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1994-012, e:\wpdocs\ord\firecod2.o ORDINANC NO. AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR THE ADOPTION OF THE UNIFORM FIRE CODE, 1991 EDITION; PROVIDING FOR AMENDMENTS THERETO; RE- ESTABLISHING PERMIT FEES; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Article I of Chapter 29 of the Code of Ordinances is amended to read as follows: ~RTICLE I. GENERAL PROVISIONS Section 29-1. Uniform Fire code -- Adopted. There is hereby adopted by the city of Denton, Texas for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, that certain Codes and Standards known as the uniform Fire Code, including Appendices I-C, II-B, II-C, II-D, II-F, IV-A, IV-B, V-A, VI-A and VI-B, and · 1 the uniform Fire code Standards, published by the Internatlona Fire Code Institute and International Conference of Building officials, being particularly the 1991 editions thereof and whole thereof, save and except such portions are hereinafter deleted, modified or amended by Section 29-2 of this ordinance. A copy of the Code and Standards are now filed in the office of the city Secretary and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Denton and within 5,000 feet thereof, where specified therein. Section 10-2. Amendments. The Uniform Fire Code, as adopted in section 29-1, is hereby amended as follows: A. By the deletion of the followlng sections in their entirety~ 1. Sec. 2.103, Fire Prevention Bureau 2. Sec. 2.104, Fire Prevention Engineer or Fire Marshal 3. Sec. 77.104, Bond 4. Sec. 78.203 (c), Bond B. By the amendment of the Uniform Fire code as follows~ (1) The amendment of Section 2.109, Liability, by adding a third paragraph which reads as follows: Ail regulations provided in this Code are hereby declared to be governmental and for the benefit of the general public. Any member of the city Council, any city official or employee, or any member of the Building Code Board charged with the enforcement of this code, acting for the city in the discharge of his duties, shall not thereby render himself personally liable, and he is hereby relieved from all personal liability for any damage that may occur to persons or property as a result of any action required or permitted in the discharge of his duties. Any suit brought against such official or employee because of such act performed by him in the enforcement of any provisions of this Code shall be represented by the City of Denton through its designated attorney until the final adjudication of the proceedings. (2) The amendment of the last sentence of Section 2.102(b), Inspection and Unsafe Buildings to read as follows~ All such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified in the Minimum Housing and Building Standards Code, Chapter 28 of the City of Denton. (3) The creation of a new Section 2.201 (c) titled Frequency of Inspection to read as follows: The Fire Marshal or his designated representative shall inspect at least twice annually all buildings or premises, or portions thereof, used for nonresidential group occupancies, including hotels, lodging houses and congregate residences, as defined by the Uniform Building Code, and at all other premises as may be necessary, including such other hazards or appliances as the chief may designate, for the purpose of ascertaining and causing to be corrected any condition which would reasonably tend to cause a fire or contribute to its spread, or any violation of the scope of this Code, and any other law or standard affecting fire safety. 2 (4) The amendment of 8eotion 2.303, Board of Appeals, to read as follows= In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this Code, the Building Code Board as created and organized under Chapter 28 of the Code of Ordinances shall pass upon all pertinent matters. Whenever the Fire Marshal disapproves an application or refuses a permit applied for, or whenever it is claimed that the provisions of this Code do not apply or that the true intent or meaning of the Code have been wrongly misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Marshal to said Board within thirty (30) days from the date of the decision appealed. In addition to such Board, the Fire Marshal may request the additional members be appointed for specific rulings or interpretations. Such members shall be voting, ex- officio members and appointed by the Chairman of the Building Code Board to assist in the determination and/or ruling of a specific issue or case. Such appointments shall be temporary until the ruling is rendered. No more than two (2) members shall be appointed, each having experience in the matter of question. The Board shall adopt reasonable rules and regulations for conducting its investigation and shall render all decisions and finding in writing to the Fire Marshal with duplicate copy to the appellant and may recommend to the city Council such new legislation as is consistent therewith. (5) The amendment of 8eotion 3.101, Unlawful Continuance of Fire Hazard, to read as follows= Any person operating or maintaining any occupancy, premises or vehicle subject to this Code who shall permit any fire hazard to exist on the premises under his control or who shall fail to take ~immediate action to abate a fire hazard when ordered or notified to do so by the chief or his duly authorized representative shall be guilty of a separate offense for each and every day or portion thereof which any violation of any of the provisions of this Code is committed or continued. A person convicted of a violation of any provision of this Code shall be guilty of an offense punishable by a fine not to exceed two thousand dollars ($2,000). 3 (6) The amendment of Section 4.108, Permit Required, to read as follows~ A permit shall be obtained from the bureau of fire prevention prior to engaging in the following activities, operations, practices or functions: a.1. Automatic Fire Alarm Systems, Automatic Fire Extinguishing Systems and Standpipe Systems. To install, construct, modify or alter any automatic fire alarm system, automatic fire extinguishing system or standpe system; provided however that the permit required herein shall not apply to the installation of single-station smoke detectors in R-1 and R-3 occupancies. h.1. Bowling pin or alley refinishing. To conduct a bowling pin refinishing or bowling alley resurfacing operation involving the use and application of flammable liquids or materials. See Article 26. c.1. Candles and open flames in assembly areas. To use open flames or candles in connection with assembly areas, dining areas of restaurants or drinking establishments. For definition of ASSEMBLY, see Article 9. See Article 25 for open flames and candles. c.2. Carnivals and fairs. To conduct a carnival or fair. See Article 25. The chief is authorized to require plans of the grounds to be submitted. f.1. Fire hydrants and water-control valves. To use a fire hydrant to operate a water-control valve intended for fire-suppression purposes, see Article 10. f.2. Fireworks. For permits for fireworks, see Article 78. f.3. Flammable or combustible liqulds. See Article 79. A. To use or operate, repair or modify a pipeline for the transportation of flammable or combustible liquids. B. To store, use or handle Class I liquids in excess of 5 gallons or in a building or in excess of 10 4 gallons outside of building, except that a permit is not required for the following: (i) The storage or use of Class I liquids in the fuel tank of motor vehicles, aircraft, motor boats, mobile power plants or mobile heating equipment, unless such storage, in the opinion of the chief, would cause an unsafe condition. (ii) The storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days. C. To store, handle or use Class II or Class III-A liquids in excess of 25 gallons in a building or in excess of 60 gallons outside of a building, except for fuel oil used in connection with oil-burning equipment. D. To remove Class I or II liquids for an underground storage tank used for fueling motor vehicles by any means other than approved, stationary on-site pumps normally used for dispensing purposes. E. To install, construct, alter or operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used. F. To install, alter, remove, abandon, place temporarily out of service or otherwise dispose of flammable or combustible liquids. G. To change the type of contents stored in a flammable or combustible liquid tank to a material other than that for which the tank was designed and constructed. h.1. High-piled combustible stock. To use any building or portion thereof exceeding 2,500 square feet for high-piled combustible storage. A floor plan showing the dimensions and location of stockpiles and aisles shall be submitted with the applications for such permits. See Article 81. i.1. Liquid- or gas-fueled vehicles or equipment in assembly buildings. To display, compete or demonstrate liquid- or gas-fueled vehicles in assembly buildings. See Article 25. 5 m.1. Mall, Covered. See Article 35. To use a covered mall in the following manner: A. Placing or constructing temporary kiosks, display booths, concession equipment or the like in the mall. B. To use a mall as a place of assembly. C. To use open-flame or flame-producing appliances. D. To display any liquid- or gas-fueled equipment. o.1. occupant Load Increase. To allow an increase in occupant load over the posted limits for special situations or event. See Article 12. o.2. Open burning. To conduct open burning. When burning is conducted on public property or the property of someone other than the permit applicant, the applicant shall demonstrate that permission has been obtained from the Texas Air Control Board, the owner, or the owner's authorized agent. When limits for atmospheric conditions or hours restricting burning, such limits shall be designated in the permit restrictions. See Article 11. p.1. Pyrotechnical special effects material. For permits for pyrotechnical special effects material, see Article 78. s.1. Spraying or dipping. To conduct a spraying or dipping operation utilizing flammable or combustible liquids and regulated by Article 45. t.1. Tents, canopies and temporary membrane structures. To erect or operate a tent or air supported membrane structure having an area in excess of 200 square feet, or a canopy in excess of 400 square feet, except for structures used exclusively for camping. See Articles 12 and 32. (7) The creation of a new Section 4.109 titled Fire Inspection and Permit Fees, which shall read as follows: (a). Inspection Fees. The occupant, lessee or person making use of any building or premises, or portion thereof, is required to be inspected in accordance with Section 2.201 (c) of this Code, as amended. Each semi-annual inspection performed 6 pursuant to Section 2.201 (o) of this Code, as amended, shall be performed free of charge. If the Fire Marshal or his designee observes a violation of this chapter and performs a follow-up inspection to determine whether a violation or violations observed during the previous inspection have been corrected, a fee shall be charged, and the occupant or lessee shall pay said fee within 30 days of being billed therefore as condition to continue lawful occupancy of the building or dwelling to be inspected. Said fee shall be based upon the amount of interior area of the building leased, occupied or used by the person. The fee shall be in an amount established, and from time to time amended, by ordinance of the city Council, a copy of which shall be kept on file with the City Secretary. Follow-up inspection fees for common areas of such buildings or premises shall be charged to and paid by the owner in accordance with the area inspected. (b) Permit and Permit Fees. Any permit required by Article 4 of the Code, as amended herein, or any permit required by subsection (c) thereof, shall be issued only upon payment of a permit fee in an amount established, and as from time to time amended, by ordinance of the City Council, a copy of which shall be kept on file with the City Secretary. (c) Fire Protection Appliances and Systems. In addition to the permits required by Article 4 of the Code, as amended herein, any person, company or business performing the following services shall be required to obtain an annual permit: 1. Operation of a fire extinguisher sales and service company or business. 2. Operation of a fire alarm sales and service company or business. 3. Operation of a fire extinguishing system company or business. Such permits shall be issued upon proof that the applicant complies with all applicable requirements of state law, as amended from time to time. (8) That the definitions of Fire Prevention Bureau, Building code, chief, and jurisdiction in Section 9.104 ere amended to read as follcws~ BUREAU OF PIRE PREVENTION is the office of the city Fire Marshal. BUILDING CODE is the 1991 edition of the uniform Building Code. CHIEF is the City Fire Marshal. JURISDICTION is the city of Denton, Texas. (9) The amendment of Section 9.104 to add a new definition titled Fire Lane to read as follows: FIRE LANE is a Fire Apparatus Access Roadway, on private property or within the public right-of-way, which provides unobstructed passage for fire apparatus responding to or engaged in emergency fire, rescue or medical operations. (10) The amendment of Section 10.202, Plans, to read as follows~ When fire lanes are required in accordance with the provisions of this Division, the owner shall submit a fire lane site plan to the Fire Marshal at the time of making application for the building permit. A copy of each approved fire lane site plan shall be kept on file with the Fire Department. Construction of the building shall not commence until the fire lane is reviewed and approved by the Fire Department. (11) The amendment of Section 10.203, Required Access, to read as follows~ Fire apparatus access roads and fire lanes shall be provided and maintained in accordance with the provisions of article V of chapter 11 of the Code of Ordinances. (12) The amendment of Section 10.204 (b), Surface, to read as follows~ Fire apparatus access roads shall be designed and maintained in accordance with the provisions of article V of chapter 11 of the Code of Ordinances. 8 (13) The amendment of Section 10.204 (c), Turning Radius, to read as follows= (c) Turning radius. The minimum required turning radius for fire apparatus access roads is 57 feet. The internal turning radius shall be a minimum of 35 feet. (14) The deletion of Section 10.205, Obstruction. (15) The amendment of Section 10.206, Marking, to read as follows= The Fire Marshal is hereby authorized and empowered to establish and designate fire lanes in accordance with the provisions of section 3802 of the uniform Euilding Code, as set forth in article I of chapter 28 of the Code of Ordinances. (1G) The creation of a new section titled Required Fire Flow, Section 10.404, which shall read as follows= (a) Required Fire Flow. 1. When Required. Every development shall provide adequate water capacity for fire protection purposes. Unless buildings in the development are provided with fire protection by means of an approved automatic sprinkler system in accordance with Division V of this Article, each development shall provide the minimum fire flow calculated at a minimum residual pressure of 20 PSI. The required demand shall be in accordance with Table No. 10.404-A. TABLE NO. 10.404-~ REQUIRED FIRE FLOW DEMAND FOR DEVELOPMENTS Land Use Flow (GPM) High-intensity commercial and 3,000 industrial Medium-intensity commercial 1,500 Medium-intensity residential 750 Low-intensity residential 500 2. Duration. The minimum duration for required fire flow shall not be less than 2 hours. 9 (b) Automatic Sprinkler Protection. If sufficient water supplies exist to satisfy the sprinkler demand as calculated by the Insurance Service office Fire Flow Formula, as amended, the minimum water capacity required by Section 10.404 (a) i may be reduced by fifty percent, except that in no case shall the minimum capacity be reduced to less than 500 gallons per minute (GPM). (17) The amendment of Section 10.507, Required Installations of Automatic Fire Extinguishing Systems, to read as follows~ An automatic fire-extinguishing system shall be installed and maintained in each occupancy is required by the provisions of section 3802 of the Uniform Building Code, contained in division I of article II of Chapter 28 of the Code of Ordinances. (18) The amendment of Section 10.508, Sprinkler System Supervision Alarm, to read as follows~ Ail valves controlling the water supply for automatic sprinkler systems and water-flow switches on all sprinkler systems shall be installed and maintained in accordance with the provisions of section 3802 of the Uniform Building Cede, contained in division I of article II of chapter 28 of the Code of Ordinances. (19) The amendment of Section 10.509, Permissible Sprinkler omissions, to read as follows~ Subject to the approval of the Fire Marshal, sprinklers may be omitted in rooms or areas where the application of water to the contents may constitute a serious threat to life or fire hazard. (20) The amendment of Section 10.510, Standpipesv to read as follows= Standpipes shall comply with the requirements of section 3802 of the Uniform Building Code, as amended. (21) The amendment of Section 10.511, Basement Pipes, to read as follows~ Permitted Contruction alternatives shall be allowed in accordance with the provisions of section 3802 of the Uniform Building Code, as contained in division i of article II of chapter 28 of the Code of Ordinances. 10 (22) The amendment of Section 77.107 (a), Prohibited and Limited Acts, to read as follows~ Explosive materials shall not be manufactured without authorization by the chief. Explosive materials shall not be stored within the limits of the City of Denton and within its extraterritorial jurisdiction. The chief is authorized to limit the quantity of explosive materials permitted at any location. (23) The amendment of Section 78.202, Prohibition, to read as follows~ (a) Except as provided otherwise herein, no person shall possess, store, offer for sale, expose for sale, sell at retail manufacture or use or explode any fireworks within the city limits or within five thousand feet thereof. (b) A person may make use of fireworks for the purpose of a public fireworks display upon the issuance of, and in accordance with, a permit issued for such display pursuant to the provisions of article 5.43 of the Texas Insurance Code, as amended. (24) The amendment of Section 79.501, General, to read as follows: Storage of Class I and II liquids in aboveground tanks outside of buildings is prohibited outside of the limits of land use districts designated as Agricultural, Light Industrial District, Heavy Industrial District or Planned Development District, as identified in the City of Denton Zoning Ordinance -- Appendix B. (25) The amendment of Section 82.104 (b), Maximum Capacity within Established Limits, to read as follows: (b) Maximum Capacity within Established Limits. Within the limits of land use districts designated as Agricultural, Light Industrial District, Heavy Industrial District or Planned Development District, as identified in the City of Denton Zoning Ordinance -- Appendix B, the aggregate quantity of LP-Gas shall not exceed 150,000 gallons of LP-Gas (180,000 gallons of water capacity). The aggregate storage capacity of LP-Gas outside of these limits shall not exceed 2,000 gallons water capacity. 11 SECTION II. Any person who violates a provision of this Ordinance shall be guilty of a misdemeanor punishable by a fine not exceeding Two Thousand Dollars ($2,000). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION III. That the fees provided for in Section 4.109 of the Code adopted by this ordinance, originally adopted with the enactment of Ordinance No. 87-196, shall continue to be as follows: 1. Building Fire Safety Follow-Up Inspection fees provided for in Section 4.109: Interior Square Footaqe Fee 1 to 3,000 $ 15.00 over 3,000 to 6,000 $ 25.00 over 6,000 to 12,000 $ 35.00 over 12,000 to 18,000 $ 45.00 over 18,000 to 24,000 $ 60.00 over 24,000 to 100,000 $100.00 over 100,000 $200.00 If a second follow-up inspection fee is required because the violation has not been corrected, the following fees shall be charged: 1 to 3,000 $ 30.00 over 3,000 to 6,000 $ 50.00 over 6,000 to 12,000 $ 70.00 over 12,000 to 18,000 $ 90.00 over 18,000 to 24,000 $120.00 over 24,000 to 100,000 $200.00 over 100,000 $400.00 2. The fee for any permit required under Article 4 of the Fire Code, as amended, shall be $50.00 per permit, and $25.000 for each annual renewal, except as follows: a. There shall be paid a fee of $100 for the following permits: 1. Any alteration to an existing tank (combustible or flammable) 2. Outdoor burning, per day 3. Combustible or flammable liquid tank storage installation 12 4. Combustible or flammable liquid piping installation 5. Removal of combustible or flammable liquid tank b. There shall be paid a fee of $50 for the following: 1. Permit to install an automatic extinguishing (hood) system. 2. Acceptance inspection of automatic fire sprinkler (overhead) system. 3. Acceptance inspection of automatic fire sprinkler (fire line). 4. Inspection of private fire lines and hydrants. 3. There shall be paid a fee of $25 for each annual inspection of automatic extinguishing systems (hood systems). This fee shall be payable by the owner or occupant. 4. The permit fee for a temporary sales or display booth in the Golden Triangle Mall shall be $25. 5. There shall be paid a fee of $35 for each annual permit as provided for in Section 10-4(c). SECTION IV. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and city Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION V. That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. 13 SECTION VI. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the city Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, 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~ ' 1994-_, BOB CASTLEBERRY, Mayor ~ ATTEST: / JENNIFER WALTERS, CITY SECRETARY B . APPROVED AS TO LEGAL FO~: DEB~ A. D~YOVITCH, CITY ATTORNEY 14 contract No DACW63-80-C-0107 Modification No. P00001 SUPPLEMENTAL AGREEMENT TO CONTRACT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF DENTON, TEXAS FOR RECREATION DEVELOPMENT AT RAy ROBERTS (FO E Y AUBREY) AMD LEW SVILLE ES, TE S THIS SUPPLEMENTAL AGREEMENT, entered into the above date by and between the United States of America (hereinafter called the Government), represented by the contracting officer executing this Agreement, and the city of Denton, Denton county, Texas, (hereinafter called the City), WITNESSETH THAT: WHEREAS, the Government and the city desire to modify the original contract DACW63-80-C-0107, in accordance with the authorization of Section 101 of the Water Resources Development Act of 1990 (Public Law 101-640), to include acquisition and development of a Greenbelt Corridor between Ray Roberts Lake and Lewisville Lake in lieu of authorized recreational development at Lewisville Lake. NOW THEREFORE, the original contract dated August 15, 1980, is hereby modified in the following particulars and in no others: 1. Page l, first WHEREAS clause, first line, between "of and ,'Aubrey", insert "Ray Roberts Lake, formerly called." 2. page 1, between the third and fourth WHEREAS clause, insert the following WHEREAS clause: WHEREAS, the authorization for the Project was modified by Section 101 of the Water Resources Development Act of 1990 (Public Law 101-640), to include acquisition and development of a Greenbelt Corridor between Ray Roberts Lake and Lewisville Lake in lieu of authorized recreational development at Lewisville Lake; and 3. Page 1, fourth WHEREAS clause, first line, delete the words "Lewisville Lake", and substitute the words ,,the Greenbelt Corridor." 4. Page 1, fourth WHEREAS clause, third line, delete the word "Aubrey", and substitute the words "Ray Roberts." 5. Page 1, fourth WHEREAS clause, fourth line, delete the words .Lewisville Lake", and substitute the words "the Greenbelt Corridor." 6. Page 2, ARTICLE 1. Add the following definitions: e. Ray Roberts Lake recreation facilities.. Lands and facilities designated for recreational use at Ray Roberts Lake, exclusive of the Greenbelt corridor, and relocation of recreation facilities at Lewisville Lake required to accomodate the pool raise. f. Greenbelt Corridor. Lands and facilities designated for recreational purposes between Ray Roberts Lake and Lewisville Lake. Greenbelt corridor lands are shown in Figure 1, attached hereto and made a part hereof. 7. Page 2, ARTICLE 2a,' fifth line, following ,,DESIGN MEMORANDUM NO. 2," insert "as modified by the POST AUTHORIZATION CHANGE NOTIFICATION REPORT, and Supplements No. 1 and 2 to said report". 8. Page 2 ARTICLE 2b, end of last sentence, add "and Sequence No. 2 of the above referenced POST AUTHORIZATION CHANGE NOTIFICATION REPORT." 9. Page 2, ARTICLE 2c, first line, delete the word ,,city", and substitute the word ,,Government"; and delete the word ,,Government", and substitute the word "city". 10. Page 2, ARTICLE 2c, third line, between the word "will" and the word "depict ", insert the words ,,include the Greenbelt Corridor, and will." 11. Page 3, ARTICLE 2e, end of third line, change to read 6,964 acres". 12. Page 3, ARTICLE 2e, fourth line, following the word "areas", insert the words ,,inclusive of the Greenbelt Corridor." 13. Page 3, ARTICLE 3, first paragraph, first line, at the beginning of the first sentence insert the words ,,Exclusive of the Greenbelt Corridor". I4. Page 3, ARTICLE 3, first paragraph, fifth line, between the first and second sentence (city. In...), insert the sentence, "The city also shall pay sixteen and followin? e ' ' ' s twenty-flv one hundredths percent (16.25%) of the costs for the acquisition and development of the lands and facllltle outlined in the mutually acceptable Plan of Development of the Greenbelt Corridor; the Government will pay thirty-seven and one-half percent (37.5%) of these costs; the city of Dallas, Texas, shall pay forty-six and twenty-fiye one hundredths percent (46.25%) of these costs. The cost sharing percentages of the Government/Local Sponsors may be revised by future Federal legislation. At such time, this supplemental agreement shall be revised to reflect the new percentages." 15. Page 3, ARTICLE 3a., is retitled "Ray Roberts Recreation Facilities Initial Development." 16. Page 3, AF. TICLE 3a., third line, estimated cost of initial development is revised to $6,939,000. 17. Page 3, ARTICLE 3a. (1), end of paragraph, ,'the Project" is changed to read "Ray Roberts Lake." 18.' Page 3,'ARTICLE 3a. (2), third line, following the word ,,after", change to read: "~... all the Ray Roberts Lake recreation facilities..." 19. Page 4, ARTICLE 3a. (4), first line, the word ,,Project" is changed to read "Ray Roberts Lake recreation - facilities." 20. Page 4, ARTICLE 3a. (4), beginning of tenth line, before the word "the" insert the word "all"; following the word ,,facilities", insert the words "at Ray Roberts Lake." 21. Page 4, ARTICLE 3a. (4), twelfth line, the word ,,Project" is changed to read "Ray Roberts Lake recreation facilities." 22. Page 4, ARTICLE 3a(5), beginning of third line, before the word ,'the" insert the word "all"; following the word ,,facilities", insert the words "at Ray Roberts Lake". 23. Page 4, ARTICLE 3b. is retitled "Ray Roberts Lake Recreation Facilities Future Development". 24. Page 4, ARTICLE 3b(1), second line, between the word ,,development" and the word "to", insert the words ,,at Ray Roberts Lake." 25. Page 4, ARTICLE 3b(1), last line, the estimated cost of future development is revised to $3,926,000. 3 26. Page 5, ARTICLE 3b(3), second line, between the word ,,development" and the word ,'as", insert the words "at Ray Roberts Lake." 27. Page 5, add ARTICLE 3c, as follows: c. Greenbelt Corridor Development- Sixteen and - the city's share, of ' e twenty-flv one hundredths percent (16.25%), the estimated separable costs of Greenbelt corridor Development participated in by the city is estimated to be $1,687,000. This amount shall be paid to the Government by the city as follows: (1) There shall be deducted from the City's share an amount equal to the sum of the fair market value of any lands or facilities provided by the city (such value being determined as of the date such lands or facilities were provided and not including enhancement due to the Project) and any cash expenditures made by the city toward the separable cost of the Greenbelt Corridor. (2) The amount of the city's share remaining after such deduction shall be paid to the Government with interest on the unpaid balance within fifty (50) years after the Greenbelt Corridor is first available for useful operation, such repayment shall be made annually in such'equal amounts as to complete repayment within such fifty (50) year period. (3) Interest during construction and interest on the unpaid balance shall be at the rate to be determined by the Secretary of the Treasury of the United states as of the beginning of the Government fiscal year in which Project · n initiated as prescribed by Section 301(b) of the constructlo is Water Supply Act of 1958 ~Public Law 85-500, 43 U.S.C. 390b[~]). such interest rate shall ot change during the repayment period. The interest rate in effect at the time of negotiation of this contract (Government fiscal year 1980) is 7.210 percent. (4) The schedule of repayment for the Greenbelt e based on the current estlmat of separable cost of C°rrid°~'n development, the interest rate in effect on the date recreatlo, n ' ' of executlo of this contract (7 210) and 50 year repayment, is shown in Exhibit C of this contract. This repayment schedule will be recomputed by the parties upon completion of construction on the basis of the actual separable cost incurred for the Greenbelt Corridor development, the interest rate in effect for the Government fiscal year in which Project construction is ~=~ed and the amount of the city's share remaining ~n~aid at the time the Contractlng officer notifies the city in wrlt~ng that all the lands and facilities are available for useful operation. Interest during construction shall be paid over a period of 50 years as part of the separable cost of the Greenbelt Corridor, but subsequently accruing interest shall be paid with 4 the installment due at the end of the period in which such interest has accrued. (5) The initial payment shall be due and payable within thirty (30) days after the city is notified in writing by the Contracting officer that the lands and facilities are available for useful operation, subsequent payments shall be due and payable to the Treasurer of the United States within thirty he earl anniversary date o~ such notice. If the (30) days of t y Y ..... ~ ..... ~d ~avments when due, to make any o~ ~n~ ~=~ ~ ~-- city shall fa%l ~- -~ bear interest compounded annually then the over~ue paymenu~ ~ at the rate provided above until paid. The amount charged on payments overdue for a period of less than one yea~ shall be figured on a monthly basis. For example, if the payment is made within the first month after being overdue (31 to 60 days after the anniversary date), one month's interest shall be charged. This provision shall not be construed as giving the City a choice of either making payments when due or paying interest, nor shall it be construed as waiving any rights of the Government, at law or in equity, which might result from any default by the city. (6) The city may, without penalty, prepay at any time or times any part or all of'the principal and interest due and'payable under this contract. Interest with respect to any prepaid principal shall accrue ~only through the date of repayment. 28. Page 5, ARTICLE 3c through 3f is renumbered 3d through 3g. 29. Page 7, ARTICLE 7a, beginning of paragraph, start of the first sentence, insert ,,Inclusive of the Greenbelt Corridor". 30. Page 7, ARTICLE 7b, second line, after the word ,,contract", insert "Inclusive of the Greenbelt Corridor." 31. Page 8, ARTICLE 7c, change ,,Aubrey Lake" to read "Ray Roberts" 32. Page 8, ARTICLE 8.b., substitute the following paragraph. "b. The city shall require its concessionaires to obtain from an insurance company, licensed in the state of Texas and acceptable to the Government, liability or indemnity insurance in an amount not less than that which is prudent, reasonable and consistent with sound business practices or a minimum Combined Single Limit of $1,000,000 whichever is greater, for any number of persons or claims arising from any one incident with respect to bodily injuries or death resulting therefrom, property damage or both suffered or alleged to have been suffered by any person or persons resulting from operations under any agreement between the city and its concessionaires. 5 33. Exhibit A. Replace with amended Exhibit A which includes Greenbelt Corridor Cost. 34. Exhibit B. Replace with new Exhibit B, RAY ROBERTS AND LEWISVILLE LAKES INITIAL RECREATION DEVELOPMENT PAYMENT SCHEDULE. 35. Exhibit C. Replace with new Exhibit C, GREENBELT COP~qIDOR PAYMENT SCHEDULE. 36. Exhibits C through G, are renumbered D through H; and title blocks are revised by deleting the name "Aubrey", and substituting "Ray Roberts.". 6 IN WITNESS WHEREOF, the parties have executed this Supplemental Agreement as of the day and year first above written. THE UNITED STATES OF AMERICA CITY OF DENTON, TEXAS EOB CASTLEBEF-~ THO~S P. KUCHAR Mayor LTC~Corps of. Engineers city of Denton, T~as Acting District Engineer APPROVED AS TO FORM: DEBRA A. DRAYOVITCH city Attorney City of Denton, Texas 10 Nov 93 Denton, Tx. EXHIBIT A RAY ROBERTS AND LEWISVILLE LAKES ESTIMATED SEPARABLE RECREATION COST (01 Oct 93 prices) RaRoberts Lake Initial Future Acct No. Feature ~, ~ Total 01 Land Purcha-.a $ 5,768,000 $ 0 $ 5,768,000 14 Rec Facilities 23,773,000 25,763,000 49,536,000 30 Eng & Design 4,229,000 2,175,000 6,404,000 31 Supr & Admin 2,330.000 2,262,000. 4,592,000 Subtotal Rec $ 36,100,000 $ 30,200,000 $ 66,300,000 Greenbelt Corridor Initial Futur~ Acct No. Feature ~, ~ Total . 01 Land Purchase $ 6,488,000 $ 0 $ 6,488,00~ 14 Rec Facilities 1,733,000 0 1,733,000 18 cult Resc Presv 69,000 0 69,000 30 Eng & Design 505,000 0 505,000 31 Supr & Admin 505,000. Q 505,00Q Subtotal Rec $ 9,300,000 $ 0 $ 9,300,000 Total Rec Expenditures $ 45,400,000 $ 30,200,000 $ 75,600,000 NOTE: * Costs for Initial Development include inflation through construction period. I - PARTICIPATION IN TOTAL DEVELOPMEN~ RaRoberts Lake ~nitial Future Percent ~ ~ Total City of Dallas 37.00 $ 13,357,000 $ 11,174,000 $ 24,531,000 city of Denton 13.00 4,693,000 3,926,000 8,619,000 Federal Govt 50.00 18,050,00Q 15,100,000 33,150,000 Total 100.00 $ 36,100,000 $ 30,200,000 $ 66,300,000 Greenbelt Corridor Initial Future Percent ~ Dev~ Total City of Dallas 46.25 $ 4,301,000 $ 0 $ 4,301,C~0 city of Denton 16.25 1,511,000 0 1,511,000 Federal Govt 37.50 3,488,00~ 0 3,488,000. Total 100.00 $ 9,300,000 $ 0 $ 9,300,000 II - CONTRIBUTION FOR DEVELOPMENT RAY ROBERTS LAKE Initia~ Future Type. ~ ~ Total city of Dallas Reimbur $ 13,357,000 $ 11,174,000 $ 24,531,000 City of Denton Reimbur 4,693,000 3,926,000 8,619,000 Federal Govt Ultimat 18,050,00Q 15,100,000 33,150,00Q Total 36,100,000 30,200,000 66,300,000 (1) Estimated schedule for the city of Denton share of future development is based on projection of anticipated visitation which will establish the need for additional recreation development as shown in the Project Recreation Resources Appendix and the Plan of Recreation Development and Management made part of this contract by ARTICLE 2b and ARTICLE 2c, respectively. 1985 1995 2005 201~ 0 $ 3,926,000 0 Greenbelt Corridor Initial Futur~ Type ~ ~ Total city of Dallas Reimbur $ 4,301,000 $ 0 $ 4,301,000 city of Denton Reimbur 1,511,000 0 1,511,000 Federal Govt Ultimat 3,488,000 0 3,488,000 Total 9,300,000 $ 0 9,300,000 III - REIMBURSEMENT OF SEPARABLE COST Ray Roberts A. Reimbursement by city of Denton, Texas: Initial Futur~ Separable Rec Development Expenditures $ 4,693,000 $ 3,926,000 Interest During Construction (1) 2,246,000.(2) 0 (31. Separable Cost to be Repaid $ 6,939,000 $ 3,926,000 (1) Interest rate specified in contract No. DACW63-80-C-0107. (2) Interest rate is 7.210. (3) To be charged as required in ARTICLE 3b of original contract. B. Repayment schedule for initial development: Interest & amortization based on 50 equal annual payments, with 49 payments bearing interest at 7.210 percent on unpaid balance. P = (A-P) x (i+c) Where: P = annual payment P = (A-P) x .0745602419 A = amount to be repaid p ='.0745602419A - .0745602419P i = interest rate 1.0745602419P = 0745602419A (i+c) = interest plus p = .0745602419A/1.0745602419 amortlzatlo coefficient p = .0693867491 x $ 6,939,000 for 49 yrs. (0.0745602419) p = $ 481,474.65 ~reenbel____~t A. Reimbursement by city of Denton, Texas: Initial Separable rec development expenditures $ 1,511,000 Interest During Construction (1) 176,000 (2) Separable Cost to be Repaid $ 1,687,000 (1) Interest rate specified in contract No. DACW63-80-C-0107. (2) Interest rate is 7.210% A. Repayment Schedule for Initial Development: Interest & amortization based on 50 equal annual payments, with 49 payments bearing interest at 7.210 percent on the unpaid balance. p = (A-P) x (i+¢) Where: P = annual payment p = (A-P) x 0.0745602419 A = amount to be repaid p = 0.0745602419A - 0.0745602419P i = interest rate 1.0745602419P = 0.0745602419A (i+c) = interest plus p = 0.0745602419A/1.0745602419 amortization coefficient p = 0.0693867491 x $ 1,687,000 for 49 yrs. (0.0745602419) p = $ 117,055.45 EXHIBIT B RAY ROBERTS AND LEWISVILLE LAKES Nov 10, 1993 INITIAL RECREATION DEVELOPMENT PAYMENT SCHEDULE CITY OF DENTON, TEXAS ....... TOTAL COST: 6,939,000.00 50 NUMBER OF PAYMENTS: 7.210 INTEREST RATE, PERCENT: ............................ ................................................ BALANCE ANNUAL AMOUNT OF PAYMENT OF PRINCIPAL NUMBER PAYMENT INTEREST PRINCIPAL .... = .......... ............... = ......... = ................. 525.35 1 481~474.65 0.00 481,474.65 2 481~474.65 465 587.58 15,887.07 638.27 3 481 474.65 464 442.12 17,032.53 605.74 4 481 474.65 463 214.07 18,260.58 ~ ~345.16 5 481 474.65 461 897.49 19,577.17 ,768.00 6 481 474.65 460 485.97 20,988.68 ~ '79.32 7 481 474.65 458 )72.69 22,501.'96 !77.36 8 481 474.65 457 350.30 24,124.35 53.00 9 481.474.65 455 610.93 25,863.72 289.28 10 481.474.65 453 746.16 27,728.49 560.79 11 481 474.65 451 746 93 29,727.72 833.07 · ~961.98 12 481 474.65 449.603.56 31~871.09 13 481 474.65 447.305.66 34~168.99 .792.99 14 481 474.65 444 842.07 36 632.58 160.41 15 481 474.65 442 200.87 39 273.79 186.62 16 481 474.65 439 169.23 42 105.43 '81.20 17 481 474.65 436 133.42 45 141.23 ).97 18 481 474.65 433 )78.74 48 395.91 244.06 19 481 474 65 429 i89.40 51 885.25 358.81 20 481 474 65 425 148.47 55626.18 732.62 21 481474 65 421 37.82 59636.83 095.79 22 481 474 65 417538.01 63,936.64 159.15 23 481 474 65 412 ~28.17 68,546.48 612.67 24 481 474 65 407 )85 97 488.68 .123.99 · 336.78 73 25 481 474 65 402 687.44 78 787.21 26 481 474.65 397 006.88 84 467.77 869.01 27 481 474.65 390 916.76 90 557.90 311.12 28 481474.65 384,387.53 97 087.12 224.00 29 481.474.65 377,387.55 104 087.10 5 136.90 30 481,474.65 369,882.87 111. 591.78 5 545.11 31 481,474.65 361,837.10 119 637.55 4 907.56 32 481,474.65 353,211.24 128 263.42 4 644.15 33 481,474.65 343,963.44 137 511.21 4 132.94 147 425.77 4 707.17 34 481,474.65 334,048.88 652 01 35 481,474.65 323,419.49 158 055.16 · 36 481,474.65 312,023.71 169 450.94 201.07 37 481,474.65 299,806.30 181668.35 532.71 38 481,474.65 286,708.01 194~766.64 .766.07 39 481,474.65 272,665.33 208 809.32 .956.75 40 481,474.65 257,610.18 223 864.47 092.28 41 481,474.65 241,469.55 240 005.10 )87.18 481 474.65 257 309.47 '77.71 861.48 6.24 42 224,165 19 43 481' 474.65 205,613 17 275 44 481474.65 185,723 56 295 751.09 2, 165.14 45 481 474.65 164,399 91 317 074.74 1, 090.40 46 481 474.65 141,538 82 339.935.83 ~ 154.57 47 481 474.65 117,029 44 364 445.21 709.36 48 481 474.65 90,752.94 390 721.71 987.65 49 481 474.65 62,581.91 418 892.74 449 094.91 50 481 474.65 32,379.74 449 094.91 0.00 EXHIBIT C RAY ROBERTS AND LEWISVILLE LAKES NOV 10, 1993 GREENBELT CORRIDOR DEVELOPMENT PAYMENT SCHEDULE CITY OF DENTON, TEXAS TOTAL COST: 1,687,000.00 50 NUMBER OF PAYMENTS: 7.210 INTEREST RATE, PERCENT: ........... ................................................................ ~ALANCE ANNUAL AMOUNT OF PAYMENT OF NUMBER PAYMENT INTEREST PRINCIPAL PRINCIPAL 1 117 055.45 0.00 117,055.45 1944.55 2 117 055.45 113 193.00 3,862.44 082.11 3 117 055.45 112 914 52 4,140.93 941.19 ' 501.70 4 117 055.45 112 615.96 4,439.49 5 117 055.45 112.295.87 4,759.57 742.13 6 117 055.45 111~952.71 ~ 102.74 639.39 7 117 055.45 111.584.80 470.65 168.74 8 117 055.45 111.190.37 ~ 865.08 .303.66 9 117 055.45 110,767.49 287.95 .015.71 10 117 055.45 110 314.13 ~ 741.31 274.40 11 117 055.45 109 ;28.08 227.36 047.04 12 117 055.45 109 ~06.99 ~ 748.45 298.58 13 117 055.45 108 '48.33 307.12 991.46 14 117 055.45 108 49.38 8 906.06 085.40 15 117 055.45 107 507.26 9 548.19 537.22 16 117 055 45 106 818.83 10 236.61 300.60 17 117 055 45 106 080.77 10 974.67 325.93 18 117 055 45 105 289.50 11 765.95 559.98 19 117 055 45 104 441.17 12 614.27 945.71 20 117 055 45 103531.69 13 523.76 421.95 21 117 055 45 102 ~56.62 14 498.82 923 13 22 117 055 45 101511.26 15 .544.19 378 94 23 117 055 45 100 390.52 16.664.92 714 02 24 117 055 45 99 188 98 17.866.46 847 55 25 117 055 45 97 )00 81 19.154.64 692 92 26 117 055 45 96 519 76 20.535.69 157 23 27 117 055 45 95 039 14 22,016.31 140.92 28 117 055 45 93 451 76 23,~i03.69 .537.24 29 117 055 45 91 749 93 25,305.51 .231.73 30 117 055 45 89 925 41 27,130.04 1,i .101.69 31 117 055 45 87 969 33 29,086.11 1,i 015.57 32 117 055 45 85 872 22 31,183.22 832.35 33 117 055.45 83623 91 33,431.53 400.82 34 117 055.45 81213 50 35,841.95 558.87 35 117 055.45 78.62929 38,426.15 ,132.72 36 117 055.45 75.858 77 41,196.68 936.04 37 117 055.45 72.88849 44,166.96 769.09 38 117 055.45 ~704.05 47,351.39 919 417.69 39 117 055.45 ~290.02 50,765.43 868 652.26 40 117 055.45 ~629.83 54,425.62 814 226.64 41 117 055.45 ~705.74 58,349.70 755 876.94 42 117 055.45 ~498.73 62,556.72 693 320.22 43 117 055.45 .988.39 67,067 06 626 253.16 44 117 055.45 .152.85 71,902 59 554 350.57 45 117055.45 .968.68 77,086 77 477 263.80 46 117055.45 410.72 82,644 73 394619.07 47 117055.45 452.04 88,603 41 306 015.66 48 117.055.45 063.73 94 991 72 211,023.95 49 117.055.45 214.83 101~840 62 109,183.33 50 117~055.45 872.12 109,183 33 0.00