1995-058E:\WPDOCS\0RD\FREIL.ZON
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE
LAW FIRM OF FREILICH, MORGAN, LEITNER AND CARLISLE RETAINING SUCH
FIRM TO PROPOSE REVISIONS TO THE CITY OF DENTON ZONING ORDINANCE
BASED ON THE RECOMMENDATIONS OF THE ZONING ORDINANCE TASK FORCE;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City City Manager is hereby authorized to
execute an agreement between the City of Denton and the law firm of
Freilich, Morgan, Leitner and Carlisle retaining such firm to
propose revisions to the City of Denton Zoning Ordinance based on
the recommendations of the Zoning Ordinance Task Force.
SECTION II. That the expenditure of funds in the amount of
Twenty-five Thousand Dollars ($25,000.00) is hereby authorized.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the~//~ day of /~~ , 1995.
BOB~B~~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APP O~VED AS~TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
LAW OFFICES
FREILICH, MORGAN, LEiTNEP. ~ CARLISLE
mc.^~,o (~. C^~L,SL~:, ~'.c.' 5001 LBJ FP~EE'k,X/AY
sT£p~¢N J. Moon£, P.c.' DALLAS, TEXAS 75244-G131 ~.s~s CITY, ~4~$SOUR164, 12-3o1~
March 8, 1995
Mr. Harry N. Persaud, AICP
Senior Planner
Planning and Development Department
215 E. McKinney
Denton, TX 76201
Re: Zoning Ordinance
Letter Agreement
Dear Harry:
This letter agreement sets forth the scope of legal services to be rendered to the City in
conjunction with the proposed revision to the City's Zoning Ordinance. The agreement has been
prepared in duplicate originals. A signature line for acknowledgement by the City Manager appears at
the end of the letter. If the City is in agreement with the terms, please have one of the copies executed
and returned to me. I will proceed with services on receipt of a signed copy of the agreement, or upon
your notification that the agreement has been executed by the City.
LETTER AGREEMENT
GENERAL DESCRIPTION OF SERVICES
Freilich, Morgan, Leitner & Carlisle (hereinafter "Legal Consultant") shall, in cooperation with
the City Attorney, render legal advice to and assist the City of Denton (hereinafter "City") in the review,
revision and adoption of the text of the City's zoning ordinance.
II. DETAILED TASK DESCRIPTIONS
Task 1. Review and Evaluation of Draft Ordinance
FR. EILICH, ~OFLGAN, LEITNEI~ ~ CAP. LISLE
1.1 The Legal Consultant will attend an orientation meeting with City officials to
discuss the context of the zoning ordinance and its relationship to the Denton
Development Plan and zoning map. Key issues to be investigated by the Legal
Consultant will also be identified.
1.2 Following the orientation meeting, the Legal Consultant will review and evaluate
the proposed zoning ordinance.
1.3 The Legal Consultant will prepare a report summarizing the results of its
investigation, including both legal and practical considerations involving the
following:
(a) the relationship between the zoning ordinance and the Denton
Development Plan
(b) the relationship of the zoning ordinance to the zoning map
(c) zoning procedures and any foreseeable implementation problems
(d) the structure of the zoning districts with special emphasis on the Mixed
Use District
(e) compliance of the zoning ordinance with all federal and state laws
(0 the user friendliness of the format of the zoning ordinance
(g) the treatment of vested rights and non-conforming uses
(h) safeguards to avoid and prevent litigation.
1.4 The Legal Consultant will meet with City officials and the citizen task force to
discuss the report, identify issues that need to be reviewed by the Planning and
Zoning Commission and City Council, and assist the City in devising an
implementation plan for the remainder of zoning ordinance.
1.5 The Legal Consultant will brief the Planning and Zoning Commission and the
City Council in a joint work session.
It is anticipated that three meetings will be required to complete this phase.
Task 2. Assistance in Producing the Second Draft of the Zoning Ordinance
2
FREILICH. MORGAN, LEITNER ~g CARLISLE
2.1 The Legal Consultant, based on the discussions with City officials and the citizen
task force, will assist in redrafting any necessary revisions to the zoning
ordinance.
2.2 The Legal Consultant will review and evaluate the second draft of the zoning
ordinance.
2.3 The Legal Consultant will meet with City officials to resolve any remaining issues
and finalize the second draft of the zoning ordinance.
It is anticipated that one meeting will be required to complete this phase.
Task $. Adoption Process
3.1 The Legal Consultant will assist the City staffin presenting the revised text of the
zoning ordinance to the Planning and Zoning Commission at public hearing.
3.2 The Legal Consultant will assist the City staffin presenting the revised text of the
zoning ordinance to the City Council at public hearing.
3.3 The Legal Consultant will make necessary revisions to the zoning ordinance text
in accordance with the decision of the City Council.
3.4 The Legal Consultant will assist City officials in developing a strategy to map the
new zoning ordinance.
It is anticipated that two meetings will be required to complete this phase.
m, PROJECT SCHEDULE
Task 1 will be completed within five (5) weeks after the Legal Consultant is given the notice to
proceed by the City
Task 2 will be completed five (5) weeks after completion of Task 1.
The completion time for Task 3 will depend on the extent of public review intended by the City
and the amount of time necessary to properly notice the public heatings required to adopt the
new ordinance. It is anticipated that the adoption process will last approximately two (2)
months, commencing after review and revision of the second draft of the zoning text.
IV. PERSONNEL
3
FR`EILICH, MOR,GAN, LEITNER` ,g CAR`LISLE
Services under this agreement will be rendered principally by Terry D. Morgan, resident Texas
partner, from the firm's Dallas office at the above listed address, and associates working directly under
him.
V. COMPENSATION
The City will compensate the Legal Consultant for legal services rendered and expenses incurred
in accordance with the above described scope of services, in an amount not to exceed twenty-five
thousand dollars ($ 25,000.00), without express written authorization from the City Manager.
Compensation for such services will be on a time and expenses basis, at the rate of $175 per hour for
partners and $75 to $100 per hour for associates. It is anticipated in the scope of services that a total
of six (6) meetings will be required to complete this project. Additional meetings will require
additional compensation at the above listed hourly rates, subject to authorization by the City Manager.
Invoices describing time and expenses incurred will be mailed to the City on a monthly basis. Payment
shall be made within thirty (30) days of the date of such invoice.
VI. AMENDMENTS
This agreement represents the entire agreement of the parties. The agreement may be modified
by mutual consent of the parties and any such amendments shall be memorialized in writing.
VII. TERMINATION
The City or the Legal Consultant may terminate this agreement for any cause upon thirty (30)
days written notice.
Sincerely yours,
Terry D. Morgan for
FREILICH, MORGAN, LEITNER & CARLISLE
Acknowledged:
Denton City Manager