305 1 5 Water heaters above ground or floor When the mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the bmkhng (29) M1305 1.5 1 Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the mmn level, lighting and a receptacle outlet shall be provided m accordance with Section M1305 1 3 1 (30) Section M1305.1 3.1; add a sentence to read as follows Low voltage wrong of 50 Volts or less shall be ~nstalled in a manner to prevent physical damage (31) Section M1305.1 4 1, change to read as follows M1305.1 4.1 Ground clearance. Appliances supported from the ground shall be level and firmly supported on a concrete slab or other approved material extending above the adjoining grade a minimum of 3 roches (76 mm) Appliances suspended from the floor shall have a clearance of not less than 6 inches (152 mm) above the ground (32) Section M1305 1.4 3; add a sentence to read as follows Low voltage wrong of 50 Volts or less shall be installed in a manner to prevent physical damage (33) Section M1307 3.1, delete. (34) Section M1501 2; change to read as follows M1501 2 Exhaust duet size The minimum diameter of the exhaust duct shall be as recommended by the manufacturer, and shall be at least the diameter of the appliance outlet and shall be a minimum nominal size of 4 inches (102 mm) tn d~ameter The s~ze of duct shall not be reduced along its developed length nor at the point of termination (35) Section M1501.3, change to read as follows M1501 3 Length limitation. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the wall or roof termmatmn with not more than two bends When extra bends are installed, the maximum length of the 12 duct shall be reduced 2 5 feet (762 mm) for each 45-degree (0 79 rad) bend and 5 feet (1524 mm) for each 90-degree (1 6 rad) bend that occur after the first two bends, measunng in the direction of airflow The maximum length of the exhaust duct does not include the transition duct (36)Section M1601.3 4, ttem #1, change to read as follows 1 Duct insulation shall conform to the requirements of Table M1601 3 4 and Section Nll0! 2 Should there be any conflicts between this section and the energy efficiency provisions, the energy efficiency prowslons shall take precedence A vapor retarder ~n accordance with Table M1601 3 4 having a maximum permeance of 0 05 penn [2 87 ng/(s m 2 Pa)] ~n accordance with ASTM E 96, or aluminum fml having a m~mmum thickness of 2 mils (0 051 mm), shall be installed on the exterior of ~nsulatlon on cooling supply ducts that pass through noncond~tloned spaces conducive to condensation Insulations having a permeance of 0 05 perms [2 87 ng/(Pa s m 2 )] or less shall not be reqmred to be covered 13 (37) Add Table M1601 3 4 to read as follows Duct Location Insulation Types Heating Insulation Types Mechanically Zone Heating only Cooled On roof on exterior of braiding C,V (2) W I ~ & W II B &W III C & W Attics, garages & crawl spaces : A & V (2) I A : II A III B In walls (3), within floor cellmg A & V (2) I A spaces (3) II A III B Within conditioned space or in None Required None Required basements, return ducts m mr plenums Cement slab or wlttnn ground None Required None Reqmred Note. Where ducts are used for both heating and cooling, the minimum insulation shall be as required for the most restrictive condition 1 Heating Degree Days Zone I below 4,500 D D Zone II 4,501 to 8,000 D D Zone III over 8,000 D D 2 Vapor retarders shall be installed on supply ducts in spaces vented to the outside in geographic areas where the summer dew point temperature based on the 2 ½ percent column of dry-bulb and mean coincident wet-bulb temperature exceeds 60 0 F (15 4 0 C) 3 Insulation may be omitted on that portion of a duct which is located within a wall- or a floor-celhng space where 3 1 Both sides of the space are exposed to conditioned mr 3 2 The space is not ventilated 3 3 The space is not used as a return plenum 3 4 The space is not exposed to unconditioned mr Ceilings which form plenums need not be insulated INSULATION TYPES 4 A -- A material with an installed conductance of 0 48 [2 72 W/(m*K)] or the equivalent thermal resistance of 2 1 [0 367 (m*K)/W] Example of materials capable of meeting the above requirements 1-1nch (25 mm), 0 60 lb/cu ft (9 6 kg/m 3 ) mineral fiber, rock, slag or glass blankets 14 ½-1nch (13 mm), 1 5 to 3 lb/cu ft (24 to 48 kg/m 3 ) mineral fiber blanket duct hner V2-mch (13 mm), 3 to 10 lb/cu ft (48 to 160 kg/m 3 ) m~neral fiber board B -- A material w~th an ~nstalled conductance of 0 24 [1 36 W/(m*K)] or the eqmvalent thermal resistance of 4 2 [0 735 (m*K)/W] Example of materials capable of meeting the above reqmrements 2qnch (51 mm), 0 60 lb/cu f~ (9 6 kg/m 3 ) m~neral fiber blankets lqnch (25 mm), 1 5 to 3 lb/cu ft (24 to 48 kg/m 3 ) m~neral fiber blanket duct hner lqnch (25 mm), 3 to 10 lb/cu ft (48 to 160 kg/m 3 ) m~neral fiber board C -- A material w~th an ~nstalled conductance of 0 16 [0 9 W/(m*K)] or the eqmvalent thermal remstance of 6 3 [1 l (m*K)/W] Example of materials capable of meeting the above reqmrements 3qnch (76 mm), 0 60 lb/cu ft (9 6 kg/m 3 ) m~neral fiber blankets 1 ½-tach (38 mm), ! 5 to 3 lb/cu ft (24 to 48 kg/m 3 ) m~neral fiber blanket duct lmer 1 ¥2qnch (38 mm), 3 to 10 lb/cu ft (48 to 160 kg/m 3 )mmeral fiber board V --Vapor Retarders Material w~th a perm rating not exceeding 0 05 perm [29 ng/Pa*s*m 2 ] All joints to be sealed W - Approved weatherproof bamer 4 The example of materials hsted under each type ~s not meant to hm~t other avmlable thickness and density combmat~ons w~th the eqmvalent installed conductance or resmtance based on the msulatlon only (38) Sectton M2005 2, change to read as follows' M2005 2 Prohibited locations. Fuel-fired water heaters shall not be ~nstalled ~n a room used as a storage closet Water heaters located ~n a bedroom or bathroom shall be installed ~n a sealed enclosure so that combustion mr w~ll not be taken from the hwng space Access to such enclosure may be from the bedroom or bathroom when through a sohd door, weather-stripped ~n accordance w~th the exterior door mr leakage reqmrements of the Internattonal Energy Conservation Code and eqmpped w~th an approved self-closing dewce D~rect-vent water heaters are not reqmred to be installed w~thm an enclosure (39) Sectton G2403, amend deflnttton of "Unrented Room Heater" to add a sentence to read as follows For the purpose of ~nstallat~on, th~s defimt~on shall also include "Unvented Decorative Apphances" (40) Sectton G240715, ttem #1, change the exceptton to read as follows Exception Unobstructed stud and jo~st spaces w~thm dwelhng umts shall not be prohibited from conveying combustion mr, prowded that not more than one reqmred fireblock ~s removed (41) Sectton G2408 3, delete 15 (42) Section G2411.5, add a second paragraph to read as follows Both ends of each section of medium pressure corrugated stainless steel tubing (CSST) shall identify its operating gas pressure with an approved tag The tags are to be composed of aluminum or stainless steel and the following wording shall be stamped into the tag "WARNING 1/2 to 5 psi gas pressure Do Not Remove" (43) Section G2412 3; add an exceptton to read as follows Exception Corrugated stainless steel tubing (CSST) shall be a minimum of I/2" (44) Sectton G2414 6, change to read as follows G2424.6 (404.6) Piping In solid floors Piping in solid floors shall be laid in channels in the floor and covered m a manner what will allow access to the piping with a minimum amount of damage to the building Where such piping is subject to exposure to excessive moisture or corrosive substances, the piping shall be protected in an approved manner As an alternative to installation in channels, the piping shall be installed in accordance with Section G2414 11 (404 11) a casing of schedule 40 steel, wrought iron, PVC or ABS pipe with tightly sealed ends and joints Both ends of such casing shall extend not less than 2 inches (51 mm) beyond the point where the pipe emerges from the floor (45) Sectton G2414.9, change to read as follows G2414 9 (404.9) Minimum burial depth. Underground piping systems shall be installed a minimum depth of 12 18 inches (305 458 mm) below grade, except as provided for in Section G2414 9 1 (46) Section G2414.9 1, delete (47) Section G2416 4; add a sentence to read as follows The equipment used shall be of an appropriate scale such that pressure loss can be easily determined (48) Sectton G2416.4 1; change to read as follows: G2416.4 1 (406.4 1) Test pressure. The test pressure to be used shall be not less than one and one-half t~mes the proposed maximum working pressure, but not less than 3 10 pslg (20 68 9 Ir, Pa gauge), or at the d~scretlon of the Code Official, the piping and valves may be tested at a pressure of at least slx (6) inches (152 mm) of mercury, measured with a manometer or slope gauge irrespective of design pressure Where the test pressure exceeds 125 ps~g (862 kPa gauge), the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the speclfxed minimum yield strength of the pipe For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) roches water column pressure (3 48 kPa), the test pressure shall not be less than sixty (60) pounds per square inch (413 4 lcPa) (49) Sectton G2416 4 2, change to read as follows G2416 4 2 (406 4 2) Test duration Test duration shall be held for a length of t~me satisfactory to the Code Official, but in no case for less than fifteen (15) minutes For welded piping, and for plpmg carrying gas at pressures ~n excess of fourteen (14) tnches water column pressure (3 48 kPa), the test duratton shall be held for a length of time satisfactory to the Code Official, but ~n no case for less than tturty (30) minutes (50) Add Sectton G2419 1.4 to read as follows' G2419.1 4 Valves m CSST installations Shutoff valves installed with corrugated stmnless steel (CSST) p~p~ng systems shall be supported with an approved termtnat~on fitting, or equivalent support, suitable for the stze of the valves, of adequate strength and quahty, and located at tntervals so as to prevent or damp out excessive vibration but ~n no case greater than 12-roches from the center of the valve Supports shall be ~nstalled so as not to mterfere w~th the free expansmn and contractton of the system's ptp~ng, fittings, and valves between anchors All valves and supports shall be destgned and ~nstalled so they will not be d~sengaged by movement of the supporting ptp~ng (SD Sectton G2420.1; add a second paragraph and exceptton to read as follows Access to regulators shall comply with the requirements for access to apphances as specified m Sectmn M1305 Exception A passageway or level service space ts not required when the regulator ts capable of being serviced and removed through the required attm opening (52) Sectton G2437 5; add a sentence to read as follows The size of duct shall not be reduced along its developed length nor at the point of termination (53) $ectton G2437 5 1, change to read as follows G2437 5 1 (613.6 1) Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer locatmn to the outlet terminal w~th not more than two bends When extra bends are installed, the maximum length of the duct shall be reduced 2 1/2 feet (762 mm) for each 45-degree (0 79 rad) bend and 5 feet (1524 mm) for each 90-degree (1 6 rad) bend that occur after the first two bends, measunng in the direction of mrflow {Exceptton ts unchanged} (54) Section G2443.2, change to read as follows. G2443.2 (620.2) Prohibited use One or more unvented room heaters shall not be used as the sole source of comfort heating in a dwelhng umt Exception' Existing approved unvented heaters may conttnue to be used ~n dwelhng units, m accordance with the code prows~ons ~n effect when mstalled, when approved by the Code Official unless an unsafe condttmn ~s determined to exmt as described tn Internattonal Fuel Gas Code Section 108 7 (55) Section G2446.1 1, change to read as follows G2446.1 1 (623 1.1) Installation requtrements The reqmrements for water heaters relative to access, sizing, rehef valves, dratn pans and scald protection shall be m accordance w~th this code access ) (56) Sectton P2503 5 1, ttetn 1; add a second paragraph to read as follows Shower receptors shall be tested for water t~ghtness by filhng w~th water to the level of the rough threshold The drmn shall be plugged ~n a manner so that both sides of pans shall be subjected to the test at the point where ~t ~s clamped to the drmn (57) Sectton P2503 7 2, change to read as follows P2503.7.2 Testing Reduced pressure pnnc~ple backflow preventers, double check assembhes, double-detector check valve assembhes, and pressure vacuum breaker assemblies shall be tested at the t~me of ~nstallatton, ~mmed~ately after repairs or relocation and at regular ~ntervals as reqmred by apphcable state or local prows~ons least annually (58) .,ldd Sectton P2603 6 1 to read as follows' P2603.6 1 Sewer depth Bmldtng sewers shall be a rmmmum of 12 mches (304 mm) below grade (59) Sectton P2708 1; change to read as follows P2708.1 General. Shower compartments shall have at least 900 square ~nches of floor area and be suffiment s~ze to ~nscnbe a ctrcle w~th a d~ameter not less than 30 inches H~nged shower doors shall open outward The wall area above bmltqn tubs hawng installed shower heads and m-shower compartments shall be constructed as per Sectton R307 2 R702 4 Such walls shall form a water-t~ght joint w~th each other and w~th etther the tub, receptor or shower floor (60) $ectton P270&l, add a sentence to read as follows Thresholds shall be of sufficient w~dth to accommodate a mtmmum twenty-two (22) ~nch (559 mm) door (61) Section P2709.1, add an exceptton to read as follows Exceptmn Showers designed to comply w~th ICC/ANSI A117 1 (62) $ectton P2710.1, change to read as follows P2710 1 Finished. Shower walls shall be fimshed ~n accordance w~th Sectmn R307 2 R702 4 (63) Section P2803 6 1, change to read as follows P2803.6 1 Reqmrements for d~scharge The outlet of a pressure rehef valve, temperature rehef valve or combination thereof, shall not be dtrectly connected to the dramage system The d~scharge from the rehef valve shall be p~ped full slze separately to the outside of the bmld~ng or to an md~rect waste receptor located ~ns~de the bmldmg In areas subject to freezing, the rehef valve shall d~scharge through an mr gap ~nto an ~nd~rect waste receptor located w~th~n a heated space, or by other approved means The d~scharge p~pe shall not d~scharge ~nto the pan reqmred ~n Section P2801 5 The d~scharge shall be ~nstalled ~n a manner that does not cause personal ~njury or property damage and that ~s readily observable by the bmld~ng occupants The dtscharge fi.om a rehef valve shall not be trapped The d~ameter of the d~scharge p~pmg shall not be less than the diameter of the relief valve outlet The discharge pipe shall be installed so as to dra~n by gravity flow and shall terminate atmospherically not more than 6 ~nches (152 mm) above the floor When discharging outside the building, the point of discharge shall be with the end of the pipe not more than two (2) feet (610 mm) nor less than six (6) inches (152 mm) above the ground or the floor level of the area receiving the discharge and polnt~ng downward The end of the discharge pipe shall not be threaded (64) Table P2904 4 1, delete "Polybutylene (PB) plasttc ptpe and tubtng" (65) Secttons P2904 5, 2904 5 1 and 2904 12, delete reference to "PB" plasttc lnpe (66) Section P$005.2 6, changed to read as follows P3005 2.6 Upper terminal Base of stacks Each horizontal drmn shall be provided with a cleanout at its upper terminal Accessible cleanouts shall be provided near the base of each vertical waste or soil stack Alternatively, such cleanouts may be installed outside the building within 3 feet (914 mm) of the bmldlng wall Exception Cleanouts may be omitted on a horizontal drain less that five (5) feet (1524 mm) in length unless such hne is serving sinks or urinals (67) Seetton P$103.1, changed to read as follows P3103.1 Roof extension All open vent pipes which extend through a roof shall be terminated at least slx (6) inches (152 mm) above the roof or [number] inches above thc anticipated snow accumulation, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be mn at least 7 feet above the roof (68) Seettons P$I05 2 and P$105 3 and Ftgure PS105 3, delete (69) Seenon P$11L1, change to read as follows P3111 1 Type of fixture A combination waste and vent system shall not serve fixtures other than floor drains, standpipes, sinks and lavatories indirect waste receptors Combination drmn and vent systems shall not receive the discharge of a food waste gnnder (70) Section P3111 2, change to read as follows P3111.2 Installation. The only vertical pipe ora combination drain and vent system shall be the connection between the fixture drain of a s~nk, lavatory or standpipe, and the horizontal combination waste and vent p~pe The maximum vertical distance shall be 36 inches 8 feet (914 2438 mm) (71) Seetton E3301 1; add a sentence to read as follows All references to NFPA 70 shall mean the Electrical Code as adopted (72) Seetton E3506 3, change to read as follows E3306.3 Minimum size of conductors The minimum size of conductors for feeders and branch circuits shall be No 14 copper and No 12 aluminum The m~mmum size of servtce conductors shall be as specified ~n Chapter 35 The m~mmum raze of class 2 remote, mgnahng and power-hm~ted ctrcmts conductors shall be as specffied tn Chapter 42 (73) Sectton E3306 6, change to read as follows E3306 6 Conductors m parallel. Ctremt conductors that are electrically jomed at each end to form a single conductor shall be hmtted to razes No 1/0 and larger Conductors in parallel shall be of the same length, same conductor material, same mrcular md area and same msulatmn Conductors tn parallel shall be terminated tn the same manner Where run tn separate raceways or cables, the raceway or cable shall have the same phymcal charactenstms (74) Sectton E3802 8; change to read as follows E3802 8 Exempt receptacles. Receptacles tnstalled under excepttons to Secttons E3802 2 and E3802 4 E3802 5 shall not be conmdered as meettng the reqmrements of Sectton E3801 10 E3801 9 Section 28-124. Deletton and Amendments ts added to read (1) Sectton 102 2, add an exceptton to read as follows Exception. Exmt~ng dwelhng umts shall comply wtth Sectton 620 2 (2) Sectton 102 8; change to read as follows 102 8 Referenced codes and standards The codes and standards referenced heretn shall be those that are hsted ~n Chapter 7 and such codes, when specffically adopted, and standards shall be conmdered part of the reqmrements of thts code to the prescribed extent of each such reference Where differences occur between prowmons of th~s code and the referenced standards, the provm~ons of thru code shall apply Whenever amendments have been adopted to the referenced codes and standards, each reference to smd code and standard shall be conmdered to reference the amendments as well Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted (3) Sectton 202, amend definttton of "Unrented Room Heater" to add a sentence to read as follows. For the purpose of ~nstallat~on, th~s defimtton shall also include "Unvented Decorative Apphances" (4) Sectton 302 3; change to read as follows: 302 3 Cutting, notching and bormg tn wood members When permttted by the Internattonal Budding Code, the cutting, notching and bonng of wood members shall comply w~th Secttons 302 3 1 through 302 3 3 (5) Sectton 305 4, delete (6) Add Section 305 5 to read as follows 305 5 Clearances from grade. Equipment and apphances ~nstalled at grade level shall be supported on a level concrete slab or other approved material extending above adjo~mng grade a mm~mum of 3 roches (76 mm) or shall be suspended a minimum of 6 ~nches (152 mm) above adjoining grade (7) Section 306 3, change to read as follows 306.3 Apphances m attics Attics contmmng apphances requ~nng access shall be prowded w~th an opening and unobstructed passageway large enough to allow removal of the largest apphance The passageway shall not be less than 30 ~nches h~gh and 22 roches w~de and not more than 20 feet m length measured along the centerhne of the passageway from the opemng to the apphance The passageway shall have a continuous sohd flooring not less than 24 ~nches w~de A level service space not less than 30 roches deep and 30 roches w~de shall be present at the front or service s~de of the equipment The clear access opemng dimensions shall be a m~mmtun of 20 roches by 30 tnches (508 mm by 762 mm), or larger where such d~menslons are not large enough to allow removal of the largest apphance As a mm~mum, access to the attic space of res~denttal uses shall be prowded by one of the following 1 A permanent stair 2 A pull down stair 3 An access door from an upper floor level Exception: The passageway and level service space are not required where the apphance ~s capable of being serviced and removed through the required opemng (8) Sectton 306.3 I, add a sentence to read as follows' Low voltage wrong of 50 Volts or less shall be mstalled m a manner to prevent physical damage (9) Sectton 306.4 1, add a sentence to read as follows Low voltage wrong of 50 Volts or less shall be installed m a manner to prevent physical damage (10) Sectton 306 5; change to read as follows 306 5 Apphances on roofs or elevated structures Where apphances requlnng access are installed on roofs or elevated structures at a height exceeding 16 feet (4877 mm), such access shall be prowded by a permanent approved means of access the extent of which shall be from Permanent exterior ladders prowdmg roof access need not extend closer than 8 feet (2438 mm) to the fimsh grade or floor level below and shall extend to the apphance's level service space Such access shall not reqmre chmbmg over obstructions greater than 30 roches h~gh or walking on roofs hawng a slope greater than 4 umts vertical m 12 umts horizontal (33-percent slope) (Il) Add Sectton 306.5 1 1 to read as follows' 306 fi 1.1 Catwalk. On roofs hawng slopes greater than 4 umts vertical m 12 umts horizontal, a catwalk at least 16 mches m w~dth w~th substantial cleats spaced not more than 16 roches apart shall be provided from the roof access to the working platform at the apphance (12) Section 306.5 2, add a sentence to read as follows Low voltage wrong of 50 Volts or less shall be installed m a manner to prevent physical damage (13) Add Sectton 306 7 to read as follows 306 7 Water heaters above ground or floor When the attic, roof, mezzanine or platform tn which a water heater ~s installed ~s more than eight (8) feet (2438 mm) above the ground or floor level, ~t shall be made accessible by a stmrway or permanent ladder fastened to the bmldmg 306 7 1. Whenever the mezzamne or platform ~s not adequately hghted or access to a receptacle outlet ~s not obtmnable from the mmn level, hghtmg and a receptacle outlet shall be prowded ~n accordance wtth Sectmn 306 3 1 (14) Sectton 401.5, add a second paragraph to read as follows Both ends of each section of medium pressure corrugated stmnless steel tubing (CSST) shall ~dent~fy ~ts operating gas pressure w~th an approved tag The tags are to be composed of aluminum or stainless steel and the following wording shall be stamped ~nto the tag "WARNING 1/2 to 5 ps~ gas pressure Do Not Remove" (15) Sectton 402.3, add an exceptton to read as follows Exception: Corrugated stannless steel tubing (CSST) shall be a m~mmum of 1/2" (16) Section 404.6, change to read as follows 404.6 P~ping in sohd floors. P~pmg m sohd floors shall be lind ~n channels ~n the floor and covered m a manner that wall allow access to the p~p~ng w~th a m~mmum amount of damage to the braiding Where such p~p~ng ~s subject to exposure to excessive motsture or corrosive substances, the p~p~ng shall be protected ~n an approved manner As an alternative to installation ~n channels, the p~p~ng shall be ~nstalled ~n accordance w~th Sectmn 404 11 a cas~ng of schedule 40 steel, wrought ~ron, PVC or ABS p~pe wtth t~ghtly sealed ends and joints Both ends of such casing shall extend not less than 2 ~nches (51 mm) beyond the point where the p~pe emerges from the floor (17) Sectton 404 9, change to read as follows' 404 9 Minimum burial depth. Underground p~p~ng systems shall be installed a m~mmum depth of 18 ~nches (305 458 mm) below grade, except as prowded for ~n Section 404 9 1 (18) Section 404 9 1, delete (19) Section 406 4, add a sentence to read as follows The eqmpment used shall be of an appropriate scale such that pressure loss can be easily determined (20) Section 406 4 1, change to read as follows 406 4 1 Test pressure The test pressure to be used shall be not less than 1 1/2 times the proposed maximum working pressure, but not less than 10 pslg (20 68 9 kPa gauge), or at the discretion of the Code Official, the piping and valves may be tested at a pressure of at least six (6) inches (152 imm) of mercury, measured with a manometer or slope gauge irrespective of design pressure Where the test pressure exceeds 125 psig (862 kPa gauge), the test pressure shall not exceed a value that produces a hoop stress In the piping greater than 50 percent of the specified minimum yield strength of the pipe For welded piping and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3 48 kPa), the test pressure shall not be less than sixty (60) pounds per square inch (413 4 kPa) (21) Section 406.4 2, change to read as follows 406.4.2 Test duration Test duration shall be held for a length of time satisfactory to the Code Official, but in no case for not less than fifteen (15) minutes For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3 48 kPa), the test duration shall be held for a length of time satisfactory to the Code Official, but in no case for less than thirty (30) minutes 1/2 hour for each 500 cubic feet (14 m 3 ) of pipe volume or fraction thereof When testing a system having a volume less than 10 cubic feet (0 28 m 3) or a system In a single-family dwelling, the test duration shall be permitted to be reduced to 10 minutes For piping systems having a volume of more than 24,000 cubic feet (680 m 3), the duration of the test shall not be required to exceed 24 hours (22) Add Section 409 1.4 to read as follows 409 1.4 Valves In CSST Installations Shutoff valves installed with corrugated stmnless steel (CSST) p~plng systems shall be supported with an approved termination fitting, or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but m no case greater than 12-roches from the center of the valve Supports shall be installed so as not to mterfere w~th the free expansion and contraction of the system's piping, fittings, and valves between anchors All valves and supports shall be designed and installed so movement of the supporting piping will not disengage them (23) Section 410 1; add a second paragraph and exception to read as follows Access to regulators shall comply with the requirements for access to appliances as specffied in Section 306 Exception A passageway or level service space is not required when the regulator is capable of being serviced and removed through the required attic opening (24) Section 613 6, add a sentence to read as follows The raze of duct shall not be reduced along its developed length or at the point of termination (25) Section 613 6.1, change to read as follows 613 6 1 Maximum length The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the outlet terminal with not more than two bends When extra bends are installed, the maximum length of the duct shall be reduced 2 5 feet (762 mm) for each 45-degree (0 79 rad) bend and 5 feet (1524 nun) for each 90-degree (1 6 rad) bend that occur after the first two bends, measunng in the direction of mrflow {Exception ~s unchanged} (26) Section 620 2; change to read as follows: 620 2 Prohibited use One or more unvented room heaters shall not be used as the sole source of comfort heating in a dwelling unit Exception' Existing approved unvented heaters may continue to be used in dwelling units, in accordance with the code provisions in effect when installed, when approved by the Code Official unless an unsafe condition is determined to exist as described in Section 108 7 (27) Section 623 1 1; change to read as follows 623 1 1 Installation requirements The requirements for water heaters relative to access, sizing, relief valves, drmn pans and scald protection shall be in accordance with the International Plumbing Code Sectton 28-145 Deletions and amendments is amended to read (1) Section 102.8, change to read as follows. 102 8 Referenced codes and standards The codes and standards referenced in this code shall be those that are listed m Chapter 13 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference Where the requirements of reference standards or manufacturer's installation instructions do not conform to minimum provisions of this code, the provisions of this code shall apply Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted (2) Seetton 305.6 1, change to read as follows 305 6.1 Sewer depth Building sewers that connect to private sewage disposal system shall be a minimum of [number] inches (mm) below finished grade at the point of septic tank connection Bmldlng sewers shall be a minimum of 12 inches (304 mm) below grade disposal because a private sewage disposal code is not typically adopted in this region ) (3) Seetton $05 9, change to read as follows 305 9 Protection of components of plumbing system Components of a plumbing system installed within 3 feet along alleyways, driveways, parking garages or other locations in a manner in which they would be exposed to damage shall be recessed into the wall or otherwise protected in an approved manner (4) Secnon 310.4; delete (5) Sections 312 9.1 and 312 9 2, change to read as follows 312 9.1 Inspections Annual inspections shall be made of all backflow prevention assemblies and air gaps to determine whether they are operable In the absence of local provisions, the owner is responsible to ensure that testing is performed 312 9 2 Testing Reduced pressure principle backflow preventer assemblies, double check-valve assemblies, double-detector check valve assemblies and pressure vacuum breaker assembhes shall be tested at the time of installation, immediately after repmrs or relocation and at least annually The testing procedure shall be performed in accordance with applicable local provisions In the absence of local provisions, the owner is responsible to ensure that testing is done in accordance with one of the following standards ASSE 5010-1013-1, Sections 1 and 2 ASSE 5010-1015-1, Sections 1 and 2 ASSE 5010-1015-2 ASSE 5010-1015-3, Sections 1 and 2 ASSE 5010-1015-4, Sections 1 and 2 ASSE 5010-1020-1, Sections 1 and 2 ASSE 5010-1047-1, Sections 1,2,3 &4 ASSE 5010-1048-1, Sections 1,2,3 &4 ASSE 5010-1048-2 ASSE 5010-1047-3, Sections 1,2,3 &4 ASSE 5010-1047-4, Sections 1,2,3 &4 CAN/CSA B64 10 (6) Section 314 2 1; modify second sentence to read as follows 314 2.1 Condensate disposal Condensate from all cooling coils and evaporators shall be conveyed from the drain pan outlet to an approved place of disposal Condensate shall not discharge in a publicly exposed area such as into a street, alley, sidewalk or other areas so as to cause a nuisance (7) Section 314.2.2; add a second paragraph to read as follows Condensate waste pipes from mr-coohng coils may be sized in accordance with equipment capacity as follows Equipment Capacity in tons of Minimum Condensate Pipe refrigeration Inside Diameter Up to 20 tons 3/4 inch Over 20 to 40 tons 1 inch Over 40 to 90 tons 1 1/4 inch Over 90 to 125 tons 1 t/2 inch Over 125 to 250 tons 2 inch The size of condensate waste pipes may be for one unit or a combination of umts, or as recommended by the manufacturer The capamty of waste p~pes assumes a 1/8-tach-per- foot slope, with the pipe rurmlng three-quarters full (8) Sectton 314.2.3, add ttern #4 to read as follows 4 D~scharge, as noted, shall be to a conspmuous pmnt of d~sposal to alert occupants m the event of a stoppage of the drmn However, the conspicuous point shall not create a hazard such as dripping over a walking surface or other areas so as to create a nmsance (9) Section 401.1; add a sentence to read as follows The provisions of this Chapter are meant to work ~n coordination w~th the prows~ons of the Budding Code Should any conflicts arise between the two chapters, the Code Offimal shall determine which prows~on applies (10) Sectton 403.1, change to read as follows 403 1 Minimum number of fixtures Plumbing fixtures shall be prowded for the type of occupancy and ~n the mlmmum number as follows 1 Assembly Occupanmes At least one dnnkmg fountmn shall be provided at each floor level m an approved location Exception: A dnnklng fountain need not be provided ~n a dnnkmg or d~mng establishment 2 Groups A, B, F, H, I, M and S Occupanmes Buildings or portions thereof where persons are employed shall be provided w~th at least one water closet for each sex except as provided for m Section 403 2 3 Group E Occupancies Shall be provided with fixtures as shown ~n Table 403 1 4 Group R Occupancies Shall be prowded w~th fixtures as shown ~n Table 403 1 It is recommended, but not required, that the m~mmum number of fixtures provided also comply with the number shown m Table 403 1 Types of occupancies not shown in Table 403 1 shall be considered Indlwdually by the code offimal The number of occupants shall be determined by the Internatzonal Bml&ng Code Occupancy classfficatlon shall be determined m accordance w~th the Internatzonal Bmldmg Code (11) Add Section 403 1 2 to read as follows 403 1.2 Finish material Finish materials shall comply w~th Section 1209 of the Internattonal Butldtng Code (12) Section 404 2; change to read as follows 404 2 Unisex toilet and bathing rooms In assembly and mercantile occupancies, an accessible unisex toilet room shall be prowded where an aggregate of s~x or more male or female water closets are reqmred prowded In buildings of mixed occupancy, only those water closets reqmred for the assembly or mercantile occupancy shall be used to determine the umsex todet room reqmrement In recreational famhtles where separate-sex bathing rooms are provided, an accessible unisex bathing room shall be promded (13) Section 405 6, delete 26 (14) Section 409 2, change to read as follows 409 2 Water connection The water supply to a commemlal dishwashlng machine shall be protected against backflow by an mr gap or backflow preventer in accordance with Section 608 (15) Section 410.1, change to read as follows 4101 Approval Dnnkmg fountains shall conform to ASME All2 19 1, ASME All2 192 or ASME All2 19 9, and water coolers shall conform to ARI 1010 Where water is served in restaurants or where bottled water coolers are provided in other occupancies, drinking fountains shall not be required Exception: A drinking fountain need not be provided in a dnnklng or dining establishment (16) Section 412.4; change to read as follows 412 4.Requared location Public laundries and central washing facilities Floor drmns shall be mstalled in the following areas 1 In public corn-operated laundries and in the central washing facthtles of multiple family dwellings, the rooms containing the automatic clothes washers shall be provided with floor drmns located to readily drain the entire floor area Such drmns shall have a minimum outlet cross section of not less than 3 inches (76 mm) in diameter 2 Commercial kitchens (In lieu of floor drains in commercial kitchens, the code official may accept floor sinks ) (17) Section 413.4, change to read as follows. 413 4 Water supply required. All food waste gnnders shall be provided with a supply of cold water The water supply shall be protected against backflow by an air gap or with the installation of a backflow preventer in accordance with Section 608 (18) Section 417.5, change to read as follows' 417 $ Shower floors or receptors Floor surfaces shall be constructed of impervious, noncorrosive, nonabsorbent and waterproof materials Thresholds shall be a minimum of 2 roches (51 mm) and a maximum of 9 inches (229 mm), measured from top of the drain to top of threshold or dam Thresholds shall be of sufficient width to accommodate a mlmmum twenty-two (22) inch (559 mm) door Exception. Showers designed to comply with ICC/ANSI A117 1 (19) Section 417.$ 2, change to read as follows 417 5.2 Shower lining Floors under shower compartments, except where prefabricated receptors have been prowded, shall be lined and made water tight utdlzlng material complying with Sections 417 5 2 1 through 417 5 2 4 Such liners shall turn up on all sides at least 2 3 inches (51 mm) above the finished threshold level and shall extend outward over the threshold and fastened to the outside of the threshold jamb Liners shall be recessed and fastened to an approved backing so as not to occupy the space required for wall covenng, and shall not be nailed or perforated at any point less than 1 inch above the finished threshold Liners shall be pitched one-forth unit vertical in 12 units horizontal (2-pement slope) and shall be sloped towards the fixture drains and be securely fastened to the waste outlet at the seepage entrance, making a water-tight joint between the liner and the outlet (20) Add Section 417 7 to read as follows 417 7 Test for shower receptors Shower receptors shall be tested for water tightness by filling with water to the level of the rough threshold The drain shall be plugged in a manner so that both sides of pans shall be subjected to the test at the point where it is clamped to the drain (21) Section 419.3; change to read as follows 419 3 Surrounding material Wall and floor space to a point 2 feet (610 mm) in front of a unnal lip and 4 feet (1219 mm) above the floor and at least 2 feet (610 mm) to each side of the unnal shall be waterproofed with a smooth, readily cleanable, hard, nonabsorbent material (22) Section 502.5, change to read as follows 502 5 Water heaters installed in attics Attics containing a water heater shall be provided with an opening and unobstructed passageway large enough to allow removal of the water heater The passageway shall not be less than 30 inches high and 22 inches wide and not more than 20 feet in length when measured along the centerhne of the passageway from the opening to the water heater The passageway shall have continuous solid floonng not less than 24 inches wide A level service space at least 30 inches deep and 30 roches wide shall be present at the front or service side of the water heater The clear access opemng dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions are not large enough to allow removal of the water heater (23) Add Section 502 $1 to read as follows' 502 5.1 Electrical requirements. A lighting fixture controlled by a switch located at the required passageway opening and a receptacle outlet shall be provided at or near the equipment Iocat~on in accordance with the electrical code (24) Add Sectton $02 7 to read as follows 502 7 Water heaters above ground or floor When the attic, roof, mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building 502 7 1 Whenever the mezzanine or platform ~s not adequately lighted or access to a receptacle outlet is not obtmnable from the main level, hght~ng and a receptacle outlet shall be provided in accordance with Section 502 5 1 (25) Section 504 6 1; change to read as follows 504 6 1 Discharge The relief valve shall discharge through full size piping to a safe place of disposal such as the floor drain, outside the bmld~ng, or an redirect waste receptor The discharge pipe shall not have any trapped sections When the drain pipe run ~s exposed, in an area outside of the room where the water heater is located, ~n a manner that would make it subject to damage, the drain and shall have a wslble mr gap or air gap fitting located m the same room as the water heater The discharge shall be tnstalled tn a manner that does not cause personal tnjury to occupants in the ~mmedtate area or structural damage to the bmldlng The end of the dtscharge ptpe shall not be threaded The d~scharge pxpe shall not d~scharge ~nto the pan reqmred tn Sectton 504 7 When discharging outside the budding, the pomt of dtscharge shall be with the end of the pipe not more than two (2) feet (610 mm) nor less than stx (6) inches (152 mm) above the ground or the floor level of the area receiving the dtscharge and pmntmg downward (26) Sectton $05.1; change to read as follows 505 1 Unfired vessel insulation. Unfired hot water storage tanks shall be tnsulated so that heat loss is hmlted as specified tn Sectton 504, Internattonal Energy Conservatzon Code {Delete remmnder of section} (27) Add Sectton 506, 506 1 to read as follows SECTION 506 COMBUSTION AIR AND VENTILATION 506 1 Combustion air and ventilation. Combustmn atr and ventilation for fuel bummg water heaters, other than gas-fired, shall be m accordance wtth the Internattonal Mechamcal Code Combustion mr and ventilation for gas-fired water heaters shall be m accordance wxth the Internatzonal Fuel Gas Code (28) Add Section 604.4 1 to read as follows 604 4.1 State maximum flow rate Where the State mandated maximum flow rate ts more restrictive than those of thru section, the State flow rate shall take precedence (29) Tables 605.4 and 605 5, delete "Polybutylene (PB) plasttc p~pe and tubing' (30) Section 606 1; delete ttems #4, $ and 6 (31) Section 606 2; items #1 and2 changes to read as follows 1 On the fixture supply to each plumbing fixture m other than one- and two-famdy and multiple family resxdentml occupancies, and other than tn md~wdual guestrooms that are prowded w~th umt shutoff valves tn hotels, motels, boardtng houses and similar occupancies Exception. Tub and shower valves 2 On, the water supply ptpe to each sfllcock when subject to freeztng (Reason To provide shut-off valves to every fixture ) (32) Sectton 607 2 1, change to read as follows 607 2.1 P~pmg ~nsulation. Ptp~ng tn reqmred return ctrculatton systems shall be insulated as required in Sectton 504, Internatmnal Energy Conservatton Code {Delete rematnder of sectton} (33) Section 608 1, change to read as follows 608 1 General. A potable water supply system shall be destgned, installed and mamtmned m such a manner so as to prevent contammatton from nonpotable hqmds, solids or gases being mtroduced mto the potable water supply through cross-conneettons or any bther p~plng connectmns to the system Back flow preventer apphcat~ons shall conform to apphcable local regulations, Table 608 1, except and as spemfically stated ~n Sectmns 608 2 through 608 16 9 (34) SeOtion 608.17, change to read as follows 608 17 ~roteetlon of ind~wdual water supplies An ~nd~v~dual water supply shall be located gad constructed so as to be safeguarded against contam~natmn ~n accordance w~th apphcal~le local regulatmns In the absence of other local regulatmns, mstallatmn shall be ~n accordance with Sections 608 17 1 through 608 17 8 (35) Seatton 708.3 4; change to read as follows. 708 3 4 ,Upper terminal Base of stack Each horizontal drmn shall be provided w~th a cleanou! at ~ts upper tenmnal A cleanout shall be provaded at the base of each waste or sod stack Exception. Cleanouts may be omitted on a horizontal drain less those five (5) feet (1524 mm) an length unless such hue is servmg sinks or unnals (36) Add $ection 712.5 to read as follows 712 5 Dual Pump System. All sumps shall be automatically d~scharged and, when ~n any "publlcmse" occupancy where the sump serves more than 10 fixture umts, shall be prowde¢_ vath dual pumps or ejectors arranged to functmn independently m case of overload or mechamcal failure For storm drmnage sumps and pumping systems, see S ectmnil 113 (Reason To address dual pump system To prowde reference for storm drainage systems ) (37) Sectton 714, 714.1, change to read as follows SECTION 714 ENGINEERED COMPUTERIZED DRAINAGE DESIGN 714 1 l~es~gn of drainage system. The s~mng reqmrements for plumbing drmnage systemg shall be determined by approved computer program design methods (38) Section 802.1.1; delete the exception. (39) Se~tton 802.4; add a sentence to read as follows' No standpipe shall be installed below the ground (40) Section 904.1, changed to read as follows 904 1 Roof extension All open vent p~pes that extend through a roof shall be terminated at least s~x (6) roches (152 mm) above the roof, except that where a roof is to be used for any purpose other than weather protectmn, the vent extensmns shall be mn at least 7 feet (2134 n~m) above the roof (41) Seetton 912.1, change to read as follows' 912 1 Type of fixture A combination dratn and vent system shall not serve fixtures other than floor draans, standpipes, s~nks and lavatories ~nd~rect waste receptors Combination dram m id vent systems shall not receive the dascharge of a food waste gnnder (42) Section 912 2, change to read as follows 912 2 Installation The only vertical pipe of a combination drmn and vent system shall be the connection between the fixture drain of a sink, lavatory or standpipe, and the horizontal combination drain and vent pipe The maximum vertical distance shall be 8 feet (2438 mm) (43) Section 1002 10, delete (44) Section 1003 1, added to read as follows M~mmum construction standards for food service estabbshments are required when 1 A new bmldmg is constructed and occupied, 2 Prior to the issuance of a certificate of occupancy for an emst~ng building whmh has not been previously used as a food service establishment within the last s~x (6) months 3 A change to a more restrictive class of food preparation occurs Heavy Food Preparation shall mean any area m whmh foods are prepared ut~hzmg a grill, griddle, deep-fat fryer, commercial type ovens, and/or any mm~lar food preparatmn eqmpment, or any area subject to flooding type of wet cleaning procedures due to the cutting or processing of meat, poultry, fish or pork Heavy food preparation includes but ~s not hm~ted to cafeterias, fast food restaurant, full service restaurants, pizza preparation, donut preparation Meat and fish markets, (et cetera) A m~mmum 1,000- gallon grease interceptor ~s required for heavy food preparation estabhshments Light Food Preparation shall mean any area in which foods are prepared exclusive of the use of fryers, grills or s~mdar eqmpment Light food preparatmn is usually hm~ted to the preparation of hot dogs, sandwmhes, salads or other similar foods and fountmn-type cold dnnks Light food preparation ~ncludes, but ~s not hm~ted to, sandwmh shops, hm~ted menu concessmn stands (et cetera) A m~mmum 200-gallon grease interceptor ~s reqmred for hght food preparation establishments No Food Preparation shall mean any area in which foods are provided prewrapped, from an approved source, w~th microwave oven type heating being the maximum handhng ~nvolved No food preparation is limited to pre-packaged sandwiches or s~m~lar foods, cand~es and contmnenzed beverages A grease ~nterceptor ~s not reqmred for no food preparation establishments (45)Section 1106 1, change to read as follows 1106.1 General The s~ze of the vertical conductors and leader, bmld~ng storm drmns, bmldlng storm sewers, and any horizontal branches of such drmns or sewers shall be based on s~x (6) inches per hour the 100-year hourly rmnfall rate indicated ~n Figure 1106 1 or on other rmnfall rates detenmned from approved local weather data (46) Section 1107 3, change to read as follows 1107.3 Stung of secondary drains Secondary (emergency) roof drain system shall be sized in accordance with Section 1106 based on the rmnfall rate for which the primary 31 system is sized in Tablesll06 2, 1106 3 and 1106 6 by two Scuppers shall be s~zed to prevent the depth of pond~ng water from exceeding that for whmh the roof was designed as determined by Section 1101 7 Scuppers shall not have an opening dimension of less than 4 ~nches The flow through the primary system shall not be considered when slmng the secondary roof drain system (47) Chapter 12, delete. Sectton 28-252 Delettons and amendments ts amended to read (1) Section 102 8; change to read as follows 102 8 Referenced codes and standards The codes and standards referenced herein shall be those that are listed in Chapter 15 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the proscribed extent of each such reference Where differences occur between prowslons of this code and the referenced standards, the provisions of this code shall apply Whenever amendments have been adopted to the referenced codes and standards, each reference to smd code and standard shall be considered to reference the amendments as well Any reference to NFPA 70 or the ICC Electrtcal Code shall mean the Electrical Code as adopted (2) Section 302.3, change to read as follows' 302 3 Cutting, notching and boring ~n wood framing When permitted by the International Butldtng Code, the cutting, notching and bonng of wood framing members shall comply with Sections 302 3 1 through 302 3 3 (3) Sectton 304 5, delete (4) Section 304 8, change to read as follows 304 8 Clearances from grade Equipment and appliances installed at grade level shall be supported on a level concrete slab or other approved material extending above adjmnlng grade a minimum of 3 inches (76 mm) or shall be suspended a minimum of 6 ~nehes (152 mm) above adjoining grade (5) Add Sectton 304.11 to read as follows 304.11 Minimum burial depth. Underground fuel piping systems shall be ~nstalled a minimum depth of 18 inches (458 mm) below grade (6) Sectton 306.3, change to read as follows. 306 3 Appliances m attics Attics contalmng apphances requlnng access shall be provided with an opening and unobstructed passageway large enough to allow removal of the largest component of the appliance The passageway shall not be less than 30 inches high and 22 inches wide and not more than 20 feet in length when measured along the centerhne of the passageway from the opening to the equipment The passageway shall have continuous solid flooring not less than 24 Inches wide A level serwce space not less than 30 inches deep shall be present at the front or service side of the appliance The clear 32 access opening dtmenslons shall be a mtmmum of 20 inches by 30 tnches (508 mm by 762 mm), or larger where such dnnenslons are not large enough to allow removal of the largest appliance As a mtmmum, access to the attic space of restdentlal uses shall be provtded by one of the following 1 A permanent statr 2 A pull down stair 3 An access door from an upper floor level Exception. The passageway and level service space are not required where the appliance ts capable ofbetng servtced and removed through the reqmred opemng (7) Section 306 3.1; add a sentence to read as follows Low voltage wrong of 50 Volts or less shall be installed tn a manner to prevent physmal damage (8) Sectlon 306.4 1, add a sentence to read as follows Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage (9) $ectton 306.$, change to read as follows 306.5 Equipment and apphanees on roofs or elevated structures Where eqmpment and apphances reqmnng access are installed on roofs or elevated structures at a height exceeding 16 feet (4877 mm), such access shall be provided by a permanent approved means of access the extent of which shall be from Permanent exterior ladders provldtng roof access need not extend closer than 8 feet (2438 mm) to the fimsh grade or floor level below and shall extend to the equipment and apphance's level service space Such access shall not require climbing over obstructions greater than 30 tnches high on roofs havmg a slope greater than 4 umts vertical m 12 units horizontal (33-percent slope) A receptacle outlet shall be provided at or near the equipment and appliance locatton tn accordance with the Electrical Code Low voltage wiring of 50 Volts or less shall be mstalled in a manner to prevent physical damage (10) Sectton 306.6, add a second paragraph to read as follows A receptacle outlet shall be provided at or near the apphance locatton in accordance with the Electrical Code Low voltage wrong of 50 Volts or less shall be tnstalled m a manner to prevent physmal damage (11) Add Sectton 306 6.1 to read as follows 306 6.1 Catwalk On roofs hamng slopes greater than 4 units vertical m 12 units horizontal, a catwalk at least 16 roches tn width wtth substanttal cleats spaced not more than 16 inches apart shall be provided from the roof access to the working platform at the apphance (12) Add Sectton 306. 7 to read as follows 306 7 Water heaters above ground or floor When the mezzamne or platform in which a water heater ts mstalled ts more than eight (8) feet (2438 mm) above the ground or floor 33. level, it shall be made accessible by a stairway or permanent ladder fastened to the building 306 7.1 Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the mmn level, hght~ng and a receptacle outlet shall be provided in accordance with Section 306 3 1 (13) Section 307 2 1; modify second sentence to read as follows 307.2 1 Condensate disposal Condensate from all cooling coils and evaporators shall be conveyed from the drain pan outlet to an approved place of disposal Condensate shall not discharge in a publicly exposed area such as into a street, alley, sidewalk or other areas so as to cause a nuisance (14) Section 307 2.2; add a second paragraph to read as follows Condensate waste pipes from alr-coohng coils may be sized ~n accordance with equipment capacity as follows Eqmpment Capacity Minimum Condensate Pipe in tons of refrigeration Inside Diameter Up to 20 tons 3/4 inch Over 20 to 40 tons 1 inch Over 40 to 90 tons 1 1/4 inch Over 90 to 125 tons 1 ½ inch Over 125 to 250 tons 2 inch The size of condensate waste pipes may be for one unit or a combination of units, or as recommended by the manufacturer The capacity of waste pipes assumes a 1/8qnch-per- foot slope, with the pipe running three-quarters full (15) Section 307.2 3, add item g4 to read as follows' 4 Discharge, as noted, shall be to a conspicuous point of disposal to alert occupants in the event of a stoppage of the drain However, the conspicuous point shall not create a hazard such as dripping over a walking surface or other areas so as to create a nuisance (16) Section 403 2, add an exception to read as follows Exception Where the design professional demonstrates that an engineered ventilation system is designed in accordance with ASHRAE 62, the minimum required rate of outdoor air shall be permitted to be as specified in such engineered system design (17) Section 403 2 1, add an item g4 to read as follows 4 Toilet rooms within private dwellings that contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical reclrculatmg fan or similar device designed to remove odors from the air (18) Table 403.3, footnote g change to read as follows 34 g Transfer mr permitted in accordance with Section 403 2 2 Toilet rooms w~thln private dwellings that contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical rec~rculatmg fan or similar dewce designed to remove odors from the air (20) Sectton 504 6, add a sentence to read as follows The size of duct shall not be reduced along tts developed length or at the point of termination (21) Seetton 504.6 1, change to read as follows 504 6.1 Maxlranm length The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the outlet terminal with not more than two bends When extra bends are installed, the maximum length of the duct shall be reduced 2 5 feet (762 mm) for each 45-degree (0 79 rad) bend and 5 feet (1524 mm) for each 90-degree (1 6 rad) bend that occur after the first two bends, measunng in the direction of atrflow {Exceptmn ts unchanged} (22) $eetton 506.3 11, change to read as follows 506 3.11 Duet enclosure. A grease duct serving a Type I hood that penetrates a ceiling, wall or floor shall be enclosed from the point of penetration to the outlet terminal A duct shall only penetrate exterior walls at a point where unprotected openings are permitted by the Internatzonal Bmldmg Code Ducts shall be enclosed m accordance with the Internattonal Bmldmg Code requirements for shaft construction The duct enclosure shall be sealed around the duct at the point of penetration and vented to the outside of the bmldmg through the use of weather-protected openings The enclosure shall be separated from the duct by a m~mmum of 3 inches (152 76 mm) and a maximum of 12 inches (305 mm) and shall serve a single grease exhaust duct system {Exceptions remain unchanged } (23) Sectton 510 7, add a second exceptton to read as follows Exceptions 1 {Existing exceptton unchanged} 2 Ducts where the largest cross-sectional d~ameter of the duct ts less than 10 inches (254 mm) (24) Section 604 I, change to read as follows 604 1 General Duct insulation shall conform to the reqmrements of Sections 604 2 through 604 1, Table 604 1 and the Internattonal Energy Conservation Code Should there be any conflicts between this section and the energy code, the energy code shall take precedence 35. (25) Add Table No 604 1 to read as follows Table 604.1 - Insulation of Ducts Duct Location Insulation Types Heating Zone 1 Insulation Mechanically Types Cooled Heating Only On roof on extertor C, V 2 and W I A and W of bmldlng II B and W III C and W Attics, garages and A and V 2 I A crawl spaces II A III B Wtth~n the None reqmred None reqmred condlt~oned space or In Basements, return ducts in air plenums Cement slab or None reqmred None reqmred within ground Note' Where ducts are used for both heating and coohng, the mlmmum tnsulatlon shall be as required for the most restrictive condttlon 1 Heating Degree Days Zone I below 4,500 D D Zone II 4,501 to 8,000 D D Zone III over 8,000 D D 2 Vapor retarders shall be installed on supply ducts in spaces vented to the outside tn geographic areas where the summer dew point temperature based on the 2 ½ percent column of dry-bulb and mean coincident wet-bulb temperature exceeds 60 0 F (15 4 0 c) 3 Insulatton may be omitted on that portton of a duct which ~s located wtthtn a wall- or a floor~celhng space where 3, Both s~des of the space are exposed to cond~ttoned mr ~2 The space is not ventilated ~ ~The space ~s not used as a return plenum ~ ~The space ts not exposed to unconditioned mr Cedmgs, whmh form plenums, need not be ~nsulated INSULATION TYPES 4 A -- A material with an tnstalled conductance of 0 48 [2 72 W/(m*K)] or the equivalent thermal resistance of 2 1 [0 367 (m*K)/W] Example of materials capable of meetmg the above reqmrements 36. lqnch (25 mm), 0 60 lb/cu ft (9 6 kg/m 3 ) m~neral fiber, rock, slag or glass blankets ½qnch (13 mm), 1 5 to 3 lb/cu ft (24 to 48 kg/m 3 ) m~neral fiber blanket duct hner ½-tach (13 mm), 3 to 10 lb/cu ft (48 to 160 kg/m 3 ) m~neral fiber board B -- A material w~th an installed conductance of 0 24 [1 36 W/(m*K)] or the eqmvalent thermal resistance of 4 2 [0 735 (m*K)/W] Example of materials capable of meeting the above reqmrements 2-1nch (51 mm), 0 60 lb/cu ft (9 6 kg/m 3 ) mineral fiber blankets lqnch (25 mm), 1 5 to 3 lb/cu ft (24 to 48 kg/m 3 ) m~neral fiber blanket duct liner lqnch (25 mm), 3 to 10 lb/cu ft (48 to 160 kg/m 3 ) mineral fiber board C -- A materml with an ~nstalled conductance of 0 16 [0 9 W/(m*K)] or the equivalent thermal remstance of 6 3 [1 1 (m*K)/W] Example of materials capable of meeting the above reqmrements 3qnch (76 mm), 0 60 lb/cu ft (9 6 kg/m 3 ) m~neral fiber blankets 1 ½-tach (38 mm), 1 5 to 3 lb/cu ft (24 to 48 kg/m 3 ) mineral fiber blanket duct hner 1 ¥2-mch (38 mm), 3 to 10 lb/cu ft (48 to 160 kg/m 3 ) mineral fiber board V --Vapor Retarders Material w~th a perm rating not exceeding 0 05 perm [29 ng/Pa*s*m 2 ] All joints to be sealed W - Approved weatherproofbamer 4 The example of materials hsted under each type ~s not meant to hm~t other avmlable th~clmess and density combinations w~th the equivalent installed conductance or resistance based on the ~nsulatlon only (26) Sectton 604 11 Vapor retarders Where ducts used for coohng are externally ~nsulated, the ~nsulat~on shall be covered with a vapor retarder m accordance w~th Table 604 1 hawng a maximum permeance of 0 05 perm [2 87 ng/(Pa s m 2 )] or almmnum foal hawng a mlmmum thickness of 2 m~ls (0 051 mm) Insulatmns hawng a permeance of 0 05 perms [2 87 ng/(Pa s m 2 )] or less shall not be reqmred to be covered All jmnts and seams shall be sealed to malntmn the continuity of the vapor retarder (27) Sectton 607 2 2, change to read as follows 607.2.2 Hazardous exhaust ducts Hazardous exhaust duct systems shall extend directly to the exterior of the building and shall not extend ~nto or through ducts and plenums Penetratmn of structural elements shall conform to th~s section and the Internattonal Butldlng Code except that fire dampers are not required at penetration of fire-resistance- rated assembhes for hazardous exhaust duct system shall comply w~th Section 510 (28) $ectton 607.5 1, change to read as follows 607 5.1 Fire Walls Ducts and transfer opemngs permitted ~n firewalls in accordance w~th Section 705 11 of the Internattonal Bmldtng Code shall be protected w~th approved fire dampers installed m accordance w~th their hstlng Hazardous exhaust ducts shall not penetrate firewalls 37 (29) Sectton 607.6.1, change to read as follows 607 6 1 Through penetrations. In occupancies other than Groups I-2 and 1-3, penetrations by an air duct through a fire-resistive-rated floor/celhng assembly that connects not more than two stones are permitted without shaft enclosure protection where a fire damper m installed at the floor line (30) Chapter 14, delete Sectton 28-254 Delettons and amendments is amended to read (1) Sectton 101 3; amend as follows 101 3 Compliance Compliance with this code shall be determined in accordance with Sections 101 3 1, and 101 3 2, or 101 3 3 (2) Add the followtng ttem 101.3 3. Alternative compliance. A building certified through a voluntary energy performance testing program approved as meeting or exceeding the provisions of this code may be deemed to comply with the requirements of this code (3) Sectton 302 1, Replace blank Table 302 1 Extertor Destgn Condtttons wtth the following. CONDITION VALUE Winter a, design dry bulb ( o F) (99 6%) 17 Summer a, design dry-bulb ( o F) (0 4%) 100 Snmmer a, design wet-bulb ( o F) (0 4%) 78 Degree days he~tmg b 2407 Degree days cooling b 2603 Climate zone c 5B (4) Delete note "a" and replace wtth the followmg a These values are from ASHRAE Handbook of Fundamentals for Dallas/Ft Worth International Airport 99 6% Winter DB, 0 4% Summer DB, and 0 4% Summer WB, and from Local Climatological Data for Dallas-Ft Worth published by the National Climatic Data Center, National Oceanic and Atmospheric Administration These values are for the purpose of providing a uniform basis of requirements for North Central Texas This will not preclude licensed professionals from submitting demgn analyses based on site measurements or published data more specific to the building site Adjustments shall be permitted to reflect local climates that differ from the tabulated values, or local weather experience determined by the code official (5) Delete Ftgures 302 1 (1-43, 45-51) (6) Sectton 502 1.1; delete exception #2 and substttute the followmg 2 Buildings located in Climate Zones 1 through 9 as indicated in Table 302 1 38 (7) Section 502 1 5, add the followmg exceptions Exceptions ! Any glazing faeingwlthm45 degrees oftrue north, 2 Any glazing facing within 45 degrees of true south which is shaded along its full width by a permanent overhang w~th a pro3ect~on factor of 0 3 or greater 3 Any fenestration with attached screens where the screens have a rated shading coefficient of 6 or less (8) Section 502.2, Replace blank Table 502 2 Heating & Coohng Criteria with the followmg Table 502 2 a,g HEATING AND COOLING CRITERIA Element Mode Type A-1 Type A-2 Residential Residential Buildings Buildings Uo Uo Walls Heating or cooling 0 15 0 22 Roof/celhng Heating or coohng 0 03 0 03 Floors over Heating or coohng 0 05 0 05 unheated spaces Heated slab on Heating R-value = 6 R-value = 6 grade Unheated slab on Heatxng R-value = 0 R-value = 0 grad~ Basement wall Heating or coohng U-factor = 0 15 U-factor = 0 15 Crawl space wall Heating or cooling U-factor = 0 15 U-factor = 0 15 (9) Delete Note "a" and replace with the following a The above values have been determined for all counties in the North Central Texas Council of Governments region (10) ~ldd Note "g" g These requirements apply only to the boundaries of conditioned space Air condltlomng equipment is recommended, but not required, to be located within the conditioned space in North Central Texas zones (ID Delete Figures 502 2(1-6) (12) Section 502 2, Add note to Fig 502 2(7) All counties within the North Central Texas Council of Governments region are designated as within the area of very heavy termite infestation probability for purpose of uniform interpretation of this requirement 39 (13) Section 502.2 4, Delete prescriptive Tables 502 2 4(1-9) and substitute the following' Table 502.2.4(1) Prescriptive Building Envelope Requirements, Type A-1 Residential Buildings, Based on Window Area as a Percent of Gross Exterior Wall Area (for zones 5b and 6b) % Maximum Minimum Glazing Glazing Ceiling Exterior Floor Basement Slab Crawl U-factor R-value Wall R- R- Wall R- Perimeter space value value value R-value wall R- and value depth <8% 0 70 R-26 R-11 R-11 R-5 R-0 R-6 <12% 0 65 R-26 R-13 R-! 1 R-5 R-0 R-5 <15% 0 65 R-30 R-13 R-1 ! R-6 R-0 R-7 <18% 0 52 R-30 R-13 R-19 R-6 R-0 R-7 <20% 0 50 R-38 R-13 R-19 R-6 R-0 R-7 <25% 0 46 R-38 R-16 R-19 R-6 R-0 R-7 (14) Replace Tables 502.2 4 (7-9) wtth Table 502.2.4(2) Prescriptive Building Envelope Requirements, Type A-2 Residentml Buildings, Based on Window Area as a Percent of Gross Exterior Wall Area % Maximum Minimum % Glazing Glazing Ceiling Exterior Floor Basement Slab Crawl U-factor R-value Wall R- R- wall R- perimeter space value value value R-value wall R- and value depth <20% 0 55 R-30 R-13 R-II R-5 R-0 R-6 <25% 0 55 R-30 R-13 R-11 R-5 R-0 R-5 <30% 0 47 R-38 R-13 R-19 R-7 R-0 R-8 (15)Section 503 3.3 3, amend as follows All supply and return-air ducts and plenums installed as part of an HVAC air-distribution system shall be thermally insulated ~n accordance w~th Table 503 3 3 3 or where such ducts or plenums operate at static pressures greater than 2 in w g (500 Pa) m accordance with Section 503 3 3 4 1 40 (16) Sectton 503 3 3 4, amend subsecttons as follows 503 3.3 4 1 H~gh- and medium-pressure duct systems Al1 ducts and plenums operating at static pressures greater than 2 ~n w g (500 Pa) shall be insulated and sealed m accordance w~th Section 803 2 8 H~gh pressure and medium pressure Ducts operating at static pressures in excess of 3 ~n w g (750 Pa) shall be leak tested in accordance w~th SMACNA HVAC A~r Duct Leakage Test Manual with a rate of mr leakage not to exceed the maximum rate specffied ~n that standard Sectmn 803 3 6 Pressure classfficatmns specffic to the duct system shall be clearly indicated on the construction documents m accordance w~th the Internattonal Mechamcal Code 503 3.3 4 2 Low-pressure duct systems All longitudinal and transverse joints, seams and cormectlons of low-pressure supply and return ducts operating at static pressures less than or equal to 2 ~n w g (500 Pa) shall be securely fastened and sealed w~th welds gaskets, mastms (adhesives), mastm-plus-embedded fabric systems or tapes installed ~n accordance with the manufacturer's installation mstmctmns Pressure classfficat~ons specffic to the duct system shall be clearly ~nd~cated on the construction documents in accordance w~th the Internattonal Mechamcal Code {Exceptton ts unchanged} (17) Sectton 802 2, Replace blank tables 802 2 (1-4) wtth the completed tables provtded on the followtng four pages Delete tables 802 2 (5-37) TAS'E BUILLDING ENVELOPE REQUIREMENTS WINDOW AND GLAZED DOOR ,~AREA 10 PERCENT OR LESS OF ABOVEE GRADE WALL AREA ELEMENT CONDITIONNALUE (Zone."s 5B 6E) Skylights (U-factor) 1 Slab or below ~]rade wall (R value)~) R 0 Windows and glass doors SHGC U factor PF · 0 25 Any Any 0 25 <_ PF < 0 50 Any Any PF >_ 0 50 Any Any Roof assemblies (R value) Insulation between Contlnnuous insulation framing All wood Joist/truss R-19 R 16 Metal joist/truss R-25 R 17 Concrete slab or deck NA R 16 Metal purlin with thermal block R 25 R-17 Metal purlin w~thout thermal block X R 17 Fioors over outdoor a~r or Insulation between Contlnnuous Insulation unconditioned space (R-value) framing All-wood jo~st/truss R t 1 R 6 Metal Joist/truss R 11 R 6 Concrete slab or deck NA R S Above grade walls (R-value) No framing Metal frarnmg Wood framing Framed R-value cavity NA R 11 R 11 R-value continuous NA R 0 R 0 CMU~ > 8 in wth integral insulation R-value cawty NA R 0 R value continuous R 0 R 0 R 0 Other masonry walls R-value cavity NA R 0 R 0 R Value contmuous R 0 R 0 R 0 41 TABLE 802 2(2) BUILDING ENVELOPE REQUIREMENTS WINDOW AND GLAZED DOOR AREA OVER 10 PERCENT BUT NOT GREATER THAN 25 PERCENT OF ABOVE GRADE WALL AREA ELEMENT CONDITION/VALUE Skylights (U factor) 1 Slab or below-grade wall (R-value) R 0 Windows and glass doors SHGC L/factor PF < 0 25 0 6 Any 0 25_< PF < 0 50 07 Any PF _> 0 50 Any Any Roof assemblies (R value) Insulation between Continuous ~nsulabon framing All wood jolsUtruss R 25 R-19 Metal JOlStJtruss R 25 R 20 Concrete slab or deck NA R 19 Metal purhn w~th thermal block R 30 R 20 Metal purlin w~thout thermal block X R 20 Floors over outdoor air or Insulation between Continuous msulabon unconditioned space (R value) framm~t All wood jo~stJtruss R 11 R 6 Metal joist/truss R 11 R 6 Concrete slab or deck NA R 6 Above-grade walls (R value) No frammB Metal framing Wood framing Framed R value cawty NA R-11 R-11 R-value conbnuous NA R-0 R 0 CMU~ >. 8 in, wdh integral insulation R velue cawty NA R-11 R 11 R-value continuous R-5 R 0 R 0 Other masonry walls R-value cawty NA R-11 R 11 R-value continuous R 5 R-0 R 0 42 TABLE 802 2(3) BUILDING ENVELOPE REQU]REMr:NTS WINDOW AND GLAZED DOOR AREA OVER 25 PERCENT BUT NOT GRREATER THAN 40 PERCENT OF ABOVE GRADE WALL AREA ELEMENT CONDITIONNALUUE Skylights (U factor) 1 Slab or below-grade walt (R value) R 0 Windows and glass doors SHGC U factor PF<025 04 07 025<PF<050 05 07 PF_> 0 50 O6 07 Roof assemblies (R value) Insulation between Coot~rlnuous insulation framing All wood jo~st/truss R 25 R 19 Metal jo~stJtruss R 25 R 20 Concrete slab or deck NA R 19 Metal purlin with thermal block R 30 R 20 Metal purhn without thermal block X R 20 Floors over outdoor air or Insulation between Contlnnuous Insulatmn unconditioned space (R-value) framm~l All-wood joist/truss R-I 1 R 6 Metal IolstJtruss R 11 R 6 Concrete slab or deck NA R 6 Above.grade walls (R value) No framln~l Metal framing Wood framing Framed R-value cawty NA R 11 R 11 R value continuous NA R 0 R 0 CMU~ > 8 in, w~th ~ntegral insulation R value cavity NA R-11 R 11 R-value contmuous R 5 R 0 R-0 Other masonry walls R value cavity NA R 11 R 11 R value continuous R 5 R 0 R-0 43 TABLE 8O22(4) BUlL DING ENVELOPE REQUIREMENTS WINDOW AND GLAZED DOOR A~REA OVER 40 PERCENT BUT NOT GRIEATER THAN 50 PERCENT OF ABOVE GRADE WALL AREA ELEMENT CONDITiON/VALUIE Sk~/hghts (U factor) Slab or below grade wall (R value)l R 0 Windows and glass doors SHGC U factor PF<025 04 07 025_< PF<050 05 07 PF>0 50 06 07 Roof assemblies (R value) Insulation between Contlmuous insulation framing All wood Iolstitruss R 25 R-19 Metal jo~st]truss R 25 R-20 Concrete slab or deck NA R 19 Metal purhn w~th thermal block R 30 R 20 Metal purhn without thermal block R 38 R 20 Floors over outdoor air or Insulation between Contlmuous insulation unconditioned space (R value) framing All-wood ioistJtruss R 11 R-6 Metal jolstJtruss R-11 R 6 Concrete slab or deck NA R 6 Above grade walls (R value) No framing Metal framing Wood framing Framed R-value cavity NA R-13 R t 1 R value continuous NA R 3 R 0 CMU~ > 8 In with integral insulation R-value cavfly NA, NA R 11 R 11 R value continuous R 5 R 0 R 0 Other masonry waits R-value cavity NA R 11 R 11 R value ccnbnuous R 5 R 0 R 0 (18) Sectton 805.2 1 Interior Ltghttng Controls, add a thtrd sentence to read Large spaces shall have a separate sw~tch or control for each 2500 square feet of floor area (19) Chapter 9; Replace referenced standard as follows ASHRAE/IES -- 93 Energy Code for Commercial and H~gh-R~se Remdent~al Buildings - Based on ASHRAE/IES 90 1-1989 -wtth Rews~ons thru October 7, 1997 ~ncludlng Errata and Addendum 90 lc-1993 ASHRAE/IES -- 99 Energy Efficient Design of New Buildings Except Low-Rise Restdentxal Building -- 1999 Ed~Uon SECTION 2 That if any prowston of thru ordtnance or the apphcatlon thereof to any person or c~rcumstances ~s held mvahd, such mvahdtty shall not affect other provisions or apphcat~ons, and to thru end the prows~ons ofth~s ordinance are severable SECTION 3 That all prowsmns of the ordinances of the City of Denton in conflmt w~th the prows~ons of th~s ordinance are hereby repealed, and all other prowsmns of the or&nances of the C~ty of Denton, not m conflmt w~th the provisions of th~s ordxnance, shall remain m full force and effect 44 SECTION 4 That any person violating any provision of this ordinance shall, upon conwctlon, be fined a sum not to exceed two thousand dollars ($2000 00) Each day that a provision of this Ordinance is violated shall constitute a separate and distinct offense SECTION $. That th~s ordinance shall become effective fourteen (14) days from the date of its passage, and the C~ty Secretary is hereby directed to cause the caption of this ordinance to be published twice ~n the Denton Record Chromcle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the day of ,2001 Euhne Brock, Mayor ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Ordinances\01\2000 Building I-CODES doc 45 AGENDA INFORMATION SHEET AGENDA DATE: November 27, 2001 DEPARTMENT' Planning Department / Inspections Dlwston ACM: Dave Hill SUBJECT' Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 28 "Braiding and Building Regulations" by amending Section 28-28(9)b, Table 2 New Commercial Building Permit Fees, providing for the repeal of all ordinances that conflict herewith, providing a severabfuty clause, providing a savmgs clause, providing for pubhcatlon, and providing for an effective date In an effort to further streamhne and samphfy the permtttang process for commercial developers, staff as proposing to consolidate previously reqmred separate permits and fees for new commercial constructaon into a sangle building permit Currently new commercial buildings must obtain separate electrical, mechanical and plumbing permits prior to commencing work The proposal would ehmtnate the reqmred separate permats and associated fees and consohdate them anto a single "bualdang permit" This type of permit as currently assued for new res~dential and multi-family constructaon Through the use of a smgle budding permat approach system contractors can easily calculate fees for estimating and job costang purposes Subcontractors would no longer be responsible for obtmmng separate permats They would only be required to be properly regastered and hcensed Staff wall vahdate the subcontractors registration and llcensang reqmrements dunng the permitting process PRIOR ACTION/REVIEW' A meeting was held with area budders to discuss the implementation of the sangle permitting system All builders were an favor of such a change not only because of the s~mphficatton of fee calculataons but also because of the overall reductaon tn permatting costs FISCAL INFORMATION. The proposed ordanance wall have a manor fiscal impact It as estimated that the new fee schedule wall result in an approxamate reductaon of $3,000 00 tn fees collected during the next fiscal year STAFF RECOMMENDATIONS: Staff recommends the ordinance be approved as written OPTIONS 1 Approve the ordinance as written 2 Postpone Consideration ATTACHMENTS 1 Proposed Ordinance 2 Comparison Chart of Old Fees vs Proposed Fees Respectfully submltted Assistant C~ty Manager of Development Serwces Bmlkl~ng Officml ,ATTACHMENT 1 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 28 "BUILDING AND BUILDING REGULATIONS" BY AMENDING SECTION 28-28(9)b, TABLE 2 NEW COMMERCIAL BUILDING PERMIT FEES, PROVIDING FOR THE REPEAL OF ALL ORDINANCES THAT CONFLICT HEREWITH, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY FOR VIOLATION OF A FINE NOT TO EXCEED $2,000 00, PROVIDING FOR PUBLICATION, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That Chapter 28, Section 28-28(9)b 2 of the Code of Ordinances of the City of Denton is hereby amended so that sand section shall hereafter be and read as follows Table 2. New Commercial Building Permit Fees # TOTAL VALUATION FEE 6 $1 to $100,000 00 $411 00 for the first $50,000 00 plus $3 00 for each additional $1000 00 or fraction thereof 7 $100,000 01 to $500,000 00 $561 00 for the first $100,000 00 plus $2 00 for each additional $1000 00 or fraction thereof 8 $500,000 01 to $1,000,000 00 $1361 00 for the first $500,000 00 plus $5 00 for each additional $1,000 00 or fraction thereof, to and including $1,000,000 00 9 $1,000,000 01 and up $5141 00 for the first $1,000,000 plus 3 25 for each additional $1,000 00 or fraction thereof 10 Reserved Reserved 11 Reserved Reserved 12 Reserved Reserved 13 Reserved Reserved Separate Electrical, Plumbing and Meehamcal permits shall not be required Separate Fees for Landscaping, A Single Drive Approach, Certificate of Occupancy & Temporary Utilities shall not be reqmred SECTION 2 That if any provision of this or&nance or the apphcatmn thereof to any person or c~rcumstances is held lnvahd, such invalidity shall not affect other provisions or applications, and to th~s end the provismns of this ordinance are severable SECTION 3 That all provmons of the ordinances of the City of Denton in conflict with the provmons of this ordinance are hereby repealed, and all other provisions of the ordinances of the Ctty of Denton, not in conflict w~th the provisions of this ordinance, shall remann m full force and effect SECTION 4 That any person violating any prowsion of this ordinance shall, upon conwct~on, be fined a sum not to exceed two thousand dollars ($2000 00) Each day that a provision ofth~gOr&nance is violated shall constitute a separate and distinct offense S \Our Docum~nts\Ordmances\Ol\Commercm[ Permits doc SECTION 5 That th~s ordinance shall become effective fourteen (14) days from the date of~ts passage, and the C~ty Secretary ~s hereby directed to cause the eaptmn of th~s ordinance to be pubhshed twice m the Denton Record Chromcle, the official newspaper of the C~ty of Denton, Texas, w~th~n ten (10) days of the date of~ts passage PASSED AND APPROVED thxs the __ day of 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 4 ATTACHMENT 2 PROP~)SED AMENDMENTS TO COMMERCIAL PERMIT FEES COMPARISON BETWEEN EXISTING FEES & PROPOSED FEES aN 3000 ~ office with a calculated value of $148,296 Butld!,ng Permit $756 25 $659 00 Plan Review $378 13 $329 50 Electrical Permit $35 00 N/A Plumbml~ Permit $35 00 N/A Mechanical Permit $35 00 N/A Temp Power $35 00 N/A Certificate of $50 00 N/A Occupancy Landscaping $50 00 N/A Drive Approach $51 00 N/A TOTAL $1~425.38 $988 50 ft office with a calculated value of $326,340 Bufl¢mg Permit $978 75 $1015 00 Plan Review $489 38 $507 50 Electrical Permit $86 00 N/A Plumbing Permit $84 00 N/A Mechanical Permit $95 00 N/A PROPOSED AMENDMENTS TO COMMERCIAL PERMIT FEES Temp 'Power $35 00 N/A Certificate of $50 00 N/A Occupancy N/A Landscapm[~ $50 00 Drive Approach $51 00 N/A TOTAL $1919 13 $1522 50 Bufldm8 Permit $13,326 00 $15,034 00 Plan Rewew $6663 O0 $7,517 00 Electrical Permit $698 00 N/A Plumbing Permit $632 00 N/A Mechanical Permit $1035 00 N/A Temp Power $35 00 N/A Certificate of $50 00 N/A Occupancy N/A Landscape $50 00 Drive Approach $51 00 N/A TOTAL $?.~740.00 $22,551.00 lculated value of $776 523.00 Bml, lm~ Permit $2377 25 $2,746 00 Plan Review 1,188 63 1,373 00 Electrical Permit $95 00 N/A Plumbing Permit $105 00 N/A Mechanical Permit $120 50 N/A Temp Power $35 00 N/A Certificate of $50 00 N/A Occupancy N/A Landscape $50 00 Drive Approach $51 00 N/A TOTAL I $4~072.38 $4,119 00 6 AGENDA INFORMATION SHEET AGENDA DATE' November 27, 2001 DEPARTMENT Management and Budget ~ ACM' Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider an urdmance of the City of Denton, Texas to declare the intent to reimburse expenditures from the uareserved fund balance of the General Fund w~th Certfficates of Obligation so that a project more fully described m the attachment to this ordinance may be commenced, declaring an emergency and amending the 2001-2002 Capital Improvements Budget to allow the funding for the Spencer Road and I-35/Brmker Road Ramp project and promdmg an effective date BACKGROUND The General Fund is requesting an ordinance declaring the mtent to reimburse expendltores from the unreserved fund balance of the General Fund for the Spencer Road and 1-35/Brmker Road Ramp project with Certificates of Obhgatmn, and amending the Capital Improvements Budget to appropriate the funds After adoption of the budget, the City determined that in conjunction with the impending Denton Crossing project, a major retail center, the need for improvements to Spencer Road and the relocation of an interstate 35-E northbound ramp south of Brmker Road will be critical to public health and safety regarding the area's transportation system Therefore, an amendment to the 2001-02 Capital Improvements Budget is necessary to appropriate the funds necessary for this project and the reimbursement resolution will allow funds to be reimbursed from Certificates of Obhgat~on PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION This ordinance will allow $3,000,000 from the General Fund unreserved fund balance to be expended and subsequently reimbursed wnth Certificates of Obbgatton and amends the Capital Improvements Budget to appropriate the funds Respectfully submitted Mo;q3eda D~rector of Management and Budget ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION SO THAT A PROJECT MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS ORDINANCE MAY BE COMMENCED, DECLARING AN EMERGENCY AND AMENDING THE 2001~2002 CAPITAL IMPROVEMENT BUDGET TO ALLOW THE FUNDING FOR THE SPENCER ROAD AND 1-35/BRiNKER ROAD RAMP, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Caty of Denton (the "Issuer") ~s a mumc~pal corporatmn/pohtmal subdavlsaon of the State of Texas, and WHEREAS, the Issuer expects to pay expenditures for projects ~n conjunctxon wath Spencer Road and 1-35 Bnnker Road Ramp Project which ~s described ~n Attachment "A", and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures w~ll be appropriate and consistent w~th the lawful object,yes of the Issuer and, as such, chooses to declare ~ts mtentmn, ~n accordance wath the promsaons of Section 1 150-2 Treasury Regulations, to reimburse itself for such payments at such tame as it assues the obhgataons to finance the ProJects, and WHEREAS, the expenditures for the Project wall be dmbursed m the mtenm from the general unreserved fund balance, wluch ~s not appropriated at present m the 2001-2002 capatal amprovement budget for such use, and WHEREAS, after the budget was adopted, the Caty determaned that m conjtmct~on with the ampendmg Denton Crossang project, a major retml center, the need for ~mprovements to Spencer Road and the relocataon of an Interstate 35-E northbound ramp south of Brmker Road w~ll be cntmal to pubhc health and safety regarding the area's transportatmn system, all of which could not have reasonably been foreseen at the t~me of the adoption of the 2000-2001 capital ~mprovement budget Tame ~s of the essence sance mact~on could adversely ~mpact pubhc health and safety, the Caty's thoroughfare system, and economic v~abdaty of the C~ty's tax base, and whmh creates an emergency and a grave pubhc necessity that the budget be amended to fund these transportation roadway constructmn projects, and WHEREAS, Section 8 08 of the Denton C~ty Charter provades that ~n case of grave pubhc necessaty, emergency expendatures to meet unusual and unforeseen condmons, whach could not by dd~gent thought and attention have been ~ncluded m the original budget, may be authorized by the affirmative vote of at least five of the members of the City Councd as an amendment to the original capatal improvement budget, and WHEREAS, the Ctty Counml finds that a grave pubhc necessaty exists which requires emergency expendatures for these master plan projects and the amendment of the 2001-2002 City of Denton Capital Improvement budget, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the findings set forth an the above preambles to this ordinance are true and correct and are hereby adopted SECTION 2 The Issuer reasonably expects to incur debt, as one or more series of obhgataons, wath an aggregate maximum pnnclpal mount equal to $3,000,000 for the purpose of paying the costs of the Project, as set forth in the attached Attachment "A", whmh is made a part of thas for all purposes as ~f incorporated word for word herein SECTION 3 All costs to be reimbursed pursuant hereto will be for the purchase of fleet vehicles and equipment, payment of contractual obhgat~ons for professaonal servmes, and/or construction of pubhc works as authorized by Sectaon 271 045(a)(1) of the Texas Local Government Code No tax-exempt obhgatmns wall be assued by the Issuer m furtherance of thru resolution after a date which as later than 18 months after the later of (1) the date the expendatures are prod, or (2) the date on which the property, wath respect to whmh such expenditures are made, as placed m service That all amounts expended from the Unreserved Fund Balance of the General Fund for the Project set forth in Attachment "A" to pay any costs of the ProJect shall be reambursed from Certificate of Obhgataon bond proceeds wathan the 2001- 2002 fiscal year SECTION 4 The foregoing notwathstand~ng, no tax-exempt obligation will be issued pursuant to this resolution more than three years after the date any expenditure whmh as to be reimbursed as prod SECTION 5 That the 2001-2002 capital ~mprovement budget of Issuer ~s amended up to the amounts lasted an Attachment "A", to provade for adjustments to the capital amprovement budget Accordingly, the 2001-2002 capital improvement budget is hereby amended by transfernng the sum of $3,000,000 from the unreserved fund balance, account number 100-3350, to the capatal amprovement fund, fund number 402 Immediately upon the sale and receapt of the proceeds from the certfficate of obligations the sum of $3,000,000 or the actual amount transferred to the capital improvement fund shall be transferred to the unreserved fund balance If for any reason these adjustments to the capital improvement fund do not fully cover the expenditures antmapated in Attachment "A", the C~ty Manager as authorized to provade such funds from the unreserved fund balance SECTION 6 That the City Secretary is directed to attach a copy of this ordinance to the original capatal amprovement budget and cause thru amendment to be pubhshed once ~n the Denton Record-Chrontcle Page 2 of 4 SECTION 7 TMs ordinance shall become effective ~mmedmtely upon its passage and approval PASSED AND APPROVED this the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNBY Page 3 of 4 ATTACHMENT A CIP PROJECT 2001-2002 Spencer Road and 1-35/Bnnker Road Ramp $3,000,000 Page 4 of 4 AGENDA INFORMATION SHEET AGENDA DATE November 27, 2001 DEPARTMENT Legal Department CM/DCM/ACM Herbert L Prouty, City Attorney SUBJECT: Consider and adopt an ordinance authorizing the City Manager to enter into an Agreement with the American Society of Composers, Authors and Publishers ("ASCAP") to provide a license to perform pubhcly on premises, events and functions non-dramatic renditions of separate musical compositions in the ASCAP repertory, and prowdlng an effective date BACKGROUND INFORMATION. Late this summer, thc International Muurclpal Lawyers Association ("IMLA"), through its Model Licensing Agreement Committee, and the American Society of Composers, Authors and Pubhshers ("ASCAP") completed negotiations on a new Model License Agreement ("License") for Local Governments ASCAP as one of the largest collective hcensmg orgamzatlons representing many performing artists and musicians who have written and copyrighted various musical compositions that are played by municipalities around the country at special events The City of Denton is a sponsor of a number of events, including the Arts and Sazz Festival, at which music ts played We also play music over Channel 26--the City &Denton Government Access Channel--and on the Intemet Although wc or the presenter of the events, like "Cmco de Mayo," have obtained various licenses or permits to play this music from the Dallas/Fort Worth Musicians Music Organization, with individual musicians through short form releases and licensing agreements, it is possible that there is some music being played by the City at various events for which we have no licensing protection Under the law, owners or operators of facilities are responsible for performances on their premises The playing of music on City property without a hcense or other permit even if done by a separate organization or group could expose the City to serious llabthty in thc form of a copyright lnfnngemant The Federal Copyright Law, Title 17 USC, cstabhshcs property rights in musical works and grants creators and owners of copyr~tcd music the cxchislve right to perform or authorize the performance of their works pubhcly Generally speaking , Denton cannot pubhcly perform or authorize others to perform copyrighted works without thc permission &the copyright owner Any performance of music open to the public is considered a pubhc performance performances transmitted or otherwise commumcatcd by means of a device or process (the playing of music on Channel 26 or on Denton's webslt¢) are also public performances Something as simple as playing unhcansed music at the next City Employee Picnic or a~r~ng a citizen video at a Council meeting which contains unlicensed music could expose Denton to liability which could mchide damages, attorney fees and court costs and an mj unctloI~_ to prevent the further public playing of unlicensed music The License grants the City the right to perform pubhcly at events and functions non-dramatic renditions of the separate musical composalons m the ASCAP repertory including hve performances and the playing of CD's, tapes, etc over loud speakers Under the hmltatlons paragraph of the Lmense (Section 2) various actlwtles Including the broadcasting, telecasting, transmission or retransmlsslon by w~re, Intemet, webs~te or otherwise to persons outside the premises are excluded Our Channel 26 music may not be covered by th~s Lmense But we feel that most of the music played on Channel 26 will be covered due to the fact that we have obtained permission from Charter Communications to play the musm and Charter has indicated it has hcenses from the hcensmg organizations We have also attempted to obtain ~ndlmdual hcenses or releases from various performing artists The transmission of musm on our webslte, however, will apparently not be covered by this L~cense The Lmense is also limited to non- dramatic performances It does not include dramatic performances hke the performance of one or more musical compositions accompanied by any type of the dialogue, pantomime, dance, stage action, or a wsual representation of the work or the work from which the musm is taken such as a music video A final limitation on the L~cense ~s that ~t ~ncludes only performing musicians and artists who are members of ASCAP Although th~s covers many performing artists, the other major cooperative licensing organization, Broadcast Musm, Inc (BMI) is not covered by this License Therefore, BMI licensed music w~ll not fall under the protection of this License If the City s~gns the License before January 15, 2002, ASCAP has agreed to wmve any claims for copyright mfnngement, on behalf of its members for unauthorized non-dramatic public performances of music in the ASCAP repertory that occurred prior to the effective date of the License Attached you will find some additional ~nformat~on from IMLA concerning the ASCAP License including the pamphlet entitled "An ASCAP License Is Just Sound Policy" which prowdes additional reformation on the need for and benefits of License OPTIONS: 1 The City Council can choose to pass the ordinance and authorize the C~ty Manager to enter Into the ASCAP License as written 2 The City Council can choose to pass the ordinance with any changes to the License it may deem necessary 3 The City Council may choose not to pass the ordinance and continue to play music at events without the protection of the ASCAP License Staff recommends that the C~ty Council choose Option 1 and pass the ordinance as written The IMLA Model L~censlng Agreement Committee spent many months negotiating this License with ASCAP Although the License has a number of exclusions, we believe that it provides protection agmnst the copyright mfnngement claims ~n several areas where the City is currently unprotected It grants Denton access to and the right to perform more than 110,000 ASCAP composers, lyricists, songwriters and publishers music It also g~ves the City ~mmed~ate access to contemporary music as soon as it is written at no additional costs The waiver of previous Page 2 clmms for copyright lnfnngement is additional consideration for the City's entrance into th~s License FISCAL IMPACT: As a mtmmlpahty with a population of between 75,001 and 100,000, Schedule A of the ASCAP License establishes the base license fee at $600 for one year This fee is due upon execution of the License In addition, for any specml event we present that has a gross revenue in excess of $25,000 the City must pay a gross revenue fee of 01% of the gross revenue as per Schedule B of the License Thas fee ~s due within 90 days after the conclusion of each special event We must also report any such special event we present, sponsor or promote with someone who is licensed under an ASCAP license agreement The reporting requirement will cause Denton to ~ncur some additional expense due to the staff time needed to comply wlth these reporting requirements as well as the m~tlal reporting requirements under Section 4 of the License This appears to be a very small consideration for the protection against liability which the ASCAP Licensing Agreement provides Respectfully submatted, Herb Prouty ~ City Attorney Page 3 ~ International Municipal t 110 Verl~ont Avenue N W Suite 200 Washington DC 20005 Lawyers Association tel 202 466 5424 BOARD OF DIRECTORS [qx 202 785 0152 )ohn J Zxmmermann r~ Composers Authors & ~eb http//www.~la ora James H Epps In E Mad ~n{o@ascap cam J0h.so~c,~ Te ....... A S C A P .~oo., ........ ~..,r~T November 6 2001 Dear Fredermtoa NewB ....... k In August the International Municipal Lawyers Association (IMLA) through its Model Licensing g'"'~ Agreement Committee, and the American Society of Composers Authors and Publishers (ASCAP) ~ ~^~ ~o~,.~, ~ pl Ag EXECU ....DIRE( TOP- announced the com etlon of negotiations on a new Model License reement for Local Governments Henry W Underhdl Jr The announcement was followed by a presentation at the IMLA Annual Conference in September and ~.~^s~ an article in the most recent issue of Municipal Lawyer Charles W Thompson Jr ~00k~,, ~m~.., We understand that the announcement and license may have been placed aside, but we urge your ,..~o,^~ ~^s~ ~,~ ~ immediate attention to this matter and encourage you to present it promptly to the appropriate l~,s j jo..~ officials in your jurisdiction for approval As noted in the letter we previously sent to you, the Prmrm Ymw To.as negotiations were marked by a spirit of goodwill and the Agreement provides an efficient and James L AhsMer affordable method for local governments to comply with the law while recognizing the rights of S,ou~C], ~o,~, ASCAP's composers lyricists, and publishers Richard L Andrews B.,.~* W..hm~o. As part of the introduction of the agreement for those who accept and return the license agreement Joseph R Bertotdo by January 15 2002 ASCAP has agreed to waive any claims for copyright infringement, on C,VAUo~,~V behalf of its members for unauthorized non-dramatic public performances of music in the ASCAP Fay D Dupm$ repertory for public performances that occurred prior to the effective date the License Agreement g,Wgohc,~r was offered However If your local government has any outstanding account balances under Cmclnnat, Ohm existing or prior license agreements with ASCAP for the period before the effective date of the Cer,orat,oa Couasei new License Agreement, the balance must be brought current before the local government can ~o,to, M.,~,u.~ enter the License Agreement Thomas J Kelt¥ ~.~.,o~,~,,~ ,~ ..... We are enclosing another copy of the Agreement report form and explanatory brochure with this Lmda Kingsley letter Please enter the name and address of the legal entity entering the agreement complete the Rochester New York reporting form and return executed copies of both to ASCAP ASCAP wall provide an executed DeW, it F McCarle¥ copy for your files Please contact ASCAP at 800-505 4052 or munlclpal_hcensing@ascap corn Chaflotta Norlh Carol,at* if you have questions c,~ A~o,..v Your cooperation is essential to ensuring that your client ts in compliance with the U S laws Thank Suaan C Rocha ~opyrignt you KenSmtth ,S~ncerely~/ ~ .'.,'IO ~7~f~ Robert M White Henry Underhlll Bonnie King C.tyAtior.e¥ Executive Director & General Counsel Vice President Director of General Licensing J Wallace Wortham Jr International Municipal Lawyers Association American Society of Composers Authors & Publishers Enclosures License Agreement Rate Schedule Report Form Brochure "An ASCAP hcense Is Just Sound Policy A Local Government Needs A License to Play Music Some Copyright Law Basics The Constitution authorizes Congress to Promote the Progress of Science and the Useful Arts" by granting ex(;lumve rights to authors This insures that creators can earn a hwng from their work and pmwdes incentive for the creation of more works The Copyright Law of the Umted States, Title 17 USC, establishes property rights m musical works and grants creators and owners of copyrighted musical works the excluswe r~ght to perform or authorize the performance of their works pubhcly (17 USC 106(4)) This means that, generally other parties cannot pubhciy perform or authorize others to perform copyrighted works w~thout the permission of the copyright owner Also as the ease w~th other property rights tho owner has the right to be prod for the use of his property What is a public performance? The Copyright Law defines a pubhc per formance as one "in a place open to the public or at any place whore a substantial number of persons outside of a normal circle of a family and tis social acqumntances ~s gathered' Performances transmitted or otherwise cpm mumcatsd by means of any device or process (for example via broadcast telephone w~re or other means) to the public are also pubhc performances (17 US C 'i01) The law requires users to obtain authorization not only for per- formances by hvs musicians, but also for performances by mechamcal means including wdeotapes, CD's, tapes, music on hold karaoke jukeboxes and radio and TV receptmn What Happens If You Play Copyrighted Music Without Permission? If you choose to use someones musical property w~thout permission the law provides that a court can assess damages from a m~mmum of $750 for each work mfnnged, require you to pay the copyright owners' attorneys fees and court costs and enter an ~nlunctmn against you Why Are You ResponsIble for Obtaining a License? Under the law owners or operators of facfl~tms or presenters of concerts and other events are responsible for performances on their premises Technically everyone wdo par tic,pates in an infringing performance is habie and copyright owners can sue the event presenter or owner of an establishment as well as the members of the band or the disc jockey who actually gave the unauthorized performance In practice the owners and presenters obtain hcenses as a cost of do~ng business SCAP and the International Municipal Lawyers Association How do you obtain a license? it is impossible for copyright owners to know of every con- celvable use or performance of thmr works, and ~t would also be difficult for users of music to locate all the copyright owners and negotiate licenses for all of the works that m~ght be used So, composers and pubhshers of musical works authorize collective licensing orgamzatlons like ASCAP to locate and hcense public performances of thmr works ASCAP the American Society of Composers Authors and Publishers, makes glwng and obtaining permissmn to perform music s~mple providing a valuable serwce to businesses and creators ahke ASCAP ~s the largest per forming rights orgamzatlon m the world made up entirely of composers, songwriters and publishers Why Should You Obtain the ASCAP License Agreement for Local Governments? Local governments have obtained many different hcenses from ASCAP for decades, but IMLA and ASCAP found the current hcensmg system was burdensome and left local governments notable Under the old system, each potential use of music (end you can see from th~s brochure there are many~) needed to be identified and separately licensed One local government mLght have many different licenses each with different reporting and payment requJrements fee struc- tures levels and types of coverage and effective dates And there may be significant gaps ~n coverage rmmng the potential for copyright infringement Imblllty What Are the Benefits of the Agreement? The ASCAP License Agreement for Mumc~pahtleS and Governmental Ent~tles - the product of negotiation between IMLA and ASCAP - provides simple fast, comprehensive and affordable access to every variety of music you need to attract entertain, enlighten and educate your citizens and vis,tots Access to and the right to perform any or all of the more than 8 mflhon works of the more than 110 000 ASCAP composer lyricist songwriter and publisher members and the repertories of nearly 60 affiliated societies worldwide Immediate access to contemporary music as soon as ~t ~s written or published At no a(ld~tional costl Saves the t~me, expense, paperwork and trouble of contacting and negotiating separate permmslon for each musical work that may be performed during the year He[ps prevent even ~nadvertent infringements on the rights of \ ASCAP members and formgn affiliates ASCAP License Aq reement Whet Is Covered? The hcense agreement covers almost all non-dramatic performances you present both on government property and at functions and events at other locations These Include hvn performances recorded performances (CDs tapes radio and televlsmn over loud speakers) and musm on hold (ASCAPs licenses with radio statlolls do not cover your moslc on hold transm~ssmns) Done the License Cover All Uses of Music By Our Government? The license prowdes broad coverage for just about any pubhc performance But copyright owners enjoy a number of separate rights, including performing rights recording r~ghts and the rLght to reproduce (print) and distr~b ute cop~es of their works so rental or purchase of musm does not authorize its public performance Also ASCAP members only grant ASCAP the r~ght to license non dramatic public performances of copyrighted music Ln the ASCAP repertory so 'dramatic' or "grand r~ghts per formances are not covered As ~t did with IMLA, ASCAP has negotiated comprehensive hcenses w~th representatwes of other industries Those hcenses should cover your performances in those areas - so to avoid duphca rive coverage the Local Government license excludes those performances For example ASCAP and the American Council On Education and the National Assoc~atmn of College & Umvers~ty Business Ofhcers negotiated a model agreement which almost all US colleges & universities have obtained SlmflaHy radio and television broadcasts cable, satellite and Internet transmls signs are also separately hcensed (although some of your closed circuit or ~ntranet transmissions are covered by the new I~cense) Finally, performances at theme and amusement parks by pro fessmnal sports teams or at professional sports events and by symphony orchestras are hcensed separately When and How Are Fees Paid? A base annual fee based on population covers almost all govern merit sponsored or presented performances In addition a separate Special Event fee ~s prod 90 days after malor events that have very h~gh ticket revenue ASCAP and IMLA agreed on this dual fee to keep the base hcense fee Iow and reasonable for all government ent~t~es Only those local governments that present major events pay additional fees for those events How does the Special Event fee work? You pay hcense fees based on gross revenue for all "special events you present Spemal events are those with gross revenue' in excess of $25000 Gross revenue" means all monies you receive or is received on your behalf from the sale of tick ets for each spemal event If there are no monies from the sale of tickets gross revenue means contributions from sponsors or other payments recmved You are not required to keep track of the musm performed at each special ~ event but you shoutd send copies of any available programs The program ~k ~nformatlon you furmsh helps us properly pay royalties to the composers ~nd pubhshers whose works you have presented Where Do the License Fees Go? Over 84 cents of each dollar we collect goes right back to our members and to the members of affglated formgn societies whose works are represented by ASCAP ~n the U S Who Reports and Paye For Co-Promoted Special Events? If you present sponsor or promote a special event with someone who ~s licensed under an ASCAP License Agreement you wdl st~ll need to report that event and prowde the name, address phone number and ASCAP account number of the other party You must also let us know who will be respons;ble for payment If the other presenter ~s not licensed by ASCAP then you will be responsible for paying the hcense fee due - even ~f you have an agreement to the contrary w~th the other party Must You sign an ASCAP local government license agreement? No but you must obtain authorization to perform our members music You can also obtain permission d~rectly from the copyright owner But ASCAP provides a valuable serwce to governments, businesses and orgam- zat~ons that use copyrighted musm-by helping you easdy meet your obhgat~ons under the Copyright Law In short, the ASCAP hcense =s music to everyone's ears Are Changes to the Model License Agreement Permitted? The prowslons of ASCAPs license agreements are umform and do not vary for licensees making similar use of ASCAPs members music The reason for this Is that ASCAPs hcens~ng activities are largely governed by a consent decree entered ~n a federal antitrust action, Umted States v. ASCAP, and one prows~on of that decree prohibits ASCAP from '[e]nterlng ~nto, recognizing, enforcing or clmmlng any rights under any license which discriminates ~n license fee, or other terms and conditions between licensees s~milarly s~tuated S~mply put, modification of the license agreement may well expose ASCAP to a clmm of d~s crlmlnatlon asserted by other licensees with whom we have executed the same form of hcense agreement However we recognize the special legal requirements of mumc~palltles and other gov- ernmental ent~tles therefore, the agreement permits modifications such as the ~nclus~on of equal employment opportumty statements and other provisions that are required by local or state law What If You Believe ASCAP's Fees Are Unreasonable? Any music user who th~nks the fee for an ASCAP license ~s unreasonable may ask the US D~stnct Court for the Southern D~strmt of New York to determine a reasonable fee by instituting a proceeding in that court For more ~nfor- mation on th~s process, your attorney should contact ASCAP's Legal Department tn New York composer IS~ remember of~A~CAP Mere ~omprel~eneh/n reoordn, o Copyright registration (if any), writers and our~ant p~llshere or other oopyrleht owner~ of ali known works in the ASCAP repertory are available tar public Inspection at ASCAP'o offices New York City during regular business hours You can also earl or write ASCAP for Information as to opeolflo works (800) 450-4223 or ASCAP, 2690 Cumberiend Parkway, Suite 490, Atlanta, 6A (Attn Bonnie King) Founded in 1935, the International Municipal Lawyers Association (IMLA) is a nonprofit organi zatlon oonoisting at over 1,400 local governments and their attorneys thronghout the United States and around the world For more information on IMLA and the ASCAP Local Government License Agreement, please visit our webslte at www Imla org ASCAP 2690 Cumberland Parkway, Suite 490, Atlanta, Georgia 30339 (800) 506-4052 phone · (770) 805-3475 fax · WWW ascap cam IMLA 1110 Vermont Avenue NW, Suite 200, Washington, DC 20006 (202) 466-5424 phone * (202) 785-0152 fax · email' Info@lmla org ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER iNTO AN AGREEMENT WITH THE AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS ("ASCAP") TO PROVIDE A LICENSE TO PERFORM PUBLICLY ON PREMISES, EVENTS AND FUNCTIONS NON-DRAMATIC RENDITIONS OF SEPARATE MUSICAL COMPOSITIONS IN THE ASCAP REPERTORY, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the American Society of Composers, Authors and Publishers ("ASCAP") hold the licensing rights for numerous musical compositions and the artists who created those compositions, and WHEREAS, the City of Denton plays music on Channel 26, the Denton Government Access Television Channel, and holds and participates m a number of special events where music is played, and WHEREAS, the International Municipal Lawyers Association has recently negotiated a new Model License Agreement for Local Governments with ASCAP, and WHEREAS, the City Council deems it in the public interest to enter into this Model License Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute and enter into a License Agreement (Local Governmental Entrees with ASCAP) in substantially the form of the attached License Agreement SECTION 2 That the City Manager is authorized to make the expenditures and take the other actions necessary and required under the terms and conditions of the License Agreement SECTION 3 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 LICENSE AGREEMENT LOC AL GOVERNMENT ~L ENTITLES ~.GREEMENT between the American Society of Composers, Authors md Pubhshers ("ASCAP') located at 2690 Cuutberland Parkway ~ulte490 4.tlanta GA30339and City of' Denton~ Texas (LICENSEE") [ocatedat215 East i~lcKinney Denton, Texas 76201 Grant and Term ol License (q) ASCAP grants and LICENSEE accepts a hcense to periorm pubhcly on the 'Premises and at 'Events and 'Funcnons and not elsewhere or otherwise non dramatm rendmons ut the separate musical compositions m the ASCAP repertory The pert'ormances hcensed under this Agreement may be by means ut L~v Entertamment ' or Mechamcal Music For purposes ol this Agreement O) LICENSEE shall include the named entity and any ut xs consmuent bod~es departments, agencies or leagues (u) Mechamcal Mus,. means music whmh ~s peri'ormed at the Premises by means uther than by live muslcmns who are pertormmg at the Premises mdudmg but not limned to (~.) compact d~sc audio record or audio tape players (but not ~ncludmg jukeboxes") ([3} v~deotape wdeodmc or DVD players (C) the reception and communmatmn ,it the premises oi' radio or television transmissions which originate outside the Premises and whmh are not exempt under the Copyright Law or (D) a music-on-hold telephone system operated by LICENSEE ,it the Prelmses (uti "Live Entertainment" means music that is performed at the Prenuses by musicians singers or other performers (iv) 'Premises" means buddings hospitals, airports zoos 'nuseums athletic facthtles and recreational facilities including, but not limited to community centers, parks, swimming pools and skating rinks owned or operated by LICENSEE and any site which has been engaged by LICENSEE for use by LICENSEE (v) "ASCAP repertory" means all copyrighted musmal composmons written or published by ASCAP members or members of affiliated foreign performing rights societies including composltlons written or pubhshed dunng the term of this Agreement and of which ASCAP has the right to license non dramatic public performances (vi) 'Events" and "Functions" means any activity conducted sponsored, or presented by or under the auspmes of LICENSEE Except as set forth in paragraph 2 (d) below ' Events' and Functions' shall include, but are not hmtted to aerobics and exercise classes, athletic events dances and other soclal events concerts festivals arts and crafts fairs, and parades held under the auspices of or sponsored or promoted by LICENSEE on the Premises (vii) "Special Events" means musical events, concerts shows pageants spomng events festivals, competitions, and other events of hmited durauon presented by LICENSEE for which the Gross Revenue ' of such Special Event exceeds $25,000 (as defined in paragraph 4 (d) below) (b) This Agreement shall be for an initial term of one year commencing November 27,2001 which shall be considered the effective date of this Agreement, and continuing thereafter for additional terms of one year each Either par~T may give notice of termination to the other no later than thirty (30) days prior to the end of the mmal or any renewal term If such notice is given, the agreement shall terminate on the last day of the term in which notice ~s given 2 Limitations On License (a) This license xs not assignable or transferable by operation of law or otherwise Thls hcense does not authorize LICENSEE to grant to others any right to perform publicly m any manner any of the musical composmons licensed under this agreement nor does it authorize any public periormances at any of the Premises m any manner except as expressly hereto provided {b) This hcense does not authorize (l) the broadcasting ts[ecastmg or transmission or retransmlsslon by wire lnternet webs~te or otherwise of rendiuons of musical composltmns tn ASCAP's repertory to persons outside ut the Premises other than by means of a music-on-hold telephone system operated by LICENSEE at the Premises and {u) periormances by means of background music (such ,Is Muzak) or other services delivered to the Premises Nothing tn this paragraph shall be deemed to hmlt LICENSEE s right to transmit renditions of musical compositions tn the ASCAP repertory to those who lttend Events or Functions on the Premises by means of teleconferencing, v~deoconferencmg or s~mdar technology (c) This license ~s hmlted to non-dramatic performances and does not authonze any dramanc performances For purposes of this agreement a dramatic performance shall include but not be hm~ted to the following (0 performance ufa dramat~co-mus~cal work (as herematter defined) mxs enUrety { I1) performance of one or more musica compositions from I ,Jr illlatlco musical work {as herelnaIter defined) iccompanled by dialogue pdntonlime dant ,tage ctton or /suni mplesentanon o~the wark ~rom ,vhlch the music s taken fiat performance of une ur more ]]ltlSlCal compositions ~s o ~rt ,)t t [ur5 ,,r plot vhether accompamed or This hcense dues not authorize peri'ormances (t) it any convention exposition trade show conference congress Induatrlal show or similar aCtlVlty presented by LICENSEE or on the Premises unless ~t is presented or sponaored solely by and under the 'msptces of LICENSEE is presented enUreiy on LICENSEE'S Premises and ~s not open to the general public (n) by or at colleges and untvers~ttea (m) at any prol'esstonal ~ports event or game played on the Prermses (w) at any permanently s~tuated theme or amusement pqrk owned or operated by LICENSEE (v) by any ~vmphony or contmunlty orchestra (v~) by means ct a corn operated phonorecord player (jnkebox) lot which a hcense ~s otherwise evadable from the lukebox License Office 3 License Fee (a) [n conslderqtlon ct the hcense granted hereto LICENSEE agreea to p w ASCAP t hcense tee wh~c,h includes the total ct the Base License Fee and any applicable Special Events License Fees all ct which shall be t, alculated tn accordance w~th the Rate Schedule attached to and made part oi' th~s Agreement For purposes of dns Agreement (t) Base License Fee means the annual fee due m accordance w~tll Schedule A of the Rate Schedule and based on LICENSEE s populatmn as estahhshed in the most recent pubhshed U S Census data h does not include any fees due for Spemal Events in) Special Events License Fees" mean the amount due tn accordance w~th Schedule B ct the Rate Schedule when Special Events are presented by or on behalf of LICENSEE It does not mciude any Base License Fees due (mt LICENSEES who are legally organized as state muntmpal and/or county leagues or state associations of mummpal and/or county attorneys shall be reqmred to pay only the fee under Schedule C of the Rate Schedule Such leagues or associations are not subject to Schedule A or Schedule B of the Rate Schedule Fees paid by such leagues or assocmttons do not cover performances of the munlmpahty county or other local government ennty represented by the league or assomanon Schedule C fees are not apphcable to mummpal county or other local government entttses (bt Unless otherwise hmlted by law LICENSEE shall pay a finance charge of I 5% per month from the due date, or the maximum amount permitted by law whichever ts less, on any reqmred payment that ~t ts not made within thirty days of its due date 4 Reports and Payments (at Upon the execution of this Agreement, LICENSEE shall submit (it a report stating LICENSEE's population based on the most recent pubhshed U S Census data The population set forth ~n the report shall be used to calculate the Base Lmense Fee under tNs Agreement and (ut a report containing the information set forth m paragraph 4 (ct below for all Specml Events that were presented between the effective date of this Agreement and the execuUon of this Agreement (bt The Base License Fee for the first year of this Agreement and any hcense fees due for Specml Events that were presented between the effecnve date of this Agreement and the execution of this Agreement shall be payable upon the execution of INs Agreement {ct Base License Fees for subsequent years shall be due and payable within 30 days el: the renewal date of thru Agreement and shall be accompamed by a statement confirming whether any Special Events were presented durmg the previous calendar year Id) Ninety days after the conclusmn of each Special Event LICENSEE shall submit to ASCAP payment for such Special Event and a report tn prmted or computer readable form stating O) the date presented the name of the attracnon(s} appearing the "Gross Revenue el the event Gross Reveoue means all montes received by LICENSEE or on LICENSEE S bebah~ from the sale of tickets lot each Special Event [t there are no memos from the s de ct tickets 'Gross Revenue shall mean contnbotmns lrom sponsors or other payments recewed by LICENSEE for each Special Event (tv) the hcense fee due for each Specml Event (e) If LICENSEE presents sponsors or promotes a Special Event th tt ts reportable under Rate Schedule B with an°thor pers°n °r entity hcensed under an ASC a,p License &greement LICENSEE shah indicate the name address phone number and ASC ~.P account number oi' the other personlsl or enmy0esl and the party responsible tot p tyment lor such Special Event if the other party ~s not hcensed by &SC A.p LICENSEE shall pay the license tee due hereunder notwithstanding any agreement to the contrary between LICENSEE and the other party t t') LICENSEE agrees to lurnlsb to AS( AP vhere tv,nlable conies o~ Ill prourams ct mustcat works performed wNch are prepared for distribunon lo the audlenc~ ,or }ur tile use (H inlorm,ulon t,l LIC ENbi: E or an; depanmcnl Ihcreot Thc programs shall nc ude all ~.ncores tu the extent possible LICENSEE =hall be under no obhgqnon to tumlM1 programs '~ [ten they have not been otherwise prepared &SC AP ,hail haYe tile right to examine LICENSEE S books and records ~t LiCENSEE 5 phtcL ul r3osmess dnrmg normal business hours to such extent as max, be neo. ssar, m, ertfv tile reports reqmred h,, para~r tph a iD* ~b(~ve ~SC &t" shall have the nght t0 adlust LiC£"JSEE Base L c~nse Fee based unon the nest ecenth ~allable ~ex~sed populauon hgures und ?opohtnon Esumates 5 Breach or Default Upon any breach or de/auk by LICENSEE of any term or condition hereto contained ASCAP may terminate this license by g~vmg LICENSEE thirty days notice to cure such breach or default, and m the event that such breach or detault has not been cured w~thin said thirty days, thru hcense shall terminate on the expiration of such thirty day period without further notice from ASCAP Inthe event ot such termination, ASCAP shall refund on a pro-rata basis to LICENSEE any unearned hcense fees paid m advance 6 Interference in Operations ASCAP shall have the right to terminate this hcense upon thirty days written nonce ~f there ts any major interference w~th, or substantial increase in the cost of ASCAP s operations as the result of any [aw tn the state termtery dependency, possession or pohucal subdivision in which LICENSEE ~s located which ts apphcable to the hcensmg of performing rights in the event of such termination, ASCAP shall refund to LICENSEE on a pre-rata basis any unearned hcense tees paid tn advance 7 Non-D~scrnnmatlon LICENSEE recognizes that ASCAP must license all similarly situated users on a non d~scmmmatory barns LICENSEE agrees that any modfficatlons to this Agreement by ASCAP which are required by local state or federal law for other munlclpahtleS counBes and other governmental entities shall not constitute discrimination between similarly situated users Examples of such modkficanons are statements of equal employment opportunity or nondtscnminaUon on the basts of race creed color sex or national origin 8 Nonces ASCAP or LICENSEE may give any notice required by this Agreement by sending ~t by certified United States Mall, by generally recogmzed same day or overnight delivery service or by electronic transmission (l e Madgram facsimile or mm~lar tmnsmmmon) to the appropriate person/office as hsted heroin Each party agrees to notify the other of any change m comact reformation, such as change of address, change of person/office responsible, otc within 30 days of such change IN WITNESS WHEREOF, thru Agreement has been duly executed by ASCAP and LICENSEE, this day of ,20 AMERICAN SOCIETY OF COMPOSERS, LICENSEE AUTHORS AND PUBLISHERS By By Michael A Conduff Title Title City Manager All required notices and reports are to be sent to Account Services Department Name ASCAP T~tle 2690 Cumberland Parkway, Suite 490 Address Atlanta GA 30339 800-505-4052 (phone) 770-805-3475 (fax) Emad Phone Fax Emad ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By 2001-2002 Account No ASCAP REPOR F FORM FOlk LOCAL GOVERNMENTAL ENTITLES SCHEDULE A BASE LICENSE FEE (Dueupon cx~cut~on o£Agr~mentandv~tflm 30daysofth~Agre~mentsrcnewaldate) SCHEDULE B SPECIAL EVENTS* (Reportandpaymentdu~9Odaysatt~rtheconclusmn o£each spectalevent) X 01 $ Address x 01 $ Address X 01 $ Address SCHEDULE C STATE MUNICIPAL AND/OR COUNTY LEAGUES OR STATE ASSOCIATIONS OF A FTORNEYS [rotal Fees Reported From Any or All of Schedules A, B or C AGENDA INFORMATION SHEET AGENDA DATE November 27, 2001 DEPARTMENT Legal Department CM/DCM/ACM Herbert L Prouty, City Attomey SUBJECT. Consider and adopt an ordinance authorizing the City Manager of the City of Denton, Texas, to execute a Professional Services Contingent Fee Agreement w~th the Strasburger & Price, L L P and the Sayles, Lid.ii & Werbner, L L P Law F~rms to prosecute litigation styled The City of Denton, et al v TXU, et al, Cause No 009383, now pending ~n the 134th Ju&clal District Court of Dallas County, Texas, and to perform other legal services ~n accordance with that contingency contract, amending and replacing the current contract for professional legal services with Strasburger and Price, L L P, authorizing the expenditure of funds for expert witness fees and court costs, authorizing an assessment not to exceed $ 25 per capita to pay such costs, designating a llmson, and prow&ng an effective date BACKGROUND INFORMATION: On June 6, 2000, the City of Denton retmned the firms of Strasburger and Price L L P and Bucek and Frank, L L P to file stat to collect dehnquent franchise fees owed the City by TXU Electric Company and TXU Gas per an au&t performed by Dlversffied Utflxty Consultants, Inc (DUCI) On June 7, 2000, the City filed suit against TXU The 393r~ District Court of Denton County, Texas issued a temporary restralmng order (TRO) commanding TXU to refrmn from destroying or otherwise &sposlng of records relating to the payment of franchise fees to mummpaht~es m the State of Texas and granted Denton's application for expedited discovery The mstrmnmg order was converted Into an agreed temporary injunction Th~rty-slx other cities have joined Denton ~n the litigation In October of 2000, the City Council jo]ned with the other reties in forming a Steenng Committee and agreed to assessments equal to $ 50 for each person resl&ng ~n the city based on the 1990 population In November of 2000, the cities elected a five-person Steenng Committee to manage and make key declslons in the litigation in consultation with the Strasburger and Price law firm About the same t~me, the litigation was transferred from the District Court ~n Denton County to the 134th Judmlal District Court of Dallas County, Texas Since TXU's mmn offices were ~n Dallas, a venue m Dallas was a more convenient location for some of the other reties in the htlgatlon and the venue was also more convenient to the Strasburger and Price law firm whose mmn offices are ~n Dallas. This was seen as a way to make the litigation proceed more efficmntly Since November 1, 2000, the Steenng Committee has assumed the responsibility for paying the future legal, consulting and court fees that accrue in prosecuting this delinquent franchise fee ht~gatlon against TXU The Steenng Committee is composed of representatives from the C~ty of Fort Worth, Carrollton, Richland Hills, Phlugermlle, and Denton There have been two separate $ 25 assessments to the reties to fund the ht~gatlon As the case nears trial m July of 2002, the Steenng Committee ~n consultation with Strasburger has determmed that ~t will be beneficial for the cities to enter into a Professional Serwces Contingent Fee Agreement (Agreement) with the Strasburger and Price, L L P firm and the Sayles, Lldj1 & Werbner, L L P firm We have provided mformat~on on the Sayles firm and additional reasons for the necessity of converting to a contingent fee arrangement in the status report CONTINGENT FEE ARRANGEMENT Under the Agreement, both the Strasburger and Sayles law firms would jotntly represent the C~ty They would recover nothing m the way of attorney fees if they are not successful m obtmmng a judgment or a settlement in favor of the ctt~es In the event such a favorable judgment or settlement ts obtatned, the reties would pay to the law firms a contangent fee as follows 1 Twenty percent of the mount collected af ~t is collected before February 11, 2002 2 Thirty percent of the amount collected from February 12, 2002 until the commencement of mai 3 Th~rty-five percent of the amount collected after trial is commenced (We are currently negotmtmg to try to reduce th~s to thirty-three and a third percent ) 4 Forty percent of the amount after the commencement the second trial or the filing of an appeal The contract also prowdes that the law firms will share in the present cash value of the non- monetary benefits of the settlement as agreed by the law firms and the Caty Thru relates to any amount that m~ght be recovered as a result of proof that TXU underpaid the 1998 electric franchise fee Since future TXU electric fees will be based on a hlowatt hour charge determined by dtvadmg the 1998 franchtse fees by the number of kilowatt hours, the finding of an underpayment which would result m a greater kdowatt hour charge This would result ~n more franchise revenue for the cat, es prospectively For the reasons set forth an the status report, I cannot recommend that you agree to th~s non-monetary port~on of the contingency contract Fmally, m paragraph slx, the c~t~es agree that they wall be responsible for all reasonable expenses ~ncurred m connection wtth the ht~gat~on, ancludang but not hm~ted to court costs, fihng and serwce fees, deposition and transcript costs, consultant fees, and expert wttness fees Th~s will entml an additional per capita assessment to the c~ttes based on the 2001 census of etther $ 25 per capita or $12½ per capita Section (2) of the Agreement provtdes that the c~t~es will recover all attorneys' fees and expenses prewously pard out of Strasburger and Price's port~on of any attorneys' fees recovered This means that all premous expenses tn the ht~gatlon wtll be deducted, from Strasburger's pomon of any contangent fee recovery FISCAL INFORMATION: The assessment for reasonable expenses for the C~ty of Denton ~s calculated as follows at $ 25 per capita (a) TXU/Lone Star Gas will have an assessment of $12½ Denton's 2001 census of 80,537 The first assessment wall be equal to $10,067 12 If on January 1, 2001, CoServ ts prowdmg gas to Denton customers, the $10,067 12 would be reduced an proportion with the percentage of accounts TXU/Lone Star Gas had an relation to the total number of gas customers in Denton Page 2 (b) TXU Electric and CoServ Electric, Denton would have the assessment of $10,067 12 reduced by the percentage of customers m Denton pumhasmg electnmty from Denton Electric and CoServ Electric For example, TXU has about 900 customer and CoServ about 600 customers The 900 TXU electric customers will be divided by the total electTlc customers in Denton which ~s approximately 40,000 (38,500 DME, 900 TXU and 600 CoServ) as of January 1, 2001 The $10,067 12 assessment on the gas side will be multiplied by the percentage obtmned 2 25 percent (900/40,000) This will result in an electric assessment of $226 51 or a total assessment for gas and electric of approximately $10,293 63 (e) If the Steenng Committee decides on an assessment based on $12½ per capita, the amount of the assessment would be about one-half or $5,146 82 Under the Steenng Committee gmdehnes, no c~ty would be required to contribute more than 10% of the amount of D~verslfied Utlhty Consultants, Inc's audit that c~ty is entitled to m delmquent franchise fees The most recent figures on DUCI's audat shows Denton's damages m excess of $1,000,000 OPTIONS: 1 The City Council can approve the Ordinance and hire the Strasburger and Sayles law firms on a contingent fee basis and approve another $ 25 per capita assessment 2 The City Council can approve the Ordinance without the non-monetary benefit of the settlement contingent fee clause in the Agreement and approve the assessment 3 The City Council may elect not to approve the Professional Services Contingent Fee Agreement with the Strasburger and Sayles law firms and continue to pay on an hourly bas~s The status report lnrheates the most recent estimates of the costs of pursumg htlgatlon on an hourly basis 4 The City Council may approve the Ordinance wath addmonal changes to the Professional Services Contingent Fee Agreement 5 The C~ty Council may disapprove the Ordinance and choose not to pursue the litigation against TXU Staff recommends C~ty Council choose Option 2, the adoption of the proposed Ordinance w~th the non-monetary benefits clause removed and the authorization of the additional $ 25 assessment per capita to pay htlgatlon costs Herb Prouty City Attorney Page 3 ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTINGENT FEE AGREEMENT WITH THE STRASBURGER & PRICE, L L P AND THE SAYLES, LIDJI & WERBNER, L L P LAW FIRMS TO PROSECUTE LITIGATION STYLED THE CITY OF' DENTON, ET AL ? TXU, ETAL, CAUSE NO 009383, NOW PENDING IN THE I34TM JUDICIAL DISTRICT COURT OF DALLAS COUNTY, TEXAS, AND TO PERFORM OTHER LEGAL SERVICES IN ACCORDANCE WITH THAT CONTINGENCY AGREEMENT, AMENDING AND REPLACING THE CURRENT CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH STRASBURGER AND PRICE, L L P, AUTHORIZING THE EXPENDITURE OF FUNDS FOR EXPERT WITNESS FEES AND COURT COSTS, AUTHORIZING AN ASSESSMENT NOT TO EXCEED $25 PER CAPITA TO PAY SUCH COSTS, DESIGNATING A LIAISON, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on the 6th day of June, 2000, the City of Denton entered into a contract for professional legal services with the law firm of Strasburger and Price, L L P to initiate and prosecute lltlgatlon against TXU Electric and Gas and to perform other legal services in accordance with that contract, and WHEREAS, the Strasburger & Price, L L P imtaated lmgat~on against TXU Electric and Gas styled, The City Of Denton, et al v TXU, et al currently pending as Cause No 009383 and pending m the 134m Judamal District Court of Dallas County, Texas, and WHEREAS, thirty-six other reties have jomed the City of Denton in tlus htagatlon, and WHEREAS, a Steenng Committee has been formed to make key decisions m this litigation composed of five members from the reties of Fort Worth, Carrollton, Puchland Hills, Pflugervflle, and Denton, and WHEREAS, the Steenng Committee has recommended that the cities employ the law firms of Strasburger and Price, L L P and Sayles, Lldjl & Werbner, L L P, and WHEREAS, under the Agreement the cities will agree to pay all reasonable expenses, lncludmg court costs, filmg and service fees, deposition and transcript costs, consultant fees, expert witness fees, and in order to meet this commitment it wall be necessary for the cat,es to agree to one more per capita assessment, and WHEREAS, the City Council has determined that the hlnng of the above law firms on a contingent fee basis is necessary to continue to successfully prosecute tNs litigation, and WHEREAS, Chapter 2254 of the Tex Gov't Code, known as the "Professional Services Procurement Act," generally provides that a city may not select a provider of professional services on the basis of competitive bids, but must select the prowder on the barns of demonstrated confidence, knowledge, and quahficatIons, and for a fair and reasonable price, and WHEREAS, City Council has previously selected the law firm of Strasburger and Price, L L P on the basis of requests for proposal and has determ,ned that Strasburger and Price was the best firm avtulable based on ,ts demonstrated confidence, knowledge and qualifications, and WHEREAS, Strasburger and Price has recommended the firm of Sayles, L,dj, & Werbner who has proved the Steenng Comm,ttee w,th ,nformat,on that demonstrates it is well qualified to represent the mt, es based on demonstrated confidence, knowledge and quallficatmns and demonstrated ability, and WHEREAS, the contingency arrangement is cons,stent w,th s,mllar contingent fee engagements w~th attorneys m complex litigation s,mdar to this lmgat,on and therefore ,s deemed by the City Council to represent a fair and reasonable fee, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS SECTION 1 That the City Council approves and the City Manager ~s hereby authorized to execute a Professional Serv,ces Contingency Fee Agreement (Agreement) with Strasburger and Price, L L P and Sayles, Lldj1 & Werbner, L L P to continue to prosecute the case styled The Czty Of Denton, et al v TXU, et al, as referred to above, in subs,ant,ally the form of the Agreement and attached hereto and incorporated herew,th by reference SECTION 2 That the award of th, s Agreement by the C,ty is on the basis of the demonstrated competence, knowledge, and qualifications of Strasburger and Price and Sayles, Lldj1 & Werbner and the demonstrated ab,hty of Strasburger and Price and Sayles, Lldj, & Werbner to perform the servmes needed by the C,ty for a fmr and reasonable price SECTION 3 That the expenditure of funds as provided ,n the attached Profess,onal Services Agreement is hereby authonzed SECTION 4 That tlus Agreement shall amend and supercede that certmn contract for professional legal serv,ces between the C,ty and Strasburger and Price, L L P made and entered into on June 6, 2000 SECTION 5 That the C,ty of Denton agrees to contribute an amount not to exceed $ 25 for each lnd,mdual residing w~thln its corporate limits based on the 2000 U S Census (except for such portion of,ts population that may not be res~d,ng wlth,n the TXU/Lone Star Gas service area) or $2,000, whichever is more, to underwrite the court costs, fihng and serwce fees, the deposition and transcript costs, consultant fees, expert w,tness fees on behalf of the cities m this matter The $ 25 [or $1,000 if apphcable] being due on or before December 31, 2001 Provided, however, Denton's assessment will be reduced by mult,plymg $ 25 t~mes ,ts 2001 populat,on times the ratio derived by dlv,dlng the total number of TXU and CoServ electric customers by the total number of Denton electric customers and the total number of TXU Lone Star Gas customers by the total number of Denton gas customers Page 2 of 2 SECTION 6 That Herbert L Prouty, C~ty Attorney for the C~ty of Denton, or his designee shall be the C~ty's primary contact and hmson ~n tins matter and such ~nd~wdual shall be ehg~ble to serve on "Steenng Committee of C~t~es Partm~pat~ng m the TXU Franchise L~t]gat~on" as ~ts Treasurer Notmes to the C~ty should be addressed as follows Name/T~tle Herbert L Prout¥, C~t¥ Attorney C~ty/Address C~ty of Denton, 215 E McK~nne¥, Denton, Texas 76201 Telephone (940) 349-7799 Fax (940) 382-7923 E-mml hlprout¥~c~t¥ofdenton com SECTION 7 That the hmson named above ~s authorized to take those steps reasonable and necessary to comply w~th the intent of flus ordinance and the hmson and the C~ty Manager are authorized to make the expenditures reqmred by flus ordinance SECTION 8 That flus Ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED tins the day of ., 2001 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CIT~Y ATTORNEY Page 3 of 3 November 16, 2001 214 I~1 4752 dawd lab~'er~rasburgor eom CONFIDENTIAL - ATTORNEY-CLIENT PRIVILEGE PRIVILEGED COMMUNICATION WORK PRODUCT Mr Herbert L Prouty, C~tyAttorney City of Denton, Texas 215 E Mcl~nney Street Denton, Texas 76201 RE C~ty of Denton et al v 'l'XU Electnc Company et al 1:34u~ Jud~cml D~stnct, Dallas County, Texas Cause No 009383 Dear Herb We propose the following contingent fee agreement ("Agreement') between the Cites,. hsted on the attached Exhibit 'A', (hereinafter referred to collecbvaly as "the Cltle~"), Strasburger & Pnce, L L P and Sayles. LIdjl & Werbner, L L P, (hereinafter referred oollectmvely as "the Attorneys~) This contingent fee agreement will superoede Strasburger & Price's existing fee agreement wth the C~t~es on thins matter (1) In conslderatmon of servmces rendered and to be rendered by the Attorneys, ,n prosecution of a case styled the C~ty of Denton, et al v TXU, eta I, Cause No 009383, now pending in the 134th Judicial District Court of Dallas County, Texas, the Cltmes hereby agree to pay to Attorneys a sum equal to a 20% of all money and property collected ~n sat~sfactmon of any settlement or judgment from the date of thins letter untd February 11, 2002, b 30% of all money and property collected mn satisfaction of any settlement or judgment on or after February 12, 2002 until the commencement of thai, c 35% of all money or property collected in satisfaction of any settlement or judgment after the commencement of trial, 6724§1 1/SP0/2~1121~0104/11182001 51[FeSburger r~ Pricc, LLP g0[ M~In ~eet, ~ulte 4300 Dories T~o~ 75~0Z 3794 ~14 65~ 4300 tel ~14 6~ 43~0 f~ ~w ~r~sburger corn Mr Herbert L Prouty, City Attorney November 16, 2001 Page 2 d 40% of all money and property collected ~n satlsfactron of any seffiement or judgment e~ther after the commencement of a sec.~nd trial or the flhng of an appeal by e,ther party, (2) It is understood and agreed that all invoices for Attomeys' fees and expenses Incurred by the C~tles up to the date of th~s letter shall be pa~,i m full by the Cities, but that such payments shall be credRed as a non- refundable advance on Stresburger & Pnce, L L P's portion of any Attorneys' fees recovered, as set forth m paragraphs (1) (3) The Attorneys and the Cities agree that if the Cit~es recover future benefits, or benefits that do not have a present cash value, the Attornel~,% and the Cities agree to negotiate ~n good faith m an effort to determine ,~ present cash value of said benefits In the event that an agreement carl not be reached between the Afforneys and the Cities as to the present cash value of sa~d benefits, the part,es agree to retain the servrces of ti C P A firm of Deloitte & Touche, L L P to make an appraised present cash value of such benefit The parties w~ll be bound by the determination of the present cash value by the C P A firm of Delolffe & Touche, L L P and the costs of Deloitte & Touche, L L P services shall be shared equally between afforneys and c~tles, (4) It ~s understood that Attorneys' fees recovered m connection w~th this agreement shall be shared equally between Strasburger & Price, L L P and Sayles, LidJl & Werbner, L L P, (5) It ,s understood and agreed that the work to be performed by the Attorneys m connectron ruth this agreement shall be shared equally between Strasburger & Pnce, L L P and Say,es, Lidj~ & Werbner, L L P, (6) The Cities agree that all reasonable expenses incurred ~n connection w~ th~s agreement, including but not limited to court costs, firing and service. fees, deposition and transcnpt costs, consultant fees, and expert w~tnessee fees, shall continue to be pa~d t~mely by the Cities, (7) The Attorneys shall maintain m effect dunng the pendency of th~s case professional Iiab~llty coverage in an aggregate amount of not less than ~ m~lhon for negligent professional acts, errors and om~sssons, 8724~'1 llSP0~2g't 2110104/111 ~i2001 Mr Herbert L Prouty November 16, 2001 Pa~e 3 (8) This agreement supercedes any pnor understandings or written or oral agreements between the parties w~th respect to attorneys' fees, (9) Th~s Agreement may be executed m two or more counterparts, each of which shall be deemed an ong~nal, but whmh together shall constitute and the same agreement, and, (10) All signatories to this agreement represent to the other par~y slgnatel that they have authority to bind the party for whom they sign to the tem~ of this agreement The State Bar of Texas requires that we prowde the following ~nformabon The State Bar of Texas investigates and prosecutes professional misconduct commlttad by Texas attorneys. Although not every complaint against or dispute with a lawyer involves professional misconduct, the State Bar Office of General Counsel will provide you with information about how to file a complaint. For more Information, call toll free (800) 932-1 gOO. Please do not hesitate to contact me if you have any questions DJL hdb Enclosure cc Steenng Committee Sayles, L~djl & Werbner, L L P Kewn Magu~re 672451 1/Sp0/2;~1211fl 104/111 ~2~O1 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized C~ty Manager, through ~ts duly authorized undersigned officer on this the day of ,20 CITY OF DENTON, TEXAS MICHAEL A CONDUFF CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY / Mr Herbex L November 16, 2001 P~ae 4 EXHIBIT a ST~BURGER & PRICE, L L P SAYLES, LIDJI & WERBNER, L L P - ~;ITY OF ARGYLE CITY OF BENBROOK CITY OF BOWIE CITY OF BRIDGEPORT ~ITY OF BURLESON CITY OF CARROLLTON 6724Sl t/'~p0/2BI 2,1/01041111l~2001 Mr Herbert L Prouty November 16, 2001 Pa(3e 6 CITY OF GREENVILLE CITY OF HALTOM CITY CITY Of IOWA PARK CITY OF KAUFMAN CITY OF KEENE CITY OF LAKE WORTH cI'r'Y OF LEANDER ~;ITY OF LEWISVILLE 872451 1/S P0/2912110104~1116200t ~ S ~t.r~,s,,~rg e r Mr Herberl L Prouty November 16, 2001 Paoe 7 CITY OF NACOGDOCHES CITY OF ODESSA CITY OF PALESTINE CITY' OF PARIS CITY OF PFLUGERVlLLE CITY OF RICHLAND HILLS CITY OF RIVER OAKS 6724Sl 1/$ P0/29121~Oi 04/1116200i CITY OF ROBINSON CITY OF ROUND ROCK CITY OF SANGER CITY OF SHERMAN CITY OF $OUTHLAKE CITY OFI TROPHY CLUB CITY OF WATAUGA CITY OF WOODWAY 672451 1/SPD/2B121101(34/111~2001 AGENDA DATE' November 27, 2001 DEPARTMENT: Plaunmg & Development[ CM/DCM/ACM: Dave Hill, 349-8314 -~)/~3 SUBJECT - A01-0004 (Masch Branch Road Annexatton) Z01-0005 (Masch Branch Road Zomng) a Consider adopt~un of an ordinance on second reading to involuntarily annex approximately 32 acres of land generally located along Masch Branch Road, south of Hampton Road and north of H~ghway 380, m the extraterntonal junsdlctlun (ETJ) of the C~ty of Denton The Planmng and Zomng Commission recommends approval (6-0) (A01-0004) b Hold a public heanng and consider adoption of an ordmance zomng approximately 32 acres of land generally located along Masch Branch Road, south of Hampton Road and north of H~ghway 380 to the Agriculture (A) zomng district classification The Planmng and Zomng Comm~sslon recommends approval (5-1) (Z01-0005) BACKGROUND An involuntary annexation proceeding Is being considered by the City of Denton for the Masch Branch Road annexation In accordance with the City's annexation policy plan, approved m June 1993, the C~ty will "access on a case by case bas~s" the annexation of areas m the ETJ when s~gmficant developments are proposed ~' On October 10, 2001, the Planmng and Zomng Commission held a pubhc heanng and made a recommendation to City Council to approve the proposed ~nvoluntary annexation, service plan and proposed zoning to an Agriculture (A) zomng d~stnct The Agriculture zomng district ~s the most restrictive d~stnct and will preserve the general cond~t~uns of the s~te, until the C~ty fimshes the cltyw~de rezomng efforts that began tn February 2001 The Agriculture zoning d~str~et is typically used as the first zunmg d~stnet a property receives upon annexation mto the e~ty hunts } On October 9, 2001, City Council considered adoption of the annexation ordmanee on first reading No one spoke at the reachng ~' On September 18, 2001, C~ty Council held the second pubhc heanng to consider thts voluntary annexation No one spoke at the pubhe heanng } On September 4, 2001, C~ty Cotmcfl held the first pubhc hearmg to consider th~s voluntary annexation No one spoke at the public heanng The C~ty Council dtrected the c~ty attorney's office to develop an enforceable restrictive covenant agreement that restricts *he use of the property instead of an agreement m hen of annexation ~ Due to an insufficient vote to institute the annexation proceedings of the involuntary aunoxat~un on June 5, 2001, the C~ty of Denton ~s re-unt~atmg the annexation proceedings for the properties as shown 1 On February 27, 2001, City Council directed staffto proceed with the armexatlon of 122 acres located along Masch Branch Road south of Hampton Road north of Highway 380 However, after further consideration, on April 17, 2001, City Council decided to annex only Lot 2, Block 1, of the Mamott Garden Addition and the portion of land along the east side of Masch Branch Road that accomplishes the 1,000 feet mlmmum width requirement for legal annexations The new total area of the proposed annexation is approximately 32 acres On February 6, 2001, City Council directed staff to initiate involuntary annexation proceedings for the subject site On February 27, 2001, City Counml decided to include in the involuntary annexation approximately 90 acres along the east side of Masch Branch to be in compliance with Section 43 054 of the Local Government Code which states that mumclpalltles with a population of less than 1 6 mllhon may not annexed property unless the width at its narrowest point is al least 1,000 feet The total area of the proposed annexation was approximately 122 acres A batch asphalt plant has been proposed on Lot 2 Block 1, of the Marriott Garden Addition, located along the west side of Maseh Branch Road The western portion of the proposed annexation area encompasses an existing sand and gravel processing plant and portion of the county road mmntenance facility The eastern portion includes a strip of vacant land The Denton Comprehensive Plan 1999-2020 designates the western portion of the proposed annexation area as an Employment Center and 100 Year Floodplain/Environmentally Sensitive Area, The eastern portion m identified as an Existing Nelghborhood/Infill Compatibility area The proposed zomng designation under the Development Code is Neighborhood Residential-2 (NR-2) This zoning designation will allow primarily residential uses with a maximum density of 1 5 units per acre The annexation area is also subject to the Airport Compatibility Land Use District-2 (ACLUD-2) overlay district After the annexation of the subject property, any development shall be in compliance with the regulation included in the City of Denton Code of Ordinances, including but not limited to zomng, subdivision and land development regulations, parkland dedication, and landscape The Texas Local Government Code allows a munlmpality to annex involuntarily 10% of the incorporated area as of January 1st of that year Additionally, ifa municipality fails to annex in a calendar year the 10% amount permitted, the mtmmlpality may carry over the unused allocation for use m subsequent calendar years A municipality may not annex in a calendar year a total area greater than 30% of the incorporated area as of January 1st of that year o There were no involuntary annexations in 2000 Therefore, the 10% amount was earned over As a result of the carry over and the three annexations already approved (Ryan/Country Club, US 377/I/35W and Blagg Rd), the City has the ablhty to annex 6,451 49 more acres o In 2001, the City of Denton had proposed to involuntarily annex a total of 2,989 acres (Masch Branch, Robson Ranch North, AGF Ranch South and TRIO) Notice of the proposed annexation and zomng designation was published in the Denton Record Chromcle on September 1, 2001 Twenty (20) property owners within two hundred feet were mmled legal notices and twenty-eight (28) residents within 500 feet were sent courtesy notices informing them of the proposed annexation and zomng designation As of this writing, there havo been SlX (6) responses ~n favor of the proposed annexation and none in opposition OPTIONS 1 Approve as submitted 2 Approve with conditions Deny 4 Postpone consideration $ Table item Separate motions are reqmred for each action RECOMMENDATION The Planning and Zoning Commission recommends approval (6-0) of this annexation request and approval ($-1, Kelth opposed) of the zoning request ESTIMATED PROJECT SCHEDULE The annexation process will be completed by November 27, 2001 PRIOR ACTION/REVIEW The following is a chronology ofA01-0004, commonly known as Masch Branch Road Annexation City Council Meeting February 6, 2001 City Couned Work Session February 27, 2001 Neighborhood Meeting March 12, 2001 1st City Council Public Hearing April 17, 2001 Planning and Zomng Commission Public Hearing April 25,2001 2nd City Coullcll Public Heanng May 1, 2001 Masch Branch Annexation Proceedings Stopped due to an insufficient vote to mffiate proceedings June 5, 2001 1st City Council Pubhc Heanng September 4, 2001 Planning and Zoning Commission Pubhc Heanng September 12, 2001 2"d City Council Public Heanng September 18, 2001 1st Reading of Or~hnance October 9, 2001 Ordinance Published October 13, 2001 2"d Reading of Ordinance November 27, 2001 FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school d~stnct It will require no short-term public improvements that are the responsibility of the city ATTACHMENTS 1 Location Map 2 Annexation Schedule 3 Property Owner Response 4 Annexation Ordinance 5 Zoning Ordinance 6 September 12, 2001 Planning and Zomng Commission Minutes 3 Prepared By ra ~(en6 e"Ragl~d, rAICP Small Area Planning Manager Respectfully Submitted Douglas S Powell, AICP Director of Planning and Development 4 Attachment I A-01-0004 (MASCH BRANCH ANNEXATION)NORTH LOCATION MAP 5 Scale None Attachment 2 ANNEXATION SCHEDULE Masch Branch Rd. Annexation Area (A01-0004) Tuesday, September 4 City Council Conducts first public hearing Wednesday, September 12 Planning and Zoning Commission public hearings - make a recommendation to C~ty Council regarding the proposed annexation and the proposed zoning Tuesday, September 18 City Council Conducts second public hearing Tuesday, October 9 First reading of annexation ordinance - C~ty Council by a 4/5th vote ~nstltutes annexation proceedings Saturday, October 13, 2001 Ordinance published in the Denton Record Chronicle Tuesday, November 27 Second reading and adoption of annexation ordinance and public hearing for zone change request - Cgy Council by a 4/5th vote takes final action on annexation City Council by s~mple majority vote takes final action of zone change request 6 Attachment 3 2001 3 40PU NO'I'XCE OF PUBL]:C HEAR]:N A-O1-OOO4 (Hash Branch Road Ann~tlon) ~undl ~ ~e OW ~ ~n ~11 ho~ ~e fl~ of ~o public h~flngs on ~ 4~ 2001, ~ ~der ann~ng appm~ma~ly 32 acr~ I~ ~ ~e ~n, Te~, ~e pro~ Is I~ alon~ Ha~ B~n~ R~d ~ of H~hway 380 Hamp~n ~ad ~ shown shaded In ~ enticed map E~I~ ~r your In~aU~n ~ ~e and ~ ~ange ~ ~ule, ~ n~ all ~e ~ui~ m~ ~ega~In~ ~e p~ on~a~on and~ ~e u~ hued (2~) f~ of ~ s~~ ~e ~ ~un~/ ~u~ ~ nnne~on and ~o ~ ~ue~ a~ ~v~ ~u m e~d ~e pub~ hea~g~ Public a~ d~ ~ pm~de op~n~ ~ ~e~ Invo]vemen~ and commit In ~er for Planning End ~v~opment De~men~ 22~ N. Bm ~ D~ton, T~S 76201 A~: ~m D~ ~glan~ MCP, ~se Ha~g~ Pl~ d~e one: Commen~: NOT CE OF PUBL3:C HEAR:EN ; A-0:l.-0004 (Mash Branch Road Annexation) The City Council of the City of Denton will hold the first of two public hearings on Tuesday~ September 4~ 200:L, to consider annexing approxJma~Jy 32 acres Into to the corporate city limits of the City of Denton, Texas. The property Is located alms Nasd~ Branch Road north of Highway 380 south of Hampton Road as shown shaded in the enclosed map Enclosed for your Information Is the annexation and zone change request schedule, which notes all t~e required meetings ~nd Zo#ln~ Commission will hold separate pu~c hearings, on the same properOes, on Wednesday~ Sep~nber ~12~ 200~ to con$ldm' maldn$1 a ranommendation to City Council r~ardln~ the proposed annmmtlon and zon/n~ the unzoned property. Nc~nney $~et~ Denton~ T~w$ Because you own prcpet~y va~hln the proposed anne~raUon area or within two hundred (200) feet ortho subJect prope~ t~e ~y Council would llke to hear how you feel aboutth]sann~ta#'onandzonlnochaneereouestandl~ate~youtoattendthepubllcheer[ng~ Public hearings are designed to provide opp°rtunlties for citi ~z~n Involvement and comment In order for your oplnlon to be taken Into account, please return ~ enclosed form wlth your comments prior to the date of the public hearing ( 7/~/s/# no we?~_r~?_/__,~ J'~u ,~m atten~l,'/g and/ ~ pu~/c hee#n.~) You may fax It to the number located ~ the bosom, mall It: to the drop It off In-person'li'lJ I~ Planning and Development Department ~ co~ -~o 22~. N. Elm ST Denton~ Texas 7620! ~ Attn.. Dedra Donee Ragland~ AZCP~ Case Planager ~ Please circle one: HaillngAddress. ]?/~ ~ ~l~.'t' Ph~slcaI Address of Preperb( within 200 feet ClTYOFDENTON~ TEXAS CITYHALLWEST · DENTO', T1EXAS 76201 · g4034983S0 * (F) 940 349 7707 NO'I-ZeE OF PUBI.3:¢ HEAR]:NG A-0:l.-O004 (Hash Branch Road Annexation) I'he CiI~/Council of the Qb/of Denton will hold t~= first of two public bearings on Tuesda¥~ September 4~ 2001, to consider annexing appro~lr~ately 32 acres Into to the corporate city Ilml~s of the Qb/of Denton, Texas. The property Is located a~onO Hasch Branch Road north of Highway 380 ~outh of Hampton Road as shown shaded In the endosed map. Enclosed for your Information Is the annexation and zone change request schedule, which notes all the required meetings ~nd .~on/#~ Cnmml~lon will hold separate pubic hea#ng~, on the same properties, on W~dn~daJ~ Sepkember &~ 200~, ~o considew maMn~ a r~comm~ndaUon ~o ¢i~y Council ~n~ardlnv ~ha prolms~d annexaffon and zonln~ ~ unxoned proper~y, Mc~nney $~et, Denton, Texas. B~ause you own pmper~ w/thin the proposed anne~raUon area or v/[thin t~o hundred (200) feet of ~ subJec~ pmpm~ the ~y Coundl would lIke to hear how you f~l abou~ ~h~ R#nmra#on andzonlne chanoe moue~ andlnvlte-s you to affend the public hearlnv& P~b~ hearings are designed to provide opportunltiea for dflzen Involvement and comment ~n order for l your oplnlon to be taken in. to account, please retum.??e endos? form with your commen~s prior to the date of the public neanng ( 77~/~ ~o waypn3'y,~/z~ you /mm attm'/d/ng al f..~_/'~.d.,~_~ffn.~ drop It off In person, ~ Planning and Davelolx~ent Department ~--~ ~..,...,.,,e.....,..,. ~,c.. ~..o..n.,er ~l : I= / / ...--- .............. ---... ,,ee.~,.,,o... Common'In f~vor o~ requ~:u~ Neu~'al to m:lU~: Opposed ~ ~~[ .v iMalllng Address: Telephone Number: ¢~ ~/~ ~ :~ CITY OF DENTON~ TEXAS ClTY HALL WEST · DE~,TOH, TEXA$ 76201 · 94034983~0 · (F)9403497701 9 -'- NOTICE OF PUBLIC HEARIN A-01-0004 (Hash Branch Road Annexation) The City Coundl of the Ob/of Denton will hotd the first of two public hearings on Tuesday, September 4, 2001, to consider annexing appmxlmately 32 acres Into to the corporate db/bnlts of the Ob/of Denton, Texas. The property Is located elonO Masch Branch Road north of Hlghv~7 380 south of' Hampton Road as shown shaded In the enclosed map Enclosed for your information Is the annexation end zone change request schedule, which notes all the required meeUngs 77ze P/am~n.9' and ~onln~ ~/nml~sion w~l hoZd separate public headngs~ on ~e same propedo~, on ~dnesday~ ~mp~ember ~2~ 200~ ~o consider maMn~ a t~commondaUon ~o C#y Councll r~ardln# ~ proposed annexnklon and~nlnv khe unzoned prol~r~y, The public hearings will start at 0 p.m. In the Ob/Council Chambers of' Ob/Hall located at 215 E Mcl~nnay Stent, Denton, Texas. ~ecause ,you o~n p/'ope/t7 w/~/n t6e p/=~ed anne, Yah'on e,'ea o/'~ m~'Yn two ,9~2'/~d ('2~) fee~' of ff~e .sY.~./ecf' .~o,=e/'t~, ~ ~ c"o~zcT'/wou/#//,('e to ,gee,'//ow )~ ,6~ anr/,,w~', andz,~n/no ¢'han~e/3em. ye.# a/'~/# Y/'Z~e~ you to aZ'/'~'zd bge .myb//c//em"//~ Public hearings a~ designed to provide opportunities for dUzen Involvement and comment. Zn order for ~our opinion to be taken Into account, please return the enclosed form with your comments ~or to the date of the public hea~ng. (77//=/n no wa?/~/b/Z~ you ~ a#e,,'/d/#g and w/~//chea/'~¥) You may fax It to the number located at the boU:om, mall it ~ w, or drop It off In-person' Planning and Development Department 221 N. Elm ST ~! ~; o Denton~ Trams 76201 Attm Dedra Denee Ragland, A~CP, Case Hanag~ Please circle one: m~ Neutral to request Oppo~ request: Telephone Number. '~ ~ O ~00 ~/ P ca[ Ad~,eii of Fr~,%0( within 200 feet' CiTY OI= DENTON, TE,¥A$ CffYHALLWEST ·DENTON, T-r. XAS 70201 · 94034983~0 · (F)O403~OT~07 August 23, 2001 p}~nni~ ~ D~elopment Deponent 221N ~ST ~ T~ 76201 ~ A~I~ ~B~h ~ ~gon) U~o~ ~ ~ ~d I ff~u ~d l~t ~o~ p~ ~w of o~ ~o~ i~ ~ ~ l~on ~ 1~ ~sid~ ~ ~ ~d~ ~ b~t m ~ ~ ~h ~ ~t PI~, ~ ~d ~ow for ~ PI~ ~ ~ If you n~ for m ~ ~ p~t ~ ~v~ ~y q~mo~ Sm~ly, D~e E. Y~ L~ E Y~m 2~1 ~ ~ 2~1 ~t Ro~ ~nto~ T~ 76207 ~ Texm 76207 =LANNiNO & DEVELOPME,NT 11 NOT ¢E OF PUBLIC HEARI'NG A-0:t-0004 (Hash Branch Read Annexation) The CltYlCoUncll of the QLy of Denton ~gl hold the first of two public hearings on Tuesday, September 4~ 2001, to consider annexing approx~matoly 32 acres into to the corporate city limits of the City of Denton, Texas The properly ~s Ioc~t~,d along Hasch Branch Road north of Highway 380 south of Hampton Road as shown shaded ~ the enclosed map. Enclosed for your Information Is the annexaUon and zone change request schedule, whith notes all the required meetings and Zonln~ ~ommls~lon v/Ill hold s~oaram publ/c hea#ngs~ on the same properUes, on ~V~ln~day~ ~ptornb~ I~ 200~t to con~ld~ makin~ a ~commendation to City Council t~ardin~ ~he pmpos~d ennmmtton andxonln~ the unxon~d Mc~nn~l, $~e~ ~n~on, ~ew$. Because you o~n property ~thln the proposed ennexat/on area or within two hundred(200) feet of the subJec~prop~, ~e Cl~ Council would l~ke to hear how you feel about th~ ennmmtlon and zonln, o chan~e m~u~t and Invites you to attend the public he ar/n~ bearings are daslgned to provlde opportun~es for dtJzen involvement end comment ~n order for your opinion to be taken into account, pie=se return the enclosed form with your comments prior to the date o~ the public hearing. ( T~/s /~ ~o w~y pn~/~/~s you ,~,om atton#/,~ a~dpe,,#dpe#~ /n the =ub//che4#~.) You may fax It to the nurrber k~ted at the bottom, mall It to the address below, or drop it off In-person: Planning and Development Departr 22~. N. Elm ST Dentan~ Texas 7620:L Attm Dedre Denee Ragland, AZCP~ Case Please circle one~ =L~,NNJNG & DEVELOPMENT On to requas o pos to request Comment~; Printed Name: ~ Malllng Address: Telephone Numar Phial Add~ CIW OF DENTON, TE~S c~;~ · D~ON,~ 78201 · ~0~98350. (~0~9~07 12 NO'IT. CE OF PUBL]:C HEAR]:N A-01-0004 (Hash Branch Road Annexation) The CRy Council of the City of Dent~n will hold the first of two public hearings on Tue~la¥, September 4, 2001, to consider annexing approximately 32 acres Into t~ the corporate city limits of the City of Denton, Texas The properly Is located along iVlasch Branch Road north of Hlghway 380 south of Hampton Road as show~ shaded In the enclosed map Endosec for your Information Is the annexation and zone change request schedule, whlch notes all the requlra:t meetings. The and ~o~i#~ ~ommM.~lon v~ hold a~pamte public hea#n~$~ on b~e ~ame properb'ea, on Wedne.~a~ $~tomb~ Z~ 200~ to ~on~ldar makln~ a recommendat/on to City Council t~2a~in~ the pl'o~osed annmm~fon and ~onin~ the unzoned propm~y, The public hearings will start at 6 pm. In the City Council Chambers of City Hall located at 2~.5 E. IVlcKlnney Streat~ Denton, Texas Bscnuse you ovln ptolemy ~b~ln ~e ~roposed anne~mUon area or ~/~Mn two hundred(200) feet of ~ subJact prope~, o~e EEy Cou~l wo.[~ l~e ~ hear how you feel abou~ ~Is annex~t/on andzor~no ~nm mnuest and ln~tes you to attend b~e pub#c hmdng~ Public hearings are designed to provide op~rtunlties for dtizen Involvemen~ a~d c~mment ~n order f~r your oplnlon to be taken Into account, please return the enclosed form ~th your comments prior to the date of the public headng (Th~ In no ~y proMbl~ you from att~5lng and p~lc/~Uz~ In publlche~n~) You may fax It to the number located at the bottom, ma~ I~ t~ the address below, or drop it off' In-person Planning an~ Development Department 221 N. Elm ST Denton, Texas 762~2 Attn'. Dedra Deaee Eagland~ A~CP, Case t4anager Please circle one.' ~requ~ Neutral to request Opposed to request Telephone Numar. ~ N. ~ '~',~ q '~ (~ "/H 0 CITyOFDENTON, TEXAS cn'YHAI.LWEST · DEm'ON, TEX~ 78~0~ · ~o84~a · (F)~40~497707 ]3 Attachment 4 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 31 53 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED ALONG MASCH BRANCH ROAD SOUTH OF HAMPTON ROAD NORTH OF HIGHWAY 380 IN THE S. HUIZAR SURVEY, ABSTRACT NO 514 AND W BRYAN SURVEY, ABSTRACT NO 148, DENTON COUNTY, TEXAS. APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY, PROVIDING A SEVERABILITY CLAUSE, AN~D PROVIDING AN EFFECTIVE DATE (A01-0004) WHERI~AS, on July 24, 2001, the City Councd dtrected staff to unt~ate the annexauon proceedings for annexation of approxtmately 31 53 acres of land, and WHEREAS, on September 12, 2001, the Planmng and Zoning Comnuss~un recommended approval of the annexation, and WI~, the City Council finds that the area being annexed contains fewer than 100 separate m~cts of land on which one or more residentml dwellings are located on each tract, and V~rI~REAS, lh~s annexation is being made under Subchapter C-1 of Chapter 43 of the Texas Local Government Code, and WHERF_~S, the City Council finds that all required notmes were given m the tn-ae and manner requ~rod by law, and WHE~S, pubhc heanng$ before the C~ty Council were held m the Council Chambers on Septembe[ 4, 2001, and September 18, 2001, (both days being on or after the 20'~ day but before the 40~ day of the date of the restitution of the proceedings) to allow all interested persons to state their views and present evidence beanng upon fins annexatwn, and WHEREAS, annexatmn proceedings were instituted for the property dascnbed hereto by the introduction of this ordinance at a meeting oftbe City Counml on October 9, 2001, and WHEREAS, this or~,__nance has been pubhshed in full one tLme m the offimal newspaper of the City of Denton at, er annexation proe~echngs were instituted and 30 days prior to City Council taking final albion, as required by City Charter, and WHEREAS, the City Council f'mds that the annexauon vnll allow the mty to ensure development consistent w~th The Denton Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS 14 SECTION 1 The lract of land descnbed m Exhibit "A", attached hereto and incorporated by reference, Is annexed to the City of Denton, Texas SECTION 2 The service plan attached as Exlublt "B", and incorporated by reference, wluch provides for the extanslon of mumcipal services to the annexed property, is approved as part of tIus ordinance The service plan was made avmlable for public inspection and explanation to the inhabitants of the area being annexed at the above described public heanngs St~CTION 3 Should any part of this ordinance be hold illegal for any reason, the holding shall not affect the remaining pomon of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all the real property described m Exhibit "A" regardless of whether any other part of the described property Is hereby effectively annexed to the City. If any part of the real property annexed is already included within the city lurers of the City of Denton or within the Ih'mil of any other city, towll or village, or is not vatlun the City of Denton's junsdlcuon to annex, the same is hereby excluded from the temtory annexed as fully as if the excluded area were expressly described in this ordinance SECTION 4 Th~s ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ~ day of ,2001 EUL1NE BROCK, MAYOR ATTEST JENNIFEK WALTEKS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM. 15 EXHIBIT "A" All that certain lot, tract or parcel of land lying and being s~tuated m the County of Denton, State of Texas, and being part of the W Bryan Survey, Abstract Number 148 and the S Hu~zar Survey, Abstract Number 514 and also being Lot 2, Block 1 of the Marriott Gardens Addition as recorded m Cabinet N, Page 230, Plat Records, Denton County, Texas, and being more particularly described as follows BEGINNING at a point being the southwest comer of Lot 2, Block l, of sa~d Marriott Gardens Addition and being in the present Denton c~ty hmlts as estabhshed by Ordinance No 86-23, THENCE North along the west hne of Lot 2, Block 1, of said Marriott Gardens Add~tlon, a d~stance of 1,371 66 feet to the northwest comer of Lot 2, Block 1, of sa~d Mamott Gardens Addition, THENCE South 89 degrees 48 minutes 00 seconds East along the north hne of Lot 2, Block 1, of smd Marriott Gardens Addition, passing the west right of way hne of Maseh Branch Road as dedicated by sard Marriott Gardens Addition at a d~stance of 901 47 feet and continuing for a total d~stanee of 1,000 01 feet to a point for comer, THENCE South for a d~stanee of 1,375 44 feet to a point for comer, THENCE North 89 degrees 35 minutes 00 seconds West for a d~stance of 98 53 feet to a point lying m the west right of way hne of smd Maseh Branch Road as dedicated by said Marriott Gardens Addition and eontmuang along the present Denton e~ty hm~ts as estabhshed by Ordinance No 86-23, and also being the south hne of Lot 2, Block l, of sa~d Marriott Gardens Add~t~un for a total distance 1,000 03 feet to the POINT OF BEGINNING and contmmng 31 53 acres of land 16 EXHIBIT "B" CITY OF DENTON ANNEXATION SERVICE PLAN FOR A01-0004 (Maseh Branch Road) L AREA ANNEXED The annexation area 1s located in the western portion of Denton's Extratemtonal Jurisdiction and contains approximately 31 53 acres along Masch Branch Road south of Hampton Road north of H~ghway 380 I_.I INTRODUCTION This service plan has been prepared m accordance w~th the Texas Local Government Code, Sections 43 021, 43 065, and 43 065(b)-(o) (Vernon 1999, as amended) Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance w~th the following plan The City shall prowde the annexed tract the levels of service, infrastructure, and Infrastructure mmntenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the city w~th similar topography, land use, and population density III._~.AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Pohee Protection, Code Enforcement, and Ammai Control Pohce service, including patrolhng, response to calls, and other routine functions, will be prowded to the property upon the effective date of the annexation using existing personnel and equipment Code enforcement and ammal control services will also be prowded to the property upon the effective date of the annexation B F~re Protection F~re protection (w~th~n the limits of ex~stmg hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation The estimated emergency response t~me m th~s area ~s 10 minutes, whmh is similar to responses for surrounding properties w~th~n the c~ty limits The City of Denton will prowde emergency mechcal services ("EMS") C Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the C~ty of Denton and/or Denton County shall be maintained by the City of Denton on the effective date of the annexation Installation and mamtenance of street signs, street hghtmg and traffic control devices will be mamtmned by the C~ty of Denton on the effective date of the annexatmn D. Parks and Recreation Facilities Parks and recreatmnal facihtles m the area to be annexed will beg~n upon the effective date of the annexatmn according to the 2000 Parks and Recreation Master Plan No parks are currently located w~thm the proposed annexation area Denton neighborhood park facilities are located within reasonably close distance of the 17 proposed annexation area Residents of the proposed annexation area wall be able to use existing City of Denton park and recreation facahtaes and programs E. Library Services Library services wall be made available on the effective date of the annexation on the same basis and at the same level as similar hhrary facilities are maintained throughout the city F. Building Inspections and Consumer Health Servaces Bmldmg inspections and consumer health servaces will be made av0alable on the effective date of the annexation on the same basas and at the same level as s~mflar faealat~es are maantatned throughout the C~ty Both services are prowded on a "cost recovery" basis, and permit fees offset the costs of services dehvered Incomplete constrnctaon must obtam bualdang permits from thc Building Inspections Department of the C~ty of Denton G. Piannang and Development Services Planning and development servaces will be made available on the effective date of the annexataon The Plannmg and Development Department currently services th~s property by way of admm~stration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations City Council adopted The Denton Plan, the city's 1999-2020 comprehensave plan, by Ordinance 99-439 on December 7, 1999 The Future Land Use Plan addresses both land m the caty and ~ts ETJ, and the subject tracts contain Exastmg Nelghborhood/Infill Compat~bahty Areas, Employment Centers, and 100 year Floodplam/Envaronmentally Sensitive Areas The Denton Plan designates future land uses to manage the quahty and quantaty of growth by organizing the land use patterns, by matching land use intensity w~th available anfrastrncture, and by preservmg floodplains as environmental and open space corndors The Denton Plan will be used as a basas for final zomng classifications after the properties are annexed IV UTILITY (RATEPAYER) SERVICES A. Sol~d Waste Collection The C~ty of Denton is the exclusave residential and commercml sohd waste service provider in the C~ty The Department ~s an entirely fee based operation and receaved no resources from taxes Sohd waste collection service will be provided to the property upon the effective date of the annexation using ex~stlng personnel and eqtupment Resadents have the optaon to choose between a private company or servace wath the CaW of Denton The Caty of Denton Solid Waste Department will honor existing contracts with private solid waste service prowders after the effective date of this annexation ~n accordance with Texas Local Government Code, Section 43 056(0) (Vernon Supp 2000) To receive sobd waste collection service, the customer must contact the C~ty of Denton Customer Service Office and submit a request/applacataon for service Currently the s~te contoans 3 resadentlal units, a sand and gravel processing plant, and county road maintenance facflaty 18 B. Water/Wastewater Facthtles Maintenance of water and wastewater factht~es ~n the area to be annexed that are not within the service area of another water or wastewater utd~ty wdl begin upon the effective date of the annexation using cx~stmg personnel and equipment Currently, the majority of the area to be annexed ~s provided w~th a private water well and a private wastewater system A City of Denton waterhne exists m the annexation area Additional water and sewer hnes are located along the bonndanes of the annexation area The C~ty shall provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that ~s comparable to the level of services, infrastructure, and infrastructure moantenance avadable m other parts of the c~ty w~th topography, land use, and population density s~mllar to those reasonably contemplated or projected m the area C. Drainage Services Drainage maintenance will be provided to thc property upon the effective date of the annexation The C~ty shall prowde a level of drainage services, infrastructure, and mfi'astructure m0antenanee that is comparable to the level of services, infrastructure, and mfi'astructure mmntenance avadable m other parts of the c~ty w~th topography, land use, and population density s~mllar to those reasonably contemplated or projected m the area D. Electrical Services Denton Mumelpal Electric is certified by the State and ~s obhgated to prowde electric utility service to the annexation area should a request be made by a property owner Electric utthty service will be made avadable on the effective date of the annexation on the same bas~s and at the same level as s~mdar facllmes are maintained throughout the city Denton Municipal Electric is the current electric service provider for tfus site OTHER SERVICES Other services that may be provided by the City, such as mumc~pal and general admlmstratlon will be made avaalable on the effective date of the annexation The C~ty shall provide a level of services, lnfi'astructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density s~mllar to those reasonably contemplated or projected in the area V._~.I CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage facthtles ~s contemplated wlflun the annexed area as a result of th~s annexation because the annexed area on the date of annexation will have a level of full mnnlc~pal services equal to other areas within the City hawng s~mllar characteristics of topography, land use, and population density Thus, no construction of public ~mprovements ~s contemplated as a result of this annexation that would begin v~thln two and a half (2 ½) years after the effective date of the annexation The City shall consider construction of other pubhc ~mprovements as the needs dictate on the same bas~s as such public improvements are considered throughout the City for areas hawng similar characteristics of topography, land use, and population density 19 VII UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for promdmg different levels of servme VIII. TERM Th~s servme plan shall be vahd for a term often (10) years Renewal of the service plan shall be at the d~scretlon of C~ty Council I.~.X AMENDMENTS The service plan may be amended if the City Council determines at a public heanng that changed conditions or subsequent occurrences make this service plan unworkable or obsolete The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43 056 (Vernon Supp 2000) 20 Attachment 5 ORDINANCE NO. 2001- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF LAND, COMPRISiNG APPROXIMATELY 32 ACRES IN THE CITY OF DENTON TO THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION; THE TRACT BEING GENERALLY LOCATED ALONG MASCH BRANCH ROAD, SOUTH OF HAMFrON ROAD AND NORTH OF HIGHWAY 380, IN THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION; PROVIDING A PENALTY CLAUSE AND AN EFFECTIVE DATE (Z01-0005). WHEPd~AS, the City of Denton has lmt~ated the original zoning for an approxunate 32 acres of land being annex rote the Qty of Denton, to Agricultural (A) zomng d~stnct classification and use, and WHEREAS, on September 12, 2001, the Planning and Zoning Conumssmn recommended approval of the requested zomng; and WHEREAS, the Cfly Council finds that the zomng ~s consistent with the Compreheus~ve Plan, NOW, THEREFORE THE COUNCIL OF TH~ CITY OF DENTON HEREBY ORDAINS SECTION 1, The zomng thstnct classification and use deslgnat~on of the approxnnate 32 acre property as ~lescribed in the legal description attached hereto and incorporated hereto as Exlnblt "A" ~s hereby zonal to the Agricultural (A) zomng d~stnct clasaficat~on and use designation under the comprehenstve zoning ordinance of the City of Denton, Texas SECTION 2. The Qty's official zoning map ~s amended to show the change m zoning thstnct classification. SECTION 3 Any person wolatmg any prows~on of ttus ordinance shall, upon conwc~on, be fined a sum, not exceeding $2,000 00 Each day that a provision of th~s ordmence ~s wolated shall constitute a separate and thstmct offense. SECTION 4. Tlus ordinance shall become effecUve fourteen (14) days from the date of Its passage, and the Qty Secretary xs hereby chrected to cause the capUon of tins ordinance to be pubhshed twice m the Denton Record-Chromcle, a dmly newspaper published ~n the C~ty of Denton, Texas, w~thm ten (~0) days of thc date ofits passage 21 PASSED AND APPROVED tins the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM. HERBERT L. PROUTY, CITY ATTORNEY 22 EXHIBIT "A" All that certmn lot, tract or parcel of land lying and being s~tuated ~n the County of Denton, State of Texas, and being part of the W Bryan Survey, Abstract Number 148 and the S Hu~zar Survey, Abstract Number 514 and also being Lot 2, Block 1 of the Marriott Gardens Addition as recorded ~n Cabmet N, Page 230, Plat Records, Denton County, Texas, and being more particularly described as follows BEGINNING at a point being the southwest comer of Lot 2, Block 1, of sa~d Marriott Gardens Addition and being ~n the pmsant Denton c~ty hm~ts as estabhshed by Ordinance No 86-23, THENCE North along the west hne of Lot 2, Block 1, of smd Mamott Gardens Addition, a d~stance of 1,371 66 feet to the northwest comer of Lot 2, Block 1, of sa~d Marriott Gardens Addition, THENCE South 89 degrees 48 m~nutes 00 seconds East along the north hne of Lot 2, Block 1, of smd Marriott Gardens Addition, passing the west right of way hne of Masch Branch Road as dedicated by smd Mamott Gardens Addition at a d~stance of 901 47 feet and continuing for a total d~stance of 1,000 01 feet to a point for comer, THENCE South for a d~stanee of 1,375 44 feet to a point for comer, THENCE North 89 degrees 35 m~nutes 00 seconds West for a d~stance of 98 53 feet to a point lying ~n the west right of way hne of smd Maseh Branch Road as dedicated by smd Mamott Gardens Addition and continuing along the present Denton c~ty hm~ts as estabhshed by Ordinance No 86-23, and also being the south hne of Lot 2, Block 1, of smd Mamott Gardens Addition for a total d~stance 1,000 03 feet to the POINT OF BEGINNING and contmmng 31 53 acres of land 23 Attachment 6 Planning and Zoning Commission Minutes September 12, 2001 7 Hold a public hearing regarding the proposed ~nvoluntary annexation, service plan and proposed zoning for approximately 32 acres of land generally located along Masch Branch Road, south of Hampton Road and north of Highway 380, in the extraterritorial junsdmt~on (ETJ) of the City of Denton A batch asphalt plant ~s proposed (A01-0004 Masch Branch Road Annexation & Z01~ 0005 Maseh Branch Road Zomng, Dedra Ragland) a Consider making a recommendation to C~ty Council regarding the proposed annexation (A01-0004, Maseh Branch Road Annexation) Motion by Vleki Holt and seconded by Susan Apple to recommend approval to C~ty Council *D~scusslon of item IS included in the Court Reporter's transcript attached to tbas set of minutes (Page 29) Motion carries 6-0 - Commissioner Joe Mulroy excused h~mself from th~s pubhc heanng due to conflict of interest b Consider making a recommendation to C~ty Council regarding the proposed zomng to an Agriculture (A) zomng distract (Z01-0005, Masch Branch Road Zomng, Dedra Ragland) Motion by Vieki Holt and seconded by Salty Rlshel to recommend approval to C~ty Council *D~scussIon of atom IS Included an the Court Reporter's transcript attached to th~s set of minutes (Page29) Mot~0n tames 5-1-Commissioner Joe Mulroy excused h~mself from th~s pubhc heanng due to a conflict of interest Commissioner Bill Kelth opposed Parc 29 Page 3 i i rc~m ttmt mott~ tn any way, shap~ or fomi or would I A b~ ~t p~t Is p~o~ S~ is ~dm8 2 ~p~? ~ ~j~t~ 2 6 We'H~t~l~~l ~ 6 ~ ~S~i~yu~as~t~8 7 it's s~H ~ lu~ ~'H ~ ~ Up at ~t ~ 7 ~ ~p~tv~ 9 ~~t~s~ ~ 9 ~ ~you,~ ~ ~d 10 ~i~ 10 ~ ~ a ~ or ~ ~d ou~ne w~'s ~ to ~ 13 ln~l~ ann~, ~ p~n, and ~ ~8 13 ~ ~ 15 ~h B~ R~, ~ ~H~p~ R~ nM ~ of 15 ~g ~out a fl~ ~d I ~ ~u~ but I pm~ly 16 H~ 3~ ~ ~ ~~ of ~ 16 j~ ~ t *~ w~t you ~d 18 ~ 18 ~'~ ~ ~c ~ tt*s a b~ md w~ ~, tt 19 ~ ~,~ l'd~m 19 ~t~on~y~ 22 ~1~? ~ ~ h's ~ ~'tm~t ~u~much 24 ~fl~s ~nAof~sac~s~a 24 ~ C~i~Roy P~e 30 P~ 32 I ~g0a ~d~tisA01~,~~d I ,~c~ And~x~s~d~ltto 4 ~ ~ ~ ~c~ ~ ~n~ And ~t ~ld ~ 4 ~ ~to- 5 ~l~5,~ch~ ~ ~d~ 5 ~L ~ ~wo~dl~eto 6 p~t 6 c~ ~ ~ f~ yo~ 8 ~~Ph~ ~ 8 ~f~*~ ~&~what~,~y 10 B~ch Inv~ ~ ~d ~ ~ch ~h ~ 1o ~ ~nm~ p~8 n~f~ ~ ~dj~ ~4 ~ ~at~n or ~ su~t p~t ~ 14 ~ ~ ff ~ ~ m ~p~d, ~'d 17 8in~n~of~,~s~fl~ 17 . [~~mn~d~who 19 ~n ~~ ~ pm~ o~ We've 19 ~) ~t ~m~ w~ ~ ~ ~ ~ ~ ~lns~ of a ~ ~ pi~ ~hl 20 21 ~o~'ss~y~y, lt~ya 21 ~ ~G~ Yes 22 ~n~ p~ WO'~ ~ns~ ~ ~1 ~d ~ ~ 22 ~ ~ ~k you 23 still- ~ ~1 ~ f~ ~ ~m 23 ~ C~SIO~ ~y f~ PLA~0 A~ ~G ~S~ON SH~ 1~ 2001 P~e 29 * Page 32 25 Pag~ 33 Page :35 3 ~ ~a~it ~7 ~~ 3 ~ ~ ~ but ~ s~d ~ b~ m 4 -~nt it ~ ~ w~t ~ ~ g~n~ 4 ~ ~ B~ ~ ~o~ ~ ~ ~ ~I~~ 5 pl~t~ ~d~d~gy~~p 7 ~ ~ ~ ~ ~ you 7 Wc a~Ja~ aH ~ ~ and [1 ~ ~ts~l~~d~ 11 ~a~ x~you,~ ~yo ~y [2 a~ 12 ~u~s ~lo~, ~ Ms Ma~? ~ ~u ~yone 13 ~ ~ I'm~ ~ I ~ at 1913 1~ ~ on~ ~m, ~t Is In fav~ of ~ tnvol~ 16 p~ ~~ ~ ~ ~ ~1 ~ ~ 1~ w~ld ~ ~ ~ ~a~ ~ mvo~ an~n, 14 ~ ~ cilag ~ 1 ~ o~ in D~ ~ ~ ~ ~ ~ ~ ap~al f~ ~ ~ ~ahon and ~ 3 ~ly~dM ~ ~ ~ ~ 3 ~P~ 4 ~ O~ ~ ~t ~ ~m ~ ~ ~ 4 ~ ~W~L, [~ a qu~on of~a~ I 8 ~ 8 nn~ ~d tf It ~s A4 ~J~? 9 B~ a ~~ ~ a~ 9 ~p~t p~ ~d not ~ ~ ~ wo~ ha~ ~ ~ 10 ~ ~, ~v~ s~ ~ ~ ~ 10 12 ~1~ ~if~&~ 12 ~nt ~ budd an ~p~lt p~ 16 ~*sa~a~j~~380 ~ 16 ~bfi~f~puffinS~p~ltphnt I'm~t 17 ~~~t~~ 17 .s~w~t~c~s~a~d~ ~b~ 19 ~ of~, b~ ~ ~ ~ ~ofa ~ 19 ~C. T~ you ~ ~h 20 ~n ~ v~ ~ ~, ~0 ~ ~ue~ ~sl~ ~ 21 l~t~n~a~, Y~ 21 ~ ~ ~t'son~p~ 24 ~ ~b~ go m B~ ~ ~ ~ 3~, ~ 24 ~ p~s of bull&~ ~ p~t, ~s~caon of 25 o~. ~i~~0 25 ~ w~t~you~n~s? I~, PLA~O]A~ ZO~O co~SSioN SE~BR 12, 2001 "' Page 33 -' Page 3~ 26 Condens~It TM Page 37 Page 39 I have they got tha foundattan poured? Thay got the I 6-0 with Mr Mulroy having excused h.n~lt Thank you 2 building up? I mcan, what's tho c~t -- 2 Commissioners 3 MR. RISHEL what tha~'ro building is an 3 l,.ea~ B ia at:It on our Agenda rogardmg thc 4 offic~ faoJlty 4 Agrl¢llltural zoning Is thc~ a motion? Comuugator~ 5 MS. RAOLAh'D oh, okay I'm ~orry S Holt 6 MR RIgHEL And Pmjuat g',,lasslng 6 Ma not r 1 move to r~commcnd zoning approval 7 MR.KEITH l'msorry What's that agmn? 7 of Z01-0005 8 MR gI','YDER. AS I un&rstand tt in talkaag to 8 MS APPt.F~ second 9 thalr attorney, l haven't bean out there, but tharg are a 9 MR alaneL It's been moved by Commtasmncr 10 couple of existing buddings on the s~t~ that tho/usc for 10 llolt and seconded by Gommisslon~r Apple. Any qtmstaoas 11 soinc type of busaneas and that they are buHding an 11 comments? Ifnot. ple~sevot~ 'Hmnkyou Cowarasstonecs 12 additional buti0ang or two on the atto But those 12 And tl~ vote carrlc~ 5 1 with Gommissloner Mulroy having 13 bul.ldings, as I understand it, havc nothing to do with the 13 excused lunis~lf Thank you, Comnusamnors t4 asphalt plant They'ro office-type buddings 14 (COMMiSSIONFR KElTiC va?ED tN OPPOSITION ) 15 Mg IC~ITa okay Justsoffw~chen~the ~" "' ~ l~lr~glllrt.'~;nex~t~"'~?~'A~'~W~'~' ~' '-- - 16 zoning hare, we won't b~ creating any legal prob~ms for 16 Item No g and ~t Is hold a pubh¢ hcanng regarding tho 17 Us with th~m havltlg a work in proco~, would weq 17 propo$od voluntary anncxauon, sea'vlc~ plan and proposed $ MR ~NYDER That question was asked a moment 18 zoning of upplOXm~atcly 2,226 ac~s of land gctlcrally 19 agoandMr Rclchhartansweredttcorrantly Ii'sa 19 tocatedsouthofeMa~m~dwestofI35W, north of Robson 20 nonconforming use~ lcga~ noncon forming us~ ~0 they can 20 Ranch Road, parually oast of th~ Robgan Ranch development 21 continua to us~ that us~ as a nonconforming us~ under our 21 and the $ohn Pama Road m tl~ extratemtorisl 22 zoning ordinance If they wen~ to expand the us~, then 22 .luns&¢uon of thc C~ly of D,~ton 23 they would havo to ¢om~ m and rezor~ it or ohan~ tt to a 23 Oas we, tls arc proposed And thl~ ~s a Part A 24 diiferorR ~d~, th0y WOBM hw, e to com~ In and rozon~ tt 24 and a Part B Part A is consider malong a nw..ommondation 25 MR KErrH okay What I was rcfonaag to is 25 to City Com~¢ll l~gardmg th~ proposed annexation And Page 38 Page 40 I tho work Ia ~, that's whal ! want to mako co'tam Part B ts consider malong a n:canuneadat~on to City Council 2 of 2 ~arding th~ proposed zoning to an Aglacultural zoning 3 MIR. aNyDER.'rl~workmproce~8tgalsO 3 district AndMs Ragtandw~llpre$¢nt 4 prot~ctedbocaasolt'm¢otat{d~n:dwhatwouldbea~ommon 4 MS RAOLAND ooodevenmgagam Th~sisa 5 law voatlng Undo' ~oaunon la~ v~stmg theory, anco )~u'v¢ 5 voluntary anra,'xatlon Tho applicant :s pctrus lnwaoramt, 6 l~gun¢or~ttucttonofa facihty ausc, and tt's annexed 6 LP Ib~hevuweahowedth~C~tyofD~ntonandthatis 7 you ro ~utllled to that uno so long as you d:dn t do g in 7 incorrect m your staff report Tho gubjent proporly is 8 bad faith If yon kn~v 0a~ ann~atlon was coming trod ) aa 8 leeated en page 8 m your backup and also proc~lt~d on tl~ 9 ran out t~gr~ and mtart~d building son,~thtag, you couldn t 9 screen, if v~ couM get tho doctuncnt camera on 10 ¢onhnu~ But ff yon did it mgoed faRh, you c, an 10 On }'uno 5th, 2001, Cxty Council directed staff 11 M~ RISHBL. Aoy other q~tlOB~; I 1 to tmanmate tl~ Hunter Ranch involuntary annexatmn tf 12 Comnu~smn~rs. of staff dtl~r regarding tho annexation or 12 tho apphcaat algn~d to file a voluntary pet, ion and to 13 regarding the mzomng? And I would ask that when v~ 13 $ubrmt a lottor sanmg that tlmy would not aubmlt any 14 bnng this forth as a matron that ~.$ ~arat~ ~ and 14 moro dov~lopm~nt apphcaUons r~lated to tht~ prolm~ [5 bnng ann at attnm forward and wa'Il vo~ aa them 15 Smc. v that titan, thc apphcant has dane thin and wc are i6 individually C.o~mis~loonc Apple 16 mmitlatmg this annexatton As Commtssioncr R~sigl 17 M~^PI'LK oh Imaoro 17 _r~ported gasvn:llsarob~mgproposed Th~appl<ant*s 18 Ml~ms.£t. Imsorry Anyotl~rqu~sttona 18 pr~sentherotomghttoansv~rauyquosuon$ Staff t9 of staff ur a motion? Commtsaion~r Holt 19 recommends approval Zl approval of A01'0004 ~1 staff is recommending that thc proposed property, oncu 23 MiL Rls~lm ri was moved by Conumsslon~' Holt 23 MR. RlSUlR. 'thank you, Ms Rngland 24 and seconded by Comuussmn~r Apple Any further questions 24 Comuuss~oner Roy 25 or clarification? Ifant, phemevoZ Thovot~pasm~ 25 MRROY tmaltttleconfusedwahthocolor PLANNiNO'ANDZONINGCOMM]SSION SEPTl~MBER 12,2001 Page37-Page40 27 AGENDA DATE' November 27, 2001 DEPARTMENT' Plaunmg & Development CM/DCM/ACM. Dave Hill, 349-8314 SUBJECT - A01-0005 (Hunter Ranch .~nnexatton) Z01-0008 (Hunter Ranch Zomng) a Consider adoptmn of an ordinance on second reading to voluntarily annex approximately 2,194 acres of land g,nerally located south of FM 2449, west of Interstate H~ghway 35W, north of Robson Ranch Road and part~ally east of the Robson Ranch Development and John Paine Road in the C~ty of Denton Extratemtonal Jurisdiction The Planmng and Zomng Commission recommends approval (7-0) (A01-0005) b Hold a pubhc heanng and consider adoption of an orrhnance zonmg approximately 2,194 acres of land generally located south of FM 2449, west of Interstate H~ghway 35W, north of Robson Ranch Road and partmlly east of the Robson Ranch Development and John Paine Road to the Agriculture (A) zomng dlsmct classfficatlon Gas wells are proposed The Plannmg and Zoning Commission recommends approval (7-0) (Z01-0008) BACKGROUND A voluntary aunexatlon proceeding is bemg considered by the C~ty of Denton for the Hunter Ranch annexation In accordance with the C~ty's annexation pobcy plan, approved m June 1993, the City will "access on a case by ease basis" the annexation of areas m the ETJ when s~gmfieant developments are proposed ~' On October 10, 2001, the Planmng and Zonmg Commmslon held a pubhc heanng and made a recommendatmn to City Counetl to approve the proposed voluntary annexation, service plan and proposed zoning to an Agriculture (A) zomng dmtnct The Agriculture zoning district is the most restrictive d~stnct and will preserve the general conditions of the rote, unttl the C~ty fimshes the c~tywlde rezomng efforts that began m February 2001 The Agriculture zomng d~strict is typmally used as the first zonmg d~stnct a property receives upon annexation into the mty hm~ts ~' On October 9, 2001, C~ty Council considered adoption of the annexation ordinance on first reading No one spoke at the reachng } On September 18, 2001, City Council held the second public heanng to consider th~s voluntary annexation No one spoke at the pubhc heanng >' On September 4, 2001, C~ty Council held the first pubbc heanng to consider thru voluntary annexation No one spoke at the public heanng ~ On June 22, 2001, staff was directed to lmtlate the Hunter Ranch Voluntary Annexation On June 19, 2001, Todd Platt, Petms Investment, LP, submitted a petition for voluntary annexation along with a letter from a Hunter Ranch representative stating that there would not be any more development apphcattons On June 5, 2001, C~ty Councd directed staff to terminate the Hunter Ranch Involuntary Annexatton if the apphcant filed a voluntary annexation pet~tmn and submitted a letter statmg that they would not submit any more development apphcat~ons related to the property before June 19, 2001 The property owner submitted a pre-design apphcatlon for development of natural gas wells and a general development plan apphcatlon that was rewewed by the Development Review Committee on April 12, 2001 The general development plan apphcat~on was returned to the apphcant because it was not a complete apphcatmn On April 17, 2001, C~ty Council ~nstmcted staffto ~nst~tute ~nvoluntary annexation proceedings on the proposed Hunter Ranch development The subject property is located m the extra territorial junsdmtmn and is not zoned at tins time The property is undeveloped at th~s time with the exception of one natural gas well, whmh ~s currently being drilled The original proposed annexation included three parcels not owned by Petrus Investment, L P These parcels were removed from the annexation o Geha Coleman owns tract 4, E P~zano Survey, A-0994A contmmng 16 3861 acres at the northeast ~ntersectmn of Robson Ranch Boulevard and I-35 West o Wflham C and Claudm P Lynch own tract lA, C W Byerly Survey, A-1458A contmmng 2 657 acres and tract 16a, J Dalton Survey, A0353A contmmng 1 44 acres Both tracts are located north off M 2449 on the northern most edge of the annexatmn The Comprehensive Plan ~dentffies th~s property to be w~th~n the "Neighborhood Centers", "Commumty Maxed Use Centers", "Employment Centers", "Regional Mixed Use Centers" and "Environmentally Sensit~ve Areas" The applicant ~s proposing to develop gas wells on the subJeCt property ~mtmlly and develop the remalmng portion as the market dmtates Notme of the proposed annexation and zoning des~gnatmn was pubhshed in the Denton Record Chronicle on September 1, 2001 Three (3) property owners within two hundred feet were totaled legal notices and seven (7) residents within 500 feet were sent courtesy notices informing them of the proposed annexation and zoning designat~on As of tins writing, there have been no responses OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone cons~deratton 5 Table ~tem Separate motions are reqmred for each action RECOMMENDATION The Planning and Zomng Commission recommends approval (7-0) of this annexation request and approval (7-0) of the zoning request ESTIMATED PROJECT SCHEDULE The annexation process will be completed by November 27, 2001 PRIOR ACTION/REVIEW The following is a chronology ofA01-0005, commonly known as Hunter Ranch Annexation Council Work Session April 17, 2001 DRC Review April 12, 2001 and April 26, 2001 1st City Council Public Heanng May 22, 2001 Annexation Terminated by Council June 12, 2001 Petition for voluntary annexation June 19, 2001 1st City Council Public Hearing September 4, 2001 Planning and Zomng Commission Public Heanng September 12, 2001 2"a City Council Public Heanng September 18, 2001 Ist Reading of Annexation Ordinance October 9, 2001 Ordinance Pubhshed October 13,2001 2nd Reading of Annexation Ordinance November 27, 2001 FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district It will require no short-term public improvements that are the responsibility of the city 1 Location Map 2 Annexation Schedule 3 Annexa¢on Ordinance 4 Zoning Ordinance 5 September 12, 2001 Planning and Zomng Commission M~nutes Prepared By ~ ,~¢dra~¢n~e g Small Are~ Planning Manager Douglas S Powell, AICP D~rector of Planning and Development 3 Attachment I A-01-0005 Hunter Ranch NORTH LOCATION MAP Scale None 4 Attachment 2 ANNEXATION SCHEDULE OF Hunter Ranch Annexation Area (A01-0005) Tuesday, September 4 City Council Conducts first public hearing Wednesday, September 12 Planning and Zoning Commission public hearings - make a recommendation to Clty Council regarding the proposed annexation and the proposed zomng Tuesday, September 18 City Council Conducts second public hearing Tuesday, October 9 First reading of annexation ordinance - C~ty Council by a 4/5th vote ~nsntutes annexation proceedings Saturday, October 13 Annexation ordinance published in Denton Record Chronicle Tuesday, November 27 Second reading and adoption of annexation ordinance and public hearing for zone change request - C~ty Council by a 4/5th vote takes final action on annexation C~ty Council by simple majority vote takes final action of zone change request Attachment 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 2,194 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED SOUTH OF FM 2449, WEST OF 1-35 WEST, NORTH OF ROBSON RANCH ROAD AND PARTIALLY EAST OF THE ROBSON RANCH DEVELOPMENT AND JOHN PAINE ROAD E PIZANO SURVEY, ABSTRACT NUMBER 994, THE G PETTINGALE SURVEY, ABSTRACT NUMBER 1041, THE J TAFT SURVEY, ABSTRACT NUMBER 1269, THE B B B & C RR SURVEY, ABSTRACT NUMBER 158, THE S PRITCHETT SURVEY, ABSTRACT NUMBER 1021, THE G WEST SURVEY, ABSTRACT NUMBER 1393, THE J DALTON SURVEY, ABSTRACT NUMBER 353, AND THE S PRITCHETT SURVEY, ABSTRACT NUMBER 1004, AND THE I BYERLY SURVEY, ABSTRACT NUMBER 1458, AND THE J DALTON SURVEY, ABSTRACT NUMBER 353 AND ALSO BEING A PART OF A TRACT OF LAND CONVEYED TO PETRUS INVESTMENT, L P BY DEED AS RECORDED BY COUNTY CLERK'S FILE NUMBER 99-0117450, TRACTS I & III, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING A PART OF A TRACT OF LAND CONVEYED TO GELIA ESTES COLEMAN BY DEED AS RECORDED BY COUNTY CLERK'S FILE NUMBER 00-0000573, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE (A01-0005) WHEREAS, the property owner has petataoned for the annexation of approxmmtely 2194 acres of land described hereto, and WHEREAS, on September 12, 2001, the Planning and Zoning Comm~ssxon recommended approval of the pettt[on for annexatmn, and WHEREAS, pubhc heanngs were held m the Council Chambers on September 4, 2001, and September 18, 2001, (both days being on or after the 20th day but before the 40th day before the date of the msttmt~on of the proceedings) to allow all interested persons to state their views and present evtdenee beanng upon th~s annexation, and WHEREAS, annexation proceedings were ~nst~mted for the property described hereto by the lntroductaon ofth~s ordinance at a meetmg of the C~ty Counml on October 9, 2001, and WHEREAS, tins ordinance has been pubhshed m full one t~me m the official newspaper of the C~ty of Denton on October 13, 2001, after annexation proceedings were mst~mted and 30 days prior to Ctty Council taking final actmn, as reqmred by City Charter, and 6 WHEREAS, the C~ty Council finds that the annexation will allow the city to ensure development consistent wtth The Denton Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The tract of land described m Exh~int "A", attached hereto and incorporated by reference, ts annexed to the City of Denton, Texas SECTION 2 The servtce plan attached as Exinb~t "B", and mcorporated by reference, which provides for the extension of mumclpal services to the annexed property, ts approved as part of tins ordinance The servtce plan was made avmlable for pubhc mspect~on and explanation to the inhabitants of the area bemg annexed at the above described public heanngs SECTION 3 Should any part of tins ordinance be held illegal for any reason, the holdtng shall not affect the remaining portion of tins ordinance and the City Council hereby declares tt to be Its purpose to annex to the City of Denton all the real property described in Exhibit "A" regardless of whether any other part of the described property is hereby effectively annexed to the City If any part of the real property annexed ~s already included mt}an the mty hnuts of the C~ty of Denton or w~thm the htmts of any other mty, town or xallage, or Is not w~thm the City of Denton's junsdmt~on to annex, the same is hereby excluded from the territory annexed as fully as ff the excluded area were expressly described tn this ordinance SECTION 4 This orchnance shall become effecttve lmmedtately upon tts passage and approval PASSED AND APPROVED tlus the ~ day of ,,, 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT ROUTY ITY ATTORNEY 7 EXHIBIT "A" The property ~s generally located in the southwestern section of the C~ty of Denton The property is bounded on the north by F M 2499 and on the south by Ed Robson Boulevard (formerly known as Crawford Road) and on the east by an approximate 320 foot wide strip of land ~n the City L~m~ts on the west sAde Interstate 35W and on the west partmlly by John Prone Road and the Robson Ranch Development More partmularly all that certmn lot, tract or parcel of land lying and being sAtuated in the County of Denton, State of Texas, and being part of the E P~zano Survey, Abstract Number 994, the G PettAngale Survey, Abstract Number 1041, the J Taft Survey, Abstract Number 1269, the B B B & C R R Survey, Abstract Number 158, the S Pntchett Survey, Abstract Number 1021, the G West Survey, Abstract Number 1393, the J Dalton Survey, Abstract Number 353, and the S Pntchett Survey, Abstract Number 1004, and the I Byerly Survey, Abstract Number 1458, and the J Dalton Survey, Abstract Number 353 and also beAng a part of a tract of land conveyed to Petrus Investment, L P by deed as recorded by County Clerk's FAle Number 99-0117450, Tracts I & III, Real Property Records, Denton County, Texas, and being more partAcularly described as follows BEGINNING at a pmnt in the existing northern right of way lane of Farm-to-Market 2449 (hereAn after referred to as "F M 2449") and the present Demon c~ty hmAts as estabhshed by the west hne of OrdAnance No 91-033, Tract IV, and also being m the south hne of smd Petms, Tract I tract of land, THENCE South 00 degrees 05 minutes 11 seconds West crossing smd F M 2449 for a d~stance of 113 39 feet to a point ~n the exAstmg southern right of way hne of smd F M 2449 and the present Denton city hm~ts as estabhshed by the west hne of OrdAnance No 91-033, Tract V, and also being m the most northerly north hne of stud Petrus, Tract I tract of land, THENCE South 00 degrees 05 minutes 31 seconds West along the present Denton c~ty hm~ts as estabhshed by Ordinance No 91-033, Tract V and the most easterly east hne of stud Petrus, Tract I tract of land for a thstance of 1,357 72 feet to a point m the present Denton mty hmAts as estabhshed by the west lane of Ordinance No 91-033, Tract V, and the present Denton c~ty hmAts as established by Ordinance No 69-40, Tract II, same pmnt being 500 feet perpendicular to the centerhne of Interstate 35-W, THENCE South 26 degrees 51 minutes 40 seconds West along the present Denton c~ty hmAts as estabhshed by Ordinance No 69-40, Tract II, and being parallel to and 500 feet perpendmular to the centerhne of Interstate 35-W for a d~stance of 8,922 60 feet to an angle point, THENCE South 29 degrees 55 minutes 51 seconds West contmmng along the present Denton city hm~ts as estabhshed by Ordinance No 69-40, Tract II, and being parallel to and 500 feet perpendicular to the centerhne of Interstate 35-W for a dastance of 5,234 02 feet to a point m the common property hne of stud Petms, Tract I tract of land a tract of land conveyed to Geha Estes Coleman by deed as recorded by County Clerk's File Number 00-0000573, Real Property Records, Denton County, Texas, 8 THENCE North 00 degrees 09 minutes 01 seconds East along the common property line of smd Petrus, Tract I tract of land and smd Coleman tract of land for a distance of 994 54 feet to the northeast comer of smd Coleman tract of land, THENCE North 89 degrees 46 m~nutes 33 seconds West contlnmng along the common property line of smd Petms, Tract I tract of land and stud Coleman tract of land for a distance of 723 01 feet to the northwest comer of smd Coleman tract of land, THENCE South 00 degrees 14 mmutas 41 seconds West continuing along the common property line of stud Petrus, Tract I tract of land and stud Coleman tract of land for a distance of 1,428 17 feet to a point m the present Denton city limits as established by Ordinance No 99-221, stud point being 1000 00 feet parallel of and perpendicular to the existing north right of way line of Crawford Road, a pubhc road, THENCE North 89 degrees 32 minutes 57 seconds West along the present Denton city limits as established by Ordinance No 99-221, smd city limit line being 1000 00 feet parallel of and perpendmular to the existing north right of way line of stud Crawford Road for a dmtance of 5,230 71 feet to the west hne of the smd E Plzano Survey, Abstract Number 994 and the east hne of the M Scurlock Survey, Abstract Nttmber 1141, and being the present Denton city hmlts as established by Ordinance No 99-220 and also being in a west property line of smd Petms, Tract I tract of land, THENCE North 00 degrees 04 minutes 29 seconds West along the west line of the stud E Plzano Survey, Abstract Number 994 and the east hne of the M Scurlock Survey, Abstract Number 1141, and being the present Denton c~ty hmlts as estabhshed by Ordinance No 99-220 and also being a west property hne of smd Petrus, Tract I tract of land for a distance of 2,319 92 feet to an angle point, THENCE North 00 degrees 04 minutes 29 seconds East contlnmng along the west line of the stud E P~zano Survey, Abstract Number 994 and the east hne of the M Scurlock Survey, Abstract Number 1141, and being the present Denton city hmlts as estabhshed by Ordinance No 99-220 and a west property hne of smd Petms, Tract I tract of land for a d~stance of 3,074 86 feet to an angle point m the north hne of the stud M Scurloek Survey, Abstract Number 1141 and the most southerly south line of the G Pettmgale Survey, Abstract Number 1041, THENCE North 89 degrees 35 minutes 40 seconds West cont~nmng along the present Denton city hm~ts as estabhshed by Ordinance No 99-220 and the property line of stud Petrus, Tract I tract of land, and also being the north line of the said M Scurlock Survey, Abstract Number 1141 and the most southerly south hne of the G Pettmgale Survey, Abstract Number 1041 for a distance of 1,215 55 feet to an angle point m the west hne of the said G Pettmgale Survey, Abstract Number 1041 and the east line of the J H Prone Survey, Abstract Number 1617, THENCE North 00 degrees 40 minutes 51 seconds East contmmng along the present Denton city limits as estabhshed by Ordinance No 99-220 and a west property hne of stud Petrus, Tract I tract of land, and also being the west line of the G Pettlngale Survey, Abstract Number 1041, 9 and the east line of the J H Prone Survey, Abstract Number 1041 for a distance of 3,802 57 feet to the most southerly north property line of smd Petrus, Tract I, tract of land, THENCE South 89 degrees 39 minutes 42 seconds East along the most southerly north property line of smd Petrus, Tract I tract of land for a distance of 5,806 06 feet to an angle point, THENCE North 01 degrees 51 minutes 13 seconds East continuing along the most southerly north property line of said Petms, Tract I tract of land for a distance of 92 21 feet to an angle point, THENCE South 89 degrees 56 mlnutas 51 seconds East continuing along the most southerly north property line of smd Petrus, Tract I tract of land for a distance of 5,438 70 feet to a point in the existing eastern right of way line of John Paine Road, a pubh¢ road, THENCE North 00 degrees 24 minutes 24 seconds East along the existing eastern right of way hne of smd John Pane Road for a distance of 6,152 13 feet to a point in the most easterly west property hne of said Petrus, Tract I tract of land, THENCE North 44 degrees 41 minutes 34 seconds East along the most easterly west property line of said Petrus, Tract I tract of land for a distance of 185 77 feet to a point m the north property llne of said Petrus, Tract I tract of land and the existing southern right of way line of F M 2449, THENCE North 89 degrees 53 minutes 51 seconds East crossing the existing right of way hne of F M 2449 for a distance of 245 46 feet to a point in the existing northern right of way line of F M 2449 and bemg the southwest property corner said Petrus, Tract III tract of land, THENCE North 00 degrees 17 minutes 18 seconds East along the most westerly west property line of smd Pctrus, Tract III tract of land for a distance of 75 50 feet to a lying in the existing southern right of way line of Underwood Road, a public road, THENCE South 89 degrees 42 minutes 00 seconds East along the existing southern right of way line of said Underwood Road for a distance of 1,017 67 feet to a point in the existing eastern right of way hne of said Underwood Road, THENCE North 01 degrees 46 minutes 48 seconds East along the existing eastern right of way line of said Underwood Road for a distance of 1,130 10 feet to a point in the most northerly north property lme of said Petrns, Tract III tract of land and the southern property hne of a tract of land conveyed to William Clinton Lynch and wife, Claudia P Lynch by deed as recorded in Volume 2981, Page 776, Real Property Records, Denton County, Texas, THENCE South 89 degrees 15 minutes 34 seconds East along the most northerly north property line of smd Petrus, Tract III and the southern property line of said Lynch tract of land for a distance of 1,817 29 feet to the northeast corner of said Petrus, Tract III tract of land and the southeast corner of said Lynch tract of land, said point being in the west line of the said S Pntchett Survey, Abstract Number 1004, 10 THENCE South 00 degrees 08 minutes 38 seconds West along the most easterly east property line of said Petms, Tract III tract of land, also being the west hne of the S Pntchett Survey, Abstract Number 1004 for a distance of 427 73 feet to an angle point lying in the meandenngs of Hickory Creek, THENCE South 38 degrees 01 minutes 02 seconds East contlnmng along the most easterly east property line of sa~d Petrus, Tract III tract of land and the meandenngs of smd Hickory Creek for a distance of 256 75 feet to an angle point, THENCE South 43 degrees 16 minutes 26 seconds East contmulng along the most easterly east property line of smd Petrus, Tract III tract of land and the meandenngs of Hickory Creek for a d~stance of 563 31 feet to an angle point, THENCE South 05 degrees 47 minutes 51 seconds West leaving the meandenngs of H~ckory Creek and continuing along the most easterly east property line of smd Petms, Tract III tract of land for a d~stance of 256 79 feet to a point m the present Denton city hmlts as estabhshed by Ordinance No 69-40, Tract II, said point being parallel and 500 feet perpenchcular to the centerhne of Interstate 35-W, THENCE South 26 degrees 51 minutes 40 seconds West along the present Denton city hmlts as established by Ordmance No 69-40, Tract and being parallel and 500 feet perpendicular to the centerlme of Interstate 35-W for a distance of 81 09 feet to a point in the present Denton mty limits as established by Ordinance No 91-033, Tract IV, same point bemg ~n the most northerly south property line of smd Petrus, Tract II tract of land, THENCE North 89 degrees 53 minutes 41 seconds West along the present Denton city hm~ts as established by Ordmance No 91-033, Tract IV and the most northerly south property hne of s~ud Petrus, Tract III tract of land for a chstance of 1,245 11 feet to a point ~n the most westerly east property lme of said Petms, Tract III tract of land, THENCE South 00 degrees 04 m~nutes 56 seconds West cont~nmng along the present Denton city hmlts as established by Ordinance No 91-033, Tract IV and the most westerly east property hne of smd Petrus, Tract III tract of land for a dastance of 997 02 feet to the POiNT OF BEGINNING and contmmng an area of 2,194 acres of land 11 EXHIBIT "b" CITY OF DENTON ANNEXATION SERVICE PLAN FOR A01-0005 (Hunter Ranch) I AREA ANNEXED The annexation area is located in the southwestern port~on of Denton's Extraterritorial Jurisdiction and cont~nns approximately 2,194 acres generally located west of Interstate 35, south of FM 2449 and north of Robson Ranch Road and partially east of Robson Ranch Development and John Prone Road INTRODUCTION This service plan has been prepared in accordance w~th the Texas Local Government Code, Sections 43 021, 43 065, and 43 065(b)-(o) (Vernon 1999, as amended) Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan The City shall prowde the annexed tract the levels of servme, infrastructure, and Infrastructure mmntenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available ~n other parts of the mty with similar topography, land use, and population density III AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protectmn, Code Enforcement, and Animal Control Pohce service, including patrolhng, response to calls, code enforcement and other routine functions, will be provided to the property upon the effective date of the annexatmn using existing personnel and equipment The C~ty shall prowde a level of servmes, ~nfrastrucmre and infrastructure mmntenance that IS comparable to the level of services, infrastructure and ~nfrastmcture mmntenance available in other parts of the city w~th topography, land use and population density similar to those reasonably contemplated or projected m the area B Fire Protection and Fire Preventmn F~re protection and prevention services will be provided on the effective date of the annexation using existing Denton Fire Department personnel, equipment, and mutual ~ud agreements w~th Argyle Volunteer F~re Department and Ponder Volunteer Fire Department The City shall prowde a level of services, infrastructure and Infrastructure maintenance that IS comparable to the level of services, ~nfrastmcture and infrastructure mmntenance available m other parts of the mty with topography, land use and population density similar to those reasanably contemplated or projected in the area Fire station #7, located at FM 2449 and 1-35 West ~s approved in the 2003 Capital Improvement Program The C~ty of Denton will provide emergency medmal services ("EMS") 12 C. Road and Streets Roads and streets, wtuch have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County, shall be mmntmned by the C~ty of Denton on the effective date of the annexation Installation and matntenance of street s~gns, street hghtmg and traffic control devines will be mmntamed by the City of Denton on the effective date of the annexation D Parks and Recreation Facihtles Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexatmn according to the 2000 Parks and Recreatmn Master Plan No parks are currently located w~thln the proposed annexatmn area Denton neighborhood park facilities are located w~thm 4 33 males of the proposed annexation area Residents of the proposed annexatmn area will be able to use ex~stmg City of Denton park and recreation famllt~es and programs E Library Services L~brary servmes wall be made avadable on the effective date of the annexation on the same bas~s and at the same level as s~m~lar hbrary facilities are maintained throughout the c~ty F Braiding Inspeetmns and Consumer Health Services Building inspections and consumer health services will be made avmlable on the effective date of the annexation on the same basis and at the same level as similar faclht~es are mmntmned throughout the C~ty Both services are prowded on a "cost recovery" basis, and permit fees offset the costs of services dehvered Incomplete construction must obtain bmkhng permits from the Building Inspections Department of the City of Denton G Planning and Development Services Planning and development Servmes will be made avmlable on the effective date of the annexatton The Planning and Development Department currently servmes this property by way of admmlstratmn of Chapter 34 of the Code of Ordinances, concerning subd~ws~on and land development regulations C~ty Councd adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999 The Future Land Use Plan addresses both land ~n the c~ty and ~ts ETJ, and the subject tracts contmn Neighborhood Centers, Employment Centers, Community Mixed Use Centers and 100 year Floodplmn/ Environmentally Sensitive Areas The Denton Plan designates future land uses to manage the quality and quantity of growth by orgamz~ng the land use patterns, by matching land use intensity w~th avmlable ~nfrastmcture, and by preserving floodplmns as environmental and open space comdors The Denton Plan will be used as a bas~s for final zoning classfficat~ons after the properties are annexed 13 IV UTILITY 01ATEPAYER) SERVICES A Solid Waste Collection The City of Denton as the exclusive residential and commercial solid waste service prowder in the City The Department ~s an entirely fee based operation and received no resources from taxes Sohd waste collection service will be provided to the property upon the effective date of the annexation using ex~stmg personnel and eqmpment Residents have the option to choose between a pnvate company or service with the City of Denton The C~ty of Denton Sohd Waste Department wall honor existing contracts w~th pnvate solid waste service prowders after the effective date of this annexation in accordance w~th Texas Local Government Code, Section 43 056(o) (Vernon Supp 2000) To receive sohd waste collection service, the customer must contact the City of Denton Customer Service Office and submit a request/apphcat~on for service Currently the site eontmns no residences or businesses B WaterP0Vastewater Facilities The City of Denton has no ex~stmg utility hnes located within the proposed annexation area The C~ty shall prowde a level of serwces, infrastructure and ~nfrastmcture maintenance that ~s comparable to the level of services, infrastructure and ~nfrastructure mmntenance avmlable an other parts of the city with topography, land use and population density s~mflar to those reasonably contemplated or projected ~n the area The desired water and wastewater service options and the phasing of the improvements wall be determined as a part of the land development and platting process The financial responsibilities for funding water and wastewater system improvements to serve the development will be negotmted with the developer and approved by the Denton Pubhc Utilities Board, Planmng and Zomng Commission and City Council C Drainage Services Drainage moantenance will be prowded to the property upon the effective date of the annexation The C~ty shall provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure mmntenanee available in other parts of the c~ty with topography, land use, and population density similar to those reasonably contemplated or projected ~n the area D. Electrical Serwces Denton Mumcapal Electric is certified by the State and ~s obhgated to prowde electric utility servxce to the annexation area should a request be made by a property owner Electric utility service wall be made available on the effective date of the annexatmn on the same basis and at the same level as similar facilities are malntaxned throughout the c~ty Denton Mnn~c~pal Electric is an electric service provider m this area except for the area s~ngly certxfied w~th CoSERV, which as located at the northwest comer of thc property 14 OTHER SERVICES Other servmes that may be provided by the Caty, such as mumclpal and general admlnlstratmn will be made available on the effectave date of the annexatmn The Caty shall provide a level of services, infrastructure, and infrastructure mmntenance that ~s comparable to the level of services, infrastructure, and infrastructure mmntenance available an other parts of the Caty wath topography, land use, and populatmn density samilar to those reasonably contemplated or projected an the area VI CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additaonal water, sewer, street, and drmnage facdlt~es is contemplated within the annexed area as a result of thas annexataon because the annexed area on the date of annexation will have a level of full mumcipal services equal to other areas w~thln the Caty having mmilar characteristics of topography, land use, and populatmn densaty Thus, no constructaon of public ~mprovements as contemplated as a result of thas annexatmn that would beg~n w~thin two and a half (2 V2) years after the effectave date of the annexation The City shall consider construction of other public improvements as the needs dmtate on the same bas~s as such public improvements are considered throughout the City for areas havang similar characteristics of topography, land use, and populataon density VII UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full munlcapal servmes to each area of the C~ty, including the annexed area, ~f d~fferent characteristics of topography, land use, and population density are consadered a sufficient basis for provading different levels of service VIII TERM This service plan shall be valid for a term often (10) years Renewal of the servme plan shall be at the dascretaon of C~ty Council IX AMENDMENTS The service plan may be amended ~f the City Counml determanes at a public heanng that changed conditions or subsequent occurrences make this servme plan unworkable or obsolete The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, SecUon 43 056 (Vernon Supp 2000) 15 Attachment 4 ORDINANCE NO. 2001- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF LAND, COMPRISING APPROXIMATELY 2,194 ACRES IN THE CITY OF DENTON TO THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION; THE TRACT BEING GENERALLY LOCATED SOUTH OF FM 2449, WEST OF 1-35 WEST, NORTH OF ROBSON RANCH ROAD AND ]PARTIALLY EAST OF THE ROBSON RANCH DEVELOPMENT AND JOHN PAINE ROAD, IN THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION; PROVIDINGA ]PENALTY CLAUSE AND AN EFFECTIVE DATE (Z01-0008). WHEREAS, Petrus Investments, L.P has apphed for the original zomng for an appmxtmate 2,194 acres of land being annexed into the C~ty of Denton, to Agricultural (A) zomng chstnct class~ficaUon m~l use, and WHEREAS, on September 12, 2001, the Planmn§ and Zomng Comnnsslon recommended approval of the requested zomng, and WHEREAS, the C~by Council finds that the zomng ~s consistent wath the Comprehensive Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zomng chstnct clasmficat~on and use designation of the approxmaate 2,194 acre property ~s described m the legal description attached hereto and incorporated hereto as Exhtblt "A" is hereby zoned to the Agricultural (A) zomng district classification and use demgnatmn under the comprehensive zomng ordinance of the C~ty of Denton, Texas SECTION 2 The Oty's offimal zoning map is amended to show the change m zomng chsmct claasaficatton SI~CTION 3 Any person vtolatm§ any provtston of th~s ordinance shall, upon cunwctmn, be fined a sum not exceeding $2,000 00 Each day that a prowsmn of tlus ordinance ~s wolated shall constitute a separate and dmtmct offense SECTION 4 Thts ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the C~ty Secretary is hereby darected to cause the captmn of th~s ordinance to be pubhshed twice tn the Denton Record-Chromcle, a dmly newspaper pubhshed tn the C~ty of Denton, Texas, within ten (10) days of the date of~ts passage 16 PASSED AND APPROVED this the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPRO'v~ED AS TO LEGAL FORM. HERBERT L. PROUTY, CITY ATTORNEY BY 17 EXHIBIT "A" The property ~s generally located in the southwestern section of the City of Denton The property ~s bounded on the north by F M 2499 and on the south by Ed Robson Boulevard (formerly known as Crawford Road) and on the east by an approximate 320 foot w~de strip of land in the C~ty Llmxts on the west s~de haterstate 35W and on the west partxally by John Paine Road and the Robson Ranch Development More particularly all that certmn lot, tract or parcel of land lying and being s~tuated m the County of Denton, State of Texas, and being part of the E Plzano Survey, Abstract Number 994, the G Pettingale Survey, Abstract Number 1041, the J Taft Survey, Abstract Number 1269, the B B B & C R R Survey, Abstract Number 158, the S Pntchett Survey, Abstract Number 1021, the G West Survey, Abstract Number 1393, the J Dalton Survey, Abstract Number 353, and the S Pntchett Survey, Abstract Number 1004, and the I Byerly Survey, Abstract Number 1458, and the J Dalton Survey, Abstract Number 353 and also being a part of a tract of land conveyed to Petms Investment, L P by deed as recorded by County Clerk's File Number 99-0117450, Tracts I & III, Real Property Records, Denton County, Texas, and being more particularly described as follows BEGINNING at a point m the existing northern right of way hne of Farm-to-Market 2449 (herein after referred to as "F M 2449") and the present Denton city hmIts as established by the west line of Ordinance No 91-033, Tract IV, and also being ~n the south line of said Petms, Tract I tract of land, THENCE South 00 degrees 05 minutes 11 seconds West crossing said F M 2449 for a d~stance of 113 39 feet to a point m the existing southern right of way line of said F M 2449 and the present Denton city ,limits as estabhshed by the west line of Ordinance No 91-033, Tract V, and also being in the most northerly north line of smd Petrus, Tract I tract of land, THENCE South 00 degrees 05 minutes 31 seconds West along the present Denton city limits as estabhshed by Ordinance No 91-033, Tract V and the most easterly east line of said Petms, Tract I tract of land~ for a distance of 1,357 72 feet to a point m the present Denton c~ty hmlts as estabhshed by the west line of Ordinance No 91-033, Tract V, and the present Denton c~ty hmlts as established by Ordmance No 69-40, Tract II, same point being 500 feet perpendicular to the centerhne of Interstate 35-W, THENCE South 26 degrees 51 mmutas 40 seconds West along the present Denton city limits as established by Ordinance No 69-40, Tract II, and being parallel to and 500 feet perpendicular to the centerhne of Interstate 35-W for a d~stanee of 8,922 60 feet to an angle point, THENCE South 29 degrees 55 minutes 51 seconds West continuing along the present Denton city limits as estabhshed by Ordmance No 69-40, Tract II, and being parallel to and 500 feet perpendicular to the centerlme of Interstate 35-W for a d~stance of 5,234 02 feet to a point in the common property line of sa~d ,Petrus, Tract I tract of land a tract of land conveyed to Geha Estes Coleman by deed as recorded by County Clerk's File Number 00-0000573, Real Property Records, Denton County, Texas, THENCE North 00 degrees 09 minutes 01 seconds East along the common property line of smd Petrus, Tract I tract of land and smd Coleman tract of land for a d~stance of 994 54 feet to the northeast comer of said Coleman tract of land, 18 THENCE North 89 degrees 46 m~nutes 33 seconds West continuing along the common property hne of said Petms, Tract I tract of land and smd Coleman tract of land for a distance of 723 01 feet to the northwest comer of said Coleman tract of land, THENCE South 00 degrees 14 minutes 41 seconds West contanmng along the common property hne of said Petms, Tract I tract of land and stud Coleman tract of land for a distance of 1,428 17 feet to a point ~n the present Denton city hm~ts as established by Ordinance No 99-221, said point beang 1000 00 feet parallel of and perpendicular to the existing north rtght of way lane of Crawford Road, a publac road, THENCE North 89 degrees 32 minutes 57 seconds West along the present Denton city hm~ts as estabhshed by Ordinance No 99-221, said c~ty lam~t line beang 1000 00 feet parallel of and perpendicular to the existing north right of way hne of said Crawford Road for a d~stanee of 5,230 71 feet to the west hne of the said E Pazano Survey, Abstract Number 994 and the east lane of the M Scurlock Survey, Abstract Number 1141, and being the present Denton city hmats as established by Ordinance No 99-220 and also being in a west property hne of said Petms, Tract I tract of land, THENCE North 00 degrees 04 minutes 29 seconds West along the west hne of the said E Pazano Survey, Abstract Number 994 and the east line of the M Scuflock Survey, Abstract Number 1141, and bemg the present Denton caty hmlts as established by Ordmance No 99-220 and also being a west property line of said Petms, Tract I tract of land for a d~stance of 2,319 92 feet to an angle point, THENCE North 00 degrees 04 minutes 29 seconds East conunu~ng along the west hne of the said E P~zano Survey, Abstract Number 994 and the east hne of the M Scurlock Survey, Abstract Number 1141, and being the present Denton e~ty limits as estabhshed by Ordinance No 99-220 and a west property hne of said Petms, Tract I tract of land for a dastanee of 3,074 86 feet to an angle point an the north lane of the said M Scurlock Survey, Abstract Number 1141 and the most southerly south lane of the G Pettmgale Survey, Abstract Number 1041, THENCE North 89 degrees 35 minutes 40 seconds West contanuang along the present Denton c~ty limits as established by Ordinance No 99-220 and the property lane of saad Petrus, Tract I tract of land, and also being the north line of the stud M Scurlock Survey, Abstract Number 1141 and the most southerly south line of the G Pettmgale Survey, Abstract Number 1041 for a d~stance of 1,215 55 feet to an angle point in the west line of the stud G Pettmgale Survey, Abstract Number 1041 and the east hne of the J H Ptune Survey, Abstract Number 1617, THENCE North 00 degrees 40 m~nutes 51 seconds East cont~nuang along the present Denton city lamats as established by Ordinance No 99-220 and a west property lane of saad Petrus, Tract I tract of land, and also being the west line of the G Pett~ngale Survey, Abstract Number 1041, and the east line of the J H Paine Survey, Abstract Number 1041 for a dastance of 3,802 57 feet to the most southerly north property line of said Petrus, Tract I, tract of land, THENCE South 89 degrees 39 minutes 42 seconds East along the most southerly north property lane of said Petms, Tract I tract of land for a distance of 5,806 06 feet to an angle point, THENCE North 01 degrees 51 minutes 13 seconds East contanuang along the most southerly north property hne of said Petrus, Tract I tract of land for a distance of 92 21 feet to an angle point, 19 THENCE South 89 degrees 56 minutes 51 seconds East continuing along the most southerly north property hne of smd Petms, Tract I tract of land for a d~stance of 5,438 70 feet to a point m the ex~stlng eastern right of way hne of John Prone Road, a pubhc road, THENCE North 00 degrees 24 minutes 24 seconds East along the ex~stmg eastern right of way hne of said John Paine Road for a d~stance of 6,152 13 feet to a point ~n the most easterly west property hne of smd Petms, Tract I tract of land, THENCE North 44 degrees 41 minutes 34 seconds East along the most easterly west property line of smd Petms, Tract I tract of land for a dastance of 185 77 feet to a point ~n the north property hne of smd Petms, Tract I tract of land and the emstmg southern right of way hne off M 2449, THENCE North 89 degrees 53 minutes 51 seconds East crossing the ex~st~ng right of way hne ofF M 2449 for a d~stance of 245 46 feet to a point m the ex~sttng northern right of way hne of F M 2449 and being the southwest property comer smd Petms, Tract III tract of land, THENCE North 00 degrees 17 m~nutes 18 seconds East along the most westerly west property hne of smd Petms, Tract III tract of land for a distance of 75 50 feet to a lying ~n the ex~st~ng southern right of way hne of Underwood Road, a pubhc road, THENCE South 89 degrees 42 minutes 00 seconds East along the existing southern right of way hne of smd Underwood Road for a d~stance of 1,017 67 feet to a pmnt ~n the ex~st~ng eastern right of way hne of smd Underwood Road, THENCE North 01 degrees 46 m~nutes 48 seconds East along the ex~st~ng eastern right of way hne of smd Underwood Road for a d~stance of 1,130 10 feet to a potnt ~n the most northerly north property hne of said Petms, Tract III tract of land and the southern property line of a tract of land conveyed to Wdham Chnton Lynch and wife, Claudm P Lynch by deed as recorded ~n Volume 2981, Page 776, Real Property Records, Denton County, Texas, THENCE South 89 degrees 15 minutes 34 seconds East along the most northerly north property hne of said Petrus, Tract III and the southern property line of smd Lynch tract of land for a d~stance of 1,817 29 feet to the northeast comer of smd Petrus, Tract III tract of land and the southeast comer of smd Lynch tract of land, smd point being m the west hne of the said S Pntchett Survey, Abstract Number 1004, THENCE South 00 degrees 08 m~nutes 38 seconds West along the most easterly east property hne of smd Petms, Tract III tract of land, also being the west hne of the S Pntchett Survey, Abstract Number 1004 for a distance of 427 73 feet to an angle pmnt lytng ~n the meandenngs of Hmkory Creek, THENCE South 38 degrees 01 minutes 02 seconds East continuing along the most easterly east property hne of smd Petrus, Tract III tract of land and the meandenngs of smd Hmko;y Creek for a distance of 256 75 feet to an angle point, THENCE South 43 degrees 16 m~nutes 26 seconds East contmmng along the most easterly east property hne of smd Petms, Tract III tract of land and the meandenngs of Hmkory Creek for a d~stance of 563 31 feet to an angle point, 20 THENCE South 05 degrees 47 m~nutes 51 seconds West leaving the meandenngs of Hmkory Creek and continuing along the most easterly east property line of said Petms, Tract III tract of land for a d~stance of 256 79 feet to a point in the present Denton city hm~ts as estabhshed by Ordinance No 69- 40, Tract II, smd pomt being parallel and 500 feet perpenchcular to the centefllne of Interstate 35-W, THENCE South 26 degrees 51 mtnutes 40 seconds West along the present Denton city llmtts as established by Ordinance No 69-40, Tract and being parallel and 500 feet perpendmular to the centerhne of Interstate 35-W for a thstance of 81 09 feet to a pmnt tn the present Denton ctty limits as estabhshed by Orthnance No 91-033, Tract IV, same point being tn the most northerly south property hne of smd Petms, Tract II tract of land, THENCE North 89 degrees 53 mtnutes 41 seconds West along the present Denton c~ty limits as estabhshed by Ordinance No 91-033, Tract IV and the most northerly south property hne of smd Petrus, Tract III tract of land for a distance of 1,245 11 feet to a point in the most westerly east property lme of smd Petms, Tract III tract of land, THENCE South 00 degrees 04 minutes 56 seconds West contmmng along the present Denton city hmtts as estabhshed by Ordinance No 91-033, Tract IV and the most westerly east property hne of said Petrus, Tract III tract of land for a distance of 997 02 feet to the POiNT OF BEGINNING and contatmng an area of 2,194 acres of land 21 Attachment 5 Planning and Zoning Commission Minutes September 12, 2001 8 Hold a pubhc heanng regarding the proposed voluntary annexation, servme plan and proposed zomng for approximately 2,226 acres of land generally located south of FM 2449, west ofi-35 West, north of Robson Ranch Road and partmlly east of the Robson Ranch Development and John Prone Road in the extraterritorial jurisdiction (ET J) of the C~ty of Denton Gas wells are proposed (A01-0005, Hunter Ranch Annexation & Z01-008 Hunter Ranch Zomng) a Cons[der making a recommendation to City Council regarding the proposed annexation (A01-0005, Hunter Ranch Annexation) Motion by Joe Roy and seconded by Vlcka Holt to recommend approval to C~ty Couned *Discussion of ~tem ~s included in the Court Reporter's transcnpt attached to this set of minutes (Page 39) Motion carnes 7-0 b Consider making a recommendation to City Council regarding the proposed zomng to an Agriculture (A) zomng d~stnct (Z01-0008, Hunter Ranch Zoning, Dedra Ragland) Motion by Joe Mulroy and seconded by Joe Roy to recommend approval to City Council *Discussion of ~tem m included in the Court Reporter's transcript attached to this set of minutes (Page 39) Motion carries 7-0 22 Pa~e 3'~ Pngo Bi) ] [llwetll~ot t~ fotlndat~p4~ 'l~y$ot th~ I ~ M~y~vin8~c~ ~ff 8 ~ ~B~ ~ I ~d it ~ ~ ~ 8 ~ ~eLt ~ond 10 ~p~ Of ~tSt~ butl~ on ~ sl~ ~t ~ ~ f~ 10 Holt ~d s~n~ by ~ssio~ App~ 12 ~i b~l~ 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P~ ~ fo~d 8 btt tff~t ~ Wc ~ ~ do a 3~y nott~ ~ 8 and s~ yo~ n~ ~d ~s 9 ~pr~ Soit*sah~ebnmo~ 9 ~L~ Hello l'm~intL~ch Iltx~ 10 ~t~ph~i~p~s B~tt's 10 ~2585Un~w~ch~t~ Andl 12 ~ ~ C~ PO~I 12 won~ng why ~'~ ~xt~ my p~ l*m not t3 ~L ~t~n~ hitJ~ 13 oppo~to~a~of~so~p~butit 14 ~ ~ ~ 2 ~ ~ ~ 14 1~ l~c you've got a ~1 shv~ of my ~o~y on 15 ~ ~0~ ~apph~tis~d 15 ~ l'mw~w~t~ 16 ~t, 16 MR RISH~ l~nkMr Rmc~mt~t ~ 17 ~WELL No, l~t~n!!~, 17 :ab~locl~fy~foryou 19 ~ ~ ~l'm~ l'm~ynot 19 ~a--v~y,k~tl~l~'~ 20 ~ ~0 ~ yo~ p~ ~ pm~ ~puon wh~ ~ 21 M~ l~l~tt'sv~ 21 ~tm~o~d~tmctu~yo~p~ ~apph~t 22 ~ ~LL ~ ~u 22 ~ not have ~ ~tliw ~ mcl~e yo~ pm~ ~ ~ 23 M~ ~ ~y o~ q~t~ 23 ~1~ ~ ~of~at~ ~ap~hc ~ ~L Woutd you point out yo~p~ PLA~G A~ ZO~HG CO~ION SE~R 12, 2001 P~o 41 - P~c 4~' 24 25 ~ ~ondenselt r~ Page 49 Page I to havre n ptee~ of property, we're ~oin8 to ~{k about I ~. tva.~,vu- ,tsain, O,,,,,,-.stoncrs, stuff is 6 ~f~pm~d~~ SO~ 6 ~ ~a~n~ ~o~ ~'d 11 ~ ~'s~t ~ 0~ ~ ~ I1 15 ~ ~ ~d ~t~ ~, ~t ts not ~ o~i~ o~ 15 ~ ~ ~d~ by ~ ~lt ~y ~ 16 ~ ~ ~ ~ ~ ~ 16 ~s~ c~ficet~ or c~~ ~ission~ ~y 24 ~ l~p~ ~t~po~n~ 24 ~nc~t~s~t~ ~ l~ P~ 50 2 m~ ab~t ~ pm~tf~ ~ ~ 2 ~sc~s~° ~ ~nc p~ vo~ Mofl~ ~ f~ 5 ~d ~c~ ~on~t ~ ~1~7 5 ~t ~d c~ ~ 6 ~ I~~ 6 mo~n~ ~t~at~ 7 Sny~ ~n ~ ~ ~l'm ~, but I ~ ~mt 7 ~. 9 ~ ~ of ~ ~ b~ not {ncl~ ~ ~ ~d 9 ~ ~t's ~ ~ ~ ~sio~ 10 ~~~up~ 10 M~y ~d ~ ~ ~ ~y ~y~ Il o~ f0~ ~o~ ~ ~ ~ ~'t ba~ ~ 11 ~s~sio~ c-~, ~ ~~ ~n~ p~ v~ 12 ~~ B~eq~.~ 12 M~74 ~yo~,~s~ 14 ~ 14 and ~ Is ~ a pubic ~ ~d c~t~ ~.k~ a 15 , ~ ~t's ~ l~ ~n ~ Ct~ ~ f~ ~ &~ of 16 ~ ~.~ ~ ~ ~ ~ q~ 16 appm~~ 24 4 ~ ~a~ at ~ u~t ~ 11 ~ n0 0~t wo~d ~ ~s~ I 21 ~ fl~ Cl~cf~ T~isa PaSO i~ ZO~O CO~SSION S~ i'2, 2ooi' P~o 49 - P~ 26 AGENDA INFORMATION SHEET ~i~,~a item ~_-~__ AGENDA DATE: November 27, 2001 DEPARTMENT: Planmng Department [ CM/DCM/ACM Dave Hill, 349-8314 SUBJECT - ZP01-0006 (Knollwood l/tllas) Hold a public hearing to consider amending Ordinance 2001-191, which defines the zoning district classification of the proposed Knollwood Villas multlfamdy housing development and places conditions on its construction The approximately 22-acre property is located on the south side of McKmney Street, approximately 1000 feet west of Loop 288 It is in a Multlfamdy conditioned (MF-I[c]) zomng district The purpose of the proposed amendment is to alter required transportation Improvements The Planning and Zoning Commission recommends approval (6-0) BACKGROUND Ordinance 2001-191, which was passed by City Council on May 1, 2001, approved a change in zoning from Agriculture (A) to Multi-family Conditioned (MF[c]) for the subject property Contained within the ordinance was Condition 6, which required a collector road to be constructed from the southern portion of the subject property to Loop 288 before a certificate of occupancy could be released for the proposed development (Attachment 1 - Enclosure 3) The applicant has requested that this condition be modified to require that only one-half of the collector be built (Attachment 1 - Enclosure 4) This would effectively reduce the width of the proposed'collector the applicant is responsible for from four lanes to two lanes Furthermore, the apphcant has requested the ordinance be amended so that the completion of the collector to Loop 288 not be tied to the granting of a certificate of occupancy for the development The applicant contends this is necessary to allow more time to negotiate with adjacent property owners for required right-of-way for the collector The applicant has also requested that the required right-of-way dedication for the southern and western collectors shown on the Zoning Plan approved by Ordinance 2001-191 be reduced from 36 5 feet to 30 feet The current subdlws~on regulations require that collectors have a right of way width of 60 feet, the applicant would be responsible for providing half of that wndth, or 30 feet At the time of the zoning, however, the developer anticipated that the proposed collectors would have a right of way width of 73 feet, as proposed by the draft code The applicant agreed to provide his half of that width, which is 36 5 feet The applicant would now like to revert those right of way declination requirements to reflect the current subdivision ordinance } Eleven (11) property owners were notified of the zoning request There has been one (1) response neutral to the request OPTIONS 1 Approve as submitted 2 Approve w~th conditions 3 Deny 4 Postpone consideration 1 5 Table item RECOMMENDATION The Planning and Zoning Commission voted 6-0 to recommend that Condition 6 of Ordinance 2001-191 be revised to the following Two lanes of a collector road from the subject property to Loop 288 will be provided The width of right-of-way dedicated from the subject property for this collector and the north-south collector along the western side of the subject property shall be 30 feet Because the standard time (approximately three weeks) between the Planning and Zoning Commission public hearing and the City Council public hearing was reduced to expedite th~s application, minutes of the Planning and Zoning Commission public hearing are not available at this time ESTIMATED PROJECT SCHEDULE The final plat for this development was approved by the Planning and Zoning Commlssmn on November 14, 2001 with conditions PRIOR ACTION/REVIEW The following is a chronology of ZP-01-0006, commonly known as Knollwood Villas Apphcatlon Date - October 1,2001 DRC Date(s) - October 18, 2001 P&Z Date- November 14, 2001 FISCAL INFORMATION Development of this property vall increase the assessed value of the city, county, and school district ATTACHMENTS 1 Planmng and Zomng Commission Report, November 14, 2001, ZP-01-0006 2 DraftlOrdmance Prepared by Thomas B Gray Planner II Respectfully submitted Director of Planning and Development 2 Attachment 1 Agenda Number- 01 0030 I Agenda Item # 15 Date -11 14 01 ZP01-0006 (KNOLLWOOD VILLAS) PLANNING & ZONING STAFF REPORT PURPQSE: Hold a public hearing and consider making a recommendation to City Council regarding amendments to Ordinance 2001-191, which defines the zoning district classification of the proposed Knollwood Villas multlfam~ly housing development and places condlt~ons on its construction The approximately 22-acre property is located on the south side of McKmney Street, approximately 1000 feet west of Loop 288 It is m a Multlfamlly conditioned (MF-1 lc]) zoning district The purpose of the proposed amendment is to alter required transportation improvements LOCATION MAP APPLICANT INFORMATION: Applicant Jack Potashnlk Southwest housing Development 5910 N Central Expwy, State 1145 Dallas, Texas 75206 SUMMARY OF REQUEST: The applicant is requesting a pair of amendments (see Enclosure 4) to Ordinance 2001-191, which was passed by Caty Cotmcfl on May 1, 2001 and which approved a change in zoning from Agriculture (A) to Multa-famdy Condmoned (MF[c]) for the subject property Both of the proposed amendments would deal with proposed transportation improvements for the development Contained wathm the ordinance was Condition 6, which reqmred a collector road to be constructed from the subject property to Loop 288 before a certificate of occupancy could be released for the proposed development (see Enclosure 3) The applicant has requested that this condmon be modified to require that only one-half of the collector be bmlt, and that the funds for construction of the collector be placed in escrow with the city This would effectively reduce the width of the proposed collector the applicant as responsible for from four lanes to two lanes Furthermore, the applicant has requested that the ordinance be amended so that the completion of the collector to Loop 288 not be taed to the granting of a certificate of occupancy for the project The appheant contends that difficulties in securing the necessary right o£ way from adjacent property owners have caused delays to the start of construction of this collector The appheant has also requested that the required right-of-way dedication for the southern and western collectors shown on the Zoning Plan approved by Ordinance 2001-191 be reduced from 36 5 feet to 30 feet The current subdivision regulataons require that collectors have a right of way w~dth of 60 feet, the applicant would be responsible for provadlng half of that width, or 30 feet At the time of the zoning, however, the developer and staff antmapated that the proposed collectors would have a right of way w~dth of 73 feet, as proposed by the draft code The apphcant agreed to provide his half of that width, which is 36 5 feet The applicant would now like to revert those right of way dedication requirements to reflect the current subdivision ordinance PUBLIC NOTICE: Notice of the zoning request was published in the Denton Record-Chronicle on November 3, 2001 Eleven (11) property owners w~thln two hundred feet were marled legal notices and thirty- five (35) resadents w~than five hundred feet were sent courtesy notices informing them of the request (see Enclosure 2) As of this writing, there has been one (1) response neutral to the request No neighborhood meeting has been held ANALYSIS & RECOMMENDATION: The proposed collector does appear on the city's moblhty plan, however the applicant's traffic impact analysis (TIA) did not indicate that the proposed collector is a necessity, nor is its constructaon reqmred by the City's Subdivasion and Development Regulations As such, staff would accept a compromase by which the width of the collector the applicant is responsable for is reduced However, staff does believe that the applicant should be required to construct the collector to Loop 288 in a timely manner It should be noted that the applicant originally proposed to build the collector to Loop 288 at the time of the original zoning case Staff recommends approval of the applicant's request to reduce the width that they are responsable for of the collector, but does not recommend approval of the applicant's request to not be mqmred to construct the collector to Loop 288 Staff also does not recommend reducing 4 the right of way w~dth for the collector streets along the south and west boundaries of the property as currently shown on the zoning plan If the right of way ~s reduced, a proposed sldewalk/b~ke path will fall outside of the right o£way and wall need to be placed ~n an easement MOTION: I move to recommend the following amendment to Ordinance 2001-191 Con&tlon 6 shall be changed to read "Two lanes o£a collector road, from the subject property to Loop 288, shall be provided prior to the ~ssuance of any certfficates of occupancy" ALTERNATIVES: 6 Recommend approval as submitted 7 Recommend approval w~th con&tlons 8 Recommend denial 9 Postpone consideration 10 Table item ENCLOSURES: 1 Moblhty Plan Map 2 200' Property Owner Notfficat~on Map 3 Ordinance 2001-191 4 Letter from Apphcant Enclosure1 MOBILITY PLAN MAP 6 EncLosure 2 SITE NOTIFICATION MAP 200' Legal Nobces sent wa Cerbfled Ma~l 11 500' Courtesy Notices sent wa 1" Class Marl 35 Number of responses to 200' Legal Nobce · In Opposlbon 0 · In Favor 0 · Neutral 1 Percent of land w~th~n 200' ~n opposition 0 O0 % NOTICE OF PUBLIC HEARING ZP01-0006 The Planning and Zoning Commission of the C~ty of Denton wil hold a pubhc heanng on Wednesday, November 14, 2001, to consider recommending approval to Cr~' Couna'l the amendment of Ordinance 2001-191, which defines the zomng d~strlct classification of the prol3osed Knollwood Villas mL~'t]farndy housing development and places conditions on its construcflorL The approximately 22-acre pr~erty ~s located on the south side of McKmney Street, approximately 1{~00 feet west of Loop 288 (see map on backside) It la In a Mulflfamdy cond~boned (MF-I[c]) zomng d[sb'ict The purpose of the proposed amendment ~s to alter required transportation improvements The pubhc heanng will start at 6 O0 p m m the C~ty Councd C~ambers of City Hall located at 215 E McK~nney Street, Denton, Texas Because you own propert/ wfthm ~wo hundred (200) feet of the subject property, the Planning and Zoning Commission woul~- hke to hear how you feel about th/s zoning change request and inwtes you to attend the pubhc hearng Please, ~n order for your oFnmn to be taken into account, return this form w~th your comments pno~ to the date of the pubhc heann.c (Th/s in no way prohibits you from attending and participating m the public hearing ) You may fax ~ to the number located at the bottom, mad it to the address below, or d~p ~t off m-person Planning and Development Deparb.ent 22t N. Elm St Denton, Texas 76201 Attn. Thomas B. Gray, Planner II The zoning process Includes two public heanngs demgne~ to prowde opportun~es for c~tlzen involvement and comment Prior to the pubhc heanngs, landoAmers wTthm two hundred (200) feet of the subject property ara notified of the zoning request by way cf this no~ce The first public heanng held before the Planning and Zoning Commission The Co~rn[ssmn ~s informed of the ps-cent of responses in support and in opposition Second, the zoning pe:bon is forwarded to the City Co~ncd for final actmn provid~ng the Commission recommends approval Should the Commission recommend demal, the petitioner may then appeal the request to the C~ty Councd If owners of more than twenty (20) pement of the land area vathln two hundred (200) feet of the. site sul~m~t wntten oppositmn, ~en s~x out of seven votes of the C~ty Council are required to approw the zoning change These forms are used to calculate the percentage of'landowner opposition P!e~o ~-ir~cle one L/~=, ,~,Neutral ~o reque~{=,~,,~'~ Opposed to request In favor of request Commente' S~gnature Pnnted Name City, State Zip Telephone Number CITY OF DENTON, TEXAS CiTY HALLWEST · DENTON, TF_Y..t.S 76201 · 940 349 8350 · (F) 940 ~9 7707 ZPo~.oo06 8 Enclosure 3 PL~ FO~ ~PRO~LY 22 A~ ~CA~D ~ ~ AOm~ m DlSm for us s, LoC D,O scm ,000' ~ST OF LOOP 2~, PRO~O A SA~GS ~AUSE. PRO~O FOR A PBN~ ~ ~ ~ ~MO~ OF S2,~0.~ FOR ~OLA~ONS ~OF, ~ PRO~O FOR ~ ~~ DA~ (~-01~003) ~, on F~m~ l, 2~0, ~e C~ Council sdopted Ordln~ce No 2000-046 w~ch ~bHsh~ c~.m ~denfid mt~ re~laflons (~e '~es~denhal hto~ Re~latmns'), ~, ~o R~id~h~ ~tm Re~at]ons e~bhshed, mong other ~gs, a Zo~g Pl~ reagent m ~o ev~t of a r~t to r~one prope~, ~d ~, on 5~ch 7, 2001. S~ Co~oratmn, on behalf of Sou~west Housing Dovelopm~h a~h~ for a ch~go ~ ~g for 22 0 acres of l~d located on ~o sou~ mdc of Mo~m~ey S~ ~pro~atoly 1000' .~t of Loop 288, ~om ~ A~c~e (A) zo~ng · sffiot cl~ifi~flon ~d l~d uso d~flon to Multi-family cond~tmn~ ~[c]) zomng dm~ct cl~c~fion ~d lind use d~i~ahon ~ ~e ~nt~t to develop a multt-f~ly complex xd~ a co~m~ c~ter ~oh apph~hon mclud~ a ~lng PI~, a copy of whch ~s a~ached hereto ~ E~%~t'~" (~e Zo~g PI~, ~ ~, on ~nl 11, 2001. ~e Planning ~d ~mg Comss~on recomended approv~ of ~o r~u~ F~go ~ zonlng ~d ~o Zo~g PI~, ~d ~, ~o C~ Corned fi~ ~t &* Zomg PI~, w~ ~o con. Sons ~posed here~, me~ ~e r~mmts of &o RemdmO~ ~m Re~lations ~d ~s consment ~ ~e appmv~ 1 ~9-2~0 Dem~ Comproh~s e PI~, NOW, ~O~, ~ CO~C~ OF ~ ~ OF D~ON ~g~Y O~S' ~. ~e zomg d~ cl~catlon ~d l~d uso d~aaon of ~e ~pro~ately ~.0 acr~ prog~ d~cn~ ~ &o legal description a~ached hereto md mco~o~t~ h~ ~ E~it A (~o '~p~ is ~mged ~om A~culmro (A) ming d~sificafi9n ~d lind m~ d~l~afion to M~fi-~ly conditioned ~[c]) zomng dls~ct d~sificafi0n ~ l~d ~e d~i~ahon ~d~ ~o compreh~ive zomg ordinate of~o Cl~ of Dmto~ T~x~ to ~ow a multi-family ~lex ~ a comm~ center in accordmce ~ &o Zo~ng Plm. ~o ~g PI~ ~d s~d c~go ~ zomg ~e hereby approved, subject to ~e follo~g 2. ~ note mg~mg roof pitch is m~d~ to ~feronco ~o s~o~dmg houses, ra~er ~ 3 The monument mgns shall be placed a minimum of 10' fi:om respechve property lines 4. The project sh~,ll be designed to meet the multi-family rote design requirements of the draft Development Code a copy of which is attached hereto ss Exhibit "C" and incorporated heroin by reference $ Uses on the Property are restricted to the uses shown on the Zoning Plan 6 A collector road, from the subject property to Loop 288, will be provided prior to the ~ssuance of any certificate of occupancy ~ Tho C~ty's official zomng map is amended to show the change m zoning district classification ~. If any provislons or the apphcat~onthercofto any per,on or c~rcumstance~s held irivahd,by any court, such invalidity shall riot affect the vahdlty of other promsmns or applicalions, and to this end the provisions ofttus ordmanco are severable ~ Any person ~lolahng any provision of this ordmanco shall, upon conviction, be fined a sum not excecchng $2,000 00 Bach day that a pro,asmn of tins ordinance ~s ~aolated shall constitute a separate and distinct offense ~ This ordinance shall become effechve fourteen (14) days fi:om the date of ~ts passage, lind the City Secretary ~s hereby d~rected to cause the caphen of this orchnanco to be published twice m the D~nton Record Chromcle, official newspaper of the C~ty of Denton, Texas, within ten (10) days of the date or,ts passageL PASSBD AND APPROVBD tins the / ~-~ dayof .j~ ~/~ ,2001 ED'LINE BROCK, lVlAYOR ATTF~T YENNIFBP, W tALTBP,8, CH~ SBCRBTAP-Y BY: lO. PAGB2 EXHIBIT A Legal Description WI-~REAS, LANDY L MULKEY, Is the owner of all that certmn tract of land sfluatcd in the M. Yoachum Survey Abstract Number 1442, Cfly of Denton, Denton County, Texas and bring a pm-t of the called 64.584 acre Tract I described in the deed from 1//lma Lee Mulkey to Landy L. Mulkey recorded in under Clerk's l~fle Number 97-R0029089 of the Real Property Records of Denton County, Texas, the subject tract being more pa~icularly descn'bed as follows BBGIlqHING for theNortheast comer of the tract being described hereto at a 1/2 tach iron rod found at the Northwest comer of Lot 1, Block A, Putt Putt Golf and Games Addttton as shown by the plat thereof recorded in Cabinet H, Page 147 of the Plat Records of Denton County, Texas on the North hne of the sa~d g4 584 acre Tract I and the South n~ht-of-way of East McKinney Street, THENCE South 03 Degrees 26 M~nutes 05 Seconds West w~th the West line of thc Putt Putt Golf and Games Addlhon a d~stancc of443 00 feet to a 1/2 inch ~ron md found at the Southwest comer thereof, TI-I~NCE South 86 Degrees 38 M~nutes 23 Seconds l~ast wth the South linc of the Putt Putt (3olf and Games Addition a d~stance of 200 00 feet to a 1/2 ~nch iron md found at the Southeast comer thereof on the ]~ast line of the 64 584 acre Tract I and the West line of Lot 1, Block I, The Genetic Center as shown by the plat thereof recorded m Cabinet H, Page 92 of the said Plat Records, TH~ENCE South 03 Degrees 30.1vhnutes 24 Seconds West with the East hne of the 64 584 acre Tract I passing at 2 6 feet a 1/2 inch iron rod found at the Southwest comer of Lot 1, Block 1,,The Genetics Center and the Northwest comer of Lot 4, Block One, Loop 288 Centre as shown by the plat thereof recorded m Cabinet I, Page 233 of the said Plat Records and pasaing at a distance of 257 35 feet a 3/8 tach ~ron rod found at the Southwest comer thereof and the Northerly Northwest comer of the called 16 1690 acre Tract Two descn'bed in the deed from Denms J. Koop to K-7 Enterprises L P recorded m Volume.4095, Page 1198 of the sa~d Real Property Records and continuing along the same coUrse, in all, atotal distance of 886 29 feet to a 1/2 inch ~ron rod found at a fence comer post at the Southeast comer of the 64 584 acre Tract I, THENC~ North 88 Degrees 24 Minutes 00 Seconds West with the South line of the 64 $84 acre Tract I passing at a dlstunce of 65 3 feet a 3/8 tach ~ron rod found at the Northerly Northwest comer of the smd 16 1690 acre Tract Two and passing at a d~stance of 974 79 feet a nmi at a fence comer post at a reenWant comer of the 64 548 acre Tract I and continuing, in all, a total distance of 1,091 49 feet to a 1/2 inch ~ron rod set for the Southwest comer ofthe hereto described tract, 11. TI:rRT,ICB Northeasterly across the 64.584 acre Tract I the following $ calls, 1. lqorth 01 Degrees 03 Minutes 00 Seconds Bast a d~stanc¢ of 598 21 feet to a 1/2 tach hon rod set, 2. Tqorth 46 Degrees 34 Minutes 14 Seconds El~st a d~stance of 213 24 feet to a 1/2 tach iron rod set; 3. South 87 Degrees 54 Minutes 32 Seconds Bast a distance of 425 02 feet to a 1/2 mch iron rod set, 4. lqorth 49 Degrees 52 Minutes 45 Seconds Bast a d~stance of 223 92 feet to a 1/2 tach uon rod set, 5. North 07 Degrees 40 M~nutes 02 Seconds Bast a distance of 455 76 feet to a 1/2 tach iron rod set on the North hne of the 64.584 acre Tract I and the South nght-of-way of Bast McK. inney Street; THENCE South 82 Degrees 20 Minutes 27 Seconds East vath the North line of the 64.584 acre Tract I snd the South right-of-way of East Mclimney Street a d~stance of 150 50 feet to the PLACE OF BEGINNING enclosm§ 22 007 acres of land 04/027~'1~ 1,.21:29, Admini$~'~)r, HP Laser Jet rc~vrroa } BXttlBTT B ; . 1 ~~ ,- i i .... ~ ._,i .... , ..... iii iili:iliili~l!l' ,. i!ll{,;i; i'l,:...{l}{lql{! .... i,,',i,i; l iN{i}{ :! llllll~ -' ' '.'" ~' ""{"'. t I., i ! It' lll-~i - l lq' ' ! ! !i {t , , l,.,,, l t~l . ,, , , ~i,' I! ~PR 0 ~ ZOO1 L ~illas EXI-IIBff C. Multiple Unlt Residential Buildings Developments standards for residential buildings designed for multiple units, either for rental or condominium ownership and their lots Orientation requirements for all multi un,t buildings, except In designated pedestrian zones a At least 50% of the front yard frontage shall have build- .Ings within 30 feet of the front property line b Buildings that are located within 30 feet of propert~ line adjacent to a front.yard shaft have at least 25% of the wall facing the street In window or door areas Parking areas shall not be located between bu~Id~ngs and the street; Parking lots may be located on the sides and behind the buildings 2. Block Size A pro~act ma.y not contain a contiguous block of development greater than ~ acres without the development of a pubhc or private street system projects larger than three acres shall develop a public or private street system that creates blocks of three acres or less 3. Prrvate Streets shall be required to Include sldevvalks of at least 5 feet, and Include street trees according to the standards ofth~ section, but pubhc street setbacks shall not apply 4.Streetscape. a One street tree for each 30 feet of frontage, chosen from the City of Denton Parking Lot and Street tree list, shall be placed on that portion oft. he pro~ect adjacent to the street and on all prN'ate streets Where appropriate, these str~ ~ay be placed in the public right of - 15 Sub~haoter 3512 Develooment Code Text - O way. b This street tree requirement is required for pr~a~e inter- nal streets as well as public streets c Front.yard landscaping shall contain a m0cure of ground cover, shrubs, and trees Bark chlpso granite chips, gravel and other similar ground cover ma~ no: be a major component of the mature landscaping 5 Landscaping a Landscaping shall be designed so that 80% groundcover landscaping coverage occurs w~th~ 5. years b Landscaping design shall Include a variety o1' dedducus and evergreen trees and shrubs and flowenng p~.ant species well adapted to the local climate c Existing healthy trees on the site of greater than 6 inch DBH shall be incorporated Into the required landscap- Ing of the s~te. except ~f they are located in the footpnr~: ora building, street, or parlang area d Landscaped areas of at least I 0 feet In width she3 bu?er .buildings adJaCent to public or pm/ate stree~ e Parking areas shall be shaded by large broedleaf canc- pled trees and shall be adequately screened and bu~ ered from adjacent uses Trees shall be selected from the City of Denton Parking Lot and Street Tree List. 6 OpenSpace. a An area equal to at least 8% ofthe lot area shall be dedicated to open space for recrearJon for use by the tenants ofthedevelopment` Mixed-use deveJopments of greater than 35 un~ per acre shall be exempt from thls requirement. b Areas covered by shrubs, bark mulch and other ground covers which do not pro. de a suitable surface for human use may not be counted toward this requfre- ment. c PrNate decks, pat~os, and sImilar areas are ellg."ole for up to $ percent of the 8 percent required open spac~ d Play areas for children are requlred for proJec-~ of greater than 20 units that are not designed as age I~mited or s~udent housing [6. Sub-Chapter 35 12 Development Code Text - r,*ge ~'[' 7 Special Standards for Large Scale Multi Family Dev~Jc~ome~ts Igreater than 30 units and/or more than 3 ~s]. ~me ~terior d~Ign may not be used f~ gr~t~ ~ 30 un~~ and/or more t~n 3 buildings In a pr~e~ A ~ ofccp- ~ble ~terlor materials' use and ~e. bu]~ng ~. ~s~g. composi~on, and prominent architectural fea~ s~h ~ ~r and ~ndow openings, porches, roofl~n~, s~] 8 Colors a Color~ are not I~m~ted. pro~ded ~ey ~'e ~t ~ da~lo. lumlnescent, lfldescent, neon. or sim~'~ shall be pro~ded w~th ~m ~nd~ s~ ~ ~tefior ~11 ~ea~en~ ~ndo~ s~l ~ p~ ~ded ~ an architectural suffound ~ ~ja~ b FronB and s~eet s~des of buildings ~le ~om public nght of~y shall be no~e~e ~d s~l ~ of bdcK stucco. HDO board, arch~te~; g~e ~o~ na~ral wood All o~er suffac~ shall be Seconda~ bulld~ng matenals may ~nd~e co, er. b~. and ~ought iron in their na~l ~ate a~ ~os~ meal painted, s~ned or anodized c Gla~ Use of glass for dlspla~ and to ell~.v act,s to Intenor space is permuted ~rge unbroken glass suites are d~scourag~ d Me~l R~ Me~l roofs are perm~ed pr~d~ ~et ~ey are painted or have a natural o~ 9 Additional S~ndards ~r Mulu Fam~ D~lopm~ ~In a Pedestrian Onented Dls~l~ Mul~Fam~de~lo~- men~ ~thln ~pped Pedesfflan ~eas s~ll. h comping to ~e basic Site Design S~ndards ~r buddings above shall confo~ to the follo~ng ~d~ _ a At least 75~ of~e ~ont yard ffon~ge ings ~thln ~e m~imum setbacE b Build~ngs ~at are located ~In 30 f~ ofpr~e~ adjacent to a front ~rd shall have at I~ ~ of ~e ground ~o~ ~11 facing the ~eet ~n v.~ or areas c Parking areas shall not be located be~.~69 b~s and ~e ~eeE d Bulld~ngs shall be d~re~ acceded ~ · e side~i~ e ~m' '~ ~r ped~an ent~nc~ m~ ~ o~nt~ -- ~7 Su~apter 35 12 D~elopment Code ~ ~ge 3~4 toward the streeL f Ground floor pedes~q er~nc~ s~al] be acc~ nied by a porch. g Garages may occupy no rnc~e ~han 40% of the iota~ bu~ld~ng frontage ThB me~Jremer~ does not app~ to garages facing an alleyor courtyard en~anc~ ~ny garage may not extend beyond me budding ~ront. Garages that are at leas: 30 fee~ behhd tine ho,~e I~ ~nt may exceed the 4096 frcntage min~rrurn. h Helght and Buk Bullring height shal vary from a~- cent bu~ld~ngs, using et~er °stepped p~--'apels cr s~ghUy dissimilar overall height :o rn~intain We Ixaditiore/ _. 'staggered' s~reetscape appearance. An excepban t~ thB s[andard would be bcald'~gs th~: h~-ve a dm'tnctSve ve~cal d,wsioq/fac, ade t-eatrnent th~: 'v~uall~' s~p~r~tes it from adjacent bu~ld'n~. euz3dlng frontages grea~-r t~n 100 ~-~ in length shlall have o~e~s,jogs, or other cr~nct~ve r.Y~'~g es In the budding fagad~ Horizontal Rhythms Bu;dir'~s~ shall p-o~,de a fouada- tion or base, typtcal~y fro~, ground to :ne bottom of the .lower v~ndows~ls, vv~h charges in ~ume or rn~terialo in order to give ~he budcTng a 'sense ~fsa'ength'.The top floor of anybu~ding Ksir~ over four ~ories ~'31 be contain a dis~nctrve finish, ccr~s~ng cfa comlce or otherarchltectural terrr~r~acn. k Architectural Fe~ ~ures ~_~3~-ags shaP 3-~ude changes In rebefsuch as columns, cornices, basas, f~nestra:or). and fluted rnas0nn/, for ~: leas~ 15% c~ ~ extencr wall area. Recessed or pr~ecUng ba'conies, verandes, or oder usable space above the ~o~.,ad level cn existing nad new bL~3dings is encouraged in a stre~ f-~'Jng eleraUor~ Sub-Chapter Enclosure 4 SOUTHWEST HOUSING .,,~ DEV[LOPMENT October 9, 2001 Dave Hill OCT 0 9 2001 C~ty of Denton Denton City Hall PLANNING & DEVELOPMENT 215 E McKumey Denton, Texas 76201 Re Knollwood Villas, Straight Zomng Change Apphcatmn, Orrlmance No 2001-191 Dear Mr Hill Imtmlly, I would lake to thank you for the cooperatave tmae and efxbn of 5ou and your staff in workdng voth Southwest Houmng, Inc, to bnng long term affordab~.e Lousing to the city of Denton Particularly, I would reference our meetingm the °ffices °f the e~r'~'~nng last Fnday x~ as both helpful, and productave tn resolving the assues necessary to bnng th * project to ffumen Accordingly, we have filed for an amendment to the zomng on the Knollxx ood project Pursuant to your request, tins letter is to provade some background on the events le:chrg to the filing ofue apphcatmn for the amendment to condmon 6 of the zomng ordinance From the meeptaon of the project, we have attempted to make clezr u:e intent of Southx~ est Housing, Ine, that Knollwood Vfll~s ts not samply another apartment comt:Iex_ The approval by me eat3' council of tins project brought another 15 mfllmn dollars to the eaty of De--2:on tax base and x~all meet the urgent need of the eaty to provade affordable housing to the groxxmg cmzenry Also at should be noted, that m add~Uon to the expanded tax base for the city, Sou-2txx ~t Housing, Inc, has agreed to prowde $250,000 00 eontnbutmn to the Denton Independent Scho~ D~$tnct m an effort to be a good neighbor and help w~th the edueatmn of our tenants and the loc,al schools Fmahy, Southwest Housmg, Ine, at the request of the eaty and staff, purchased ad&uo--al acreage at the ccst of an addltaon $250,000 00 to prowde added park and recreatmn areas ana re&ace density to below the target levels set by the eaty tn the Comprehensave Plan Knollwoodwas ongmallyapprovedbythe eatym OrdmanceNo 20)1491 passedbythec~ty council onMay 1, 2001 prior to the presentatmn and passage ofthe ordmmce- Southwest Housing, Ine, had numerous dascussmns with the catyregardmg the location of the p~oje~-m The c~ty engineers told us that the mty had a thoroughfare plan wlueh showed a collector road to course along the south sade of the project The caty expressed an anterest as to what could l~e %m-ced to commence constmetmn of at least part of the proposed collector We dascussed fiat r2ns collector wouId enhance the development of the area and proxade constmctmn access for K~ollx~ ood Villas and a secondary access for the person hying tn and using the facthtaes of Knoll~oc& To assure the c~ty and the surroundang area that the present access was sufficmnt, x~e comrr~ss:on a traffic survey a 5910 North Central Expressway · State 1145 · Dallas TX 7520~ D~rect (214) 891-1402 ° Fax (214) 987-3507 WWW SollthwesthOUSlllg eom 19 Dave Hill City of Denton October 9, 2001 Page - 2 copy ofwhtch is attached as Attachment #1 to this letter Although the present roadways along McKmney are sufficient to handle all traffic unpacts from the project, the city and we at Southwest Housing, were looking to the future to the anticipated needs of the area ~nd citizens of Denton who will live in the Knollwood Villas At all time during the discussions ~uh the cl~., the discussions were for Southwest Housing and the adjacent property owner to conrn'bu'e to the construction of two lanes of the collector As a result, Southwest Housing agreed to seek and construct the t~vo lane collector with the help of adjacent land owners for the betterment oft he city and extension of the thoroughfare plan presently adopted by the city council Immediately upon approval by the city, Southwest Housm_o_, lac, contmu."d its efforts with the nelghbonng property owners to secure the agreement for access and construction of the collector pursuanttothedeslresoftheclty BothMessrs KentKeyandKenl~,~r.-y!rnmedlatelyunderstood the obvious benefit to future development of the area and their propm7 by cooperating in the constructlonofthecollectur Anarnlcableagreementwasqulcklyreach~betweenMessrs Keyand Ralney A copy of that agreement is attached to flus letter as _z. ttachm~t #2 The negotiations w~th the other property o~vner, Mr Dc~m~ Keep, have been distressingly different and drfficult Brent Yendell, Allen Bussell of Sur~ cyor and En~-eers of North Texas, Inc (SENT, Inc ), and I lmtially met w~th Mr Keep on Apr3 18, 20{,I We brought plans and englneenng drawing to explain the project and the benefits ~lLch i~ ~ o_Id bring with regard to the development of his property Mr Keep expressed an rmr~cchate cnshke for the project and demanded numerous internal design and engmeenng changes m the proj -'ct In an effort to cooperate and reach an agreement with Mr Keep, I instructed our desl.~n team to attempt Io satisfy some of the numerous demands of Mr Keep The project was rc-engu~cercd on three occasions to attempt to reach an accord w~th Mr Keep at the expense of Southwe-~ Housm~. Lac A second meeting was held between Mr Keep and Greg Ed~ ~rds also of SENT, Inc, to discuss the proposed engmeenng changes Ttus meeting lead onl) to more unreasonable demands by Mr Keep to alter the entirety of the project and make the construct~c'~ economically unfeasible Thereafter, Southwest Housing, Inc, had numerous conversanons ~u:h Mr Keep attempting to resolve the issue of right of way over the adjacent property Finally, I ~quested our counsel, Nell L Durrance, meet with Mr Keep to explain our legal position and the offers whch we had made Each of these efforts met with only more demands from Mr Keep to change the project and agreements which the city had akeady approved On August 25, 2001, Southwest Housing, lac, met va~h the clt). ~affto d.scuss the options between the city and Southwest Housing, Inc, to secure the n_zht of wa: At tl-us meeting both we and city staff desired to have the road constructed Unforamately for the el.fy and Southwest Housing, Inc, Mr Koop's refusal to cooperate m the lmpro~ ement of the surrounding properties prevented the posstbdlty of acqumng the nght ofway necessay The cuty and o~ engineers from SENT, Inc, met dunng the month of August and attempted to find other alternanve ahgnments of the street which would allow the turn radius to proceed toward Loop 288 Unfortunately, the 2o Oot, 10 01 IP;18,a JRCK POTRSHr, lZK 214'--35'7-093;~ P*4 OCT-BCJ-~I 13 12 P.B4 Dave Clt~' et' Denton October 9, 2001 Pose - 3 regulatloas for a safe turning radius required the ali.~e~t tO ~main the same The or~er comphc~tm~ t~etor for 8 chan~c of el~nn~nt ts tlc pzo~ o~thc co~ector to the flood plato eru munedatoly to the south 0a the property ot'Measrs. Key uuJ P.~mey Any clumge m ahgnment f~'ther south would not be feasl'ble duc to thc need~i m-ca for lam' ]anc expansion for the full collector, A second mm~tJns was held v~tb thc city staff last ~ wl~cb :you attended. I behevc you understood our frdstrafiun m a~emp~ifl~ to comply w~th ~ reqmmnenta or'the present otdlnancc and thc desires of the mty whtle m*~fltamjt~ an e¢ononu~ll¥ viable prolect, Pnor to thc second meetmn~,,it was notedthat OrdmanceNo 2001-191 contMn~lalackofdescr~tmntothc natureand e~tent ot~ the colleciur. Tile ordinance, whtch we dtd not wrtt~ should have reed that the coniston ora *'two lane'* collecto~ instead of'the horn:al eoUec~r You legal depa, t.'bent has been kind enough to point ou! since our last meeting ~e c~ zequn~.ments of'o collector street requtre f.our not two lanes As w~ related to you m the m.~'*ong and ccofb'med by the ct~ stafl*, uti pnot dtsc~sions with tho ataff wct~ ~r constrd~on oftw~ lanes ~ was fuflher confirmed by the pro.~ect plans approved by the city, e truc and cctTeCt COW ts a~aci3ed hereto as At'~:hmcot #3. 'I'h~'atrOre, In the spirit of' fuflJtar coopctatto~ an~ [o hot, or ~ ¢olltmJ~ticot with the and our ueishbors, we would pr0por~ the city council mak~ die c~ m zonm$ condihon number 6 of Ordmaflce 2001-191 to reed, conslA~tton of one-ba~ of the c~ilector and that the funds be placed irt escrow wtth the clX,, tn an effofl to move cor~,~: ~to~x of ~ ~oadway £ot'wuKl, wc haw additionally off'e~ed to place in escrow Mes~rs. Key and ~ porttco of'thc road cost to be repmd. Mthout interest by them when ach2a~ construcUon of the r0adwBy beans. We would also llke to offer u second option to t~e c~ of' constnaction of. thc two lone roadway as originally proposed fi'om tl~ southwest pm~o~ ~Rte pr~-rty on the Knollwood Ydlas project the property line of thc d~_mn~e culvefl which l~s bc~n proposed. Thru would phase the cotmttuctlun of the collector toad and l~vi~tc 8 ~ atafl~nZ ~on~ fct thc ~ty m futm'c eons~ucttun We are ulso wtllinf** to d~cuss other oS~icos, however, w~ a~ tmd~r soma Sevm'e time ¢onslramts with th~ interest rates contmmng to braid as the result of ~play in o~s~omp~ nn~cably resolve ~ i~lem and need to proceed as expedittomJ}~ es po.q~le to bc~constro~ Should you have any fbrther qveations, please do ~ hesitate to contact me / TOTPL. P.B4 2! K~ollwood Villas Project (Key/Rainey Southwest Ho~smg Development AgreemenO ~'he purpose of this document is to confirm and clarify an agreement reached April 26. 2001 m a 1 00pm meeting ~ the .office of Key Quahty Construction, Inc Present al tl~ meeting were John l~,,ney. I~ent Key, Allen Bussell and Sack Potashmk Tins agreement ~s bet~vean ~oha Ramey and Kent Key (owners of land south and sout~ea~ of be Knollwood Villas projecO and Sack Potashmk of Southwest Housing Development. lvlr Potashmk as a representauve of Southwest Housing Development and is authorized by the company to re,present it's interest 1 Key~Ramey agree to contribute $50,000 towards the cost associated w~th road and drainage related eo~strucUon aetlvataes conducted by Southwest Housing Developm~t on the Key/Ramey property Key/Ramey will pay these dollars to Sou:~ est Housing Development upon completion of the road and these doll~.-s represent total payment for any and all construction cost conducted by Sou~wes~ Housing Development on the Key~Ramey property 2 Key/Ramey reserve the right of both review and final sign off on the location of the roa~ and the location and design of the drainage d~teh crossing their proper;y 3 At no cost to Key/R_amey, excess d~rt from the Knollwood Villas pro, eot will be deposited or;o ~e Key/Ramey property at locations designated by Key~Ramey 4 Key/Ralney Agree ~ allow Southwest Housing Development to (a) construct a d.-amage a:ea across the Key~Raxney property and (b) construct a r:ad be~een the Knollwood Vdlas project and Loop 288 passing ~rough the Key~Ralney property 5 Key/Rmney may c':oose to terminate this agreement after 4/30/2003 should Southwest Housing Development fail to complete the road mentioned in atom # i above 6 A~y and all part of~as agreement may be modified by mutual consent of both parties (Key/R_~me) and Southwest Housing Development) Date Date (o yack pof'~hnlk Date Southwest Housing Development 22 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CONDITION SIX (6) OF ORDINANCE NO 2001-191 REGARDING CERTAIN REQUIRED TRANSPORTATION IMPROVEMENTS FOR APPROXIMATELY 22 ACRES OF LAND ZONED MULTI-FAMILY CONDITIONED (MF[C]) AND LOCATED ON THE SOUTH SIDE OF LOOP 288 APPROXIMATELY 1000 FEET WEST OF LOOP 288, PROVDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (ZP01-0006) WHEREAS, on March 7, 2001, SENT Corporation, on behalf of Southwest Housing Development, applied for a change m zoning for 22 0 acres of land located on the south side of McKlnney Street, approximately 1000' west of Loop 288, from an Agriculture (A) zoning district classification and land use designation to Mulmfamdy Conditioned (MF[c]) zomng district classification and land use designation with the intent to develop a mulmfamdy complex, whach apphcatlon ~ncluded a Zoning Plan, and WHEREAS, on May 1,200 I, the C~ty Council adopted Ordinance No 2001 ~191 approving the aforementtoned zomng change and Zoning Plan, subject to certain conditions including the provision of certain transportation improvements, and WHEREAS, Condition No 6 of Section 1 of Ordinance No 2001-191 provides "6 A collector road, fi.om the subJeCt property to Loop 288, wall be provided prior to the ~ssuance of any certfficate of occupancy" (called "Condmon No 6") WHEREAS, on October 1, 2001, Southwest Housing Development applied for a zomng change to amend Ordinance 2001-191, and WHEREAS, on November 14, 2001, the Planmng and Zoning Commission concluded a pubhc heanng as required by law, after wbach ~t recommended approval of the amendments provided below, and WHEREAS, the C~ty Council finds that the amendments to Ordinance 2001-191 are consistent with the Comprehensive Plan and are m the public interest, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Condition No 6 m Sectmn 1 of Ordinance 2001-191 ~s amended to read as follows ~ 6 Two lanes of a collector road from the subject property to Loop 288 wall be provided (the "Collector") A certificate of occupancy will not be issued for the subject property until a Page 1 of 2 fully executed Development Agreement w~th the C~ty providing for the construction of the Collector are submitted to the C~ty's D~rector of Eng~neenng, together w~th fully executed performance and payment bonds, all ofwfuch wall be on C~ty reqmred forms The w~dth o fright-of-way dedmated from the subject property for the Collector and the north-south collector along the western s~de of the subject property shall be 30 feet The zoning plan is amended consistent with the above change in Condition No 6 All other prows~ons of Ordinance No 2001-191 not inconsistent with this ordinance shall remmn m full force and effect SECTION 2 If any prows~on ofth~s ordmance or the apphcat~on thereof to any person or c~rcumstance ~s held mvahd by any court, such mvahd~ty shall not affect the vahd~ty of other provisions or apphcat~ons, and to th~s end the provls~ons of th~s ordinance are severable SECTION 3 Any person violating any proms~on of tfus ordinance shall, upon conwct~on, be fined a sum not exceedmg $2,000 00 Each day that a provlsmn ofth~s ordinance ~s wolated shall constitute a separate and chstmct offense SECTION 4 That th~s ordtnance shall become effective fourteen (I 4) days from the date of ~ts passage, and the C~ty Secretary ~s hereby d~rected to cause the caption of th~s ordinance to be pubhshed tvace m the Denton Record-Chromcle, a dmly newspaper pubhshed ~n the C~ty of Denton, Texas, wltlun ten (10) days of the date of~ts passage PASSED AND APPROVED ti'us the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FO/R_M HERBERT L P~/CIT~:zATTORNEY BY ~-'-~-'~~ ~ Page 2 of 2 AGENDA INFORMATION SHEET AGENDA DATE: November 27, 2001 DEPARTMENT: Economic Development~//L...- CM/DCM/ACM: Dave Hill, 349-831 SUBJECT Consider adoption of an ordinance establishing an economic development program under Chapter 380 of the Local Government Code for making grants of public money to promote economic development and to stimulate business activity in the City of Denton, approving an economic development program grant agreement w~th Denton Crossing Partners, Ltd regarding the development of an approximate 52 acre parcel of land located at the southwest comer of Loop 288 and Spencer Road, authorizing the expenditure of funds therefore, and providing for an effective date BACKGROUND At the October 9, 2001 City Council Work Session, staff presented a project proposal from Denton Crossing Partners, Ltd (DCP), for a 52-acre retail center located on Loop 288 The project requires construction of a considerable amount of pubhc improvements DCP requested a rebate of a pomon of sales tax generated by the project to help offset those costs The original request included the reimbursement for "hard costs" for the construction of public improvements for Bnnker Road, Spencer Road, and utilities In addition, DCP requested reimbursement for costs representing a "write-down" of land costs so that retml tenant leases could be competitive The total request was for $8 million to be reimbursed through ½ of 1% of the sales tax revenues collected from the project for a term of 15 years At the October 9th work session, Council authorized continued negotiations with DCP The authorization also allowed consideration of an additional $2 7 million to include the cost to extend Spencer Road improvements to Woodrow Lane, as well as the cost to build the 1-35E Bnnker Road exit ramp Staff has since determined that the City's ability to fund those additional projects is more cost effective After further review of DCP's proposal, staff and an independent consultant identified project costs considered reasonable and appropriate for reimbursement (see Exhibit A of the attached draft contract) The draft contract includes these costs but does not include the land "write- down" costs originally requested The amount to be considered for reimbursement is now $7 25 million - a reduction of $750,000 in the original amount requested The term of the agreement has been set at 15 years Project / Contract Elements · To qualify for program payments, DCP will be required to construct a minimum of 350,000 square feet of ret~ul/commerclal space, although current plans call for approximately 443,000 square feet of floor space at build-out DCP will make every effort to recrmt and lease space to major retailers not already located an Denton However, leases may include Denton retmlers who may want to open an addmonal store m Denton, or may leave Denton afthe opportumty to relocate as demed · DCP wall prowde actual project costs for stems lasted m Exhabat A All costs wall be examined by the city and verafaed as "reasonable and customary" Should costs be less than esttmated, the Caty wall reamburse actual costs Should costs be hagher than estimated, the Caty wall reamburse estimated costs that are reasonable and customary within the limats of the maxamum grant of $7 25 malhon plus ~nterest Interest is calculated at the London Interbank Offered Rate (LIBOR) plus 275 basas points · DCP wall be required to meet all e~ty development process and rewew reqmrements and adhere to all eaty codes Thas wall include the sate plan approval process to ensure desagn qualataas are an lane wath DCP's proposal The contract stapulates that architectural quahty wall" be desagned and constructed to provade attractave retaal envaronment consistent wath other first class retml centers m the Dallas-Fort Worth area Desagn shall reflect an attention to arehateetural details, the use of hagh quahty materials and fimshes, vasual anterest, and artaculataon of braiding facades " · A sales tax report for each month during the term of the agreement providing the total sales tax generated by the project wall be provaded by the state comptroller's office Reambursement of funds wall be calculated based on th~s report · The Caty wall reamburse ~ of 1% of the sales tax generated by the project The Caty currently collects 1 5% an sales tax One-half percent as dedaeated to property tax reduction The Caty wall retmn ~ of 1% for the General Fund Based on recent DCP astamated sales of $130 malhon annually, the breakdown would result an the followang o Projected total annual sales tax generated $1,950,000 · Property tax reduction $650,000 · General Fund $650,000 · DCP reambursement $650,000 OPTIONS 1 Adopt the ordanance and contract as presented The metes and bounds descraptaon for the Denton Crossing site wall be attached to contract as part of Exhab~t B prior to execution of the contract 2 Adopt the ordinance and contract with amendments 3 Deny adoption of the ordinance and contract and request staff to continue negotaat~ons 4 Deny adoptton of the ordinance and contract RECOMMENDATION Staff reeommands Optaon #1 - adoption of the ordanance and contract as presented The C~ty's retail consultants, The Buxton Company and Cornerstone Group have revaewed the proposal and concur that the project has all the elements for success and that the proposal before Council ~s reasonable and appropriate 2 ESTIMATED PROJECT SCHEDULE If approved, DCP plans to begin construction in 2002 w~th a completion date in 2003 Timing of the completmn of Loop 288 ~mprovemants is cntacal to the completion of tins project PRIOR ACTION/REVIEW The City Council rewewed the project proposal at their October 9th Work Session and d~rected the City Manager to negotiate a contract for Council approval FISCAL INFORMATION The proposed project presents a significant pOSltlVe economic ~mpact on the C~ty Current annual property tax revenues Estamated City $260,000 City $11,388 Annual Property County $149,000 County 5,024 Tax Revenues DISD $1,200,000 DISD 39,392 Total $1,609,000 Total $55,804 Estimated $650,000 to reduce property taxes Annual Sales Total $1,950,000 $650,000 to General Fund Tax Revenues $650,000 ehg~ble for rebate to DCPI ATTACHMENTS Draft Ordinance Draft Contract w~th Exhibits Resp~tfully subm~ltted L~nda Rathff ,F Director of Economic Development 3 ORDINANCE NO AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM UNDER CHAPTER 380 OF THE LOCAL GOVERNMENT CODE FOR MAKING GRANTS OF PUBLIC MONEY TO PROMOTE ECONOMIC DEVELOPMENT AND TO STIMULATE BUSINESS ACTIVITY IN THE CITY OF DENTON, APPROVING AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH DENTON CROSSING PARTNERS, LTD REGARDING THE DEVELOPMENT OF AN APPROXIMATE 52 ACRE PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF LOOP 288 AND SPENCER ROAD, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Denton Crossing Parmers, Ltd ("DCP") has made a request of the City of Denton to establish an economic development program under Chapter 380 of the Texas Local Government ("Chapter 380") to stimulate the development of commercial property within the City of Denton, and WHEREAS, the City Council by this ordinance is establishing an economic development program under Chapter 380 which will stimulate bus~ness activity in the City and promote the public interest (the "Program"), WHEREAS, to effectuate the Program the City and DCP have negotiated an Economic Development Grant Agreement (the "Agreement"), a copy of which is attached hereto and made a part hereof by reference, and WHEREAS, the City Council finds that the Program and Agreement promote economic development and will stimulate commercial activity within the City of Denton for the benefit of the public, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The recitals and findings contmned in the preamble of this ordinance are incorporated into the body of this ordinance SECTION 2 The Mayor or in case of her absence the Mayor Pro Tem, is hereby authorized to execute the Agreement on behalf of the City of Denton and to carry out the City's responsibilities and rights under the Agreement, including without limitation the authorization to make the expenditures set forth in the Agreement SECTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY iTTORNEY BY ~'~~ Page 2 THE STATE OF TEXAS § COUNTY OF DENTON § ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH DENTON CROSSING PARTNERS, LTD This Economic Development Program Grant Agreement ("Agreement") is made and entered into by and between DENTON CROSSING PARTNERS, LTD CDCP"), a Texas limited partnership, and the CITY OF DENTON (the "City"), a Texas municipal corporation, for the purposes and considerations stated below Section 1 Authorization. Th~s Agreement is made pursuant to the Economic Development Programs provisions of TEX LOCAL GOVERNMENT CODE, Chapter 380 (the "Act") to promote local economic development and to stimulate business and commercial activity in the City of Denton Section 2. Definitions. "Actual Cost" or "Actual Cost of the Public Partm~patlon Items", means the actual amount of money paid for the construction, design and other work listed among the Estimated Costs of the Public Participation Items at Exhibit A attached hereto, but as to construction and design applicable to such items, not to exceed the reasonable and customary cost for the construction and design of similar ~tems m the Dallas-Fort Worth area The part,es agree and understand that the Actual Cost of any individual category of items hsted may exceed the correspondmg estimated amount listed in Exlnb~t A provided that the total amount of the Program Grant excluding Interest shall not exceed $7,250,000,000 "Grantee" means DCP, its successors, or any party to whom DCP may assign this Agreement "Improvements" means retml shopping center buildings contammg a m~mmum of 350,000 square feet of floor area to be constructed on the Property ~n a manner consistent with other high quality shopping venues located m the Dallas-Fort Worth area (the "Retml Improvements") along w~th the Public Participation Items listed as Exhibit A attached hereto "Interest" means interest on any unpaid balance of the Program Grant which shall accrue at a rate equal to the London Interbank Offered Rate (LIBOR) plus 275 basis points, and shall be calculated and compounded monthly The unpmd balance of the Program Grant shall be calculated based on the Actual Costs of the improvements and work represented as Public Pammpatlon Items in Exhibit A As such Actual Costs are incurred by Grantee, such costs shall represent an equivalent component of the Program Grant for purposes of calculating Interest Such Program Grant components shall accrue interest for the term of the Program from the date 1 that Grantee mcurs the corresponding costs for the design, construction, or other work representing the Public Partmtpatlon Items "Monthly Sales Tax Report" means the monthly report received from the Texas State Comptroller that shows the amount of Total Taxable Sales for a month period "Peogram" means 180 consecutive monthly payments of economic development grant installments and accrued Interest approved by the City Council pursuant to the Act and this Agreement "Program Effective Date" means the date upon which Grantee elects to begin participation m the Program, which may be the first day of any month following Tenant Occupancy, as provided in Section 3 "Program Grant" means a grant of 1/2 of 1% of the Total Taxable Sales for a period of 180 consecutive months, but not to exceed $7,250,000 00 plus accrued Interest, and not to exceed the Actual Cost of the Public Partmlpatlon Items, to be prod by the City to the Grantee m 180 monthly installments dunng the term of the Program "Property" means that certain tract of approximately 52 acres more particularly described in Exhibit B attached hereto "Pubhc Participation Items" means those improvements, design construction and other work and cost 1terns described on Exlublt A "Retml Improvements" (see "Improvements" ) "Spencer Road Improvements" means the construction of two additional lanes of Spencer Road from the northeast comer to the northwest comer of the Property m accordance with City of Denton speclficatlons "Substantial Completion of the Improvements" means with regard to any pubhc works items, the date the contractor issues a certfficate of completion, and for the Retail Improvements the date of final mspection approval by the City Building Official of a minimum of 350,000 square feet of space for retail shoppmg "Total Taxable Sales" means the total amount of all sales from which sales and use tax ts collected from businesses located on the Property "Tenant Occupancy" means the date a certfficate of occupancy is issued for the first retail tenant of the Retml Improvements Section 3 Term Tlus Agreement shall be effective as of the date of execution by both partms At any t~me following execution of this Agreement but not before Tenant Occupancy, the Grantee may elect to designate the first day of any month to be the Program Effective Date by providing written notme to the City of such election 60 days prior to the designated date The term of the Program 2 will be 180 consecutive months beginning on the date of the first Program Grant installment payment Th~s Agreement will terminate upon the earlier of a) the payment to Grantee of the full amount of the Program Grant, or b) payment m full of all 180 Program Grant installments pursuant to the computation method prowded at Sectmn 5 of this Agreement for each month dunng the term of the Program Section 4 Program Grant For each month of the Program Grant term, City agrees, sublect to the conthtlons contained m this Agreement, to make a Program Grant installment payment to Grantee on or before thirty days following the City's receipt from the State Comptroller of the Monthly Sales Tax Report indicating sales tax revenue from businesses located on the Property Monthly Program Grant installment payments shall be calculated as provided m Section 5 below Tenant Occupancy shall be a condition precedent to the lmtlatmn of Program Grant payments Program Grant payments may be withheld at any time if there arc delinquent property taxes on the Property and will not be resumed until such dehnquency is cured Notwithstanding anytfung contained hereto to the contrary, the Program Grant installment payments wdl cease, this Agreement will automatically terminate, and Grantee will refund to the City all Program Grant payments previously made if there is not Substantial Completion of the Improvements by December 31, 2004 Section 5 Computation of Program Grant Program Grant Installment payments for each month of the Program term shall be made m an amount equal to V2 of 1% of the Total Taxable Sales for the preceding month indicated by thc most recent State Comptroller's Monthly Sales Tax Report for the Property The City's obhgatlon to make such payments is contingent upon the C~ty's receipt of the Monthly Sales Tax Report If the State Comptroller shall cease to issue Monthly Sales Tax Reports, City and Grantee shall cooperate to amve at a reasonably equivalent and mutually agreeable alternative method of computing monthly installment payments Section 6. Other Grantee Obligations In consideration of the Program Grant, Grantee agrees as follows (a) The Retail Improvements shall be designed and constructed to prowde attractive retail environment consistent with other first class retail centers ~n the Dallas-Fort Worth area Design shall reflect an attention to architectural detmls, the use of high quality materials and finishes, visual interest, and artmulatlon of bmldmg facades that ~s generally consistent with the design features shown in Exhibit C (b) In the event of tenant turnover, Grantee shall dlhgently seek to obtain quality retml tenants that are new to the Denton retml market However, existing Denton retml businesses shall not be prohibited from leasing retail space at the Property (c) The Spencer Road Improvements w~ll be constructed by the City as a part of a C~ty public works project to extend Spencer Road to Woodrow Lane (the "Public Works Project") Grantee shall advance to the City thc cost of the Spencer Road 3 Improvements as determined by the lowest responsible bidder for the Public Works Project within 30 days after written not,ce to Grantee from the C~ty of such cost Such cost ~s currently estimated to be $701,500 00 Failure to do so wall be a default under this Agreement and the City may withhold all Program Grant payments until smd sum is received by the C~ty As provided at Exhibit A, reimbursement for the Actual Cost of the Spencer Road Improvements is included m the calculation of the Program Grant (d) The Property will not be conveyed dunng the term of th~s Agreement to any entity whose ownership of the Property would cause the Property to become exempt from ad valorem taxes unless an agreement w~th the C~ty to ensure a program of payments in heu of ad valorem taxes has first been agreed upon Wxth the exception of certmn engmeenng design costs ~ncurred for Spencer Road as prowded below, Grantee shall have no obhgatlons pursuant to th~s Agreement ff Grantee prowdes City w~th notice of its intention to terminate this Agreement ("Notice of Termination") prior to designating a Program Effective Date or taking receipt of Program Grant ~nstallment payments pursuant to fins Agreement Notwithstanding the foregoing, Grantee shall be obhgated to reimburse City for any Spencer Road engmeenng design costs recurred by the City between the effective date of this Agreement and the date of the Not~ce of Termination up to an amount not to exceed $50,000 prowded that City gtves Grantee 14 days prior written notice of its intent to incur such costs The Ctty shall not be liable for any reimbursements of costs expended for Improvements if Grantee terminates the Agreement pursuant to th~s section Section 7 Audits and Monitoring Dunng the term of this Agreement, the C~ty reserves the right to conduct audits of the sales and use tax records of businesses located on the Property if, ~n the sole op~mon of the City, such action ~s determined to be necessary Grantee agrees upon request to use reasonable efforts to assist the City m obtaining such records from tenant taxpayers Fmlure to provide such assistance shall be grounds for default, and C~ty may withhold any ~nstallment payment until such assistance ~s provided Dunng the term of th~s Agreement, the City will keep, or cause to be kept, Copies of the Monthly Tax Reports and proper and current books and accounts in which complete and accurate entries shall be made of the amount of sales taxes recetved by the City from the State of Texas attributed to the Retail Improvements and such other calculations, allocations and payments mqmred by this Agreement Dunng the term, the City shall prepare w~th~n 180 days after the close of each fiscal year of the City, a complete financial statement for such year m reasonable detml covenng the above mformat~on, and shall furnish a copy of such statement to Grantee Upon the request of Grantee, and at Grantee's expense, City shall have the annual Program Grant financml statement prepared by an independent certffied pubhc accountant Upon request of Grantee, City shall provide copies of C~ty records related to the Program Grant to investors, lenders, or other parties designated by the Grantee Section 8. Default If either party should default (the "Default Party") wxth respect to any of its obhgatxons hereunder and should fall, wxfinn thirty (30) days after dehvery of written notme of such default 4 from the other party (the "Complmmng Party") to cure such default, the Complmmng Party, by action or proceeding at law or in equity, may be awarded its damages and/or specific performance for such default The Complaining Party may exercises any other rights and remedies it may have under this Agreement or as provided by law which rights and remedies are cumulative Section 9 Mutual Assistance The City and the Grantee shall do all things necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out the terms and provlsmns of th~s Agreement Section 10. Indemnity It is understood and agreed that Grantee m performing its obligations hereunder is acting mdependontly and the City assumes no responsthdltles or habdltles m connection therewith to third parties and grantee agrees to defend, indemnify and hold harmless the City from and against any and all clmms, stats, and causes of action of any nature whatsoever arising out of grantee's obligations hereunder Grantee's mdenmlficatlon obligations include the payment of reasonable attorney's fees and expenses incurred by the City in connection with such clmms, suits, and causes of action Section 11. Representations by the City The City represents that ~ {~ j (a) The City isa home rule Texas municipal corporation and has the power to enter ~)~ .. ~ into and has taken all actions to date required to authorize this Agreement and to carry out its ~I,~/~ obligations hereunder, 0~' (bi The City knows of no htlgatlon, proceedings, lmtlatlve, referendum, investigation ~.~{~ [ ~ or threa~ ~f any of the same contesting the powers of the City or its officials with respect to this freement that has not been disclosed in writing to Grantee, ~Jv~t0~'~ , (o) The City knows of no law, order, rule or regulation apphcable to the City or to the Ix~- 01)\v ' Clty s govermng documents that would be contravened by, or conflict with the execution and ~t delivery of th~s Agreement \-- (d) Tlus Agreement constitutes a valid and binding obligation of the City, enforceable according to its terms, except to the extent limited by bankruptcy, insolvency and other laws of general application affecting creditors' rights and by equitable pnnmples, whether considered at law or m equity SubJeCt to the indemnity provided by Section 10 of this Agreement, the C~ty will defend the validity of this Agreement in the event of any litigation arising hereunder that names the City as a party or which challenges the authority of the City to enter into or perform its obligations hereunder City recognizes that Grantee intends to commence construction and expend substantial momes m reliance upon the accuracy of the representation and warranty of the City as set forth in th~s Section 11 Section 12. Representations and Warranties by Grantee Grantee represents that (a) Grantee m a Texas limited partnership duly organized and validly existing under the laws of the State of Texas and is, or will prior to the effective date of this Agreement, be qualified to do business in the State of Texas, has the legal capacity and the authority to enter into and perform its obligations under this Agreement, (b) The execution and delivery of this Agreement and the performance and observance of its terms, conditions and obligations have been duly and validly authorized by all necessary action on its part to make this Agreement, (c) Grantee knows of no litigation proceeding, untlatlve, referendum, or investigation or threat of any the same contesting the powers of the City, Grantee or any of its principals or officials with respect to this Agreement that has not been disclosed in writing to the City, and (d) Grantee has the necessary legal ability to perform its obligations under this Agreement and has the necessary financial ability, through borrowing or otherwise, to construct the Improvements This Agreement constitutes a vahd and binding obligation of Grantee, enfomeable according to its terms, except to the extent limited by bankruptcy, insolvency and other laws of general application affecting creditors' rights and by equitable pnnmples, whether considered at law or in equity Section 13 RJghts of Lenders and Interested Parties The City xs aware that financing for acqmsltlon, development and/or construction of the Improvements may be provided, in whole or in part, from time to time, by one or more third parties, including, without limitation, lenders, major tenants, equity partners and purchasers or developers of portions of the Property (collectively, "Interested Parties") In the event of default by Grantee, the City shall provide notice of such event of default at the same time notice is provided to Grantee, to any Interested Parties previously identified to the City If any Interested Part~es are permitted under the terms of its agreement with Grantee, to cure the event of default and/or to assume Grantee's position with respect to this Agreement, the City agrees to recognize such rights of any Interested Parties and to otherwise permit such Interested Parties to assume all of the rights and obligations of Grantee under th~s Agreement The City shall, at any time upon reasonable request by Grantee, prowde to any Interested Party an estoppel certificate or other document ewdencmg that this Agreement is in full fome and effect and that no event of default by Grantee exists hereunder (or, if appropriate, specifying the nature and duratmn of any existing event of default) Upon request by any Interested Party, the City will enter into a separate assumption or similar agreement with such Interested Party, consistent with the provisions of this Section 13 Section 14 Changes and Amendments Except ~ specifically provided otherwise in this Agreement, any alterations or deletions to the terms of this Agreement shall be by written amendment executed by both parties to this Agreement 6 Section 15. Successors and Assigns This Agreement shall be binding on and inure to the benefit of the parties, their respective successors and assigns The Grantee may assign all or part of its rights and/or obhgatlons hereunder ,upon written notice to the City of such assignment Section 16. Notice Any notice and/or statement required or permitted to be delivered shall be deemed dehvered by depositing same in the United States mall, certified with remm receipt requested, postage prepatd, addressed to the appropriate party at the following addresses, or at such other addresses provided by the parties in writing, If to the Grantee Denton Crossing Partners, Ltd 8235 Douglas Avenue Suite 1300 Dallas, Texas 75225 Attn Ben Hummel and to Jenkens & G~lchnst, P C 1445 Ross Avenue, State 3200 Dallas, Texas 75202 Attn Susan Mead If to the City Cxty Manager City of Denton 215 E McI~nney Denton, Texas 76201 Section 17. Venue The obligations of the parties to th~s Agreement are performable m Denton County, Texas, and if legal action :s necessary to enforce same, exclumvc venue shall he ~n Denton, Texas Section 18. Applicable Laws Tlus Agreement is made subject to the provts~ons of the Charter and ordinances of C~ty, as amended, and all apphcable State and federal laws Section 19 Govermng Law This Agqeement shall be governed by and construed in accordance wtth the laws and court deelsmns of the State of Texas 7 Section 20 Legal Construct~on/Partml Invahd~ty of Agreement In case any one or more of the prowsmns contatned in thru Agreement shall for any reason be held to be mvahd, illegal, or unenforceable m any respect, such mvahd~ty, fllegahty, or unenforceabfllty shall not affect any other prows~on thereof and th~s Agreement shall be considered as ~£ such mvahd, illegal, or unenforceable prowston had never been contained ~n th~s Agreement EXECUTED and effective as of the __ day of ,2001, by C~ty, s~gmng by and through ~ts Mayor, duly authorized to execute same by action of the Ctty Council and by Grantee, acting through ~ts duly authorized o£ficmls CITY OF DENTON, TEXAS EULINE BROCK, Mayor ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY GRANTEE DENTON CROSSING pARTNERS, LTD BY Name 8 ACKNOWLEDGMENTS STATE OF TEXAS ) COUNTY OF DENTON ) Th~s instrument was acknowledged before me on the __ day of 2001, by Euhne Brock, Mayor of the C~ty of Denton, Texas, on behalf of smd mty Notary Pubhc, an and for the State of Texas My Commission expires STATE OF TEXAS ) COUNTY OF ) Th~s ~nstmment was acknowledged before me on the __ day of , 2001 by of Denton Crossing Partners, Ltd, a Texas hm~ted parmersh~p Notary Pubhc, xn and for the State of Texas My Commass~on expires EXHIBIT "A" THE "PUBLIC PARTICIPATION ITEMS" Denton Crossing Partners, Ltd Chapter 380 Esttmated Costs Eligible for ReLmbursement Category Cost Stte Work $794,924 Wetlands Mit~gaUon 45,500 Drainage Improvements 493,350 Grading - Pond Dram & Fill (404 Permt0 289,894 Brmker Road (Includes Utflmes) 586,650 Spencer Road (Includes Uttht~es) - Contnbutaon to C~ty ProJect 701,500 Loop 288 Ut~ht~es (RelocaUon & Upgrade) 500,700 S~gnahzat~on Upgrades on Loop 288 @ Brmker and Spencer 40,000 Impact Fees,(Water & Sewer) 600,000 Engineering & Contingency for Road & Utility Improvements 230,684 15,000 Appratsal Legal 250,000 Architectural 400,000 Replattmg 25,000 Survey 50,000 Environmental 5,000 Geotechmcal 25,000 Consl~uctton Testmg/inspectmn 100,000 T~tle & Closing 125,000 Harmon Corem on Hudspeth 17,923 Constmctton Interest (Land, Hard & Soft Costs) 1,853,875 Property Taxes During Construction 100,000 Total $7,25o,ooo lO EXHTB%T B EXHIBIT C EXHIBIT C 13 AGENDA INFORMATION SHEET AGENDA DATE: November 27, 2001 DEPARTMENT: Planning & Developme~ CM/DCM/ACM: Dave Hdl, 349-8314 SUBJECT - RR-01-0009 (Wmdsor Oaks) Consider and take action on a request for rebel bom the Restdentml Intertm Zomg Regulattons, Ordinance 2000-046 for apprommately 244 acres generally located on e~ther side of Loop 288 north of Mmgo Road, south of King's Row, east of Old North Road and west of Cooper Creek Road The property is tn an Agricultural (A) and One-farmly Dwelling (SF-7 and SF-10) zomng d~stncts A planned development containing a variety of single family, mnltffamtly, retail, office and eommercml uses ~s proposed (RR-01-0009, Windsor Oaks) ~s proposing a nuxed use development including smgle-famdy, multt-farndy, retail, office and commercial uses on the subJeCt property (Attachment 2) o The subject s~te ~s located m the Emstmg Nelghborhoodsffnfill Compat~bthty d~stnet New develoPmant m thts dtstnet should respond to emstmg development w~th compatible land uses, patterns and destgn standards Staff finds the proposed development inconsistent wth the Comprehensxve Plan However, the appheant has subnntted a comprehensive plan amendmem correspo~llng to the proposed development o The property ~s not platted Approval or demal of the rebel request roll not affect the platting process o The property is zoned Agricultural (A) and One-farndy Dwelhng (SF-7 and SF-10) and the apphcant ~s proposing a Planned Development Approval or demal of the wmver request wdl only affect th~ zoning process as mchcated below The platting and building pernut processes will not be affected Zoning Plan Land Use Compatibility (City Council) Interim Regulations Process Project Plan · Subdivision Design (Reqmred if relief request (City Council) is demed) Platting · Subdivision Regulations : (P&Z Approval) Concept Plan (C~ty Council) PD process Detailed Plan · Subd~ws~on Dcsxgn (Reqmred ~f rehef request (C~ty Council) ~s approved) Platting · Subd~ws~on Regulations (P&Z Approval) ~ OPTIONS Council may either 1 Deny the request for rebel, or 2 Grant thc request for rehef, or 3 Grant the request for rehef, subject to condmons consistent w~th the evaluation criteria set forth in the ordinance N/A ESTIMATED PROJECT SCHEDULE. Unknown pRIOR ACTION/REVIEW, None FISCAL INFORMATION N/A 1 Zomng Map 2 Apphcat~on for rehef Respectfully submitted ~)ouglas S pt~well, AICP D~rector of Planning and Development ATTACHMENT 1 NORTH NO SCALE ZONING MAP INTERIM ORDINANCE RELIEF APPLICATION FORM Date APPLICATION FOR RELIEF FROM: Residential Intemn Ordinance EmstangZonmg ~F Pmp°sedZ°mng Pb Gross Acres SEE ATTACHED RELIEF PROCEDURES APPLICANT INFORMATION Apphcant f.~ [A)D~S~ ] Company' Property Owner 5/~/77 g Company' Address Tel Fax Cat-/' State ~ ZIP Ernad Contact ?]~pJ ~]~ZL ~ ~ /~'~ Company' SIGNATURE OF PROPERTY OWNER OR APPI.ICANT [ For Departmental Use Only SIGNATURE(SIGN AND PRINTc-~OR TYPE NAME)~ Accepted By'. APPLICATION DEADLINE IS MONDAY AT 10 00 AM Any~ ap. plies onlyto the Non-Residential Interim Ordinance Allother text apphes to both Residential and Non-Residential Interim Ordinances Apphcation Requirements The apphcant may peuuon the Gry Council. for ,reh~ fro..m thes, e mtenm development regulauo,m by requesting such rebel m wntmg The r~.,,~t for rebel shall be considered by me ta.ty ~ouncn m cor~mnctaon w~m action on me pr~!ect plan and development apphcatlon. The City Council shall not reheve the apphcant from these requlrernen?, unless, the a,p?hcant,first presents c~.e, dlbl~e evid~en, ced{~ or which the City Councd can reasonably conclude that the lraposltlon o~ the reslclential tensity limitations, non resinentlm sm other development standards depnves the apphcant of a vested property nght or depnves the apphcant of the economically viable use of thew land The app, hcant is re,quested to submit s~lfficlent uffotmation addressing the following cntena The applicant will also be responsible tn maldng their case before City Council In deciding whether to grant rebel to the apphcant, -,Jae City Council shall take into the consideration the fo]lowing ['-I Whether granting rebel from the residennal demi9 lumtattons, non- residentual standards °r °ther devel°pment standards contained m these mtenm development regulation, m the absence of permanent revisions to the City's Land Development Code that implement the provisions of the comprehensn · plan, leopardizes the City's best interests m preventing such effects, I'q The smtabihtyof the proposed resident~ or non residential uses m hght of land uses allowed m the zoning &smcts on property adjacent to the proposed she, VI The nnpact of the proposed residential or non residential use on the transportation and other pubhc facfliues systems affected by the development, [-I The measures proposed to be taken by the apphcant to Prevent negative miPacts °f the prop°seal use °n the neighb°th°°d' l'-I The hkehhood that sufficient rehef va]l be pro~ lded ro the apphcant f°ll°wmg ad°pn°n °f the Gty's Devel°pment Code' ["1 The total expenditures made m connection vath the proposed res~enraal or non-residential development m rehance on pnor regulations, including the costs of msia]ling infrastructure to serve the project, CI Any fees reasonably paid m connection vath the proposed use, lq Any representations made by the Gty concermng the project and reas°nablyrehed up°n to the demment °f the apphcant The City Councd may take the fo]lowing actions denythe relief request, grant the rebel request, or ((~c))) grant the rebel request subject to cond~uons consistent v~th the cntena set fo~ in the interim development regulauons Any relief granted by the City Council shall be the ramm~um deviation from ordinance reqmrements necessao' to prevent depnvauon of a vested property right SIGNATURE cemfymg that these regulations have been read and nndetstood by the apphcant 5 AGENDA INFORMATION SHEET AGENDA DATE November 27, 2001 DEPARTMENT Legal Department CM/DCM/ACM Herbert L Prouty, City Attorney SUBJECT: Consider and adopt on third reading an ordinance granting to TXU Gas Dmtnbuhon, a division of TXU Gas Company, its successors and assigns, a franchise to fummh, transport, and supply gas to the general public in the City of Denton, Denton County, Texas, for the transporting, dehvery, sale, and distribution of gas in, out of, and through smd mumclpahty for all purposes, providing for the payment of a fee or charge for the use of the streets, alleys, and public ways, repeahng all previous gas franchme ordinances and ordinances in conflict herewith, providing that it shall be m lieu of other fees and charges, excepting ad valorem taxes, prescribing the terms, conditions, obhgatlons and hmltaUons under which such franchise shall be exermsed, promchng a savings clause, a severablhty clause, and an effective date BACKGROUND INFORMATION: The franchise w~th TXU--TXU Gas Dlstnbutlon's (TXU Gas) predecessor Lone Star Gas Company for a 19 year term was entered into and became effecUve around August 20, 1982 as a result of passage of Ordinance No 82-56 TXU Gas assumed the franchise when TXU merged with Lone Star Gas in 1997 As a result of the mediation in htlgatlon styled Cay of Denton, et al v TXU Gas, I have been negotiating a franchise renewal with TXU Gas for approximately three months After lengthy negotiations, we have finally come to an agreement on a franchise which is modeled after a similar franchise agreement that TXU Gas entered into with the City of Bryan--where Mike Conduff formally served as City Manger--in the fall of last year The key terms of the franchise are as follows 1 The francbase agreement is for a term of a little over ten years or from August 19, 2001 (the end of the previous franchise with Lone Star Gas) through December 31,2011 Our consultant, Dan Lawton, of Diversified Utlhty Consultants, Inc, feels it would not be prudent for the City of Denton to enter into a term any longer than this due to what he prethcts will be mgnlfiCant changes in the way mtles are allowed to regulate and charge gas utility companies hke TXU Gas for the use and oecupaUon of city streets and use of rights-of-way 2 The franchise fee will be increased from 3% to 4% of gross revenues 3 The franchxse defimtlon of gross revenues Includes many revenue sources which the premous franchise does not include These sources of revenue tnclude industrial revenues, transportaUon revenues and m~scellaneous revenues These revenues will be included regardless of the outcome of the TXU lmgaUon mentioned above Otherwise, the parhes reserve all claims and defenses that they may have in the htlgatlon between the City of Denton and TXU Electric Company which ~s currently pending in the 134th Judicial Court of Dallas County, Texas 4 TXU Gas will be reqmred to comply--in its operations on City rights-of-way and other public property--with all ordmances, roles, and regulations of the City as they may now read or hereinafter be adopted TXU Gas w~ll be required to malntmn, construct, operate, and to replace its pipes, mains, laterals and other equipment so as to not interfere with traffic, city streets and other public facilities All placement of major facilities such as mains, pipes, laterals and other pertinent equipment w~ll be subject to the approval of the City Manager prior to construction Numerous provisions will provide for the minimization of interference with existing underground utilities and other structures of the City or other utilities that may have their facilities in the rights-of-way Bamers and other safeguards must be erected when TXU has to excavate any of the rights-of-way to repair or maintain or relocate their facilities TXU Gas is required to restore the public rights-of-way and other public facilities to the condition they were in prior to the commencement work A consistent ftulure by TXU to restore the public rights-of-way appropriately can result In a penalty of up to 10% of the City's cost to repair 5 TXU Gas is required to file~wlthtn one year of the granting of the franchise--maps in a convenient book, atlas or visual form showing in reasonable detail the Company's entire gas distribution system in the City including locations, dimensions, and depth, to the extent reasonably possible, of all its mmns, pipes and other facilities 6 TXU Gas mdemmfies the City from all liability created from any of its operations and assumes the risk of loss with regard to its operation 7 TXU Gas has a duty to serve any customer within the City where it is economically feasible for the Company to serve that citizen 8 The new francluse requires quarterly payments by TXU Gas Under the previous franchise, the payments were made annually There is one outstanding issue with regard to payments TXU Gas insists that they and their predecessor, Lone Star Gas, had been making francluse payments on a prepmd basis In other words, when they make a payment in a particular year, it covers the entire year in which the payment is made The payments have been made on or around April 1st of the year Based on the information we have been able to discover so far, we do not believe that TXU Gas's predecessor was prepaying the gas franchise Our research indicates that Lone Star Gas was making payments in arrears In other words, the payment made in April was for the previous 12~ month period Unfortunately, we have not been able to resolve this dispute entirely But TXU has agreed that the franchise language will require a payment to be made by April 1, 2002, which will be considered a payment for the previous calendar year of 2001 But if, by the date of the payment, TXU Gas provides the City with sufficient evidence to convince it that TXU Gas has actually prepaid the previous franchise payments, then the quarterly payment schedule will be revised to reflect the fact that TXU Gas has prepaid Page 2 If not, the quarterly payment schedule shall remmn as indicated and TXU Gas will be paying for each quarter currently or in arrears within 45 days of the end of that quarter ADDITIONAL CHANGES. This ordinance was originally scheduled to be considered on ' d second reading at your October 2n regular meeting The second reading was deferred to the October 16th meeting due to some concerns over a large gas cost increase to the Spencer Electric Generating Plant proposed by TXU Lone Star Pipeline in the renewal of the Interruptlble Natural Gas Transportation Agreement The concerns about this proposed ~ncrease are addressed in the City Attorney's status report and have not yet been resolved As a result of these concerns, we have proposed changes in Section 8(C) and 8(C)(5)(e) of the Franchise that would remove electric power plant revenue~denved by TXU from the Spencer Electric Generating Plant-- from the definition of gross revenues We have also expressly stated the Spencer Plant shall be considered "power plant" customers as opposed to commercial, industrial or transportation service customers A final request by TXU was to delay the actual ~mposltlon of the new Gross Revenues payment from August 19, 2001 to December 6, 2001, the projected effective date of the Franchise TXU says this will assist ~t in negotiating contracts with its industrial customers I have made these changes in Section I(B) of the ordinance but made it clear to TXU that they need to provide you tn o with an estnnate of the amount of revenue that would be lost dunng this period--August 19 t December 6th SO that you can make an reformed decision PROCEDURE FOR ADOPTING THE ORDINANCE Under Section 13 01 of the City Charter every orchnance granting, amending, renewing or extending a public utility franchise must be passed by a majority vote of the entire C~ty Council at three regular meetings of the City Council Accordingly, you will need to pass this ordinance at three regular meetings which we have determined will be your September 18, October 16, and November 6, 2001 City Council meetings In addition the ordinance cannot take effect until 30 days after its final passage and pending such time as the full text of the ordinance is published once each week for three consecutive weeks In the Denton Record Chronicle The ordinance must be accepted by TXU Gas TXU Gas is required to pay for the publication of the ordinance OPTIONS' 1 City Council can choose to pass the ordinance as written 2 City Council can choose to pass the ordinance w~th any changes it may deem necessary 3 City Council may choose not to pass the ordinance Staffrecommends City Council choose option 1 and pass the ordinance as written subject to your approval of the change in Section I(B) The new ordinance provides the C~ty w~th much more favorable terms and conditions than the previous franchise It w~ll result in a considerable increase m franchise fees Any change in the terms of the ordinance will have to be negotiated with TXU Gas since the franchise is a contract between the City and TXU Gas Page 3 FISCAL IMPACT As indicated above, we ant~mpate the adoption of the franchise wall substantmlly increase the amount of revenue the C~ty recmves each year from TXU Gas due to the fact that the franchise fee will increase from 3% - 4% of gross revenues and w~ll ~nclude many add~tmnal sources of revenue which had been prevmusly excluded by TXU Gas Dan Lawton's best estimate ~s over the ten-year plus franchise term, the C~ty w~I1 receive $2 5 mdhon ~n additional revenues Stnce TXU Gas reserves the right to pass on all or a port, on of the franchise fee to the Denton rate payers, this could result ~n a slight increase m the monthly gas utthty bills for Denton customers Respectfully submitted, Herb Prouty C~ty Attorney Page 4 ORDINANCE NO AN ORDINANCE GRANTING TO TXU GAS DISTRIBUTION, A DIVISION OF TXU GAS COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH, TRANSPORT AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, FOR THE TRANSPORTING, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID MUNICIPALITY FOR ALL PURPOSES, PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE STREETS, ALLEYS, AND PUBLIC WAYS, REPEALiNG ALL PREVIOUS GAS FRANCHISE ORDINANCES AND ORDINANCES IN CONFLICT HEREWITH, PROVIDING THAT IT SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES, PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATIONS UNDER WHICH SUCH FRANCHISE SHALL BE EXERCISED, PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE WHEREAS, TXU Gas D~smbutmn Company, a d~wslon of TXU Gas Company, hereinafter referred to as "Company," through a merger w~th Lone Star Gas Company, assumed the prewous franchme to use and occupy the pubhc rights-of-way and pubhc property of the C~ty for the purpose of laying, mmntmmng, constructing, protecting and operating their system as granted by Ordinance No 82-56, as amended by Ordinance No 90-108, and WHEREAS, the previous franchise referred to above expired on August 19, 2001, and WHEREAS, the Company and the C~ty desire to enter ~nto a new fi'anch~se agreement to anthonze the Company, ~ts successors and assigns, the rights to use and occupy the pubhc rights-of-way and other pubhc property &the C~ty as set forth ~n the body of th~s ordinance, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION i GRANT OF AUTHORITY (A) The C~ty of Denton, Texas, here~n after called "C~ty," hereby grants to TXU Gas D~stnbut~on, a d~wsmn of TXU Gas Company, hereinafter called "Company," ~ts successors and assigns, pnwlege and hcense to use and occupy the present and future Pubhc R~ghts-of- Way of the C~ty for the purpose of laying, mamtmmng, constructing, protecting, operating, and replacing the System and all other appurtenant eqmpment needed and necessary to dehver, transport and distribute gas ~n, out of, and through smd C~ty and to sell gas to persons, firms, and corporatmns, ~ncludlng all the general public, w~th~n the C~ty's corporate limits (B) Smd privilege and license being granted by this ordinance ~s for a term from August 19, 2001 through December 31, 2011 Provided, however, the Company shall pay the franchise fee set forth in Section 20 on gross revenues as defined ~n Section 8 of this ordinance beginning with the effective date of this ordinance, December 6, 2001 through December 31, 2011 Until that date time Company shall continue to pay revenues based on the francluse fee payment due under the prewous franchise whmh expired on August 19, 2001 (C) The provisions set forth m this ordinance represent the terms and cond~Uons under which the Company shall construct, operate, and malntmn the System w~thln the C~ty In granting this franctuse, the C~ty does not m any manner surrender or wmve tts regulatory or other rights and powers under and by virtue of the Const~tutlon and statutes of the State of Texas as the same may be amended, nor any of~ts rights and powers under or by virtue of present or future ordinances of the City, and it is expressly provided that nothing here~n shall ~mpmr the right of the C~ty to fix, within const~tutlonal and statutory limits, a reasonable price to be charged for natural gas, or to provide and fix a scale of prices for natural gas, and other charges, to be charged by Company to msldentml customers, commercial customers, ~ndustnal customers, or to any combination of such customers, wlthm the territorial hmlts of the C~ty as same now ex~st or as such hm~ts may be extended from t~me to time hereinafter and to ~nsure the matntenance of Company's property in good repmr throughout the term of th~s franchise Company, by its acceptance ofth~s franchise, agrees that all such lawful regulatory powers and rights as the same may be from time to time vested m the C~ty shall be ~n full force and effect and subject to the exercme thereof by the C~ty at any t~me By entenng ~nto th~s francfuse neither Company nor 2 City waives any claims or defenses they may have ~n the htlgat~on styled City of Denton, Texas, et al vs TXUElectrtc Company, et al, currently pending in the 134"' Judicial D~stnct Court of Dallas County, Texas ("TXU L~tlgation") SECTION 2 ACCEPTANCE OF TERMS OF FRANCHISE (A) The Company shall have thirty (30) days from and after the passage and approval of the ordinance to file its written acceptance thereofw~th the City Secretary The effective date shall be determined in accordance w~th the requirements of Section 28 and Section 13 01 of the C~ty Charter (B) If the Company, its successors and assigns, shall fmthfully comply w~th all the terms, and faithfully perform all the duties and obhgat~ons, and ftuthfully observe and recognize all the hm~tatlons and regulations contmned in this ordinance and in the valid ordinances of the C~ty relating to the conduct of Company's business adopted hereunder or under the police powers of the City, then the rights, franchises and pnmleges hereto granted shall extend from the date of the acceptance of this ordinance by Company through December 31, 2011, otherwise, the C~ty, after any material breach of the terms of this franchise has been determined by the C~ty Council of the City, may declare all rights granted hereunder to be abated, forfeited or terminated ~n accordance with the termination procedures provided herein (C) At midnight on December 31,2011, ALL rights, franchises and prlvdeges here~n granted, unless they have already at that t~me ceased or been forfmted, shall at once cease and terminate SECTION 3 NO THIRD PARTY BENEFICIARIES This franchise is made for the exclusive benefit of the City and the Company, and nothing herein is intended to, or shall confer any right, clmm, or benefit in favor of any third party 3 SECTION4 SUCCESSORS AND ASSIGNS No assignment or transfer of this franchise shall be made, in whole or ~n part, without approval of the City Council of the City The City will grant such approval unless withheld for good cause Upon approval, the rights, pnvdeges, and franchise herein granted to the Company shall extend to and include 1ts successors and assigns The terms, conditions, provisions, requirements and agreements contained ~n this franchise shall be binding upon the successors and assigns of the Company SECTION 5 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES This franchise is granted subject to the laws of the United States of America and its regulatory agencies and commissions and the laws of the State of Texas, the Denton City Charter of 1959, as amended, including Article XIII "Franchises" of smd Charter, and all other applicable ordinances of the City of Denton, not inconsistent herewith SECTION 6 CONFLICTING ORDINANCES All orrhnances and parts of orchnances of the City of Denton, Texas, in conflict w~th the provisions of this ordinance are hereby repealed, to the extent of that conflict only SECTION 7 NOTICES Any notices reqmred or desired to be given from one party to the other party to tins ordinance shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (l) dehvered in person to the address set forth below, (ii) deposited m an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mml, return receipt requested, and addressed to such party at the address hereinafter specified, or (m) dehvered to such party by courier receipted delivery Either party may designate another address within the confines of the continental United States of America for 4 not~ce, but until written notme of such change ~s actually recmved by the other party, the last address of such party designated for notme shall remain such party's address for notme CITY COMPANY C~ty Manager Town Manager C~ty of Denton TXU Gas D~stnbutton 215 E McK~nney 100 W Mulberry Denton, Texas 76201 Denton, Texas 76201 SECTION 8 DEFINITIONS For the purposes of th~s ordinance, the following terms, phrases, words, and their denvat~ons shall have the meamngs g~ven here~n When not ~ncons~stent w~th the context, words m the present tense include the future, words m the plural number include the s~ngular number, and words ~n the s~ngular number include the plural number The word "shall" ~s always mandatory and not merely d~rectory (A) "C~ty" shall mean the C~ty of Denton, Texas (B) "Company" shall mean TXU Gas D~strlbutmn, a d~wsmn of TXU Gas Company (C) "Gross Revenues" shall mean all revenue derived or received, directly or indirectly, by the Company from or m connection w~th the operatmn of the System and for 1ts servmes and related services provided by the Company to residential, commercml, ~ndustnal, governmental, mumc~pal and all other customers located within the corporate hm~ts of the Ctty, save and except sales to the Spencer Electric Generating Plant as indicated ~n subsection 8(C)(5)(e) The revenues ~ncluded ~n Gross Revenues shall ~nclude w~thout hmltatmn (1) all revenues received by the Company from the sale of gas w~th~n the C~ty to all customers w~th~n the C~ty, (2) all revenues received by the Company from the transportatmn of gas, ~ncludlng third party natural gas, through the System of Company to resldentml, commemml, industrial and transportation service customers and all other customers 5 within the Cxty, (3) to the extent not included m paragraphs (1) and (2), above, the total value of gas, including thxrd party natural gas, transported ~n Denton through the System of Company to ail customers within the City, and (4) other revenues of the Company derived from lawful charges (a) to connect gas service within the C~ty, (b) to disconnect gas service w~th~n the C~ty, and (c) to handle returned checks from customers w~th~n the C~ty and other such servme charges and charges as may, from t~me to time, be authorized ~n the rates and charges on file w~th the City (5) Gross revenues shall ~nclude, regardless of the outcome of the TXU litigation mentioned m Section 2, all transportatmn serwce, industrial and miscellaneous revenues Gross revenues shall not ~nclude (a) the revenue of any Person ~ncludmg, w~thout llm~tat~on, a TXU Affihate, to the extent that such revenue ~s also ~ncluded m Gross Revenues of the Company, (b) taxes ~mposed by law on customers that the Company is obhgated to collect and whtch the Company passes on, ~n full, to the apphcable tax authority or anthont~es other than sales taxes, (c) any ~nvestment income earned by the Company (d) sales taxes, fee on fee revenues or momes received by Company from customers as a contribution ~n and of construction unless these revenues are found by a final judgment of the Court or through a settlement of the TXU htlgatlon to be included w~thln "Gross Revenues", (e) revenues derived from sales to the Spencer Electric Generating Plant The Spencer Electric Generattng Plant shall be a "power plant customer" and not be classified or treated as a commercial, industrial or transportation service customer (D) "Person" shall mean any natural person, or any assoc~atmn, firm, partnership, 6 joint venture, corporation, or other legally recogmzed entity, whether for-profit or not-for-profit, but shall not, unless the context clearly intends otherwise, include the C~ty or any employee, agent, servant, representative or official of the City (E) "Pubhc Right-of-Way" shall mean public streets, alleys, h~ghways, bridges, easements, pubhc places, public thoroughfares, grounds, sidewalks and all other pubhc real property of the City, as they now exist or may be hereafter constructed, opened, laid out or extended within the present hm~ts of the City, or m such temtory as may hereafter be added to, consohdated or annexed to the C~ty (F) "System" shall mean all of the Company's pipes, pxpehnes, gas mains, laterals, feeders, regulators, meters, fixtures, connections, and any other eqmpment or lnstmmentallt~es used in or incident to providing delivery, transportatmn, d~stnbut~on, supply and sales of natural gas for heatang, lighting, power, and any other purpose for whmh natural gas may now or hereafter be used, located w~thln the corporate hmlts of the C~ty (G) "TXU Affihate" shall mean in relation to the Company, a Person that controls, ~s controlled by, or ts under common control with the Company As used ~n th~s defimt~on, the term "control" means, w~th respect to a Person that ~s a corporatmn, the ownership, Erectly or xnd~rectly, of more than 50% of the voting securities of such person or, wath respect to a Person that is not a corporation, the power to d~rect the management or pohcles of such Person, whether by operatmn of law, by contract or otherwise (H) Transportatmn Servme Customer shall mean any person or entity for which Company transports gas through the p~pehne system of Company within the C~ty to customers for dehvery or consumption w~th~n the City SECTION 9 PARAGRAPH HEADINGS CONSTRUCTION The paragraph headings contmned ~n this ordinance are for convemence only and shall m 7 no way enlarge or limit the scope or meaning of the various and several paragraphs hereof Both parties have participated in the preparation of this ordinance and this ordinance shall not be construed either more or less strongly agmnst or for either party SECTION 10 CONDITIONS OF OCCUPANCY (A) All construction and the work done by Company, and the operation of its business, under and by wrtue of this ordxnance, shall be in conformance with the ordinances, rules and regulations of City now in force and that may hereafter be adopted by the City relating to the use of its Public Rights-of-Way and grounds of the City (B) Company shall lay, maintain, construct, operate, and replace its pipes, mains, laterals and other eqmpment so as to interfere as httle as possible with traffic The placement of all mains, pipes, laterals, and other appurtenant equipment shall be subject to the approval of the C~ty Manager or his designee prior to construction which approval shall not unreasonably be withheld Reproducible copies of all maps showing the location of all mains, pipes, laterals, and other appurtenant equipment shall be furnished to the City Manager (C) In determlmng the location of Company's pipeline within the City, Company shall minimize interference with then-existing underground structures of City or other utility franchisees Likewise, in determlmng the location of the facditles of the City and other utlhty franchisees within the City, City shall minimize interference with existing facilities of Company and shall request other utility franchisees to minimize interference with existing facthtIes of Company (D) When Company makes or causes to be made excavations or places or causes to be placed obstructions in any Public Right-of-Way or other public place, the public shall be protected by bamers and lights placed, erected, marked and mmntalned by Company in accordance with apphcable state and federal requirements Company shall repmr, clean up, and 8 restore to as good a condition as before commencement of work, all Public Rights-of-Way or other pubhc places disturbed dunng the construction and repair oflts gas distributing system In the event the Company falls to restore the Public Rights-of-Way or public places to as good a condition as before the commencement of the work and within a reasonable time, the City may restore or maintain same, after giving the Company thirty (30) days' written notice, provided however that if the Company is proceeding diligently to restore the property, the time for restoration shall be extended for such time as is necessary for the Company to complete the restoration If the Company falls to restore the Pubhc Rights-of-Way or pubhc places appropriately, the Company will receive a bill for the cost of the City repalnng same The Company shall, wltlun thirty (30) days after receiving such ball, pay the actual cost for such service After the third such instance of a failure, and in each instance of failure thereafter, to restore the Public Raght of Way or public places appropriately in any calendar year, the City may include a penalty of up to ten pement (10%) of the C~ty's cost of repairs Any penalty of less than One Hundred Dollars ($100 00) shall be waived as de mmtmus (E) If Oty abandons any Public ~ght-of-Way in which Company has facilities, Company shall have the right to continue its use of the former Public Pdght-of-Way upon reasonable conditions to be determined by the City (F) The Company will insure agmnst all the risks undertaken pursuant to tbas franchise including general habfllty insurance with a combined single limit of $1,000,000 per occurrence Such ~nsurance may be in the form of selfqnsurance to the extent permitted by applicable law, under a Company approved formal plan of self-insurance maintained in accordance with sound accounting and risk-management practices Such insurance coverage or plan of self-insurance is sub3 ect to the approval of the Risk Manager of the City, whose approval shall not be unreasonably 9 wtthheld or delayed A certfficate oftnsurance shall be prowded to the Ctty annually, no later than October 1~t for each year dunng the term of Company's franchise, evtdenc~ng such coverage, and additionally w~thtn thirty (30) calendar days of any substantial changes ~n the nature of ~ts coverage under th~s Section Should Company elect to self-tnsure, tts annual nottce to the C~ty shall contmn ~nformatmn clearly ~dentffytng the process for fihng a clatm agmnst such coverage The C~ty acknowledges that Company ts selfqnsured or desires the abthty to be self- ~nsured Nothmg here~n prevents the Ctty from agreetng to substitute selfqnsurance coverage for the prewously hsted coverage reqmrements, upon proof of such selfqnsurance submitted to the Ctty, and such agreement shall not be unreasonably w~thheld SECTION 11 MAPPING OF DISTRIBUTION SYSTEM The Company shall w~th~n one (1) year after the granting ofth~s franchise file w~th the C~ty Manager or h~s designee a map or maps tn convement book, atlas form, or dtgttal format 0f avadable and requested by C~ty) or shall correct and bnng up to date any map or maps now on file 0ncluthng prowdmg the map or maps ~n d~g~tal format, tf avmlable and requested by the Ctty) The maps shall show with reasonable detml Company's enttre gas d~stnbut~ng system ~n the C~ty, as same then extsts, which shall ~nclude the locatmns and dtmensmns and depths, to the extent reasonably possible, of all mmns, p~pes, manholes, connectmns w~th premises and other apparatus employed by Company, and wfuch map shall be corrected and brought up to date by Company annually The tnformat~on provided pursuant to thts paragraph shall be based on Company' s ongmal tnstallatmn specfficattons unless otherwme noted It ~s further agreed by Ctty and Company that prowston ofthts mformat~on does not reheve the Company, C~ty or other third parhes from an obhgat~on to uUhze all appropriate procedures to locate underground famhttes, including the obhgatmn to notify a notfficatmn center estabhshed pursuant to Tex Utdtty Code Chapter 251, prior to conducttng work tn the right of way such as excavating, 10 drllhng, underground bonng, jacking, or open cutting SECTION 12 RELOCATION OF COMPANY EQUIPMENT (A) If the City m constructing ~ts sewers, streets, utdlt~es or other public works should require any mmns, pipes or other System famht~es or equipment to be shifted or relocated, such mains, pxpes or other System eqmpment shall be t~mely shifted or relocated by Company at ~ts own expense as and when reqmred by the City The C~ty shall not require Company to remove the facdlt~es entirely from a street, sidewalk, curb, alley, highway, or pubhc way unless suitable alternatives are available for relocation of its fatalities (B) When the Company ~s reqmred by the C~ty to remove or relocate its mmns, laterals, and other System famht~es or eqmpment to accommodate construction ofPubhc Raghts- of-Way or other public or City-owned facd~t~es and the Company is ehglble for reimbursement or surcharge under federal, state, county, local or other programs for reimbursement of costs and expenses recurred by the Company as a result of the ordered relocation, and the apphcatlon for relmbttrsement or surcharge ~s reqmred by statute, written governmental pohc~es, or rules to be filed and processed by the City, the C~ty shall make reasonable efforts to timely and promptly not~fy the Company of any apphcatlon deadhnes of which it may be aware, and Company costs and expenses shall be tncluded in any apphcatton by City for reimbursement, tfCompany submits its costs and expense documentation to the C~ty prior to the fihng of the apphcat~on Nothing herein shall be construed to prohibit, alter or modify in any way the right of the Company to seek or recover a surcharge pursuant to Section 104 ! 12 of the Texas Utdlt~es Code SECTION 13 LAYING OF LINES IN ADVANCE OF PAVING (A) Whenever the City shall conclude to pave any Public R~ght-of-Way ~n whmh mains and p~pes already exist or m which Company may propose to lay ~ts mains or p~pes, the Company may be required, at no expense to the C~ty, ~n advance of such paving, to renew such 11 mmns or pipes, ~f defective or inadequate in size p~pes and to lay service hnes, or renew same, if inadequate in s~ze or defective, to the property lines where buildings are already located without regard to the number of customers along the hne (B) The Company shall be g~ven one hundred twenty (120) days' written notice of the lntentmn of the City to pave any such Public Right-of-Way and specifying the new locations for the hnes Within one hundred twenty (120) days from receipt of such notice, the Company shall ~mtlate work and thereafter proceed ~n a workmanhke manner to completion of the necessary work If the Company should fall to so proceed, and such street or alley is thereupon paved, except in an emergency, the Company shall for two (2) years thereafter not be allowed to cut such pavement or excavate in such paved street or alley for any purpose, except by written permission of the City Manager under such terms and conditions as the City Manager may reasonably subscribe SECTION 14 CONFLICTING FRANCHISES If the Company, in laying its p~pes, shall come into confhct w~th the rights of any other person or corporation hawng a franctuse from the City, the City Council shall decide all questions concerning the conflmtlng rights of the respective parties, and shall determine the location of the structures of the stud part,es and shall reconcile their differences The Company records shall be avtulable to City for review and mspectlon for compliance with th~s franchise at reasonable times and upon reasonable notice SECTION 15 INSTAI,I,~TION OF METER Company shall ~nstall upon or ~mmedlately adjacent to the premises of each remdentml customer a meter of standard type for the purpose of accurately measunng the gas consumed by such customer Ifa meter ~s ~nstalled in or near the Pubhc Rights of Way, Company agrees to d~scuss with the C~ty Engineer or his delegate the aesthetms ofthe meter placement Ifagreement 12 cannot be reached, the Company may ~nstall standard eqmpment SECTION 16 EXTENSIONS FOR RESIDENTIAL CUSTOMERS Company shall be reqmred to extend distribution matns ~n any street up to one hundred (100) feet for any one res~dentml customer, m accordance w~th ~ts extension pohcy that has been approved by the Ctty, prowded, however, ~f the anticipated connected load ~s calculated to prohibit Company a reasonable return on ~ts ~nvestment as may be allowed by statute, law, or regulation and the prows~on of serwce ~s not economtcally feasible, the cost of such extension shall be borne by customer Company shall not be reqmred to extend transmission mmns ~n any Pubhc Raghts-of-Way within C~ty or to make a tap on any transmission mmn w~thm C~ty unless Company agrees to such extension by a written agreement between Company and a customer SECTION 17 DUTY TO SERVE The Company hereby agrees that ~t w~ll not arbitrarily refuse to prowde servme to any one that ~t ~s economically feasible for the Company to serve In the event that a party ~s refused servme, smd party may request a heanng before the C~ty Council of the City, said heanng to be held w~tlun forty-five (45) days from the date of the request for heanng The Council may order the Company to prowde servme, amend the franchxse or take any other action necessary to bnng the Company ~nto comphance w~th the ~ntent of the Council m granting th~s franchise, ~nclud~ng termination or forfeiture ofthe franchtse ~n accordance w~th Section 25 The Council shall render ~ts op~mon at ~ts next regular meeting but ~n no event shall ~t be reqmred to act ~n less than seven (7) days SECTION 18 RATES Company shall furnish reasonably adequate service to the pubhc at reasonable rates and charges therefor and Company shall mmntmn ~ts System in good order and c°nd~tt°n Such rates shall be estabhshed ~n accordance w~th all apphcable statutes and ordinances Company shall 13 mmntmn on file w~th the C~ty cop~es of ~ts current tariffs, schedules or rates and charges, customer serwce prowsmns, and hne extensmn pohc~es The rates and charges collected from ~ts customers ~n the C~ty shall be subject to rewsmn and change by e~ther the C~ty or Company ~n the manner provided by law SECTION 19 INSTALLATION CHARGES, DEPOSITS AND OTHER COMPANY CHARGES (A) In addition to the rates charged for gas supphed and transported, Company may make and enforce reasonable charges, rules and mgulatmns for servme rendered ~n the conduct of ~ts bus~ness m accordance w~th ~ts tariffs, rate schedules, service pohc~es, and Quality of Servme Rules as approved by the C~ty and filed w~th the Texas Rmlroad Comm~ssmn Company may reqmre, before furmshmg servme, the execution of a contract for such servme (B) Company shall be entitled to reqmre each and every customer, before servme ~s commenced or reinstated, to satisfactorily estabhsh credit pursuant to the Company's Quahty of Service Rules as may be m effect dunng the term ofthts franchise Smd deposit shall be retmned and refunded m accordance w~th such Quahty of Service Rules and shall bear ~nterest, as prowded ~n Texas Rewsed C~wl Statutes Annotated, Artmle 1440a (Vemon's Supp 1990), mclud~ng any and all future amendments to smd Article Upon terra,natron o f servtce, Company shall be entffied to apply sa~d deposit, w~th accrued ~nterest, to any ~ndebtedness owed Company by the customer making the deposit (C) Company shall have the right to contract w~th each customer w~th reference to the installation of, and payment for, any and all of the gas p~p~ng from the connection thereofw~th the Company's matn m the right-of-way to and throughout the customer's premises Company shall own, operate and mmntmn all service hnes, whmh are defined as the supply hnes extending from the Company's mmn to the customer's meter where gas ~s measured by Company The customer 14 shall own, operate, and mmntmn all yard lines and house piping, which are defined as supply lines extending from the point of connection with the Company's customer meter where gas is measured to the point of connection with customer's house piping SECTION 20 PAYMENTS TO THE CITY (A) In consideration of the pnmlege and license granted by City to Company to use and occupy the Public Rights-of-Way in the City for the conduct of its business, Company, its successors and assigns, agrees to pay and City agrees to accept such franchise fees in the amount and manner described herein Such payments shall be made on a quarterly basis, on or before the forty-fifth (45th) day following the end of each calendar quarter The franchise fee shall be a stun of money that shall be equivalent to four pement (4%) of the quarterly Gross Revenues, as defined in Section 8(C), received by the Company from the sale of gas to its customers, including but not hrmted to residential, commercial, mdustnal, governmental, mumclpal and transportation service customers within the corporate hm~ts of City The first payment hereunder shall be due and payable on or before April 1, 2002, and shall be based upon Company' s Gross Revenues received dunng the calendar year ending December 31, 2001 and shall be payment for the nghts and privileges granted hereunder dtmng the period of January 1,2001 through December 31, 2001 Subsequent payments shall be due and payable quarterly thereafter on or before the fifteen (15th) day of the second month following the end of the calendar quarter upon which the payment is based and shall be payment for the rights and privileges granted hereunder during the calendar quarter in which payment is made, that it, the quarterly payments shall be as follows 15 Payment Quarter Upon Which Quarter For Which Due Date Payment Is Based Payment Is Made Mayl5 Jan 1-Mar 31 Jan 1-Mar 31 Aug 15 Apr 1-June30 Apr 1-June 30 Nov 15 July 1 - Sept 30 July 1 - Sept 30 Feb 15 Oct 1-Dec 31 Oct 1-Dec 31 Prowded, however, ff Company, prior to April 1, 2002, can provide the City with sufficient ewdence to demonstrate that Company's predecessor--Lone Star Gas Company--had been prepaying its franchise fee under the francbase entered into by the parties under Ordinance No 82- 56 so that each payment constituted a payment for the rights and privileges granted dunng the calendar year ~n which the payment is made, the pames agree to amend fins franchise to revise the quarterly payment schedule to reflect and account for the prepayment (B) The value of gas transported by Company for Transport Customers shall be determined as set forth in tNs paragraph Should the transportation customer fail or refuse to disclose or fummh such purchase price to Company, Company shall estabhsh same by utilizing 110% o~' the Houston Ship Channel index of prices for large packages of gas pubhshed each month m Insade FERC's Gas Market Report (or a successor pubhcatlon or another pubhcataon agreed upon by the C~t¥ and Company) for the period of t~me the transportation service is performed Company agrees to give to C~ty, upon Request, access to confidenUal information so removed m order for the City to verify the accuracy of the reformation provide to the City under the provlmons of this paragraph Failure or mablhty of Company to collect the 4% franchise fee from ~ts Transport Customers does not relaeve ~t of its responmbthty and obhgatmns to remit payment m the amount of 4% of value of such gas to the Oty 16 (C) The aforesaid franchise fee shall be in lieu of any and all other additional occupation taxes, mumclpal license, permit and inspection fees, street or alley rentals or charges, and all other and additional charges, levies, fees, and rentals of whatsoever kind or character which City may now impose or hereafter levy and collect from Company or Company's agents, save and except the Company's obligation to reimburse the City for stu'eet repairs and regulatory expenses in excess of $25,000 under Section 33 023 Public Utility Regulatory Act of Texas ("PURA" Tex Utll Code 33 023) or any successor law, and the payment of ad valorem taxes, sales and use taxes, special taxes, and assessments for public improvements, and any fees associated with the use of City-owned poles, which are not affected by Company's payment of franchise fees hereunder Franchise fees are payable by Company to City in additmn to general or specml ad valorem taxes which City is authorized to levy and impose upon real and personal property, sales and use taxes, and the special taxes and assessments and fees excepted above Should City not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of occupation taxes, licenses, fees, street or alley rentals or charges, easements or franchise taxes, then City agrees that it will apply so much of said sums of money pad as may be necessary to satisfy Company's obligations, if any, to pay such occupation taxes, hcenses, charges, fees or rentals (D) If the Company fails to pay when due any payment provided for in this Section, Company shall pay such amount plus interest at the current prime rate per annum, from such due date until payment is received by City The reimbursement of the City by Company for hmng experts in connection with the rate making process pursuant to state law for which the Company may be legally liable shall not be deducted from the gross receipts payment (E) Company shall not]fy the City of the ~dentlty of any customer of Company that changes from a tariffed rate to a contract rate with forty-five (45) days of such change 17 SECTION 21 BOOKS AND RECORDS (A) Company agrees that at the t~me of each quarterly payment, Company shall also submit to the C~ty a sworn statement showing 0) ~ts Gross Revenues for the preceding calendar quarter from the sale of gas to ~ts customers, ~ncludmg but not hm~ted to residential, commemml, ~ndustnal, governmental and municipal customers, w~th~n smd corporate hm~ts, ~ncludmg the amount of revenues received by Company for the transportation of gas, (n) the coded ~dent~ty of Company's transportation servme customers dunng the preceding calendar quarter, and (m) the value, volume, and transport fee of gas transported dunng the proceeding calendar quarter for such transportation servme customers, calculated ~n accordance wtth Section 20(B) above Upon request, C~ty shall have access at Company's office to the actual ~dent~ty of Company's Transport Customers and their supphers as long as such ~nfonnat~on shall remtun confidential, and no cop~es of such information may be made (B) C~ty may, ~f ~t sees fit, have the books and records of Company examined by a representative of stud C~ty to ascerttun the correctness of the sworn reports agreed to be filed here~n If such an examination reveals the Company has underpmd the C~ty, then City shall prowde Company written notfficat~on from C~ty regarding the existence of such underpayment, Company shall remit the amount of underpayment to City w~thm 10 days SECTION 22 RESERVATION OF RIGHTS. GENERAL (A) The City reserves to itself the right and power at all t~mes to exermse, ~n the ~nterest of the pubhc and m accordance w~th state law, regulatmn and control of Company's rates and services to ~nsure the rendenng of efficient pubhc servtce at reasonable rates, and the mtuntenance of Company's System in good reptur throughout the terms of this franchise (B) The rights, privileges, and franchises granted by th~s ordinance are not to be considered exclusive, and C~ty hereby expressly reserves the right to grant, at any ttme, hke 18 pnwleges, rights, and franchises as it may see fit to any other person or corporation for the purpose of furnishing gas for hght, heat, and power and for City and the inhabitants thereof (C) C~ty expressly reserves the right to own and/or operate its own system for the purpose of transporting, dehvenng, d~strlbut~ng, or selling gas to and for the C~ty and ~rLhab~tants thereof and may, in accordance w~th apphcable state law and the Denton City Charter, purchase this franchise from the Company SECTION 23 RIGHT TO INDEMNIFICATION AND TO BE ItELD HARMLESS The Company shall ~ndemmfy, defend and hold harmless the City and all of its present, future and former agents, employees, officials and representatives in their official, md~wdual and representative capacities from and against any and all habthty created by, anslng from or in any manner relating to the construction, operation, mmntenance, repmr or replacement of the Company's System and facilities or the use of the Public R~ghts-of-Way or ~n any way growing out of the granting of this franchise, either directly or ~ndlrectly, or by reason of any act, negligence, or nonfeasance of the contractors, agents or employees of the Company As used herein, the term "hablhty" ~ncludes, but is not limited to, any and all clmms, demands, causes of actmn, judgments, liens, and expenses (including attomey's fees, whether contractual or statutory), costs and damages (whether common law or statutory, and whether actual, punitive, consequentml or ~nc~dental) of any conceivable character, due to or arising from injuries to persons (mcluchng death) or to property (both real and personal) The ~ndemmty provided herein expressly includes any hablhty arising through the doctnnes of strict or products llab~hty and any hab~hty arising under the constitutions of the United States or Texas Upon the commencement of any suit or proceeding at law agmnst the C~ty relating to or covering any matter covered by this ~ndemmty, the C~ty shall tender the defense of smd stat or proceeding at law to the Company, and the Company shall thereupon at its own cost and expense defend, compromise, or settle the same 19 Any settlement involving a claim or cause of action against the City shall, unless otherwise agreed to by the City, release the City from any and all hablhty as a result of said claxm or cause of action This indemnity and hold harmless agreement shall not apply to any s~tuatlon to the extent the city is solely liable for the actions, suits or claims of injury or damage by reason of City's sole neghgence SECTION 24 RENEGOTIATION If either City or Company requests renegotlatlon of any term of this franchise ordinance, Company and C~ty agree to renegotlate ~n good faith revisions to any and all terms of this franchise ordinance If the parties cannot come to agreement upon any provisions being renegotlated, then the existing provisions of the franchise ordinance will continue m effect for the remmmng term of the franchise SECTION 25 TERMINATION (A) In addition to any rights set out elsewhere in this ordinance, the City reserves the right to terminate the franchise and all rights and privileges pertalmng thereto, in the event that the Company violates any material provision of the franctuse or the Company becomes insolvent, or is adjudged bankrupt (B) Procedures for Termmatlon (1) The C~ty may, at any time, terminate this franchise for a continuing material violation by the Company of any of the substantial terms hereof In such event, the City shall give to Company wnttan notice, specifying all grounds on which termxnatlon or forfeiture ~s claimed, by registered mall, addressed and delivered to the Company at the address set forth in Section 7 hereof The Company shall have sixty (60) days after the receipt of such notice within which to cease such violation and comply with the terms and provisions hereof In the event Company falls to cease such wolatlon or 20 otherwme comply wtth the terms hereof, then Company's franchtse ts subject to termination under the following prommons Promded, however, that, tf the Company commences work or other efforts to cure such vlolaUons w~thtn thtrty (30) days after receipt of written nottce and shall thereafter prosecute such curative work wtth reasonable dd~gence untd such curattve work ts completed, then such vtolaUons shall cease to extst, and the franchise will not be termmated (2) Termtnatton shall be declared only by written dectston of the Ctty Councd after an appropriate pubhc proceedtng whereby the Company ts afforded the full opportumty to be heard and to respond to any such nottce of violation or ftulure to comply The Company shall be provtded at least ten (10) days prior written not,ce of any pubhc heanng concermng the termmatton of the franchise In add~tton, ten (10) days not,ce by pubhcatmn shall be gtven of the date, ttme and place of any pubhc heanng to interested members of the pubhc, whmh nottce shall be prod for by the Company (3) The Ctty, after full public heanng, and upon findtng material vtolatmn or fmlure to comply, may termmate the franchtse or excuse the wolatton or fmlure to comply, upon a showtng by the Company of mlttgat~ng ctrcumstances or upon a showing of good cause of smd wolatlon or fmlure to comply as may be determtned by the Ctty Councd (4) Nothing heretn stated shall prevent the Ctty from seektng to compel comphance by stat ~n any court of competent junsdtctton if the Company fads to comply w~th the terms of thts franchise after due notme and the provtdtng of adequate t~me for Company to comply with smd terms SECTION 26 SEVERABILITY Th~s ordinance and every provtston hereofi shall be constdered severable, and the 21 ~nvahdlty or unconstitutionality of any section, clause, provision, or portion of this ordinance shall not affect the vahdlty or constltutlonahty of any other portion of this ordinance If any term or provision of this ordinance is held to be illegal, invalid or unenforceable, the legality, validity or unenforceabfllty of the remaimng terms or provisions of this ordinance shall not be affected thereby SECTION 27 NO WAIVER Either City or the Company shall have the right to waive any requirement contained in flus ordinance, winch is intended for the wmvmg party's benefit, but, except as otherwise provided herein, such wmver shall be effective only if in writing executed by the party for whose benefit such mqmrement is intended No waiver of any breach or violation of any term ofthls ordinance shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or a different type of breach or violation SECTION 28 EFFECTIVE DATE Ttus francluse shall be effective only after (a) its final passage by the City Council, (b) receipt by the City of Company's acceptance as provided by Section 2 herein, and (c) final publication as required by law The ordinance shall be passed by a majority vote of the entire City Council at three regular meetings of Counml The City Secretary shall pubhsh, at the Company's expense, the complete text of this ordinance m a newspaper of general mmulatlon Publication shall take place once each week for three consecutive weeks m the official newspaper pubhshed in the City of Denton The ordinance shall not become effective until three days after its final passage in accordance with the City Charter The above-referenced actions having taken place, the effective date of thru ordinance will be 22 PRESENTED, AND GIVEN first reading on the day of ., 2001, at a regular meeting of the City Council of the C~ty of Denton, Texas, and g~ven second reading, passed and approved on the __ day of , by a vote of__ ayes and __ noes at a regular meeting of the C~ty Council of the C~ty of Denton, Texas RONI BEASLEY, MAYOR PRO TEM ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY The City of Denton, Texas, acting herem by its duly constituted authorities, hereby declares the foregoing Ordinance passed on first reading on the 18'~ day o£September, 2001, and passed on second reading on the, day of ., 2001, and passed on third reading on the __ day o£ ,2001, and being finally effective as of the day of , /s/ Abstained /s/ Euhne Brock, Mayor Mark Burroughs, Council Member /si /si Rom Beasley, Council Member Perry McNefll, Council Member /s/ /s/ Jane Fulton, Council Member Mike Phflhps, Council Member /s/ Raymond Redmon, Council Member 23 The above and foregotng ordmance read, adopted on first reading and passed to second reading by the following votes, thts the 18a' day of September, 2001, at a regular session of the C~ty Counml Euhne Brock, Mayor, abstamed from voting Mark Burroughs, Council Member, voting aye Rom Beasley, Council Member, voting aye Perry McNe~ll, Council Member, voting aye Jane Fulton, Council Member, voting aye M~ke Ph~lhps, Council Member, voting aye Raymond Redmon, Council Member, votmg aye The above and foregoing ordinance read, adopted on second reading and passed to tturd readmg by the following votes, this the 16* day of October, 2001, at a regular session of the C~ty Counml Euhne Brock, Mayor, abstmned from voting Mark Burroughs, Council Member, absent Rom Beasley, Council Member, voting aye Perry McNelll, Council Member, votmg aye Jane Fulton, Counml Member, voting aye M~ke Phillips, Council Member, voting aye Raymond Redmon, Council Member, voting aye 24 The above and foregoing ordinance read, adopted on third reading and passed by the following votes, th~s the day of ,2001, at a regular session of the City Council Euhne Brock, Mayor, abstmned from voting Mark Burroughs, Council Member, voting Rom Beasley, Counc;1 Member, voting Perry McNe~ll, Counml Member, voting Jane Fulton, Counml Member, voting Mike Plulhps, Cotmml Member, voting Raymond Redmon, Counml Member, voting 25 ACCEPTANCE WHEREAS, the City Council of the City of Denton, Texas, did on the day of ., 2001, enact an Ordinance entitled AN ORDINANCE GRANTING TO TXU GAS DISTRIBUTION, A DIVISION OF TXU GAS COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH, TRANSPORT AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, FOR THE TRANSPORTING, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID MUNICIPALITY FOR ALL PURPOSES, PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE STREETS, ALLEYS, AND PUBLIC WAYS, REPEALING ALL PREVIOUS GAS FRANCHISE ORDINANCES AND ORDINANCES IN CONFLICT HEREWITH, PROVIDING THAT IT SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES, PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATIONS UNDER WHICH SUCH FRANCHISE SHALL BE EXERCISED, PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE WHEREAS, smd Ordinance was on the___ day of ,2001, duly approved and subscribed by the Mayor Pro Tern of stud City, and the seal of stud City was thereto affixed and attested to by the City Secretary, NOW, THEREFORE, TXU Gas Distribution, a division of TXU Gas Company, hereby m all respects ACCEPTS, APPROVES AND AGREES TO stud Ordinance, and the same shall constitute and be a binding contractual obhgat~on of TXU Gas D~stnbutlon, a dlvts~on of TXU Gas Company, and of the City, without wtuver of any other remedy by TXU Gas Dlsmbutlon, a division of TXU Gas Company, or the City, and TXU Gas Distribution, a division of TXU Gas Company does hereby file th~s, ~ts wnttan acceptance, with the City Secretary of the Oty of Denton, Texas, m her office. DATED this the day of ,2001 TXU GAS DISTRIBUTION, a thvlsion of TXU GAS COMPANY By 26 ATTEST ACCEPTANCE FILED ~n the Office of the City Secretary of the C~ty of Denton, Texas, this the day of ., 2001 Jennifer Walters, Clty Secretary 27 AGENDA INFORMATION SHEET AGENDA DATE: November 27, 2001 DEPARTMENT City Manager's Office CM. Mike Conduff, City Manager SUBJECT Consider nonnnatlons and appointments to the City's Boards and Commiss~ons BACKGROUND The following is a hst of current Board/Commission vacancies/nominations Adrienne Norris on the Library Board has resigned This is a nom~natlon for Council Member Burroughs Robert Tankersley on the Traffic Safety Comnnsslon has resigned This as a nommanon for Council Member Phflhps If you require any further information, please let me know Respectfully submitted ecretaYy