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Resolutions R87-001 to R87-078
1634L A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE COUNTY OF DENTON AND THE CITY OF DENTON FOR LIBRARY SERVICE, AND PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE COUNCIL OF THE CIFY OF DENTON, TEXAS SECTION I That the Mayor of the City of Denton, Texas is hereby authorized, on behalf of the C~ty of Denton, to execute an agreement between the County of Denton and the C~ty of Denton relating to the provision of library service, a copy of which agreement is attached hereto and made a part hereof SECTION II That this resolutIon shall become effective ~mmedlately upon ~ts passage and approval //~ f~ PASSED AND APPROVED this the l~.~'/day o , 1987 ATTEST C~]A~RL'OT~E'ALLEN, CITIe SBCI~E~A~Y ClkTTY OF BENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS THE STATE OF TEXAS COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT THIS AOREMENT is made and entered into this ~ ~, day of ~Db~4~ , 1986, by and between DENTON COUNTY, a political subdivision of the Great State of Texas,~einafter referred to as "COUNTY", and the _.~ .... -~Z .......... - ..... ~., a~ hereinafter referred to as "AGENCY" ~H~R~AS, COUNTY is a duly organized political subd&vzs&on the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens of Denton County, and ~H~REAS, AGENCY is a dul~an~zed library service and ~ ~$ for the benefit off the citizens of Denton County, Texas, and WHEREAS, COUNTY and AGEMCY desire to ~mprove the efficiency and effectiveness of local governments by authorizing the fullest possible range of intergovernmental contracting authority at the local level for all or part of the functions and services of police protection and detention services, f~re protection, streets, roads and drainage, public health and ~elfare, parks, recreation, library services, museum services, waste disposal, planning, engineering, and administrative ffunotxons such as tax assessment and collection, personnel services, purchasing, data processing, warehousing, equipment repair, and printing, and WHEREAS, COUNTY and AGENCY mutually desire to be subject to the provisxons of TEX REV CIV STAT Art 4413(32c),(Vernon Supp 1985)~ the Interlocal Cooperatxon Act, and, NOW THEREFORE, COUNTY and AGENCY for the mutual consideration hereinafter stated, agree and understand as follows I The effective date of th~s agreement shall be the 1st day of October~ 1986 II The initial term of th~s agreement shall be for the perxod of October 1, 1986, to and through September 30, 1987 Thereafter, thls,,a~_~ment shall a~.~'~-~aJ.~ be renewed for ^per~ods of twelve (12) month ~ncrements from the termination date_~ .... --i~nl~ ~erm~nag~ Is-~/E~ven- ny theg For the purposes and conslderstlon here~n stated and contemplated, COUNTY shall provide the followzng necessary and appropriate servzces for the reszdents of Denton County AGENCY to the maximum extent authorized by th~s agreement, w~thout regard to race, rellgzon, color, age, and national orlgln, to wit 1 Lzbrary services and other related services for the benefzt and to serve the public conveniences and necesszty of the cztzzens of Denton County, Texas IV Inasmuch as the D~NTON PUBLIC LIBRARY is for the use, benefit, and enjoyment of all citizens of Denton County, Texas, upon proper proof by lndivldual(s) of residence of Denton County, Texas, such individual(s) shall be entitled to be issued, at no cost, a "l~brary card" to be used in connection with said library V COUNTY shall designate Honorable Buddy Cole to act on behalf of COUNTY, and to serve as "L~alson Officer' for COUNTY with and between COUNTY and AGENCY Honorable Buddy Cole or his designated substitute shall ~nsure the performance of all dutles and obllgatzons of COUNTY herein stated, and shall devote sufficient time and attentxon to the execution of sa~d duties on behalf of COUNTY in full compliance with the terms and conditions of this agreement, and shall provide immediate and direct supervision of COUNTY'S employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and condzt~ons of thzs Agreement for the mutual benefit of COUNTY and AGENCY VI act on behalf of AGENCY, and Vo serve as "L~a~son' for AGENCY wzth &nd between AOENC¥ nnd (OUNTY to insure the performance of all dutzes and obllgatlons of AGENCY as here~n stated, and, shall devote sufficient tzme and ~%tentzon to the executzon of said dutles on behalf of AGENCY in full compliance w~th the terms and conditions cf this agreement, and, shall provide immediate and direct supervision of the AGENCY employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of AGENCY and COUNTY VII AGENCY agrees to indemnify and hold harmless COUNTY, its agents, and employees from and against all claims, damages, losses, and expenses, ~nclud~ng reasonable attorney's fees ~n case zt shall be necessary to pursue legal action, arising out of performance of the services and duties herein which are, or are alleged to have been caused ~n whole of in part by COUNTY or AGENCY, lncludzng but not necessarily l~mzted to any negligent act and/or omission of any employee of AGENCY, its dzrectors, members, or that of a sub-contractor of AGENCY, or that of anyone employed by or contracted wzth AGENCY for whose acts COUNTY and/or AGENCY ~s liable VIII AGENCY agrees to indemnify and hold harmless COUNTY, ~ts agents, and employees, from and against all claims, damages, losses, and expenses, zncludlng reasonable attorney's fees ~n case it shall be necessary to fzle an action, arising out of performance of the servzces and duties herezn stated, which are (1) for bodily injury, zllness, or death, or for property damage, · ncluding loss of use, and (2) caused in whole or in part by AGENCY'S neglzgent act and/or omzsslon, or that of a sub- contractor of AGENCY, or that of anyone employed by or contracted with AGENCY for whose acts the AGENCY is liable IX The AGENCY shall be solely responsible for all techniquee, sequences, procedures, and means, and for the coordination of all work performed under the terms and oondlt~ons of this agreement, shall ~nsure, dedicate and devote the full time and attention of those employees necessary for the proper execution and completion of the duties and obllgat~ons of the AGENCY stated ~n th~s agreement, and g~ve all attention necessary for such proper supervision and direction X COUNTY agrees to and accepts full responslbxlity for the acts, negligence, and/or omissions of all COUNTY'S employees, and agents, COUNTY'S sub-contractors, and/or contract laborers, and for those of all other persons doing work under a contract of agreement with saxd COUNTY XI The AGENCY agrees to and accepts full responsibility for the acts, neglxgence, and/or omissions of all the AGENCY'S employees, and agents, the AGENCY'S sub-contractors, and/or contract laborers, and for those of all other persons doing work under a contract or agrement wxth said AGENCY XII COUNTY agrees to and accepts the duty and responsibility for and overseeing all safety orders, precautions, programs, and equipment necessary to the reasonable safety of COUNTY'S employees, and agents, COUNTY'S sub-contractors, and/or contract laborers, and all other persons do~ng work under a contract wzth sa~d COUNTY XIII The AGENCY agrees to and accepts the duty and responszbzllty for and overseeing all safety orders, precautions, programs, and equipment necessary to the reasonable safety of the AGENCY'S employees, and agents, the AGENCY'S sub-contractors, and/or contract laborers, and all other persons doing work under a contract or agreement w~th sa~d AGENCY XIV AGENCY understands and agrees that the AGENCY, ~ts employees, servants, agents, and representatives shall at no tzme represent themselves to be employees, servants, agents, and/or representatives of COUNTY XV COUNTY understands and agrees that COUNTY, ~ts employees, servants, agents, and representatives shall at no t~me represent themselves to be employees, servants, agents, and/or representatzves of AGENCY XVI "COUNTY", Denton County is a political subdzvtslon of the State of Texas The address of "COUNTY" ~s Commzssloners Court of Denton County 212 West Sycamore Denton, Texas 76201 Telephone (817) 565-8586 Attn Honorable Buddy Cole Denton County Judge AGENCY is a publzc service organization of Denton County, Texas The address of "AGENCY" Telephone XVIII For the services hereinafter stated, COUNTY agrees to pay to AGENCY for the full performance of this agreement, $1 00 per capita of 100,593 or the sum of ONE HUNDRED THOUSAND FIVE HUNDRED NINETY-THREE AND NO/100 ($100,593 00) DOLLARS to be paid in equal quarterly installments of TWENTY FIVE THOUSAND ONE HUNDRED FORTY- EIGHT AND 25/100 ($25,148 25) DOLLARS commencing October 1, 1986 In addition, COUNTY agrees to pay to AGENCY up to FIVE THOUSAND AND NO/100 ($5,000 00) DOLLARS zn matching funds upon recexpt of proof from the AGENCY that revenue from sources other than Denton County has been received and that this ~nformatzon shall be provxded each quarter to COUNTY and w~ll be matched in full each quarter until such time that $5,000 00 has been pa~d COUNTY understands and agrees that payment by COUNTY to the AGENCY shall be made ~n accordance with the normal and customary processes and business procedures of COUNTY zn conformity with State law XIX This agreement may be terminated at any t~me, by either party gzvzng sixty (60) days advance wrxtten notice to the other party In the event of such termination by either party, AGENCY shall be compensated pro rata for all services performed to termination date, together w~th reimbursable expenses then due and as authorized by this agreement In the event of such termination, should AGENCY be overcompensated on a pro rata basis for all services performed to termination date, and/or be overcompensated for reimbursable expenses as authorized by this agreement, then COUNTY shall be reimbursed pro rata for all such overcompensatlon Acceptance of said reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement This Agreement may also be terminated immediately in case of successful election to rollback County ~-~ This agreement represents the entzre and znte~rated a~reement between AGENCY and COUNTY and supersedes ~11 prior ne~ot l~tlons, representations ~nd/or ~reements~ either written or oral This ~reemen% ma~ be amended onl~ be written ~nstrument s~ned b~ both AGENCY ~nd COUNTY XXI The validity of this a~reement and of ~n~ of ~ts terms or provisions as well as the rights and duties of the parties hereto, shall be ~owerned b~ the laws of the State of Tex~s Further, th~s a~reement shall be performmble ~nd all compensation pa~able ~n Denton Count~, Texas XXII In the event that an~ portion of th~s a~reement shall be found to be oontrar~ to law ~t ~s the ~nt~nt of the part~es hereto that the rem~lnln~ portions sh~ll remain valid ~nd in full force ~nd effect to the extent possible XXIII The undersigned officer and/or agents of the part~es hereto are the properly authorized officials and have the necessary authority to execute th~s agreement on behalf of the part,es hereto, and each party hereby certified to the other than any necessary resolutions extending said authority have been duly passed and are now ~n full force and effect Executed ~n duplicate originals at Denton, Denton County, Texas on the day and year f~rst written above "COUNTY .... AGENCY" DENTON COUNTY~ TEXAS AGENCY 212 West Sycamore HONORABLE JU~E BUDDY COLE Name DENTON COUNT~/JUDGE T~tle Actzng on behalf of, and Actzng on behalf of, and by the authorzty of the by the authority of the Commzss~oners C~9~, ~t~, of AGENCY Denton County~~ ATTEST ATTEST DENTON COUNTY CLERK Tltle%J ~3~~ -~ STATE OF TEXAS COUNTY OF DENTON BEFOEE ME, the undersigned authority on this day personally appeared the Honorable Buddy Cole, Denton County Judge, known to be to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the foregoing Interlocal Cooperation Agreement for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said County under my hand and seal of office this the // day of , 1986 ~.~,~ My Comm,ssmn Exp,ms A"'"24 lJ~ ~' t~e~ta~eb°zcTexaand My Commission expires SEAL (Notary's Printed Name) STATE OF TEXAS COUNTY OF DENTON BEFOEE ME, the underslgned~ authority, on this day personally appeared ~/~F'~_.z~m~. /~_~ , known to me to be the person whos~ ~[ame l~ "subs6r[bed'to the foregoing instrument and acknowledged to me that he executed the foregoing Interlooal Cooperation Agreement for the purposes and consideration thereln expressed, and in the capacity stated, and as the act and deed of said AGENCY under my hand and seal of office this the /~'~day of ~No. '~y PubliC-In anal for ' (N6tary's Printed ~ame) RESOLUTION NO.~ A RESOL~JTION AUTHORIZING THE MAYOR TO EXECUTE A PIPE LINE LICENSE AGREEMI~NT DATED DECEMBER 1, 1986 BETWEEN THE CITY OF DENTON AND MISSOUR~I-KANSAS-TEXAS RAILROAD COMPANY AND DECLARING AN EFFECTIVE DATE NOW, THEREFORI~, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SEC~TION I. The *Mayor is hereby authorized and directed to execute on behalf o£ the City of Denton, Texas, a Pipe Line License Agreement dated December 1, 1986, between the City of Denton and the M~ssoun-Kansas-Texas Railroad Company, relating to the construction, reconstruction, use, maintenance, repair and installation of one 16-inch water main between Mile Posts K-723.97 and K-724.02, Denton County, Texas. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED th~s the (~'~ day of ~, 1987. ATTEST: CIHA~,L'(SI"I~ A~L-BN,- CITY ~SECRMTA~ C~ O~ ~ENTON, TEXAS ~ APPROVED AS TO LEGAL FORM: DEBRA AD~I DRAYOVITCH, CITY ATTORNEY CiTY OF DENTON, TEXAS 1630L RESOLUTION NO.~~.~ A RESOLUTION CREATING AND APPOINTING THE CIP' 91 COMMITTEE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a bond election was held on December 15, 1986 for the purpose of submitting to the voters of the City of Denton certain capital improvements, and WHEREAS, the voters overwhelmingly approved the issuance of bonds for capital improvements, and WHEREAS, the Blue Ribbon Committee fulfilled its charge of making recommendations relative to the projects which should be submitted to the electorate and, among those recommendations was the suggestion that a special committee be appointed by the City Council to monitor, evaluate and report on the progress of the Five Year Capital Improvements Program should the same be authorized by the voters, and WHEREAS, the City Council is desirous of accepting such recommendation, and WHEREAS, ~n March of 1985, the voters approved a Street Bond Program of $10,000,000 and the Council wishes to appoint a committee to monitor both Bond Programs, NOW, THEREFORE, BB IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I. That the following citizens are hereby appointed to constitute the CIP '91 Committee: Hugh Ayer, Chairman Bill Claiborne Bob Gorton Joe Holland Jack M~ller Kathy Orr SECTION II. That the CIP '91 Committee ~s hereby charged to meet at least once a year until 1991 to monitor, evaluate and report to the citizenry on the progress of the construction of the ~mprovements authorized in the December, 1986 and March, 198S bond elections SECTION III. That this resolution shall take e~fect immediately upon its passage and approval. PASSED AND APPROVED this the ~'~-~day of ~/l/~, 1987. CITY OF DENTON, TEXAS ATTEST: ~ o~,~o,~, ~x^s ~ APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION IN APPRECIATION OF "CHARLOTTE ALLEN" WHEREAS, the City of Denton is losing one of its most valued employees, Charlotte Allen, who began her employment with the City on September 11, 1980 as Administrative Secretary to the City Manager and was appointed City Secretary on February 1, 1982, and WHEREAS, Charlotte Allen has exhibited outstanding expertise, and has dedicated much of her t~me and effort ~n assisting the citizens of Denton, and WHEREAS, in addition to her rule as City Secretary, Charlotte is the mother of three wonderful sons John, Dawd and Cl~nt, Cllnt being exposed to the trials and tribulations of a C~ty Secretary on his third day in this world, when the City Manager's Office staff took work to Charlotte while she was recuperating from Cllnt's birth, and WHEREAS, since 1982, Charlotte has assisted and served every Council member of the City of Denton and her reputation ~s such that Council members and staff of other cities call upon her from time to time for advice as well, and WHEREAS, Charlotte's sense of humor is well-known throughout C~ty Hall, a requisite trait to holding eight elections and preparing some four hundred and f~fty City Council agendas, and WHEREAS, Charlotte Allen has always served above and beyond the mere ef£1clent discharge of her duties and has earned the full respect and admiration of the Council, staff, and boards and commissions, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: That the Council of the City of Denton, acting on behalf of the cltlzens and staff, wishes to acknowledge with grateful appreciation the services of Charlotte Allen, and the devotion she has given to the City of Denton, and order that this Resolution be made a part of the official minutes of the C~ty, and that a copy be presented to her as an expression of our s~ncere appreciation. PASSED AND APPROVED this the 20th day of January, 1987. JOE G ALFORD, MAYOR PROTEM MARK R CHEW, COUNCILMEMBBR J. W. RIDDLBSP~RGER, COUNCILMBMBER JANE HOPKINS, COUNCILMEMBBR JIM R ALEXANDER, COUNCILMBMBER LINNIE MCADAMS, COUNCILMEMBER ATTBST: APPROVED AS TO LEGAL FORM' R-I~LTER$- - - DEBRA AD~I DRAYOV/~TCH CITY SI~CRETARY CITY ATTORNEY ~ 1677L RESOLUTION NO ~ A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON CREATING A BLUE RIBBON CITIZEN'S TASK FORCE FOR BEAUTIFICATION OF MAJOR CITY ENTRANCES AND OTHER CITY BEAUTIFICATION EFFORTS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Czty Counczl of the C~ty of Denton ~s desirous of creating a Blue R~bbon Cztlzen's Task Force for the Beautify- cation of Major Entrances into the Czty and other Czty beautxf~catlon efforts; and WHEREAS, the Task Force shall have the authority to rewew efforts and proposals by various groups wzthln the Cxty to improve the major entrances to the Cxty, and WHEREAS, the Task Force shall ldentzfy the major entrances to the City, review what other cztxes have done and make recommendations on steps that the Council might take to promote these entrances, and WHEREAS, the Task Force shall make recommendatxons to the City Council, including zonzng and sign regulations, code enforcement actlwt~es, coordxnated landscapzng, planting requirements, set-back requirements, and view obstructzon aspects; and WHEREAS, the Task Force shall become effective immediately upon appointment by the C~ty Council, and serve zn sa~d capacity until all gu~delznes for major entrances ~nto the C~ty and other City beautlflcatzon efforts have been established, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I. That various ~ndlv~duals w~ll be appoznted by resolution to constitute the "Blue Ribbon Citizen's Task Force for Beautlf~- cation"' SECTION II. That the Task Force shall have the authority to review efforts and proposals by various groups within the Czty to ~mprove the major entrances to the C~ty and other beautification efforts, zdentlfy the major entrances to the C~ty, review what other cities have done and make recommendations on steps that the Council might take to promote these entrances, make recom- mendations to the Czty Council, znclud~ng zonzng and s~gn regulations, code enforcement activities, coordinated land- scaping, planting requirements, set-back requirements, and wew obstruction aspects SECTION III. That th~s resolution shall become effective ~mmed~ately upon ~ts passage and approval. ~ PASSED AND APPROVED th~s the ~ff'~ day of 1987 ATTEST APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS PAGE 2 1635L RESOLUTION NO.~ A RESOLUTION AMENDING THE DENTON DEVELOPMENT GUIDE~ 1985, AS AMENDED, BY ADOPTING A GENERAL PLANNING POLICY, TO BE APPLIED TO LAND USE DECISIONS, THAT PROVIDES FOR THE ALLOCATION OF VEHICULAR TRIP GENERATION INTENSITIES FOR PLANNING AREAS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton Development Gulde~ 1985, as amended, was adopted as the official comprehensive planning guide for the City to be used in making decisions ~n planning, development and land use, and WHEREAS, the Guide dlwdes the City into high, moderate and low lntensxty planning areas to znsure the goal of balanced growth, and WHEREAS, the guide fails to provide a specific policy for the allocation of trip generation intensity within the respective planning areas, and WHEREAS, the City Council, upon the recommendation of the Planning and Zoning Commission, has determined that a policy providing for the allocation of tr~p generation intensity within the respective planning areas established by the Guide would be useful ~n the planning process, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I. That the Development Pollc~es of section III, E. 4, b, of the Denton Development Gulde~ 1985, as amended, be further amended to read as follows' b. Land Use Intensity/Transportation Balance 1) General Policy and Standards (a) To promote the goal of balanced growth between land use and transportation systems, the City is divided ~nto high, moderate, and low intensity planning areas. (See map on page 23) For plan- ning purposes, the moderate and low ~ntenslty planning areas have maximum tr~p generation standards. A moderate intensity area can have a maximum of 250 veh:cular trips per day, per gross acre. A low lntens:ty area can have a max:mum of 7S veh:cular trips per day, per gross acre The high lntens:ty area has no established limit (b) As a general planning policy, a specific development should only make use of a proportionate share of the trip generation intensity allocated for the lntens:ty planning area affected, based upon the ratio of the acreage of the proposed development to the acreage contained w:thln the intensity plann:ng area in which the development is located Therefore, to apply the general policy in mak:ng a zoning decision that affects a low or moderate intensity planning area, the following would be considered: l) What is the trip generation standard for the planning area~ [e.g. if the area is 640 acres and it is a Iow intensity area, then the maximum trips would be 75 T P D. x 640 ac or 48,000 T.P.D.) 11) How much trip generation intensity has already been used by exlst:ng development and zon:ng in the planning area~ l:l) How much trip generation intensity is allocated to the proposed development under the general policy? (e.g. a 1§0 acre specific development in a 640 acre low intensity planning area would be allocated 12,000 trips per day, which is 1/4 of the allotment for the entire area). iv) How much trip generation :ntenslty is to be used by the proposed development~ v) How much trip generation intensity will remain in the plann:ng area :f the proposed zoning request is granted~ If the proposed development does not violate the general pol:cy of intensity allocat:on, the request would be evaluated :n reference to other policies of the Gu:de. (c) If a specific request violates the general policy of proportionate allocation a determination should then be made whether there are planning considerations that would warrant approval of a disproportionate allocation of trip generat:on Intensity. Those Page 2 considerations may include, but are not limited to, the follow~ng. ~) the location of the proposed development tn reference to ex~stlng or proposed public facilities, such as streets, water or sewer lines, and drainage facilities. In thts regard, the City's Master Plan for public facilities should be considered. It may be found to be more desirable, for example, to allocate more trip generation intensity to a proposed develop- ment that IS adjacent to, or would have con- venlent access to, existing or proposed major thoroughfares, major water and sewer ltnes and drainage facilities. ~l) The topography of the land in the planning area and the proposed development There may be reason to allocate less trip generation intensity for a specific property that would otherwise require major modification of natural drainage areas, the removal of large masses of trees, the leveling of h~lls, and other major topographical modifications to develop. l~l) The land use in the planning area and surround- lng areas. The proposal should be rewewed to determine the compatibility w~th existing and potential land uses in the area and surrounding area ~v) The allocation of trip generation tntens~ty in reference to other policies of the Guide, such as, the protection of older nelghbor--fh-d~ds and s~ngle family housing, diversity of housing, and the concentration of apartments and offlce/retaxl sites (d) In speclfxc areas where a dlsproportxonate allocation of intensity has been granted, the proposed develop- ment will be evaluated xn reference to the least Intense, most logical land use for property in the area. In addltxon, the effect on the surrounding planning areas and compatibility w~th other policies of the Guide should be reviewed. SECTION II. That this resolution shall become effective immediately upon its passage and approval Page 3 PASSED AND APPROVED this the.,~~'' day o£~, 1987. ATTEST ACTI~N~ CIT~ SECRETARY CITY~-OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS Page 4 1691L RESOLUTION NO.~ WHEREAS, the City of Denton owns property available for lease at the Denton Municipal A~rport, and WHEREAS, Port-A-Port, Incorporated, a Texas corporation, desires to lease property at the Denton Municipal A~rport and to use the same for hangar construction, hangar rental and related aeronautical purposes, and ~HERBAS, the C~ty of Denton desires to lease property upon the A~rport for such purposes; and WHEREAS, the A~rport Adwsory Board has reviewed and recommended approval of the attached proposed lease agreement, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON. SECTION I. That the Airport Lease Agreement between the City of Denton and Port-A-Port, Incorporated, attached hereto and incorporated herein by reference, is hereby approved. SECTION II. The Mayor ~s hereby authorized to execute the attached lease agreement on behalf of the C~ty. SECTION III. That this Resolution shall be effective immediately upon passage and approval.~/~'~ PASSED AND APPROVED this the~__~,,-day of , 1987. CITY O~ DENTON, TEXAS ATTEST. JENNIFER W'~LTE~S, ACTING CITY SECRETARY CiTY 9 hENSON, TEXAS APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS ! 1691L THE STATE OF TEXAS ~ AIRPORT LEASE AGREEMENT LAND LEASE COUNTY OF DENTON ~ Thls lease is made and executed this ~ day of ~/~,~', 1987, at Denton, Texas, by and betweenthe City of Denton,~ a Municipal Corporation, hereinafter referred to as "Lessor", and Port-A-Port, a corporation organized under the laws of the State of Texas having Its principal o£flces at Route 1, Box 14-K, South Ramada Drive, Paso Robles, California 93446 hereinafter referred to as "Lessee". ~ITNESSETH ~HERBAS, Lessor now owns, controls and operates the Municipal A~rport (Airport) in the City of Denton, County of Denton, State of Texas, and WHEREAS, Lessee desires to lease certain premises on said airport and construct and maintain an a~rcraft hangar and related aviation facilities thereon, and NO~, THERBFORB, in consideration of the premises and the mutual covenants contained in thxs Agreement, the parties agree as follows. I CONDITIONS OP AGREEMENT NOT~ITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CON- TAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING. A. Principles of Operations The right to conduct aeronautical act~wt~es for furnishing services to the public is granted the Lessee subject to Lessee agreeing; 1. To furnish said services on a fair, equal and not un- justly discriminatory basis to all users thereof, and 2. To charge fair, reasonable and not unjustly discrimina- tory prices for each unit or service, provided, that the Lessee may be allowed to make reasonable and non- discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. B. Non-Discrimination The Lessee, for himself, his personal representatives, successors in interest, and assigns, as a part of the conside- ration hereof, does hereby covenant and agree as a covenant running with the land that: 1. No person on the grounds o£ race, religion, color, sex, or national origin shall be excluded from participation In, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, 2. In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation In, denied the benefits of, or otherwise be subjected to discrimination; 3. The Lessee, shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Trans- portation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation-Effectual of Title VI of the Civil Rights Act of 1954, and as said Regulations may be amended. That in the event of breach of any of the above non- discriminatory covenants, Lessor shall have the right to terminate the Lease and to reenter and repossess said land and the facil- ities thereon, and hold the same as if said Lease had never been made or Issued. This provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed, including expiration of appeal rights. C. Right of Individuals to Maintain Alrcra£t It is clearly understood by the Lessee that no right or privilege has been granted which would operate to prevent any person, firm or corporation operatIng aircraft on the airport from performing any services on its own aircraft with Its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform D Non-Exclusive Ritht It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 1349 of Title 43, U.S.C.A. PAGE 2 E. Publxc Areas 1. Lessor reserves the right to further develop or Improve the landing area of the a~rport as it sees fit, regard- less of the desires or views of the Lessee, and without interference or h~ndrance. 2. Lessor shall be obligated to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the a~rport, together w~th the r~ght to d~rect and control all actlwt~es of Lessee in this regard. 5. During time of war or national emergency, Lessor shall have the rxght to lease the landing area or any part thereof to the Unxted States Government for military or naval use, and, ff such lease is executed, the pro- visions of this Instrument insofar as they are lncon- s~stent w~th the prowslons of the lease to the Government, shall be suspended. 4. Lessor reserves the right to take any action it con- s~ders necessary to protect the aerial approaches of the airport against obstruction, together with the r~ght to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of the Lessor, would limit the usefulness or safety of the airport or constitute a hazard to aircraft or to aircraft nawgatlon. 5. Th~s Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the Un,ted States or agency thereof, relative to the opera- tlon or maintenance of the Airport. II. LEASED PREMISES Lessor, for and in consideration of the covenants and agree- ments here~n contained to be kept by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby hire and take from Lessor, the following described land s~tuated ~n Denton County, Texas, as described as follows A. Land A 481.37 foot by 350 foot tract of land, which after ex- cluding three 20 foot by 550 foot easements for hangar taxlways is comprised of approximately 147,480 square feet, or 5.386 acres, drawn and outlined on Attachment A, having the following metes and bounds. PAGE 3 of land, which, after excluding three 20 foot by 550 foot ease- ments for hangar taxlways, is comprised of approximately 147,480 square feet, or 3.386 acres, drawn and outlined on attachment B, having the following metes and bounds ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the Wm. Nell survey, Abst. No. 9?0, and also being part of a tract of land as conveyed from Mrs. Ellen Pearl Corbln, Et A1 to The City of Denton by deed dated January 19, 1944 and recorded in Volume 305, Page 216 of the Deed Records of Denton County, Texas, and more particularly described as follows COMMENCING at the eastern most southeast corner of said tract, said point lying in a north-south public road known as Underwood Road, said point also lying ~n the east boundary line of said Wm. Nell Survey, same being the west boundary line of the J Hard~n survey, Abst. No. 1656, THENCE north 88o 56' 10" west a distance of S94.91 feet to a point for corner; THENCE north 1° 23' 50" east a distance of 290.00 feet to the POINT OF BEGINNING, THENCE north 88° 36' 10" west a dtstance of 350.00 feet to a point for corner, THENCE north 1o 23' 50" east a distance of 481.37 feet to a point for corner, THENCE south 88o 36' 10" east a distance of 350.00 feet to a point for corner, THENCE south 1o 23' 50" west a distance of 481.37 feet to the PLACE OF BEGINNING and containing 3.87 acres of land. Lessee shall have forty-five (45) days to exercise this first right to lease the above-described land under terms and conditions to be negotiated herein, upon receiving notice from the City Manager of the City of Denton, that Lessor has a party desiring to lease such property. C. gmprovements Provided by Lessor 1. Paved aircraft taxlways as outlined and drawn on Exhibits D and E, attached hereto and incorporated by reference herein, with the southern most taxlway to be extended from Taxlway J to the service road. 2. Paved veMcular roadway providing access to the leased premises as outlined and drawn on said Exhibits D and E. PAGE S number(s) and contacts where it can be reached in an emergency. 2. List. Lessee shall file with the Airport Manager and el~p current a list of its tenants and sublessees. Such 11st shall also include all aircraft located on the leased premises, including aircraft make, model, ldentl£1catlon number, and the owner's name, address and telephone number. 3. Conduct. Lessees shall contractually require its employees and sublessees (and sublessee's lnvltees) to abide by the terms of this agreement. Lessee shall promptly enforce Its contractual rights in the event of a default of such covenants. 4. Utllltles~ Taxes and Fees. Lessee shall meet all expenses and payments in connection with the use of the Premises and the rights and privileges herein granted, including the timely payment of utilities, taxes, permit fees, license fees and assessments lawfully levied or assessed. 5. Laws. Lessee shall comply with all current and future ~r~d~ral, state and local laws, rules and regulations which may apply to the conduct of business contemplated, including rules, regulations and ordinances promulgated by Lessor, and Lessee shall keep in effect and post in a prominent place all necessary and/or required licenses or permits. 6. Maintenance of Property. Lessee shall be responsible for the maintenance, repair and upkeep of all property, buildings, structures and improvements, including the mowing or elimination of grass and other vegetation on the Premises, and shall keep said Premises neat, clean and in respectable condition, free from any ob3ectlon- able matter or thing. 7. Unauthorized use of premises. Lessee may not use any of the leased land or premises for the operation of a motel, hotel, restaurant, private club or bar, apart- ment house, or for Industrial, commercial or retail purposes, except as authorized herein. 8. Dwellings. It is expressly understood and agreed that no permanent dwelling or domicile may be built, moved to or established on or within the leased premises nor may the Lessee, Its tenants, lnvltees, or guests be permitted to reside or remain as a resident on or within the leased premises or other airport premises. PAGE 10 3. A six (6") inch water line and hydrants of size and flowage to allow usage for fire protection. 4. Electrical and water utilities to or in close proximity to the leased premises with access for Lessee. S. Slx (6) security lights to be erected on the leased premises. 6. Drainage design and water drainage system capable of handling normal rainfall. For the purpose of this agreement, the term "Lessor improvements" shall mean those things on the leased premises belonging to, constructed by, or to be constructed by the Lessor, which enhances or Increases, or will enhance or increase, the value or quality of the leased land or property. Unless other- wise noted herein, all Lessor improvements are and will remain the property of the Lessor. All Improvements made by Lessor must be described In detail above, or above referenced and attached to this agreement in an exhibit approved by the Lessor. III. TERM The term of this Agreement shall be for a period of twenty- five (2S) years, commencing on the 1st day of February, 1987, and continuing through the 30th day of January, 2012, unless earlier terminated under the provisions of the Agreement. Lessee shall have the first right of refusal to renegotlate this lease for two additional five (S) year periods at the end of the primary term of twenty-five (2S) years at a renegotlated rental and terms mutually agreed upon by the Lessor and Lessee without regard for or considering the then cost of living index If Lessee elects to renegotlate this Lease, it shall give notice in writing addressed to the City Manager at least one hundred eighty (180 ) days before the expiration of the primary term of twenty-five (25) years. IV. DEVELOPMENT SCHEDULE A FAA Ramp Property 1. Lessee shall lease that certain portion of the aircraft parking apron commonly referred to as the FAA ramp, and drawn and outlined on Attachment "C" an area equal to seven tie down spaces, under the terms and conditions described and outlined below for a period of twelve (12) months commencing on February 1, 1987 and con- tlnulng through the 30th day of January, 1988 or until sixty (60) days after the roadway and taxlway~--to the leased premises have been completed and are open for PAGE 6 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the Wm. Nell survey, Abst. No 970, and also being part of a tract of land as conveyed from Mrs. Ellen Pearl Corbln, Et A1 to The City of Denton by deed dated January 19, 1944 and recorded in Volume 505, Page 216 of the Deed Records of Denton County, Texas, and more particularly described as follows COMMENCING at the eastern most southeast corner of said tract, saxd point lying ~n a north-south public road known as Underwood Road, said point also lying in the east boundary line of said Nell Survey, same being the west boundary l~ne of the J. Hardin survey, Abst. No. 1656; THENCE north 88o 36' 10" west a distance of 594.91 feet to a point for corner; THENCE north 1o 23' S0" east a distance of 290.00 feet to a point for corner, THENCE north 88° 56' 10" west a d~stance of 350.00 feet to the POINT OF BEGINNING; said point being the southeast corner of the tract being described herein; THENCE north 88° 56' 10" west a distance of 350 00 feet to a point for corner, THENCE north 1° 25' S0" east a distance of 481.37 feet to a point for corner, THENCE south 88° 36' 10" east a distance of 350.00 feet to a point for corner; THENCE south 1o 23' 50" west a d~stance of 481 37 feet to the PLACE OF BEGINNING and containing 3.8? acres of land. Together with the right of ingress and egress to sa~d property, and the r~ght, in common w~th others so authorized, of passage upon the Airport property generally, subject to reason- able regulations by the City of Denton, and such r~ghts shall extend to Lessee's employees, passengers, patrons and lnvltees. For the purposes of this Agreement, the term "Premises" shall mean all property located within the metes and bounds described above including lease hold improvements constructed by the Lessee, but not including certain easements or property owned and/or controlled by the Lessor. B. Additional Property Lessee is hereby given the first right of refusal for a period of five (5) years to lease a 481.37 foot by 350 foot tract PAGE 4 A. Land Rental For and in consideration of the sum of five hundred ($500.00) dollars, receipt of which is hereby acknowledged, Lessor leases to Lessee Property B. Upon the completion of taxlway and roadway, land rental shall be twenty-five ($25.00) dollars per month in advance, each month, for an additional sixty (60) days or until a building permit for construction is issued, whichever comes first. After sixty (60) days or upon issuance of a build- lng permit, the first increment shall be considered Property A and land rental shall be the sum of two thousand sixty-four dollars and seventy-two cents ($2,064.72) per year, payable in twelve (12) equal monthly installments in the sum of one hundred seventy-two dollars and six cents ($172.06) in advance, on or before the first day of each and every month. Upon the activa- tion o£ the second increment, pursuant to and in accordance with Section IV. B. hereof, land rental shall be the sum of four thousand one hundred twenty-nine dollars and forty-four cents ($4,129.44) per year, payable in twelve (12) equal monthly installments in the sum of three hundred forty-four dollars and twelve cents ($344.12) in advance, on or before the first day of each and every month. Upon the activation of the third increment, land rental shall be the sum of SlX thousand one hundred ninety-four dollars and sixteen cents ($6,194.16) per year, payable in twelve (12) equal monthly installments in the sum of five hundred sixteen dollars and eighteen cents ($516.18) dollars in advance, on or before the first day of each and every month Upon the activation of the fourth increment, land rental shall be the sum of eight thousand two hundred fifty-eight dollars and eighty-eight cents ($8,258 88), per year, payable in twelve (12) equal monthly installments in the sum of six hundred eighty-eight dollars and twenty-four cents ($688.24) in advance, on or before the first day of each and every month. Upon the activation of the fifth increment, land rental shall be the sum of ten thousand three hundred twenty-three dollars and sixty cents ($10,323.60) per year, payable in twelve (12) equal monthly installments in the sum of eight hundred sixty dollars and thirty cents ($860.30) in advance, on or before the first day of each and every month during the term of th~s agreement. B. Lessor Improvement Rentals None, as there are no ~mprovements upon the leased premises. C. Payment~ Penalt¥~ Adjustments Ail payments due Lessor from Lessee shall be delivered to the Airport Manager, unless otherwise designated in writing by the Lessor. Payments which are more than fifteen (1S) days past PAGE 8 Lossee's use. Should construction of the taxlways and roadway not commence within thirty hundred and sixty- five (365) days of the signing of this agreement, Lessor or Lessee shall be entitled to cancel this lease by giving thirty (50) days written notice to Lessor. At the end of the twelve (12) months, the ramp property may continue to be leased on a month to month basis, sub3ect to FAA approval. 2. As consideration for the lease of the ramp property, Lessee shall pay Lessor the sum of Two Hundred Ten Dollars ($210.00) per month, payable in advance on or before the first day of each month. 3. The lease of the ramp property shall be sub3ect to the provisions of Article VI. B., C., XII, XIII, XIV, XV, and XVII of this lease agreement, provided, however, all buildings and/or improvements excluding taxlways and hangar floors and aprons, moved to or constructed upon the premises by Lessee shall remain the property of Lessee and shall be removed from the premises upon the termination of the lease of the FAA ramp property. B. Primary Property It is expressly understood and agreed that the development of the primary lease premises shall be divided into five incre- ments, with each increment comprised of 29,496 square feet. For the purpose of this agreement, those increments which are active shall be considered Property A and those Increments which are inactive shall be considered Property B An increment shall be considered active and included in Property A upon the issuance of a building permit for construction upon an inactive Increment Not later than sixty (60) days from Lessor's notification to Lessee of the completion of the site work and the availability o£ the primary lease premises for Lessee's use, the first increment of 29,496 square feet shall be activated and considered property A. Additional increments shall be activated and considered part of Property A at intervals not to exceed twelve (12) months, until such time as all five increments are activated Should an Increment be activated because of construction, the requirement of annual activation shall not apply All increments added to Property A shall be considered as part of Property A as if said additions were and had been within Property A from the original date of execution of this agreement. V. PAYMENTS~ RENTALS AND FEES Lessee covenants and agrees to pay to Lessor, as conside- ration for this lease, payments, rentals and fees as follows PAGE 7 9. quit Possession. Lessee shall quit possession of all premises leased here~n at the end o£ the primary term o£ this lease or any renewal or extension thereof, and dehver up the premises to Lessor in as good condxt~on as existed when possesszon was taken by Lessee, reason- able wear and tear excepted. 10. Hold Harmless. Lessee shall lndemn~£y and hold harm- less the Lessor £rom and against all loss and damages, including death, personal ~n)ury, loss o£ property or other damages, arising or resulting £rom the operation o£ Lessee's bus,ness in and upon the leased premises. 11. Waiver o£ Liability and Indemnz£1cat~on. Lessee £urther covenants and agrees that ~t will not hold Lessor or any o£ Lessor's agents, o££1cers or employees responsible £or any loss occasioned by £~re, the£t, rain, w~ndstorm, hail, or £rom any other cause whatsoever, whether said cause be the direct, indirect or merely a contributing £actor in producing the loss to any a~rplane, auto- mobile, personal property, parts or surplus that may be located or stored ~n the hangars, T-hangars, o££~ces, aprons, £1eld, or any other location at airport, and Lessee agrees that the planes, and their contents are to be stored, whether on the field or in the hangars, at Lessee's r~sko Lessee agrees to ~ndemnlfy, de£end and save a~rport, its agents, o££1cers, representatlves, and employees, harmless £rom and against any and all liability or loss resulting £rom claims or court action arising directly or indirectly out of the activities of Lessee, its agents, servants, guests or bus~nes$ visitors under this agreement or by any act or om~sslon o£ such person. C. S~ns During the term of thxs Agreement, Lessee shall have the right, at its own expense, to place in or on the lease premises signs ldent~£ylng Lessee. Said szgns shall be o£ a s~ze, shape and design, and at a location or locations, approved by the Lessor and in con£ormance with any overall directional graphics or sign program established by Lessor on the A~rport. Lessor's approval shall not be withheld unreasonably. Sa~d s~gns shall be malntazned in good repair throughout the term o£ this agree- ment. Notwithstanding any other provision of th~s agreement, said signs shall remain the property of Lessee. Lessee shall remove, at its expense, all lettering, signs and placards so erected on the premises at the explratxon o£ the term of this Agreement or extensions thereo£. PAGE 11 due shall be assessed a penalty of one-half (1/2) of one percent per day, compounded daily, for each day or fraction thereof which the payment or fee is more than fifteen {15) days past due. The yearly rental for land and Improvements herein leased shall be readousted at the end of each five (S) year period durlng the term of this lease on the basis of the proportion that the then current All Urban Consumer Price Index (CPI-U) for the Dallas/Fort North, Texas, Standard Metropolitan Statistical Area, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics bears to the December, 1986 index which was (1967 = 100). The land rental amount is now based upon seven [$0.07) cents per square foot per year for the land herein leased. These four (4) rental adjustments, if any shall occur on the following dates' February 1, 1992 February 1, 2002 February 1, 1997 February 1, 2007 VI. RIGHTS AND OBLIGATIONS OF LESSEE A. Use of Leased Premises Lessee is granted the non-exclusive prlwlege to engage in or provide the following: 1. The construction, erection, distribution, sale and lease of aircraft hangars. 2. Parking, storage and tie-down facilities for aircraft upon or within the leased premises. 3. Office or storage space on or within the leased premises for aviation activities or businesses. Lessee, its tenants and sublessees shall not be authorized to conduct any services not specifically listed in this agreement The use of the lease premises of Lessee, its tenants or sublessees shall be limited to only those private, commercial, retail or dustrlal activities having to do with or related to airports and aviation. No person, business or corporation may operate a com- mercial, retail or industrial business upon the premises of Lessee or upon the Airport without a lease or license from Lessor auth- orizing such commercial, retail or industrial activity. B. Standards Lessee shall meet or exceed the following standards 1. Address. Lessee shall file with the Airport Manager an---~eep current its mailing address, telephone PAGE 9 IX. LEASEHOLD IMPROVEMENTS A. Required Improvements. As part of the consideration for the privilege herein granted, Lessee is required to and hereby agrees to construct or otherwise make improvements to the pre- mlses, as specified herein, but not limited to, the following 1. Five (5) T-hangars, pads and related aircraft driveways. 2. Three (3) 45 x 56 Box type hangars, pads and related aircraft driveways. Lessee shall provide Lessor with tentative plans for the development of the entire premises herein leased together with a tentative timetable or schedule for said development. Should said development not occur within the specific time limits mutually agreed upon by and between Lessor and Lessee, Lessor shall have the option to cancel the lease on all non-developed portions of said lease after a thirty (30) day written notice to Lessee to cure such a default. B. Plans. Lessee agrees that it shall, within one hundred eighty ~ calendar days from the date the roadways and taxi- ways have been constructed and are open for Lessee's use, submit to the Lessor, for approval, detailed plans and specifications for the above listed initial proposed leasehold improvements. Lessor agrees that it shall either approve the plans and speci- fications as submitted, or transmit proposed revisions to Lessee, within forty-five (45) calendar days of receipt of the plans and specifications from Lessee. In the event that Lessor requires revisions of the original plans and specifications, Lessee shall have forty-five (45) calendar days from the date of receipt of the proposed revisions to resubmit the plans and specifications for Lessor's approval. Such approval shall not be withheld unreasonably. Construction shall commence within one hundred eighty (180) calendar days of Lessee's receipt of Lessor's final approval of the plans and specifications, and shall be scheduled for completion not later than one hundred eighty (180) days after commencement of construction. C Additional Requirements. Before commencing the construc- tion of any improvements upon the premises, Lessee shall submit 1. Documentation, specifications, or design work, to be approved by the Lessor, which shall establish that the improvements to be built or constructed upon the lease premises are in conformance with the overall size, shape, color, quality and design, in appearance and structure, of the program established by the Lessor on the Airport. PAGE 13 VII. COVENANTS BY LESSOR Lessor hereby agrees as follows' A. Peaceful Enjoyment. That on payment of rent, fees, and performance of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all rights and privileges herein granted, B. Compliance. Lessor warrants and represents that in the establishment, construction and operation of said Denton Municipal Airport, that Lessor has heretofore and at this time is complying with all existing rules, regulations, and criteria distributed by the Federal Aviation Administration, or any other governmental authority relating to and including, but not limited to, noise abatement, air rights and easements over adjoining and contiguous areas, over-flight in landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations over adjoining property in the course of normal takeoff and landing procedures from said Denton Municipal Airport, Lessor further warrants and represents that at all times during the term hereof, or any renewal or extension of same, that it will continue to comply with the foregoing. VIII. SPECIAL CONDITIONS It is expressly understood and agreed by and between Lessor and Lessee that this lease agreement is subject to the following special terms and conditions Runways and Taxlways. Because of the present sixty thousand (60,000) pound continuous use weight bearing capacity of the runway and taxlways of the Airport, Lessee herein agrees to limit all aeronautical activity including landing, takeoff and taxiing, to aircraft having an actual weight, including the weight of its fuel, of sixty thousand (60,000) pounds or less, until such time that the runway and designated taxlways on the Airport have been improved to handle aircraft of such excessive weights. It is further agreed that, based on qualified engineer- lng studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and that the Lessee agrees to abide by any such changes or revisions as such studies may dictate. "Aeronautical Activity" referred to in this clause shall include that activity of the Lessee or its agents or subcontractors, and its customers and lnvltees, but shall not include those activities over which it has no soliciting part or control, such as an unso- licited or unscheduled or emergency landing. Negligent disregard of the provisions of this section shall be sufficient to cause the immediate termination of this entire Agreement and subject the Lessee to be liable for any damages to the Airport that might result. PAGE 12 5. That equal or better facilities including those Items described in Section 2C of this agreement together with equal or better roadway access to the new facility, be constructed and completed at Lessor's expense prior to relocation. 4. That Lessee shall be given slx (6) months to complete the relocation of its property. 5. That Lessor shall compensate Lessee for Lessee's actual costs in relocating Its property by deducting such costs from Lessee's monthly rental each month or fraction thereof until Lessee is compensated in full. 6. That Lessee shall not be required to relocate more than one time (including location and event.) F. Ownership of Improvements It is understood and agreed that all Port-A-Port buildings and certain improvements constructed upon or brought to the pre- mlses by Lessee shall remain the property of Lessee or its Sub- lessees and that they may be moved on or from the leased premises by the Lessee or its Sublessees, except that all buildings and improvements of whatever nature remaining upon the leased premises at the end of the primary term, or any extension thereof, of this lease shall automatically become the property of Lessor absolutely in fee without any cost to Lessor. No building or improvement shall be removed from the leased premises should Lessee or its Sublessees be in default o£ this lease agreement. It is agreed that the life of the buildings to be constructed by Lessee on the property herein leased is th~rty-f~ve (35) years G. Bulldln~ Valuation Should this lease be cancelled for any reason before the end of the twenty-five (25) year primary term, or extensions thereof, it is expressly understood and agreed that Lessor reserves the right to purchase ali buildings, structures and improvements then existing upon the premises by tendering to Lessee one thirty-fifth (1/55) of the undepreclated value of such building for each year remaining on the agreed life of such build- lng. The undepreclated value of all improvements is to be deter- mined by having such improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessee and one appointed by the two appraisers. X. SUBROGATION OF MORTGAGEE Any person, corporation or institution that lends money to Lessee for construction of any hangar, structure, building or PAGE 15 2. All information required of the City of Denton Sub- division and Land Development Regulations (outline of requirements are on file in the Airport Manager's office). 3. The estimated cost of such construction. No construction may commence until Lessor, acting by its City Council, has approved the plans and specifications and the location of the improvements, the estimated costs of such con- structlon, and the agreed estimated life of the building or structure. Approval by the City Council shall not be unreason- ably withheld; should the Council fall to deny Lessee's plans and specifications within sixty (60) days of submission thereof to the Council, such plans and specifications shall be deemed approved. Documentary evidence of the actual cost of construction of public areas and/or facilities shall be delivered by Lessee to Lessor's City Manager from time to time as such costs are paid by Lessee, and Lessor's City Manager is hereby authorized to endorse upon a copy o£ this lease filed with the City Secretary of Lessor such actual amounts as he shall have found to have been paid by him upon said contract shall be conclusive upon all parties for all purposes of this agreement. D. Additional Construction or Improvements. Lessee is hereby authorized to construct upon the land herein leased, at its own cost and expense, buildings, hangars, and structures, that Lessor and Lessee mutually agree are necessary for use in connection with the operations authorized by this lease, provided however, before commencing the construction of any improvements upon the premises, Lessee shall submit plans and specifications as specified in Article VIII, Paragraph A (Additional Requirements) E. Relocation of Hangars. Lessor may, during the term of this agreement and any extensions thereof, require Lessee to relocate some or all of its hangars to another location on the airport. Lessee shall comply with Lessor's requirement if the following conditions are met. 1. That the requirement to relocate be by resolution by the majority of the Council members of the City Counczl of the City of Denton. 2. That the Lessee be given fourteen (14) days notzce of the City Council's zntent to act on such a resolution and Lessee be given an opportunity to speak before the Council at the Council meeting at which this item appears on the agenda. PAGE 14 inspection, making necessary improvements or repairs, or enforcing the terms of this lease. XIV. INSURANCE A %equlred Insurance. Lessee shall maintain continuously in effect at all times during the term of this agreement, at Lessee's expense, the following insurance coverages 1. Comprehensive General Liability covering the leased premises, the Lessee or its company, its personnel and Its operations on the airport. 2. Aircraft Liability to cover all flight operations of Lessee. 3. Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the Lessee subsequent to this agreement. 4. Liability insurance limits shall be in the following minimum amounts: Bodily In3ury: $1,000,000 per occurrence Property Damage' $1,000,000 per occurrence. 5 All policies shall name the City of Denton as an addi- tional named insured and provide for a minimum of thirty (50) days written notice to the City prior to the effective date of any cancellation or lapse of such policies. 6. All policies must be approved by the Lessor. 7. The Lessor shall be provided with a copy of all such policies. B. Lessor reserves the right to increase the types or amounts of insurance coverage, and to require any additional amounts of insurance coverage, and to require any additional riders or pro- visions in said policies or certificates as may be considered necessary by the Lessor's Risk Manager. Lessor may not make such changes more than once a year. Lessee shall comply with such notice within thirty (30) days. XV. CANCELLATION BY LESSOR In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted PAGE 17 improvement and retains a security interest in said hangar, structure, building or improvement shall, upon default of Lessee's obligations to said mortgagee, have the right to enter upon said leased premises and operate or manage said hangar, structure, building or improvement according to the terms of this Agreement, for a period not to exceed the term of the mortgage with Lessee, or until the loan is paid in full, whichever comes first, but in no event longer than the term of this Lease. It is expressly understood and agreed that the right of the mortgagee referred to herein is limited and restricted to those improvements constructed with funds borrowed from mortgagee. XI. RIGHT OF EASEMENT Lessor shall have the right to establish easements, at no cost to Lessee, upon the leased ground space for the purpose of providing utility services to, from or across the airport property or for the construction of public facilities on the Airport How- ever, any such easements shall not interfere with Lessee's use of the leased premises and Lessor shall restore the property to its original condition upon the installation of any utility services on, in, over or under any such easement or the conclusion of such construction. ×II. ASSIGNMENT OR SUBLEASE OF LEASE A. Assignment. Lessee expressly covenants that it will not assign this lease, convey more than forty-nine percent (49%) of the interest in its business, deemed herein to mean the con- trolling interest in its business, through the sale of stock or otherwise, nor sublet, assign, transfer, nor license the whole or any part of the said prenlses for any purpose, except for rental of hangar space or tie-down space, without the written consent of the Lessor. The provisions of this lease shall remain binding upon the assignees, if any, of Lessee. B. Sublease. Lessee shall provide Lessor with a form of the lease agreement to be utilized in subletting, and if the form should change, Lessee shall submit any amendments thereto. Pro- vlded, however, that each such sublease shall automatically termi- nate in the event of termination of this lease, and the owner of the hangar shall immediately remove the hangar unless a lease or license is entered Into with the City for such site. Lessor agrees that it will not unreasonably withhold its approval of the sale or sublease of the facilities for airport related purposes. XIII. ACCESS BY CITY Lessee shall permit Lessor's authorized agents free access to the leased premises at all reasonable times for the purpose of PAGE 16 however, that the use of the leased premises shall not be limited to avlatlon purposes, such use belng only limited by such laws and ordinances as may be applicable at that time. XVII. MISCELLANEOUS PROVISIONS A. ~nt~re Agreement. Th~s Agreement constitutes the entire understanding between the parties and as of its effective date supersedes all prior or independent Agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. B. Blndln~ Effect. All the covenants, stipulations and agreements herein shall extend to, bind and inure to the benefit of the legal representatives, successors and assigns of the respective parties hereto. C. Severab~llt¥. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having ~ur~sdlctlon, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. D. Notice. Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be sent by registered ma~l, return receipt requested, with postage and registration fees prepaid. 1. If to Lessor, addressed to. C~ty Manager City of Denton Denton, Texas 7§201 2. If to Lessee, addressed to: Port-A-Port, Incorporated Route 1, Box Paso Robles~ Cal~£orn~a 93445 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt E. Head~nts. The headings used in th~s Agreement are intended for convenience o£ reference only and do not define or 11mit the scope or meaning of any prov~slon of this Agreement. F. Governing Law. Th~s Agreement is to be construed in accor- dance with the laws of the State of Texas. PAGE 19 against it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act, or Lessee shall be divested of ItS estate herein by other operation of law, or Lessee shall fall to perform, keep and observe any of the terms, covenants, or conditions herein contained, or on its part to be performed, the Lessor may give Lessee written notice to correct such condition or cure such default and, if any condition or default shall continue for thirty (30) days after the receipt of such notice by Lessee, then Lessor may, terminate this lease by a written notice to Lessee. In the event of default, Lessor has the right to purchase any or all structures on the leased premises under the provisions of Section VIII Paragraph C (Cancellation) hereof. XVI. CANCELLATION BY LESSEE Lessee may cancel this Agreement, in whole or part, and terminate all or any of Its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events: 1. Issuance by any court of competent jurisdiction of a permanent injunction ~n any way preventing or restrain- lng the use o£ said airport or any part thereof for airport purposes; 2. The breach by Lessor of any of the covenants or agree- ments contained here~n and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breach, 3. The inability of Lessee to use said premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regu- lation of any appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, earthquake or other casualty, or 4. The assumption or recapture by the United States Govern- ment or any authorized agency thereof the maintenance and operation of said airport and facilities or any sub- stantlal part or parts thereof. Upon the happening of any of the four events listed ~n the preceding paragraph, such that the leased premises cannot be used for aviation purposes, then Lessee may cancel this lease as afore- said, or may elect to continue this lease under its terms, except PAG~ 18 G. Waiver of Default. Acceptance by either party following a default will not be deemed a waiver of such default No waiver by e~ther party of a default w~ll constitute a waiver of any other default. J. Abandonment. If the Lessee shall abandon the leased pre- mlses at any time during the term of this lease or be d~sposed therefrom by process of law or otherwise, any personal property belonging to Lessee and left on the premises thirty (30) days after such abandonment or d~spossesslon shall be deemed to have been transferred to the Lessor, and the Lessor shall have the right to remove and to d~spose of the same without liability to account therefor to Lessee or to any person cla~mlng under Lessee. IN WITNESS WHERROF, the parties have executed this Agreement as of the day and year f~rst above written. CITY OF DENTON, TEXAS, LESSOR ATTEST. JENniFER ~A~TERS-, - - ACT~G CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS ATTEST PORT-A-PORT, LESSEE SECRETARY ............ PAGE 20 /AY //' __ ..... AREA , ' ClP~' of DENTON, TEZ~S MUNICIPAL BUILDING / DENTO~ TEXAS 78201 / TELEPHONE ~I ~ $66°830? Of~eof~a ~tyManager ~ecember 26, 1986 Hr. Ken Keatts Port A - Port Route l, Box 14 ~ Paso Robles, Cal:fornfa 95446 Dear Ur. Fnclosed fs a ffnal copy of the lease agreement that we received. ~y apologtea for not sending one to you sooner. we d~scuaaed ~n our ~hone conversation, I have alao fncluded d~agram wh4ch would a~a~e the construction of the taxiways, We would proposed to 5u;ld either the furtheqt north or the £urthest south tax,way all the way from taxtway $ to the service road, And we woul~ also propo~e ~o hufl~ the tax;way at the other extreme across the entire width o£ ?he parcel or some 550'. ~e would connect the.e two by a temporary Toad that would 5e constructed 'n a north-south d~rectfon across the western patroon of the optfona] property, Th~s would allow for vehicular traffic to enter the hanger areas from the serwce road and would not he affected by any dec:sfons that ~he FAA fade about vehicular traffic on tax,way g. S,pce you mentioned the possibility oE sta~,ng some construct,on, ~e would propose to huf]d the middle tax,way as you lease ~he hangers on ,t and/or as you leased the port,on of your or'g~nal lease. The ffnal two sections of the tax,way ~n your optional property would be bt~,lt before the opt,onel property was leased. If ~h's schedul,ng would work for you. w~ would propose to ~ncorporate th~s language ~n the lease. If a d~fferenr scenario or scheduling would be more appropriate for you. we would be happy to try and d~scuss those and reach an agreement as soon as possible. To tha~ end, we are cont:nu,np ~o work to ~ry and have the lease ready for the 6th of Sanuary for Counc,l rewew. ~e w~]l keep you no~f,ed as to ~ts proFress. ~e look forward to continuing to work w~th you and thank you ~or tak, ng the t;me to rev,aw th~s alternative. R~ck Ass'slant C, ty Manager ~nc~osures )w/3255~ 1662L RESOLUTION NO. ~~ A RESOLUTION CREATING AND APPOINTING THE CAPITAL RECOVERY FEES CITIZENS' COMMITTEE, AND PROVIDING AN EFFECTIVE DATE. WHBREAS, the City Council has, upon the recommendation of the Public Utility Board, authorized Camp, Dresser and McKee to con- duct a £eas~b~l~ty and ~mplementatlon study for the establishment of capital recovery fees; and WHEREAS, such study contemplates the appointment of a citizens' committee to prowde input and assistance to the consultants and the City, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I. That the following ~ndlv~duals are hereby appointed to constitute the "Capital Recovery Fees Citizens' Committee". Benn~e Snlder, At Large RepresentatIve Bob Bland, At Large Representative Jane Hopkins, C~ty Council Member Roland Laney, Public Utilities Board Member Ed Coomes, Public Utilities Board Member Ann Houston, Chamber/Board of Realtors Representative Jack Daws, University Representative Robert Collier, University Representative Mar~lyn Smith, League of Women Voters RepresentatIve Richard Gore, Home Owner Ralph Flesher, Home Owner Evelyn Black, Home Owner Juan~ta Mllam, Retired Home Owner Br~an Burke, Engineering Firm Representative Doyle Chr~sman, Apartment Dweller Jack Delaporte, Homebullder Association Representative Laddie Mulkey, Small Bus~ness Owner SECTION II. That Tom Harpool is hereby appointed as the chairman of such Committee. SECTION III. That the Committee shall coordinate with Camp, Dresser and McKee and the Public Utilities Board ~n the study on the feasibility and ~mplementat~on of capital recovery fees and shall report its f~nd~ngs to the Public Utilities Board. SECTION IV. That this resolution shall become effective ~mmed~ately upon ~ts passage and approval. ~ PASSED AND APPROVED th~s the~'~aY of 1987. RAY SYEPHENB, MAYOR CITY OF DENTON, TEXAS ATTEST' ACTinG CIT~ SECRETARY CITY'~OF DENTON, TEXAS APPROVED AS TO LEGAL FORM' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS ECONOMIC DEVELOPMENq IqNANCE BOB GLASGOW Member STATE SENATOR ADMINISTRATION DISTRICT 22 CRIMINAL JUSTICE AUgUSt 31, 1987 Mr. Lloyd Harrell Denton City Manager 401 West Hxckory Denton, Texas 76201 Dear Lloyd: Now that the Regular and two Special Sessions have adjourned and I have a few moments for matters other than the urgency of the task that the Texas Legislature had at hand, I wanted to take the opportunity to wr~te to you and tell you what a success Denton County Day was durlng the Sessxon. The partlcmpat~on by the Denton County residents was most lmpressmve, and many of my colleagues ~n the Senate as well as members of the House of Representatives have told me how much they enjoyed your gift to them and the festmvmtzes of the Day. I am most pleased and proud to be your State Senator and want to contmnue to assist you zn every way that I can. Please contact me whenever I may be of servzce I have enclosed a copy of the Resolutzon that was adopted by the Texas Senate that day zn your honor. Thank you. Very truly yours, P O Box 12068 Capitol Station 6410 Southwest Blvd Ste 109 211 N Belknap Austin Texa~ 78711 Ft Worth Texas 76109 Stephenvttie, Texas 76401 512/463 0122 8171763 0259 8171965 5069 ON -State of Texas i~ proudLto~join ~ as ~ey joyously cele~rate~ ~to~ on April 7, 1987', and' River county unde: the ureated by an act )f the Firs~ .~ ,11, ; and ~o~eer ~ ~acher, Jo~ B., Denton, ~ 911 s~are miles 'of and is ideally sulted~or me~ ~ Den~6n has been ~e h~me of ~e~,ted ~n religion and },education, no~ on ~and s~agogues in ~s ~ounty, but Nor~ Texas State UnlversiSy and , Denton County h~s ~t~ strong ba~ihg e~v~ro~ent 'was primarily an , gover~ent ~leaders ~have encc~r years so that ~e business has' g~own each year~wi~ es be%~g offered; lake~, marinas, picnfc, water sports cont~nde ~ entice part of Texas; an~ needs of ~e area, progre~lve Dento hard for l~proved la~ ~en~6rcement and c un y Jail Law, n o ,~ ebounds ~n Denton ,9ount~, as and support of the~ne arts, and ~ ~ . ~ asset remains mts w~ and V~ ~' hearts and homes to the county's and ach~evem~nt~ of~ truly wor~y, of legis~a~lve~ o~ ~e, Sta~e of T~xas, - 70~ welcome ~nd sincere :, ~ a most memor~le oel~bm ~nd,~ be ~% further ~That,a.~9~ of this Resolution b~ ~repared for ,as 'a memento of.thls grand occaszon from the Texas Presiden% of t~e Senate I hereby certzf~ that the ~ove Resolution was ~dopted ~e Senate on April 1987. !~. $.R~ No. 308 '~l',,' ~ ~SENATE P~SO~U~ON ~'The :~e State of Texas is proud~ to join wl~ ~ounty as they ]oyously celebrate~ Denton Capitol on April 7, 1987;~ and of:~Red River County under. ~e '~was created by an act of the First Il, ~1846; and ~loneer preacher, Jo~ B. D~nton,- ~is ap~roxlmately 911 square ml~es of gently landand and is ideally su~ted~ for ~ng, Denton has been ~e hOme of men ~rested in religion and education, not ~ny. ~; ~nd synagogues in this County, but Denton Id~ off,the ~Nor~h Texas State Unlversigy and ,_~-_.~.~'~-~A' :c~%er~ ~modern_ ~ ~ndustrmes, Denton Cou~t, ~ has · ~.d] ~c?mRgn~s ~gcause of 1ts strong banking envlro~ent and ex~Ilent~busi, nWss~ e ~omy; and , %~.al~ougn inton County was prmmarily an iL]eaYly days, gover ent lead, rs have encour~(~d d~fs~'~cat~,o~]:o~r ~e years so that the business outloc {:~l~[~,~emainJd~iG; tQurlsm has gro~ each year wroth an ~unds .qe~ o~,~'~egrgat~onal ~pDr~uDltles being offered, ,lakes, marinas, pmcnlc an~] c~pmng ~Ound~/~ and ,m~y water sports continue to entice ~ousa~ ~S~ of[~bgur~s~, to' '~is~ delightful part of Texas; and Denton ~offiql~ls,.hg~e ~orked hard fO: mmproved law enforcement ~d la~ ~3~ear~opened,~e :~e% Denton eount~ Jaml and Law Enforcement ~A rzch eu~u~al~ climate ~ounds zn Denton County p~c~at~on and support of the ~zne arts, asset remazns zts warm and hos hearts and homes to ~e county's and ac,co6~lis~ents and achievements of are truly worthy of legls~atl~e of the State of Texas, 70~ e~d a~hearty welcome and sincere best wishes of/Dgnton CO~ty for a most memor~le celeb] f{~Denton C~ty. Day; and, be it further ' '* ~*~ S.R'. ,No. 308 ~[is Resolution' be ~repared for $fl th~s grand occasxon frbmt the ' ' pre~Tde~% of t~ Se~ate ~ ,I here~ ce~tif th ~ove Resolution wasqado ted ~e Senate ~ April 7, 1987 .... ~: ~lasqow, Farabe_e, S.R. No, 308~ SENATE RESOLUTIO~N WI~RE.A~., The Senate of the State of Texas is proud to join with the citizens of Denton County as they joyously celebrate Denton County Day at the State Capitol on April 7, 1987; and ~IEREAS~ Originally part of Red River County under the Mexican government, Denton County was created by an act of the First Texas Legislature on April 11, 1846, and . WHEREAS~ Named after a pioneer.preacher, John B. Denton, this county covers an area of approximately 911 s~ua~e miles of gent%y rolling hills and rich land and xs ideally suited for farming and raising livestock; and WHEREAS, From the beginning, Denton has been the home of men and women who were deeply interested in religion and education; not only are there many churches and synagoTaes in this county, but Denton County is.proud of the North Texas State University and Texas W~man's University; and ~REAS, A center of modern industrmes, Denton County has attracted many co.mpanlas because of its strong banking environment and excellsnt busxness economy; and . WHEREAS, Although Denton County was primarily an agricultural regipn in its early days, government leaders have encouraged diversification over the years so that the business outlook will remain ~ynamlc; tourism has grown each year with an abundance of recreational opportunities being offered; lakes, marinas, picnic and camping grounds, and mpny water sports continue to entice thousands of tourists to this delightful part of Texas; and ~IEREAS~ In order to meet the needs of the area, progressive Denton County officials have worked hard for improved law enforcement and last year opened the new Denton County Jail and Law Enforcement Center; and WHEREAS., A rich cultural climate abounds in Denton County as evidenced by increased participation and support of the fine arts; and . WHEREAS.,Denton County's chief asset remains 1ts warm and h?spltable citizens, who open their hearts and homes to the county's visitors and new residents; and W~EREAS~ The.manifold accomplishments and achievements of Denton Count~ and its citizens are truly worthy of legislative recognition; now, therefore, be it ~ESOLVED~ That the Senate of the State of Texas, 70th Legislature, hereby extend a hearty welcome and sincere best wishes to the citizens of Denton County for a most memorable celebration of Denton County Day; and, be it further ~SOLV~ That a copy of Gis Resolution be prepared for Denton County as a memento of Gis grand occasion from the Texas Senate. I h~re~,certlf~ that Ge above Resolution w~s ~dopted by Ge Senate on ~rll , 1987. Secr~~4~e~Sehat~' B~ Glasqowj Farab~ ~.R. No. 30~8. ~Farlsnd~ SENATE I~ESOLUT ! O_N~ WHE~.~.~., The Senate of the State of Texas is proud to join with the citizens of Denton County.as they joyously celebrate Denton County Day at the State Capitol on April 7, 1987; and WHERF~_~ Originally part of Red River County under Mexican government, Denton County was created by an act of the First Texas Legislature on April 11, 1846~ and WHEREA~ Named after a pioneer preacher, John B. Denton, this county covers an area.of ~pproxlmately 911 square miles of gently rolling hills and rich land and is ~deally suited for farming and raising livestock; and WHEREA~, From the begi~n%ng, Denton has bee9 the ~om~ of~ men and women who were deeply interested in religion an~ not only are there many churches and synagogues in this county, but Denton County ls prou~ of the North Texas State University and Texas Woman's University; and WHEREA~, A center of modern industries, Denton county has attracted many companies because of its strong banking environment and excellent business economy; and WHE~F~S, Although Denton County was primarily an agricultural region.in %ts early days, government leaders have encouraged diversification over the years so that the business outlook will remain dynamic; tourism has grown each year with an abundance of recreational opportunities being offered; lakes, marinas, picnic and camping grounds, and m~ny water sports continue to entice thousands of tourists to this delightful part of Texas; and WHE~EAS~ In order to meet the needs of the area, progressive Denton County officials have worked hard for improved law enforcement and last year opened the new Denton County Jail and Law Enforcement Center~ and WHE~EA~ A rich cultu~a% cl%mate abounds in Denton County as evidenced by~ncreased participation and support of the fine arts, and WHEREAS, Denton County's ch%ef asset remains 1ts warm and hospitable citizens, who open their hearts and homes to the county's visitors and new residents; and WHEI~EA~. The manifold accomplishments and achievements of DentoE County'and its citizens are truly worthy of legislative recognition; now, therefore, be it RESOLVED~ That the Senate of the State of Texas, 70th Legislature, hereby extend a hearty welcome and sincere best wishes to the cltizen~ of Denton county for a most memorable celebration of Denton County Day; and, be it further ~SOL~D~ That a copy of ~is Resolution be prepared for Denton County as a mem~ of th~s grand occasion from ~e Texas Senate. I ~ Pre sena~ ~ I hereby~certl~that the ~ove Resolutlon was-]adopted by ~ ~e Senate ~ ~ril 7, 1987. -~ Secre~enat9 1694L A RESOLUTION ADOPTING POLICY NO. 108.03 "USE OF SMOKING AND SMOKE- LESS TOBACCO"; AND DECLARING AN EFFECTIVE DATE. WHBREAS, the Director of the Personnel/Employee Relations Department for the City of Denton has presented a proposed policy regarding employee rules and regulations for the Council's consideration; and WHEREAS, the City Council desires to adopt such policy as an offlc~il policy regarding employment with the City, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON' SECTION I. The following policy, attached hereto and made a part hereof, is hereby adopted as an official policy of the City of Denton, Texas. Use of Smoking and Smokeless Tobacco (Reference No. 108.03) SECTION II. The foregoing policy is attached hereto and made a part hereof and shall be filed in the official records of the City of Denton with the City Secretary. SECTION III. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this thew~___ day of , 1987. ATTEST: JEN~I~R'~LTERS ACTI~ CITY, SECRETARY CITY~ DENTON~ TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS CITY OF DENTON PAo; POLI(~T/A,DMIglfTRATI*VB PBO(~BDUUB/&DMI~I~TRATIVB DIRB~TIVB SECTtON NUMBER EFFE~VE DATE SUBJE~ ST~DA~S O~ CONDUCT REP~CES TITCE The City of Denton recognizes that the use of smokin~ ami s~okeless tobacco in the workplace ma~ be · dtsco~ort to those ~n an effo~t to p~ov~e a bea~t~, p~eaeant, ~ efficient ~ork env~ro~nt for all ~ployeo8, the use o~ 8~k~ ~ 8~keleas tobacco shall be p~ohib~te~ ~ee~s~te~ areas ~ those areas where ~ber8 off the public/~ployees routinely have aaeess. The supervi8o~ also h~ the prerogative to p~ohib~t tho uae eT 8~k~ an~ 8~kele88 tobacco ~n ~ ~rea under h~s/her 8~poFviB~o~. ~eBevoF 8 ~tBBl qFe~ ea~ot be reached, the pFe~e~enee the nonuser o~ tobacco 8hall be consi~e~e~ THI USE OF SHOK~NG TOBACCO A. Non-desiGnated 5mokin~ Areas 1 Smokin~ shall be prohibited in: o conference an~ meeti~ rooms o classrooms ~nd trainin~ rooms o open areas of libraries o auditoriums o copier and computer terminal room8 o restrooms an~ public lounges 0 looker rooms o store, se areas o e~eva~o~8 o balls o sta~ells o all areas where smokt~ ~ould be a safety hazard or could c~se ~e to seneit~ve equ~p~nt, processes, or 2. In ~d~tion, smoki~ s~ll be prohibited ~n all areas to which ~mbers of t~e public/employees routinely have access These include, but are not limited to o lobbies o reception areas o custo~ conference areas o cashier locations ~OLICY/ADMINISTRATZVB PBO(3BDURB/ADMINISTRATZVB DIBB(~TZVB ((3oatiaued) REFERENCE TITLE NUMBER USE OF S~OK~NG AND SMOKe,E88 TOBACCO 108 03 Desisnated 5mokin~ Areas 1. ~n such areas where 8mokins ia othemelae not prohibited, the preference Of the people in the area shall dictate whether suokin~ is pe~nitted in that area. Smoking is pemaitted tn the followin~ desisnated arose oF C~t¥ Facilities: 0 open office environments 0 employee lounses 0 employee break rooms 2 ~n area8 where smokins is permitted and prior to 8mokins, an employee must First secure the unanimous consent oF all persons In that area A 8isa prohibitin8 8mokins shall be posted at the main entrance to every Cit~ owned Facility 8n~ in areas where 8mokins Is prohibited within the workplo~e. This sign shall be conspicuous anal contain the words "No Smoking," the universal symbol for no smoking, or other language that clearly prohibit8 smoking THE USE OF S~OKE~ESS TOBACCO A Smokeless Tobacco is Prohibited in' 0 all office environments 0 enclosed work facilities o areas where sanitation ma~ be a problem B Designated Smokeless Tobacco Areas 1. ~n such area8 where the use of smokeless tobacco i8 otherwise not prohibited, the preference of the people in the area shall dictate the status of that area The use of 8mokeles8 tobacco i8 permitted in the Tollowing desisnated area8 of ¢tty o~ned facilities' 0 City owned vehicles 0 area8 where sanitation is not a problem ~n areas where smokeless tobacco is permitted and prior to using smokeless tobacco, an employee must first secure the unanimous consent of all persons in that area REFERENCE TITt. E NUMSER USE 0~' 8t'[0KI~N0 ~ 8~0K~L~S8 TOBACCO [08 0~ It shall be the respons~bility of the user to clean up areas vhere smoke or smokele88 tobacco is petw~tted A supervisor me~ prohibit the use of smoke or smokeless tobacco for failure of the user to provide proper ~spoeal &n~ s&nitat~on of smoke or smokeless tobacco re.rants with the Guideline8 of th~e Folicy. The preferenoe of the nonuser of tobacco 8hall be eonst~ere~ controlling if a mutual agreement cannot be reanhe~. A~y employee vho ha8 & probleB, complaint, or concern the procedure8 outl~ne~ in Policy il§ O~ "Problem Solvtag" V In the event of an)' conflict between this policy &nd Article IV, "8KOK~MG," of CHAFT~R l~ of the CODE OF ORDINANCE8 OF THE C~TY OF DKNTON, vhichever is more restrictive shall be controll~ag 0~966 01/15/87 CERTIFICATE FOR RESOLUTION EXERCISING OPTION TO REDEEM CERTAIN UTILITY SYSTEM REVENUE BONDS OF THE CITY OF DENTONt TEXAS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON : We, the undersigned offlcers of sa~d City, hereby certify as follows: 1. The C~ty Council of sa~d Clty convened an SPECIAL MEETING ON THE 27TH DAY OF JANUARY, 1987, at the Municipal Building (C~ty Hall), and the roll was called of the duly constituted officers and members of sa~d City Council, to-w~t: Jennifer K. Walters, City Secretary Ray Stephens, Mayor Mark Chew L~nn~e McAdams Jane Hopkins Jim Alexander J~m Riddlesperger Joe Alford and all of sa~d persons were present, except the followlng absent~es:~ , thus constitut- ing a quorum. Whereupon, among other bus~ness, the following was transacted at said Meeting: a written RESOLUTION EXERCISING OPTION TO REDEEM CERTAIN UTILITY SYSTEM REVENUE BONDS OF THE CITY OF DENTON, TEXAS was duly introduced for the consideration of sa~d C~ty Council and duly read. It was then duly moved and seconded that sa~d Resolution be adopted; and, after due d~scuss~on, said motion, carrying w~th ~t the adoption of sa~d Resolution, prevailed and carried by the following vote: AYES: All members of said C~ty Council shown present above voted "Aye" NOES: None. 2. That a true, full, and correct copy of the aforesaid Resolution adopted at the Meeting described ~n the above and foregoing paragraph ~s attached to and follows th~s Cert~f~- ca~e; that said Resolution has been duly recorded ~n sa~d Clty Counczl's minutes of said Meeting; that the above and foregoing paragraph ~s a true, full, and correct excerpt from sa~d C~ty Council's m~nutes of said Meeting pertaining the adoption of sa~d Resolution; that the persons named ~n the above and foregoing paragraph are the duly chosen, quallf~ed, and acting officers and members of said Clty Council as ~nd~cated thereln; and that each of the officers and members of sa~d C~ty Council RESOLUTION ~-009 EXERCISING OPTION TO REDEEM CERTAIN UTILITY SYSTEM REVENUE BONDS OF THE CITY OF DENTON~ TEXAS WHEREAS, certain Utllmty System Revenue Bonds of the Cmty of Denton (the "City") are presently outstandmng and are subject to redemptmon prmor to scheduled maturmtmes, at the optmon of the Cmty; and WHEREAS, the Cmty has determmned to exercmse mts optmon of redemptmon as heremnafter provided THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS 1. That there ms attached hereto and made a part hereof for all purposes a lmst and descrmptmon of certamn Cmty of Denton utilmty System Revenue Bonds, and not~ce provmsmons relating thereto, whmch bonds are hereby called for redemp- tmon, and shall be redeemed, prmor to their scheduled maturm- tmes, on the date, at the place, and at the prmce, set forth therein. 2. That the Cmty shall cause the approprmate notmces of such redemption to be given an accordance wmth the requirements of the respectmve proceedings authorlzmng the mssuance of such bonds. 3. That due prov~smon shall be made by the Cmty mn accordance wmth law for the payment of the redemption price of said bonds by the place of payment (payxng agent) for such bonds. NOTICE OF REDEMPTION THE CITY OF DENTON (TEXAS) UTILITY SYSTEM REVENUE BONDS, SERIES 1984, dated as of March 1, 1984, scheduled to mature on December 1 in each of the years 1995 through 2004, being fully registered bonds payable to the registered owners thereof, in denominatlons in multlples of $5,000, aggregating $500,000 in prlnclpal amount (and being all of the outstanding bonds of said Series scheduled to mature on and after December 1, 1995), have been duly called for redemption prior to their scheduled maturities, and will be redeemed on December 1, 1994, at Texas American Bank/Fort Worth, N.A., Fort Worth, Texas, for the prlncipal amount thereof and accrued interest thereon to said date fixed for redemption. Due provision will be made by the City of Denton, Texas, in accordance with law, for the payment of the redemption price of sald bonds. Sald bonds shall not bear interest after December 1, 1994. NOTICE OF REDEMPTION THE CITY OF DENTON (TEXAS) UTILITY SYSTEM REVENUE BONDS, SERIES 1984-A, dated as of October 1, 1984, scheduled to mature on December 1 in each of the years 1995 through 2009, being fully registered Bonds payable to the registered owners there- of, in denominations in multiples of $5,000, aggregating $13,500,000 in principal amount (and being all of the outstand- ing bonds of said Series scheduled to mature on and after December 1, 1995), have been duly called for redemption prior to their scheduled maturities, and will be redeemed, on December 1, 1994, at Texas American Bank/Fort Worth, N. A., Fort Worth, Texas, for the principal amount thereof and accrued interest thereon to said date fixed for redemption. Due provision will be made by the City of Denton, Texas, in accor- dance with law, for the payment of the redemption price of said bonds. Said bonds shall not bear interest after December 1, 1994. was duly and sufficiently notified officially and personally, · n advance, of the time, place, and purpose of the aforesaid Meeting, and that sa~d Resolution would be ~ntroduced and considered for adoption at sa~d Meetlng; and that said Meeting was open to the public, and public not~ce of the time, place, and purpose of said meeting was g~ven, all as required by Vernon's Ann. Tex. Civ. St. Article 6252-17 3. That the Mayor of said C~ty has approved, and hereby approves, the aforesaid Resolution; that the Mayor and the C~ty Secretary of sa~d C~ty have duly s~gned sa~d Resolution; and that the Mayor and the C~ty Secretary of sa~d C~ty hereby declare that their signing of th~s Certificate shall constltute the signing of the attached and following copy of said Resolu- tion for all purposes. SIGNED AND SEALED the 27th day of January, 1987. ( SEAL ) We, the undersigned, being respectively the City Attorney and the Bond Attorneys of the C~ty of Denton, Texas, hereby certify that we prepared and approved as to legality the attached and following Resolution prior to its adoption as aforesaid. ' Attorne~ ' Bond A~torneys CERTIFICATE FOR RESOLUTION AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT RELATING TO THE REFUNDING OF CITY OF DENTON UTILITY SYSTEM REVENUE BONDS THE STATE OF TEXAS : COUNTY OF DENTON : CITY OF DENTON : We, the undersagned officers of said Caty, hereby certafy as follows' 1 The Clty Council of said Caty convened an SPECIAL MEETING ON THE 27TH DAY OF JANUARY, 1987, at the Munlclpal Bulldlng (City Hall), and the roll was called of the duly constatuted officers and members of saad City Councal, to-wit Jennafer K. Walters, C~ty Secretary Ray Stephens, Mayor Mark Chew Lannae McAdams Jane Hopkans Jim Alexander Jim Rlddlesperger Joe Alford and all of said persons were present, except the followang ab~_nt~ees. , thus constitut- ing a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT RELATING TO THE REFUNDING OF CITY OF DENTON UTILITY SYSTEM REVENUE BONDS was duly antroduced for the conslderataon of sa~d City Council and duly read It was then duly moved and seconded that saad Resolution be adopted; and, after due discussion, sa~d motaon, carryang wlth it the adoptlon of said Resolution, prevailed and carried by the following vote: AYES- All members of said Caty Councal shown present above voted "Aye" NOES. None 2 That a true, full, and correct copy of the aforesaid Resolution adopted at the Meeting described an the above and foregoing paragraph as attached to and follows this Certafl- cate, that saad Resolutlon has been duly recorded in sa~d City Council's minutes of said Meetang; that the above and foregoing paragraph lsa true, full, and correct excerpt from said Caty Councal's manutes of sa~d Meetang pertaining the adoptaon of sal~ Resolutaon, that the persons named an the above and foregoing paragraph are the duly chosen, qualified, and actlng offlcers and members of sald Clty Council as indicated therein; and that each of the officers and members of said Clty Council was duly and sufficiently notlfled officially and personally, in advance, of the t~me, place, and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for adoptlon at said Meetlng; and that said Meeting was open to the publlc, and publlc notice of the tame, place, and purpose oi sald meeting was given, all as required by Vernon's Ann Tex. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Resolution, that the Mayor and the City Secretary of sa~d Clty have duly slgned sa~d Resolution; and that the Mayor and the C~ty Secretary of sa~d C~ty hereby declare that their slgning of this Certificate shall constitute the signing of the attached and following copy of said Resolu- tion for all purposes. SIGNED AND SEALED the 27th day of January, 1987 ~ ~ty Secretary ~ ~ Mayor (SEAL) We, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby certify that we prepared and approved as to legality the attached and followlng Resolution prior to its adoption as aforesaid City Attorn~ Bond Attorneys RESOLUTION ~-O~O AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT RE- LATING TO THE REFUNDING OF CITY OF DENTON UTILITY SYSTEM REVENUE BONDS THE STATE OF TEXAS : COUNTY OF DENTON CITY OF DENTON WHEREAS, it ms necessary and advisable that the City of Denton (the "Clty") enter into the escrow agreement hereinafter authorlzed with Texas Amerlcan Bank/Fort Worth, N.A , Fort Worth, Texas. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: Sectlon 1. That the Mayor and the City Secretary of the City are authorized and directed, for and on behalf of the City to sign, seal, and otherwise execute and deliver an escrow agreement in substantially the form and substance attached to this Resolution and made a part hereof for all purposes. Section 2. That, upon its execution and delmvery by the parties thereto, said escrow agreement shall constitute a binding and enforceable agreement of the City in accordance with its terms and provisions. ESCROW AGREEMENT City of Denton Utll~ty System Revenue Bonds, Series 1984 and Series 1984-A THIS ESCROW AGREEMENT, dated as o~ JANUARY 1, 1987 (herein, together with any amendments or supplements hereto, called the "Agreement") is entered into by and between the CITY OF DENTON, TEXAS (herein called the "Issuer") and TEXAS AMERICAN BANK/FORT WORTH, N.A., FORT WORTH, TEXAS, as escrow agent (here~n, together with any successor in such capacity, called the "Escrow Agent"). The addresses of the Issuer and the Escrow Agent are shown on Exhibit "A" attached hereto and made a part hereof. W I TNE S S E T H: WHEREAS, the Issuer heretofore has issued or assumed, and there presently remain outstanding, the legal obligations of the Issuer described in Exhibit "B" attached hereto (the "Refunded Obllgatlons"); and WHEREAS, the Refunded Obligations are scheduled to come due in such years, bear interest at such rates, and be payable at such times and in such amounts as are set forth ~n Exhibit "C" attached hereto and made a part hereof; and WHEREAS, when farm banking arrangements have been made for the payment of all principal and interest of the Refunded Obligations when due, then the Refunded Obligations shall no longer be regarded as outstanding except for the purpose of receiving payment from the funds provided for such purpose; and WHEREAS, Vernon's Ann. Tex. Civ. St. Article 717k, as amended, authorizes the Issuer to ~ssue refunding bonds and to deposit the proceeds from the sale thereof, and any other avallable funds or resources, directly w~th any place of payment (paying agent) for any of the Refunded Obligations, and such deposit, if made before such payment dates and ~n suffi- cient amounts, shall constitute the making of f~rm banking and financial arrangements for the discharge and f~nal payment of the Refunded Obligations; and WHEREAS, Article 717k further authorizes the Issuer to enter into an escrow agreement w~th any such paying agent for any of the Refunded Obligations with respect to the safe- keeping, investment, administration and disposition of any such deposit, upon such terms and conditions as the Issuer and such paying agent may agree, provided that such deposits may be invested only in direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, and which may be in book entry form, and which shall mature and/or bear interest payable at such times and in such amounts as will be sufficient to provide for the scheduled payment of principal and interest on the Refunded Obligations when due; and WHEREAS, the Escrow Agent is the place of payment (paying agent) for all of the Refunded Obligations, and this Agreement constitutes an escrow agreement of the kind authorized and required by said Article 717k; and WHEREAS, Article 717k makes it the duty of the Escrow Agent to comply with the terms of this Agreement and timely make available as the place of payment {paying agent) for the Refunded Obligations the amounts required to provide for the payment of the principal of and interest on such obligations when due, and in accordance w~th their terms, but solely from the funds, in the manner, and to the extent provided in this Agreement; and WHEREAS, the issuance, sale, and delivery of City of Denton Utility System Revenue Refunding Bonds, Ser~es 1987 (the "Refunding Obligations") have been duly authorized to be issued, sold, and delivered for the purpose of obtaining funds required to provide for the payment of the principal of and interest on the Refunded Obligations when due; and WHEREAS, the Issuer desires that, concurrently with the delivery of the Refunding Obligations to the purchasers there- of, certain proceeds of the Refunding Obligations, together wl~h certain other available funds of the Issuer, shall be applied to purchase certain direct obligations of the United States of America hereinafter defined as the "Escrowed Securi- ties'' for deposit to the credit of the Escrow Fund created pursuant to the terms of this Agreement and to establish a beginning cash balance (if needed) in such Escrow Fund; and WHEREAS, the Escrowed Securities shall mature and the interest thereon shall be payable at such times and in such amounts so as to provide moneys which, together with cash balances from time to time on deposit in the Escrow Fund, will be sufficient to pay interest on the Refunded Obligations as it accrues and becomes payable and the principal of the Refunded Obligations as it becomes due and payable; and WHEREAS, to facilitate the receipt and transfer of pro- ceeds of the Escrowed Securities, particularly those in book 2 entry form, the Issuer desires to establish the Escrow Fund at the principal corporate trust office of the Escrow Agent; and WHEREAS, the Escrow Agent is a party to this Agreement to acknowledge its acceptance of the terms and provisions hereof, NOW, THEREFORE, in consideration of the mutual undertak- ings, promises and agreements herein contained, the sufficiency of which hereby are acknowledged, and to secure the full and timely payment of principal of and the interest on the Refunded Obligations, the Issuer and the Escrow Agent mutually under- take, promise, and agree for themselves and their respective representatives and successors, as follows ARTICLE I DEFINITIONS AND INTERPRETATIONS Section 1.01. Definitions· Unless the context clearly indicates otherwise, the following terms shall have the mean- lngs assigned to them below when they are used in this Agree- ment~ "Code" means the Internal Revenue Code of 1986, as amended, and the rules and regulations thereunder "Escrow Fund" means the fund created by this Agreement to be administered by the Escrow Agent pursuant to the provisions of this Agreement. "Escrowed Securities" means the noncallable United States Treasury obligations described in Exhibit "D" attached to this Agreement. Section 1.02. Other Definitions. The terms "Agreement", "Issuer", "Escrow Agent", "Refunded Obligations", "Refunding Obligations" and "Paying Agent", when they are used in this Agreement, shall have the meanings aaslgned to them in the preamble to this Agreement. Section 1.03. Interpretations. The titles and headings of the articles and sections of this Agreement have been Inserted for convenience and reference only and are not to be considered a part hereof and shall not in any way modify or restrict the terms hereof. This Agreement and all of the terms and provisions hereof shall be liberally construed to effect- uate the purposes set forth herein and to achieve the intended purpose of providing for the refunding of the Refunded Obliga- tions in accordance with applicable law. ARTICLE II DEPOSIT OF FUNDS AND ESCROWED SECURITIES Section 2.01. Deposits in the Escrow Fund. Concurrently with the sale and delivery of the Refunding Obligations the Issuer shall deposit, or cause to be deposited, with the Escrow Agent, for deposit in the Escrow Fund, the cash and Escrowed Securities described in Exhibit "D" attached hereto, and the Escrow Agent shall, upon the receipt thereof, acknowledge such receipt to the Issuer in writing. ARTICLE III CREATION AND OPERATION OF ESCROW FUND Section 3.01. Escrow Fund. The Escrow Agent has created on its books a special trust fund and irrevocable escrow to be known as the City of Denton Utility System Revenue Bonds, Series 1984 and Series 1984-A Escrow Fund (the "Escrow Fund"). The Escrow Agent hereby agrees that upon receipt thereof it will deposit to the credit of the Escrow Fund the cash and the Escrowed Securities described in Exhibit "D" attached hereto Such deposit, all proceeds therefrom, and all cash balances from time to time on deposit therein (a) shall be the property of the Escrow Fund, (b) shall be applied only in strict con- formlty with the terms and conditions of this Agreement, and (c) are hereby irrevocably pledged to the payment of the principal of and Interest on the Refunded Obligations, which payment shall be made by timely transfers of such amounts at such times as are provided for in Section 3.02 hereof. When the final transfers have been made for the payment of such principal of and interest on the Refunded Obligations, any balance then remaining in the Escrow Fund shall be transferred to the Issuer, and the Escrow Agent shall thereupon be dis- charged from any further duties hereunder. Section 3.02. Payment of Principal and Interest. The Escrow Agent is hereby irrevocably instructed to transfer from the cash balances from time to time on deposit in the Escrow Fund, the amounts required to pay the principal of and interest on the Refunded Obligations, when due, in the amounts and at the times shown in Exhibit "C" attached hereto. Section 3.03. Sufficiency of Escrow Fund. The Issuer represents that the successive receipts of the principal of and Interest on the Escrowed Securities will assure that the cash balance on deposit from time to time in the Escrow Fund will be at all times sufficient to provide cash for transfer to the Paying Agent at the times and in the amounts required to pay the interest on the Refunded Obligations as such Interest comes due and the principal of the Refunded Obligations as the Refunded Obligations mature, all as more fully set forth in Exhibit "E" attached hereto. If, for any reason, at any time, the cash balances on deposit or scheduled to be on deposit in the Escrow Fund shall be insufficient to transfer the amounts required by each place of payment (paying agent) for the Refunded Obligations to make the payments set forth in Section 3.02 hereof, the Issuer shall timely deposit in the Escrow Fund, from any funds that are lawfully available therefor, additional funds in the amounts required to make such payments. Notice of any such insufficiency shall be given promptly as hereinafter provided, but the Escrow Agent shall not in any manner be responsible for any insufficiency of funds in the Escrow Fund or the Issuer's failure to make additional deposits thereto. Section 3.04. Trust Fund. The Escrow Agent shall hold at all times the Escrow Fund, the Escrowed Securities and all other assets of the Escrow Fund, wholly segregated from all other funds and securities on deposit with the Escrow Agent, it shall never allow the Escrowed Securities or any other assets of the Escrow Fund to be commingled with any other funds or securities of the Escrow Agent; and it shall hold and dispose of the assets of the Escrow Fund only as set forth herein. The Escrowed Securltles and other assets of the Escrow Fund shall always be maintained by the Escrow Agent as trust funds for the benefit of the owners of the Refunded Obligations; and a special account thereof shall at all times be maintained on the books of the Escrow Agent. The owners of the Refunded Obliga- tions shall be entitled to the same preferred claim and first lien upon the Escrowed Securities, the proceeds thereof, and all other assets of the Escrow Fund to which they are entitled as owners of the Refunded Obligations. The amounts received by the Escrow Agent under this Agreement shall not be considered as a banking deposit by the Issuer, and the Escrow Agent shall have no right to title with respect thereto except as a con- structive trustee and Escrow Agent under the terms of this Agreement. The amounts received by the Escrow Agent under this Agreement shall not be subject to warrants, drafts or checks drawn by the Issuer or, except to the extent expressly herein provided, by the Paying Agent. Section 3.05. Securlt~ for Cash Balances. Cash balances from time to time on deposit in the Escrow Fund shall, to the extent not insured by the Federal Deposit Insurance Corporation or its successor, be continuously secured by a pledge of direct obligations of, or obligations unconditionally guaranteed by, the United States of America, having a market value at least equal to such cash balances. ARTICLE IV LIMITATION ON INVESTMENTS Section 4.01. Except for the initial investment of the proceeds of the Refunding Obligations in the Escrowed Securi- ties, the Escrow Agent shall not have any power or duty to invest or reinvest any money held hereunder, or to make substi- tutions of the Escrowed Securities, or to sell, transfer, or otherwise dispose of the Escrowed SecurIties. Section 4.02. Allocation of Certain Escrowed Securities. Except as provided in this Section 4.04, the maturing principal of and interest on the Escrowed Securltles may be applied to the payment of any Refunded Obligations and no allocation or segregation of the receipts of principal or interest from such Escrowed Securities is required. The maturing principal of and interest on the Escrowed Securities listed in Exhibit "G" hereto shall be allocated and applied only to pay the Refunded Obligations listed on Exhibit "G" hereto. Section 4.03. Arbitrage. The Issuer hereby covenants and agrees that it shall never request the Escrow Agent to exercise any power hereunder or permit any part of the money an the Escrow Fund or proceeds from the sale of Escrowed Securi- ties to be used directly or indirectly to acqulre any secure- ties or obligations if the exercise of such power or the acquisition of such securities or obligations would cause any Refunding Obligations or Refunded Obligations to be an "arbi- trage bond" within the meaning of Section 103 of the Code. ARTICLE V APPLICATION OF CASH BALANCES Section 5.01. In General. Except as provided in Section 3.02 hereof, no withdrawals, transfers, or re~nvestment shall be made of cash balances in the Escrow Fund. ARTICLE VI RECORDS AND REPORTS Section 6.01. Records. The Escrow Agent will keep books of record and account-~--t~--~hlch complete and correct entries shall be made of all transactions relating to the receipts, disbursements, allocations and application of the money and Escrowed Securities deposited to the Escrow Fund and all proceeds thereof, and such books shall be available for in- spection at reasonable hours and under reasonable conditions by the Issuer and the owners of the Refunded Obligations. Section 6.02. Reports. While this Agreement remains in effect, the Escrow Agent annually shall prepare and send to the Issuer a written report summarizing all transactions relating to the Escrow Fund during the preceding year, ~ncluding, without limitation, credits to the Escrow Fund as a result of interest payments on or maturities of the Escrowed Securities and transfers from the Escrow Fund for payments on the Refunded Obligations or otherwise, together with a detailed statement of all Escrowed Securities and the cash balance on deposit in the Escrow Fund as of the end of such period. ARTICLE VII CONCERNING THE PAYING AGENTS AND ESCROW AGENT Sectlon 7.01. Representations. The Escrow Agent hereby represents that it has all necessary power and authority to enter into this Agreement and undertake the obligations and responsibilities imposed upon it herein, and that it will carry out all of its obligations hereunder. Section 7.02. Limitation on Liability. The liability of the Escrow Agent to transfer funds for the payment of the principal of and interest on the Refunded Obligations shall be limited to the proceeds of the Escrowed Securities and the cash balances from time to time on deposit in the Escrow Fund. Notwithstanding any provision contained here~n to the contrary, neither the Escrow Agent nor the Paying Agent shall have any liability whatsoever for the insufficiency of funds from time to time in the Escrow Fund or any failure of the obligors of the Escrowed Securities to make timely payment thereon, except for the obligation to notify the Issuer promptly of any such occurrence. The recitals herein and in the proceedings authorizing the Refunding Obligations shall be taken as the statements of the Issuer and shall not be considered as made by, or imposing any obligation or liability upon, the Escrow Agent. The Escrow Agent is not a party to the proceedings authorizing the Refund- ing Obligations or the Refunded Obligations and is not respon- sible for nor bound by any of the provisions thereof (except as a place of payment and paying agent and/or a Paying Agent/- Registrar therefor). In its capacity as Escrow Agent, it is agreed that the Escrow Agent need look only to the terms and provisions of this Agreement. The Escrow Agent makes no representations as to the value, condltlons or sufficiency of the Escrow Fund, or any part thereof, or as to the title of the Issuer thereto, or as to the security afforded thereby or hereby, and the Escrow Agent shall not incur any liability or responsibility in respect to any of such matters. It ls the intention of the parties hereto that the Escrow Agent shall never be requlred to use or advance its own funds or otherwise lncur personal financial liability in the perfor- mance of any of its duties or the exercise of any of lts rights and powers hereunder. The Escrow Agent shall not be liable for any action taken or neglected to be taken by it in good faith in any exercise of reasonable care and believed by it to be within the discretion or power conferred upon it by this Agreement, nor shall the Escrow Agent be responsible for the consequences of any error of judgment; and the Escrow Agent shall not be answerable exaept for its own action, neglect or default, nor for any loss unless the same shall have been through its negligence or want of good falth. Unless it ls specifically otherwise provided herein, the Escrow Agent has no duty to determine or 1nqulre into the happening or occurrence of any event or contingency or the performance or failure of performance of the Issuer with respect to arrangements or contracts with others, with the Escrow Agent's sole duty hereunder belng to safeguard the EsCrow Fund, to dispose of and deliver the same in accordance wlth this Agreement. If, however, the Escrow Agent is called upon by the terms of this Agreement to determine the occurrence of any event or contingency, the Escrow Agent shall be obll- gated, in making such determination, only to exerclse reason- able care and diligence, and in event of error in making such determination the Escrow Agent shall be liable only for its own misconduct or its negligence. In determlnlng the occurrence of any such event or contingency the Escrow Agent may request from the Issuer or any other person such reasonable additional evidence as the Escrow Agent in its discretion may deem neces- sary to determine any fact relating to the occurrence of such event or contingency, and in this connection may make ~nqulries of, and consult with, among others, the Issuer at any time Section 7.03. Compensation. (a) Concurrently with the sale and delivery of the Refunding Obligations, the Issuer shall pay to the Escrow Agent, as a fee for performing the services hereunder and for all expenses incurred or to be incurred by the Escrow Agent ~n the administration of th~s Agreement, the sL~m of $7,500.00, the sufficiency of which is hereby acknowledged by the Escrow Agent. In the event that the Escrow Agent is requested to perform any extraordinary services hereunder, the Issuer hereby agrees to pay reasonable fees to the Escrow Agent for such extraordinary services and to re- Imburse the Escrow Agent for all expenses incurred by the Escrow Agent in performing such extraordinary services, and the Escrow Agent hereby agrees to look only to the Issuer for the payment of such fees and reimbursement of such expenses The Escrow Agent hereby agrees that in no event shall it ever assert any claim or lien against the Escrow Fund for any fees for its servlces, whether regular or extraordinary, as Escrow Agent, or in any other capacity, or for reimbursement for any of its expenses. (b) Concurrently with the sale and delivery of the Refunding Obligations the Issuer shall pay to the Escrow Agent the sum of $17,500.00, the sufficiency of which Ks hereby acknowledged by the Escrow Agent, for all future paying agency services of the Escrow Agent with respect to the Refunded Obligations; and the Escrow Agent warrants that such sum is sufficient for such purpose, and that it has confirmed such sufficiency. (c) The Issuer further agrees, separately and indepen- dently from the amounts described In (a) and (b), above, to pay to Texas American Bank/Fort Worth, N A., Fort Worth, Texas (which is the Paying Agent/Registrar for the Refunded Obliga- tions its fees and charges for performing the registrar and transfer agent services only of such Paying Agent/Registrar in accordance with the provis~ons of the proceedings authorizing the issuance of said Refunded Obligations; and that for such services relating solely to ~ts functions as registrar and transfer agent for the registration and transfer of said Refunded Obligations, said Paying Agent/Registrar will be responsible for bllllng the Issuer for its fees and expenses from time to time for contlnulng to act solely as such regis- trar and transfer agent. (d) Upon recelpt of the aforesald speclflc sums stated in subsections (a) and (b) of this Section 7.03 for Escrow Agent and paying agency fees, expenses, and services, the Escrow Agent shall acknowledge such receipt to the Issuer in writing. Section 7.04. Successor Escrow Agents. If at any time the Escrow Agent or its legal successor or successors should become unable, through operation or law or otherwise, to act as escrow agent hereunder, or if its property and affairs shall be taken under the control of any state or federal court or adminlstratlve body because of insolvency or bankruptcy or for any other reason, a vacancy shall forthwith exist in the office of Escrow Agent hereunder. In such event the Issuer, by appropriate action, promptly shall appoint an Escrow Agent to fill such vacancy. If no successor Escrow Agent shall have been appointed by the Issuer within 60 days, a successor may be appointed by the owners of a ma3orlty in principal amount of the Refunded Obligations then outstanding by an ~nstrument or instruments in writing filed with the Issuer, signed by such owners or by their duly authorized attorneys-In-fact. If, in a proper case, no appointment of a successor Escrow Agent shall be made pursuant to the foregoing provisions of this section within three months after a vacancy shall have occurred, the owner of any Refunded Obligatlon may apply to any court of competent jurisdiction to appoint a successor Escrow Agent Such court may thereupon, after such not~ce, if any, as ~t may deem proper, prescribe and appoint a successor Escrow Agent. Any successor Escrow Agent shall be a corporation organ- ized and doing business under the laws of the United States or the State of Texas, authorized under such laws to exercise corporate trust powers, having 1ts principal office and place of bus~ness in the State of Texas, having a combined capital and surplus of at least $5,000,000 and sub3ect to the super- vision or examination by Federal or State authority. Any successor Escrow Agent shall execute, acknowledge and deliver to the Issuer and the Escrow Agent an instrument accepting such appointment hereunder, and the Escrow Agent shall execute and deliver an instrument transferring to such successor Escrow Agent, subject to the terms of this Agreement, all the rights, powers and trusts of the Escrow Agent here- under. Upon the request of any such successor Escrow Agent, the Issuer shall execute any and all instruments ~n writing for more fully and certainly vesting in and confirming to such successor Escrow Agent all such rights, powers and duties. The Escrow Agent shall pay over to its successor Escrow Agent a proportional part of the Escrow Agent's fee hereunder. ARTICLE VIII MISCELLANEOUS Section 8.01. Notice. Any notice, author~zatlon, re- quest, or demand requ--r~or permitted to be given hereunder shall be in writing and shall be deemed to have been duly given when mailed by registered or certified mail, postage prepaid addressed to the Issuer or the Escrow Agent at the address shown on Exhibit "A" attached hereto. The United States Post Office registered or certified mall receipt showing delivery of the aforesaid shall be conclusive evidence of the date and fact of delivery. Any party hereto may change the address to which 10 notlces are to be delivered by g~ving to the other part~es not less than ten (10) days prior not~ce thereof. Section 8.02. Termination of Respons~bllltles. Upon the taklng of all the actions as described herein by the Escrow Agent, the Escrow Agent shall have no further obligatIons or responsibllltles hereunder to the Issuer, the owners of the Refunded Obligations or to any other person or persons ~n connection with this Agreement. Section 8.03. Binding Agreement. Th~s Agreement shall be binding upon the Issuer and the Escrow Agent and their respec- tive successors and legal representatives, and shall inure solely to the benefit of the owners of the Refunded Obliga- tions, the Issuer, the Escrow Agent and their respective successors and legal representatives. Section 8.04. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be lnvalld, illegal or unenforceable in any respect, such invalldity, illegality or unenforceablllty shall not affect any other provisions of thls Agreement, but th~s Agree- ment shall be construed as if such 1nvalld or ~llegal or unenforceable provision had never been contained herein. Section 8.05. Texas Law Governs. This Agreement shall be governed exclusively by the provisions hereof and by the applicable laws of the State of Texas. Section 8.06. Time of the Essence. Time shall be of the essence in the performance of obligations from t~me to t~me ~mposed upon the Escrow Agent by this Agreement. Section 8.07. Effective date of Agreement. This Agree- ment shall be effective upon receipt by the Escrow Agent of the funds described in Exhibit "D" attached hereto and the Escrowed Securities, together with the specific sums stated in subsec- tlons (a) and (b) of Section 7.03 for Escrow Agent and paying agency fees, expenses, and services. 11 EXECUTED as of the date f~rst written above. CITY OF DENTON, TEXAS By Mayor ATTEST: City Secretary (CITY SEAL) TEXAS AMERICAN BANK/FORT WORTH, N.A., FORT WORTH, TEXAS By Vice President ATTEST: Assistant Cashier (BANK SEAL) 12 Next Document 1658L RESOLUTION A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE LICENSE AGREEMENTS WITH VARIOUS RAILROAD COMPANIES UNDER CERTAIN CIRCUMSTANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, from time to time, there is a necessxty to obtain license agreements with varxous railroad companies to enable the City to construct and lay out certaxn utxlltxes, and, WHEREAS, the City staff having recommended that the City Manager or his designee be authorized to execute such administrative agreements where the conslderatxon to be paid by the City for such licenses is less than $10,000, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS. SECTION I. That the City Manager is hereby authorized to execute license agreements with various railroad companies xn the event the consideration for such lxcense ~s less than $10,000. SECTION II. That this resolution shall take effect ~mmedlately upon its passage and approval. PASSED AND APPROVED this the ~,cd/ day of ~, 1987 ATTEST. JE~I~ER~WALTERS AC~I~G CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS' THIS ASSIGNMENT, made this 8th day of April, 1987, by and between the MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, hereinafter called "Railroad Company", and GOLDEN TRIANGLE ~IOINT VENTUR£, tlerber~ D. Weitzman, Venture Manager, hereinafter called "Assignor"; and CITY OF DENTON, TEXAS, hereinafter called "Assignee". WITNESSETH' THAT the Railroad Company and Assignor entered into a Pipe Line License Agreement l covering drainage improvements at Mile Post K-723.84, dated February 1, 1987, as shown on Drawing No. B-4886, s~tuated in Denton, Texas, and carried ~n Railroad Company's records as Agreement No. 3?898 , hereinafter designated as "Agreement". Assignor desires, subject tO the consent of the Railroad Company, to assign said Agreement to Ass ~gnee. IT IS, THEREFORE, mutually agreed between the part~es hereto, as follows. 1 In consideration of the sum of ONE AND NO/lO0 ($1.00) DOLLAR, by Assignor to Railroad Company in hand pa~d, receipt of which is hereby acknowledged, and of other good and valuable considerations, the Railroad Company hereby consents to the assignment of sa~d Agreement from Assignor to Assignee. 2. Assignee has thoroughly read said Agreement, and is familiar with ~ts terms and conditions, and hereby accepts the foregoing assignment; and agrees to use said premises for the purpose of maintaining five (5) 42-inch X 40 foot corrugated metal p~pes and headwalls, together w~th an existing 4' X 3' box culvert, and ~n consideration of the Railroad Company consenting thereto, undertakes and agrees to and with the Railroad Company to carry out and perform all the terms and conditions of said Agreement to be by Assignor carried out and performed; except that Assignee agrees to ~ndemn~fy and hold harmless the Railroad iCompany from any and all liability for or on account of any ~njury or death of many persons or damage to property resulting from any negligent act or omission of Assignee in constructing, maintaining, using, reconstructing or relocating sa~d crossing. Assignee shall protect, indemnify and hold harmless Licensor from all such claims, demands, suits or actions growing out of any such loss, ~ncluding investigation costs, court costs and attorneys' fees. To this extent, Assignee hereby modifies Section 3 of said P~pe L~ne License Agreement Assignee agrees not to assign said Agreement, or any right or ~nterest therein, without the consent in writing of the Railroad Company. Assignee further agrees that Railroad Company shall not be liable for any damage to sa~d crossing or the contentslthereof, ~ncluding loss of use or consequential damages, however such damage shall be caused, except when caused by the sole negligence of Railroad Company, its agents, servants, or employees Further, Assignee shall not have or make against Railroad Company any claim or demand for or on account of any damage Assignee may suffer or sustain because of any failure of Railroad Company's t~tle to the r~ght of way and lands occupied by sa~d crossing or any part thereof. -1- 3. Nothing herein contained shall be construed to release Assignor from any liability or obligation to the Railroad Company which has accrued or which may be accruing at the date hereof, or from any future liability or obllgatlon to Railroad Company, not assumed by Assignee, which Assignor would have had in the absence of this Assignment. IN WITNESS WHEREOF, the parties hereto have executed this Assignment the day and year first above written. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY GOLDEN TRIANGLE JOINT VENTURE/ Herb~e~r~ O. Welt?an/, Ven/~4anager ~ice ~'r~ldent v, Title Venture Man(~ger CITY OF DENTON, TEXAS Title M~jt~or'~ Address Municipal Building Denton, Texas 76201 File T-18753-B -2- 0330L RESOLUTION A RESOLUTION BY THE COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS CRIMINAL JUSTICE DIVISION REQUESTING FUNDING FOR A JUVENILE POLICE OFFICER, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it IS necessary for the Council of the Cxty of Denton to authorize the submission of an applxcatlon to the Texas Criminal Justice D1vlslon requesting funding for a Juvenile Police Officer to augment the City's Juvenile Law Enforcement Program, and WHEREAS, Article 4413 (52a), V T.C.S was amended to enable the Criminal Justice Division of the State of Texas to allocate grants and administer criminal 3ustlce programs on a statew~de level, and WHEREAS, the City of Denton is eligible to receive such funds and desires to promote the public safety and well-being of its citizens through increasing the effectiveness of the Denton Police Department in its law enforcement relating to juveniles, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the City Council of the City of Denton, Texas, certifies that the City is eligible to receive a funding allocation from the Texas Criminal Justice Division for a Juvenile Police Officer to augment the City's Juvenile Law Enforcement Program and hereby authorizes the staff to submit an application for such funds. SECTION II. That the City Council hereby authorizes and directs the C~ty Manager, or his designee, to represent and act on behalf of the City of Denton in working with the Criminal Justice Division in regard to such grant application. S~CTION III That a copy of this Resolution shall be forwarded to the Texas Criminal Justice Division and the North Texas Central Council of Governments. SECTION IV That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the~~j~' ~ day o£ , 1987 ATTEST' JBN~I~FBR ~;CLTERS; AETYNG CITY SECRETARY CITYk.~DF D]~NTON, TEXAS APPROVED AS TO LEGAL FORM' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 1699L RESOLUTION NO ~ A RESOLUTION SUPPORTING THE APPLICATION OF HELP OUR PEOPLE EMERGE FOR FUNDING FROM USA FOR AFRICA/HANDS ACROSS AMERICA, AND PROVID- ING AN EFFECTIVE DATE. WHEREAS, Help Our People Emerge (H O.P E.), Inc. was estab- lished on June 23, 1986 in an effort to assist the homeless citizens of the City of Denton, and WHEREAS, after careful consideration, the H.O.P E., Inc Board of Directors has submitted an application to USA for AfrIca/Hands Across America in order to acquire funding so that a larger number of homeless families may be served, and WHEREAS, the City Council of the City of Denton wishes to recognize this worthy endeavor, NOW, THEREFORE, BB IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the Denton City Council hereby affirms its support of the application of Help Our People Emerge for funding from USA for Africa/Hands Across America. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~/'~ day of ~, 1987 ATTEST. JENN~ER ~ALTERS, ACTING CITY SECRETARY CITY~F D~NTON, TEXAS APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 0989L RESOLUTION NO. A RESOLUTI'N BY THE COUNCIL OF THE CITY OF DENTON AUTHORIZING PARTICIPATI)N IN THE SECTION 312 PROGRAM OF THE HOUSING ACT OF 1064, AND PROVID] ~G AN EFFECTIVE DATE. WHEREAt, the Fort Worth Regional Office of the U. S. Department of Housing and Urban Development has Section 512 Rehabilitation loan funds ava~ able for dlstrxbut~on to c~t~es certifying their desire to part~cl]ate in the Section 512 Program and committing themselves to payxng the adm~nxstratlve costs ~ncurred ~n operating the program, al WHERMA~ the City Council of the C~ty of Denton, Texas, believes xt to be .n the best ~nterests of the cxtlzens of Denton to partlc~pat~ xn such program, NOW, THEREFORE, BE IT RESOI rED BY THE COUNCIL OF THE CITY OF DENTON. SECTIO1 I. That the C~ty of Denton, Texas, hereby certifies ~ts desire to mrtlcxpate ~n the "Sectxon 312 Program," Section 512 of the Housxn Act of 1964, 42 U.S.C. 1452b., as amended, and hereby commits it ~elf to pay the administrative costs incurred ~n the operation the program. SECTIO II. That Elizabeth Evans, Community Development Manager and Barbar~ Ross, Community Development Coordinator of the Office of Community ]evelopment of the C~ty of Denton are hereby authorized to submit the appropriate applxcat~on for Section 512 RehaMl~tat~on loan funds xnclud~ng a copy of th~s Resolution therewith. SECTIO] III. Th~s Resolut*on shall become effective ~mmed~ately upon ~ts p~ ssage and approval. PASSED AND APPROVED th~s the ,~ day of ~, 1987. ATTEST JE~IF~R~ALTERS AC~NG CITY SBCRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 1683L RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE VARIOUS CONTRACTS AND AMENDMENTS RELATING TO THE CITY'S PARTICIPATION IN THE TEXAS RENTAL REHABILITATION PROGRAM. WHEREAS, the Texas Department of Community Af£alrs, administrator for the Texas Rental Rehabllxtatlon Program, has requested that the City Council adopt a resolution authorizing the Mayor to execute various contracts and amendments relating to the City's partlcxpatlon in the Texas Rental Rehabllxtat~on Program, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS. SECTION I. That the Mayor is hereby authorized to execute various contracts and amendments relating to the City's partIcipation in the Texas Rental Rehabilitation Program. SECTION II. That this resolution shall become effective lmmedxately upon its passage and approval. ATTEST. J EN]~>~FER WIlL T ER"S ACT~I~ CITY~ SECRETARY CITY"'OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 194~1 RESOLUTION NO./~C~/~ A RESOLUTION APPOINTING TWO MEMBERS TO THE INITIAL BOARD OF MANAGERS FOR THE PROPOSED EMERGENCY CO~UNICATION DISTRICT, AND DECLARING AN EFFECTIVE DATE. WHEREAS, Article 1432e, V.A.C.S provides that two voting members of the ~n~t~al Board of Managers of an Emergency Communication D~str~ct shall be appointed 3o~ntly by all c~t~es and towns lying wholly or partly w~th the dlstr~ct, and WHEREAS, the C~ty of Denton, Texas w~shes to make such appointments, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City of Denton, Texas hereby appoints Olive stephens and David Purifoy as members to the initial board of Managers of the Emergency Communication D~str~ct of Denton County. SECTION II. That th~s resolution shall become e£fect~ve ~mmedlately upon ~ts passage and approval. PASSED AND APPROVED this the~~- day o£~~, 1987 CITY O~DENTON, TEXAS ATTEST. JBNI~I~ER W~LTBRS, ACTING CITY SECRETARY CITY~ DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 1720 RESOLUTION NO. ~'OIq A RESOLUTION ENDORSING THE MAYOR'S CRIMINAL JUSTICE TASK FORCE FOR THE TEXAS WAR ON CRIME; AND DECLARING AN EFFECTIVE DATE WHEREAS, the Mayor's Criminal Justice Task Force's position is that the first function of government is to protect and safeguard the l~ves and property of its citizens, and WHEREAS, the law enforcement function is one of the govern- ment's top and most basic prIorities, and WHEREAS, public officials, law enforcement support groups and concerned citizens have a strong desire to reform the criminal ]ustlce system to be more effective in preventing and reducing crime, and WHEREAS, numerous problems facing the criminal justice system must be resolved through legislative reform at the state level, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the City Council of the City of Denton, Texas, hereby endorses and supports the Mayor's Criminal Justice Task Force and their efforts in the Texas War on Cr~me. SECTION II. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Denton, and is accordingly so resolved. PASSED AND APPROVED th~s the 3rd day of/February, 1987. CITY OF DENTON, TEXAS ATTEST. JEN~I~FBR W~LTERS ACTi~N~ CITI~ SECRETARY CITY"'OF DENTON, TEXAS APPROVED AS TO LEGAL FORM. DEBRA ADA~I DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS lO03L RESOLUTION NO. ~ ~.__~_~ A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF MARCH 3, 1987, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the regular Council meeting of the City of Denton scheduled for March 3, 1987 is hereby postponed, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I. That the regular Council meeting to be held on March 3, 1987 be postponed until March 10, 1987. PASSED AND APPROVED this the /~f~- day of ~, 1987. ATTEST ACTinG, CITY SECRETARY CITY"OF D~NTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 1726L RESOLUTION NO.~ A RESOLUTION ADOPTING AN INVESTMENT POLICY FOR CERTAIN FUNDS FOR THE CITY OF DENTON, AND DECLARING AN EFFECTIVE DATE WHEREAS, the Director of the Department of ~lnance for the C~ty of Denton has presented a proposed policy regarding the ~nvestment of certain C~ty funds and the polxcy's purpose xs to maxntaxn a mxnxmum of cash available to meet da~ly needs of the C~ty and to provide protectxon for the C~ty's pr~ncxpal wh~le recexwng the h~ghest yxeld possible for ~nvest~ng temporary excess cash, and WHEREAS, the Cxty Counczl desxres to adopt such a policy as an offxc~al polxcy regardxng tnvestment of certain funds of the City, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. The following policy, attached heretofore and made a part hereof, ~s hereby adopted as an official policy of the C~ty of Denton, Texas: Investment Policy (Reference No. 408 04). SECTION II. The foregoxng polxcy ~s attached hereto and made a part hereof and shall be £~led xn the official records of the Cxty of Denton wxth the Cxty Secretary SECTION III. That th~s resolution shall become effect*ye ~mmed~ately upon xts passage and approval PASSED AND APPROVED thls the/~day of ~ 1987. ATTEST JEN~F~[~LTER'S, ACTING CITY SECRETARY CITY~F DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS INVESTMENT POLICY NO. 408.04 I. Purpose Thxs policy shall provide the guidelines by which the City of Denton will maintain the minimum amount of cash in its bank accounts to meet daily needs, and to provide protection for its principal while receiving the highest yield possible from investing all temporary excess cash It also satisfies a statutory requirement to define and adopt a formal investment policy. II. Scope A. This investment policy applies to the investment activities of the City of Denton, excluding the specific funds cited hereafter. B. This policy shall not govern funds which are managed under separate investment programs. Such funds currently include, Employees' Retirement Fund of the City of Denton, the Flremen's and Pollcemen's Pension Funds of the City of Denton, other funds established by the City for deferred employee compensation, revenue bond reserve funds, and certain private donations. The City shall and will maintain responsibility for these funds to the extent required by. Federal and State Law, the City Charter, and donor stipulations. C. The following funds, as well as other funds that may be created from time to time, shall be administered in accordance with the provisions of this policy Cash equivalent assets of the General Fund, Community Development Block Grant Fund, Recreation Fund, Crime Prevention Fund, Airport Grant Fund, Airport Master Plan Fund, Street Bond Fund 1985, Northeast Park Fund, Revenue Shanng Fund, Emily Fowler Library Fund, Debt Service Fund, Street Improvement Fund, General Pro3ect Fund, Electric Fund, Electric Bond Fund, Water ~ Sewer Fund, Water Bond Fund, Sanitation Fund, Landfill Construction Fund, Working Capital Fund, Defensive Driving Fund, Self-Insurance Fund, ~mployee Health Fund, and any other fund of the City not specifically excluded in these policy guidelines III. Objective A. There are three (3) objectives this Investment Policy will address. The primary objective of the C~ty's investment activity is the preservation of capital in the overall portfolxo. Each investment transaction shall seek to first ensure that capital losses are avoided, whether they be from securities defaults or erosion of market value The second object,ye shall be liquidity and the final objective shall be the yield of the investment. B. To prevent the possibility of loss of resources, funds shall not be exposed to market price risk, default risk or be invested ~n a manner which is contrary to applicable federal and state regulations. C. To enable the City to meet operating requirements that might be reasonably anticipated, the City's investment portfolio will remain sufficiently l~quld. Liquidity shall be achieved by matching investment maturities w~th forecasted cash flow requ,rements and by invest- lng in securities with active secondary markets. D. It shall be the City's goal, in the area of yield, to establish and maintain a portfolio which regularly exceeds the average rate of return on three (3) months U.S. Treasury B~lls, or the average Federal Reserve D~scount rate, whichever is higher. The first measure of success ~n th~s area will be the attainment of enough income to offset inflationary increases. Even though steps will be taken to obtain this goal, the C~ty's staff shall constantly be cognizant of risk limitations E. All participants in the investment process shall seek to act responsibly as stewards of public assets. The Treasurer shall avoid any transactions that might impair public confidence in the City's ability to governed e£fect~vely. The governing body recognizes that in dxversxfylng the portfolio, occasional measured losses due to market volatility are inevitable, and must be considered within the context of the overall portfollo's investment return, provxded that adequate dxversxflcatlon has been implemented. IV. Investment Committee There is hereby created an investment committee consisting o£ the City Manager, Director of Finance, Treasurer, and one member of the City Council. The Investment committee shall meet at least quarterly to determine general strategies and to monitor results. Included in its deliberations wxll be such topics as economic outlook, port£olxo dlvers~£1catlon, maturity structure, potential risk to the City's £unds, authorize brokers and dealers, and the target rate o£ return on the investment port- £ollo. The committee shall establish its own rules o£ procedures. V. Responsibility A. The management responsibility £or the investment program ~s hereby delegated to the Director of Finance, who shall establish written procedures for the operation o£ the investment program, consistent with this xnvestment policy. Such procedures shall xnclude explicit delegation of authority to the individual(s) responsible for investment transactions. The primary xndlvldual who shall be involved xn investment activities will be the Treasurer. No persons may engage in xnvestment transaction except as provxded under the terms of th~s polxcy and the procedures established by the Director of Finance. The Dxrector o£ Finance shall be responsible for all transactions undertaken, and shall establish a system o£ control to regulate the activities o£ the Treasurer B. The Director of Finance shall submit quarterly an Investment report, to the investment committee, that summarizes recent market conditions, economic deve- lopments and anticipated investment condxtlons. The report shall summarize the Investment strategies employed in the most recent quarter, describe the port£ollo ~n terms o£ investment securities, maturities, risk characteristics and other £eatures The report shall explain the quarter's total invest- ment return and compare the return with budgetary expectations or projections C. Wxthxn sxxty (60) days of the end of the Fiscal Year, the Director of Finance shall present a comprehensive annual report to the City Councxl on the investment program and investment activity. The annual report shall provide a separate quarterly comparison of returns and suggestions for improvements that might be made in the investment program. D. In the event of the absence of the Treasurer, the authority to invest in maturities beyond SlX (6) months shall be regulated by the controls and procedures outlined by the Director of Finance VI. Investment A. Idle funds of the City of Denton may be invested in. o U.S. Treasury securities maturing in less than three (3) years; o Short term obligations of the U.S. Government agencies which are guaranteed by the full faith and credit of the United States of America as to principal and interest, o Fully insured or collaterallzed certificates of deposits at commercial banks, o Repurchase agreements collaterallzed by U.S. Treasury Securities, o Other such securities or obligations approved by the investment committee. B. Except for debt service funds, special assessment funds, bond proceeds and reserve funds, assets of the City of Denton shall be invested in instruments whose maturities do not exceed two (2) years, at the time of purchase. The General Fund and other operating funds maturities shall not exceed one (1) year, unless a temporary extension of maturities is approved by the investment committee. Idle funds held in special assessment funds, bond proceeds and other reserve funds may be invested in maturities exceeding two (2) years with special approval of the investment committee. Idle funds held ~n the Debt Service Fund may be invested in maturities not exceeding thirteen (13) months. C. It is the policy of the City of Denton to diversify its Investment portfolios. The diversification will protect interest income from the volatility of in- terest rates and the avoidance of undue concentration of assets in a specific maturity sector, therefore, portfolio maturities shall be staggered. Securities shall also be selected which provide for stability of income and reasonable liquidity. Diversification strategies shall be determined and revised periodically by the investment committee. In establishing specific diversification strategies, the two (2) following general policies and constraints shall apply' (1) Risk of market price volatility shall be con- trolled through maturity diversification such that aggregate price losses on instruments with maturities exceeding one (l) year shall not be greater than coupon interest and investment income received from the balance of the portfolio. (2) The investment committee shall establish strategies and guidelines for the percentage of the total portfolio that may be invested in securities other than repurchase agreements, treasury bills, or lnsured/collaterallzed certificates of deposit. The investment committee shall conduct a quarterly review of these guide- lines, and shall evaluate the probability of market and default risk in various investment sectors as part of its considerations. VII. Selection of Banks and Dealers A. City Council shall, by ordinance, "select and designate a banking Institution located within the corporate city limits as the depository for the monies and funds of the City" The bank shall be selected primarily on "solvency and stability" and secondly, on rate of interest available. B. The Treasurer shall conduct a comprehensive review of prospective depositories credit characteristics and financial history. C. The bank shall be selected through a formalized bidding process in response to the City's request for proposal (RFP) outlining all services required The Investment committee shall have the discretion to determine the time span for reblddlng the banking services contract, however, a two year period will be the maximum length of time between reblddlng D. Banks and savings and loans associations seeking to establish eligibility for the City's competitive certificate of deposit purchase program, shall submit financial statements, evidence of Federal insurance and other information as required by the Director of Finance. E. The investment committee shall be responsible for selecting brokers and dealers of government securities. Their selection shall be among only primary government securities dealers that report directly to the New York Federal Reserve Bank In the dealing with City funds, the Treasurer shall not conduct business with any securities dealers with whom or through whom public entities have sustained losses on investments To guard against default possibilities under these conditions, and to assure diversification of bidders, business with any one issuer, or investment broker, should be limited to twenty-five (25%) per cent of the total portfolio at any point in time. In this way, bankruptcy, receivership or legal action would not Immobilize the City's ability to meet payroll or other expenses VIII. Principal Protection and Safekeeping A. All deposits and investments of City funds other than direct purchases of U.S. Treasury or U.S. Agency notes shall be secured by pledged collateral with a market value equal to no less than 100 percent of the deposits or investments less an amount insured by FDIC or FSLIC. Evidence of pledged collateral shall be maintained by the Treasurer or a third party financial institution. Repurchase agreements shall be documented by a specific agreement noting the collateral pledged in each agreement Collateral will be reviewed monthly to assure the market value of the securities pledged equal or exceeds the related bank balances. The Committee shall request additional collateral in the event they deem that their deposits and investments are not suf£1clently protected by the pledged collateral, Next Document 172lL RESOLUTION NO.~ A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF APRIL 7, 1987, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the regular Council meeting of the C~ty of Denton scheduled for April 7, 1987 xs hereby postponed, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS. SECTION I. That the regular Council meeting to be held on April 7, 1987 be postponed until April 9, 1987. PASSED AND APPROVED th~s the/~iay of ~, 1987. ATTEST: J ~N~ rl~R ~ALT B'RS A(J~JNG cI~rY SECRETARY LITer OE DENTON, TEXAS APPROVED AS TO LEGAL FORM: DBBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 0~75L RESOLUTION NO.~ A RESOLUTION TEMPORARILY CLOSING FRY STREET BETWEEN THE INTERSECTION OF OAK STREET AND HICKORY STREET ON SUNDAY, APRIL 26, 1987, AND DECLARING AN EFFECTIVE DATE. WHEREAS, on Sunday, April 26, 1987, the Sigma Alpha Mu Fraternity is sponsoring an Spring Renaissance to be held on Fry Street between the intersection of Oak and Hickory, and WHEREAS, all abutting property owners of the street have given their permission to the temporary closing of said street, and WHEREAS, the Spring Renaissance is open to the general public of of the City and County of Denton, and WHEREAS, in order to provide adequate space for the said Renaissance and in order to protect the safety of citizens who attend, the City Council of the City of Denton deems it is necessary to temporarily close a portion of Fry Street between Oak Street and Hickory Street from the hours of 8:00 A.M. until 6 30 P.M. on Sunday, April 26, 1987, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. Tha,t Fry Street between Oak Street and Hickory Street shall be temporarily closed as a street or public thoroughfare of any kind or character whatever on Sunday, April 26, 1987 from 8:00 A.M. until 6:30 P.M. for the purpose of holding the Sigma Alpha Mu Spring Renaissance provided, however, that the following conditions are met by the Sigma Alpha Mu Fraternity 1. The fraternity will provide someone to help keep the parking lot clear of non-church members, 2. That the fraternity will clean up after the Spring Renaissance, and 5. That no music will be played until 12 1S P.M. SECTION II. That the portion of the above described streets shall revert back tO the City for normal traffic activity immediately from and affer 6'30 P.M. on Sunday, April 26, 1987. SECTION III. That in the event of rain, said street may be closed on Sunday, May 3, 1987. SECTION IV. That this resolution shall take effect and be ~n full force and effect from and after the date of ~ts passage and approval. PASSED AND APPROVED thls the /~'d'Zday of ~ 1987. ATTEST: N I FER~WXLTERS, ING CITY SECRETARY Y OF DENTON, TEXAS APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS PAGE 2 1732L RESOLUTION NO.~~-- A RESOLUTION OF THE CITY OF DENTON, TEXAS RELATING TO THE ENVIRON- MENTAL PROTECTION AGENCY'S PROPOSED AIR QUALITY CONTROLS FOR DENTON COUNTY, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Counctl of the City of Denton IS fully supportive of clean air in Denton County and the Dallas-Fort Worth metroplex and "all reasonable efforts" to reach this goal tn the "most effective and economically feasible" manner, and WHEREAS, the Council is aware that the United States Environmental Protection Agency has mandated revlstons to the State Implementation Plan which could impose stringent ozone controls on Denton County, and WHEREAS, this mandate is based upon highly questionable tnterpretatlons of federal law, agency regulations, and analysts of ozone values from a monitoring site whzch was intended to measure downwind effects from Dallas-Fort Worth and not to represent the air qualtty affected by sources tn Denton County, and WHEREAS, analysis indicates that controls applted to Denton County will not change peak ozone concentrations at the Denton County monitoring site and that attainment of the ozone standard is dependent on emlsston reductions in Dallas and Tarrant Counttes, whose ozone ts carried by prevailing wtnds into Denton County, and WHEREAS, Environmental Protection Agency states that their primary reason for requiring controls is that Denton County commuter traffic contributes 3 l% of the total vehicle travel tn Dallas and Tarrant Counties and not because of locally generated emissions, with a secondary reason that there is a potential for new emission sources (business and industries) to locate in Denton County instead of Dallas or Tarrant Counttes, and WHEREAS, imposition of the vehicle emission controls in Denton County may reduce ozone levels by only 0.9% of the amount needed for attainment in Dallas and Tarrant Counties, at an exorbitant cost of $4,157 per ton of reduction and an Initial cost to Denton County residents of almost $3.5 mlllton, and WHEREAS, the other controls and the offset requirement for new or expandtng industry/business in particular would have a severe negative impact on Denton County's economic development and the generation of jobs in the county, which would reduce commuter traffic to Dallas and Tarrant Counties, and WHEREAS, s~mllar controls are not being proposed for counties south of Dallas and Tarrant Counties which could be expected to cause downwind problems for Dallas, Tarrant, Denton and Collln Counties, and WHEREAS, analys~s of Denton County's fixed s~te emission sources shown little or no possibility for offset reductions, and WHEREAS, the Enwronmental Protection Agency has determined that controls should be xmposed on Denton County even though emissions within Denton County are minimal, and WHEREAS, the Councxl has concluded that Enwronmental Pro- tectlon Agency's decision to mandate these controls ~s arbitrary, capricious, and possibly beyond the agency's legal authority and that the negative effect of these controls would be unreasonable, grossly d~sproport~onate to Denton County's contribution to the problem or to the posszble bene£1ts, and not economically feasible or cost effecttve; and WHEREAS, Envzronmental Protection Agency's decxs~on wxll affect not only Denton County, but has ~mplxcatlons for other countzes on a state-wide basis which should be of concern to our state government, NOW, THERErORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. The Cxty Councxl hereby requests that the Texas Air Control Board request the Texas Attorney General to take legal actzon to resolve the legal questions razsed by Environmental Protection Agency's decision and to obtain an ~n3unctlon restraining Environmental Protection Agency from ~mposlng these controls until these questions are settled, by the judicial system ~f necessary. SECTION II. That ~f the Texas A~r Control Board ~s unable to obtain relief through judicial channels, the Council urges that every effort be made to limit controls to those which bear some relationship to Environmental Protection Agency's justification of commuter traffzc, rather than those which would affect PAGE 2 industries that are not and will not contribute to Dallas and Tarrant Counties' problem. SECTION III. That this resolution shall become effective ~mmed~ately upon ~ts passage and approval. PASSED AND APPROVED th~s the /~day of ~ 1987 ATTEST: JESN~IF~R ~ALTERS ACTkI~G CItY SECRETARY CITI~ OF DENTON, TEXAS APPROVED AS TO LEGAL FORM' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DBNTON, TEXAS PAGE 3 1751L RESOLUTION NO.~ A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A CONTRACT WITH THh TEXAS DEPARTMENT OF COMMUNITY AFFAIRS TO RECEIVE FUNDING FOR AND ADMINISTER THE TEXAS RENTAL REHABILITATION PROGRAM, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has applied for and been awarded a Texas Rental Rehabilitation Program (TRRP) contract by the Texas Department of CommunIty Affairs pursuant to Section 301 of the Housing and Urban-Rural Recovery Act of 1983, and WHEREAS, the City of Denton ~s requxred to enter into a contract w~th the Texas Department of Community Affaxrs xn order to receive funds for and admxnxster TRRP, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the City Council hereby approves the attached contract between the C~ty of Denton and the Texas Department of Community Affairs and authorxzes the Mayor to execute the contract and any other agreements necessary to receive funding for and to admInister the Texas Rental Rehabilitation Program. PASSED AND APPROVED thts the /7~"'day of~, 1987. -? CITY OF DENTON, TEXAS ATTEST JEnnIFER ]~TERS AC~I~G CIndY SECRETARY CITT'OF DENTON, TEXAS APPROVED AS TO LEGAL FORM' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CI1Y OF DENTON, TEXAS 1(8?-OZ3 / TEXAS DEPARTMENT OF COMMUNITY AFFAIRS Willie L. Scott Executive Director William P. Clements, Jr. Governor March 31,1987 The Honorable Ray Stephens Mayor, City of Denton 215 East McKinney Denton, Texas 76201 r-'~ r-- f;D)¡~~[I\\lí }"d iJü J APR -6, /987 ~b""'" "---~IIAGEII"!I~¡'\:!¡' , ~LCC,'" J RE: TDCA Contract No. 456058 Dear Mayor Stephens: Enclosed is a completely executed copy of Contract No. 456058, between the Texas Department of Community Affairs, and the City of Denton. If you have any questions or need additional information, please do not hesitate to contact Gus Garcia, Rental Rehabilitation Coordinator, at (512) 834-6030. Sincerely, ~tl"P!AJ¡;frv Joe Hopson, Director City and County Assistance Division cc: Gus Garcia Contract File Enclosures JH :jj 8317 Cross Park Drive Austin, TX 78754-5124 - An Equal Opportunity Employer- (512)834-6000 1-800-252-9642 Post Office Box 13166 Austin, TX 78711.3166 .. ~. .:,-- ::.> L/51o195~, TEXAS DEPARTMENT OF COMMUNITY AFFAIRS CONTRACT FOR RENTAL REHABILITATION PROGRAM STATE OF TEXAS COUNTY OF TRAVIS] SECTION 1. PARTIES TO CONTRACT This contract and agreement is made and entered into by and between the Texas Department of Community Affairs, an agency of the State of Texas, hereinafter referred to as "Department", and the City of Denton, hereinafter referred to as "Contractor". The parties hereto have severally and collectively agreed and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the tasks described herein. SECTION 2. CONTRACT PERIOD This contract and agreement shall commence on February 1, 1987, and shall terminate on September 30, 1989. unless otherwise specifically provided by the terms of this contract. SECTION 3. CONTRACTOR PERFORMANCE Contractor shall conduct, in a satisfactory manner as determined by Depart- ment, a rental rehabilitation program under Section 17 of the United States Housing Act of 1937, 42 U.S.C. 14370, hereinafter referred to as the Act. Contractor shall perform all activities in accordance with the terms of the Performance Statement, hereinafter referred to as Exhibit A; the Applicable Laws and Regulations, hereinafter referred to as Exhibit B; the Schedule for Committing Rental Rehabilitation Funds, hereinafter referred to as Exhibit C; the assurances, certifications, and all other statements made by Contractor in its application for the project funded under this contract; and with all other terms, provisions, and requirements set forth in this contract. SECTION 4. DEPARTMENT 08LIGATIONS A. Measure of Liability In consideration of full and satisfactory performance of the activities referred to in Section 3 of this contract, Department shall be liable for actual and reasonable costs incurred by Contractor during the contract period for performances rendered under this contract by Contractor, subject to the limitations set forth in this Section 4. 1. It is expressly understood and agreed by the parties hereto that Depart- ment's obligations under this Section 4 are contingent upon the actual PAGE 1 OF 11 g1//0 'receipt of adequate state and/or federal funds to meet Department's liabilities under this contract. If adequate funds are not available to make . payments under this contract, Department shall notIfy Contractor In wrIting wIthIn a reasonable tIme after such fact Is determined. Department shall termInate thIs contract and wIll not be lIable for failure to make payments to Contractor under this contract. 2. Department shall not be liable to Contractor for any costs Incurred by Contractor, or any portion thereof, which has been paId to Contractor or is subject to payment to Contractor, or has been reimbursed to Contractor or is subject to reimbursement to Contractor by any source other than Department or Contractor. 3. Department shall not be liable to Contractor for administratIve costs, as set forth in Section 6(C) of thIs contract, and for any costs incurred by Contractor which are not allowable costs, as set forth in SectIon 6(B) of this contract. 4. Department shall not be liable to Contractor for any costs Incurred by Contractor or for any performances rendered by Contractor which are not strictly in accordance with the terms of this contract, including the terms of Exhibit A, Exhibit B, and ExhibIt C of this contract. 5. Department shall not be liable to Contractor for any costs incurred by Contractor in the performance of this contract which have not been bIlled to Department by Contractor within sixty (60) days following termInatIon of this contract unless otherwise provided for in the Project Completion Report(s) referred to in Section B(C) of this contract. 6. Department shall not be liable for costs incurred or performances rendered by Contractor before commencement of this contract or after termination of this contract. B. Excess Payments Contractor shall refund any sum of money whIch has been paid to Contractor under this contract, which Department determines has resulted In overpayment to Contractor, or which Department determines has not been spent by Contractor strictly in accordance with the terms of this contract. refund shall be made by Contractor to U.S. Department of Housing of Development (HUD) within thirty (30) working days after such refund requested by Department. Such Urban Is C. Limit of Liability Notwithstanding any other provision of this contract, the total of all amounts obligated by Department under this contract shall not exceed the sum of One Hundred Thousand and no/100 Dollars ($100,000.00). SECTION 5. METHOD OF PAYMENT A. HUD's Cash and Management Information (C/MI) system for the Rental Rehabilitation Program, Notice CPO B4-8, issued October 1, 1986, and any modifications thereto, shall be used as the method for dIsbursement of rental rehabilitation funds obligated to Contractor under thIs contract. PAGE 2 OF 11 "Disb~rsement is conditioned upon the submission of satisfactory information by Contractor about the project and complIance with other procedures specIfied by HUD. HUD will disburse rental rehabilitation funds obligated by Department under this contract by electronic funds transfer to the depository institution designated by Contractor. Amounts requested by Contractor will be disbursed by HUD as closely as possible to the time they are needed by the Owner to pay elIgible rehabIlItation costs and such amount shall immedIately be disbursed by Contractor and Owner in payment for eligible costs. Contractor shall establish a rental rehabilitation deposit account at designated depository bank and shall not commingle any private or public funds, whether or not such funds are to be used to supplement Rental Rehabilitation Program funds, in the same account. Contractor expressly understands and agrees that Department shall not be liable for any damages, claims, or demands which may be asserted as a result of any action, or failure to act, by HUD in discharge of its responsibilIty under the C/MI system. B. Notwithstanding the provisions of SectIon 5(A) of this contract, it Is expressly understood and agreed by the parties hereto that payments under this contract are contingent upon Contractor's full and satisfactory performance of its obligatIons under this contract and that Department may, at Its sole optIon and in Its sole dIscretIon, withdraw and reallocate rental rehabilitation funds provided under this contract based on Contractor's noncompliance wIth the terms of this contract, applicable laws or regulations Including recIpIent's failure to meet the schedule for committIng rental rehabilitation amounts as set forth in ExhIbit D of this contract. C. It is expressly understood and agreed by the parties hereto that any right or remedy provIded for in thIs SectIon 5 or in any other provIsion of this contract shall not preclude the exercise of any other right or remedy under this contract or under any provisIons of law, nor shall any action taken in the exercIse of any right or remedy be deemed a waiver of any other rIghts or remedies. Failure to exercise any right or remedy hereunder shall not constItute a waiver of the right to exercise that or any other right or remedy at any time. SECTION 6. UNIFORM ADMINISTRATIVE REQUIREMENTS. COST PRINCIPLES. AND ALLOWABILITY OF COSTS A. Contractor shall comply with Office of Management and Budget (OMB) Circular A-102 as supplemented by the rules promulgated by the Office of the Governor at 7 Tex. Reg. 3172 (August 31, 1982) under the UnIform Grant and Contract Management Act of 19B1 (TEX.REV.CIV.STAT.ANN.art.4413 (32g).), hereinafter referred to as the Management Standards, except to the extent that Department establishes variations from the Management Standards in accordance with SectIon 6 of such Act. B. The allowability of costs incurred for performances rendered hereunder shall be determined in accordance with OMB Circular A-122, subject to the following limitations: PAGE 3 OF 11 'Eligib1e rehabilitation costs shall include only: 1. The actual rehabilitation costs necessary to: ('i) correct substandard conditions as referred to in 24 CFR 511.l0(c)(2); (il) make essential improvements Including energy-related repairs and improvements to permit the use of rehabilitated projects by handicapped persons; (iil) repair major housing systems in danger of failure; and 2. Other costs (soft costs) that are associated with the rehabilitation or rehabilitation financing and are not for servIces provIded or costs incurred by the Contractor. Such soft costs may include (but are not limited to) those costs referred to in 24 CFR 511.10(g)(2). C. Contractor shall not use rental rehabilitation funds provIded under this contract for administrative costs incurred by Contractor in carrying out its responsibilities under the Rental Rehabilitation Program. AdministratIve costs prohibited under this subsection include, but are not limited to, staff and consultant salaries and operating expenses of Contractor. SECTION 7. MAINTENANCE. RETENTION. ACCESSIBILITY AND PUBLIC DISCLOSURE OF RECORDS A. Contractor shall maintain records in such form and such manner as may be prescrIbed by HUD or Department that clearly document performance under each program requirement set forth in Subpart B of 24 CFR 511 and that include, at a mInimum, (i) records sufficient to meet HUD requirements for the disburse- ment of rental rehabilitation funds pursuant to 24 CFR 511.74; (ii) data on the racial, ethnic and gender characteristics of tenants, applicants for tenancy, and owners of the rehabilitated projects; and (iii) data indi- cating the race and ethnicity of households displaced as a result of program activitIes, and, if available, the address and census tract of the housing units to which each dIsplaced household is relocated. Records required to be maintained under this subsectIon A shall be retained for a period of three years from the date of final closeout of the rental rehabIlitation grant award to the State of Texas under which monies for this contract were made avaIlable. B. Contractor shall maintaIn fIscal records and supporting documentation for all expenditures of funds made under thIs contract in a manner which conforms to HUD requirements, the Management Standards (except to the extent that Department establishes variations from the Management Standards in accordance with Section 6 of such Act), and this contract. Contractor shall comply with the retention and custodial requirements for records as set forth in Attachment C of OMB Circular A-102, as supplemented by Section 5.154 of the Management Standards (except to the extent that Department establishes variations therefrom). C. Contractor shall give the United States Department of Housing and Urban Development, the Inspector General, the Comptroller General of the United States, the Auditor of the State of Texas, and Department, or any of their duly authorized representatives, access to and the right to examine, excerpt and transcribe all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by Contractor pertaining PAGE 4 OF 11 'to't~is contract. Such rights to access shall continue as long as the records are retaIned by Contractor. Contractor agrees to maintain such records In an accessible location. Contractor shall ensure that its agreements wIth owners, as defined in Section I of ExhibIt A of thIs contract, require such owners to provide similar access to theIr records pertaining to the use of funds provided under this contract. D. Contractor shall provide for full and timely disclosure of records and documents relating to its rental rehabilitation programs consistent with applicable Federal, State and local laws regarding personal privacy and obligations of confidentiality. Documents relevant to a Contractor's program shall be made available at Contractor's office during normal working hours for citizen review upon request. E. Contractor shall include the substance of this Section 7 in all subcon- tracts. SECTION B. REPORTING REQUIREMENTS A. Contractor shall submIt to Department such reports on the operation and performance of its rental rehabilitation program in such format and at such tImes as may be requIred by Department including, but not limited to, manage- ment and annual performance reports containIng such information as Department may presc ri be. B. Contractor shall submit a Project Completion Report to Department no later than sixty (60) days after the completion of each project undertaken pursuant to Exhibit A of this contract. The Project Completion Report shall be in a format prescribed by Department and shall include a final Project Completion Report of all activItIes performed under thIs contract. C. In addition to the limitations on liability otherwise specifIed in this contract, it is expressly understood and agreed by the parties hereto that if Contractor fails to submit to Department in a timely and satisfactory manner any report required by this contract, Department may, at its sole option and in Its sole discretion, cause any or all payments otherwise due hereunder to be withheld by placing a stop payment order wIth HUD. If Department places a stop payment order, It shall notify Contractor in writing of Its decisIon and the reasons therefore. A stop payment order placed pursuant to thIs subsection shall continue in full force and effect until such time as Department determines that the delinquent obligations for which funds are withheld are fulfilled by Contractor. SECTION 9. MONITORING Department reserves the right to perform periodic on-sIte monitoring of Contractor's compliance wIth the terms and condItions of this contract, and of the adequacy and timeliness of Contractor's performances under this contract. After each monitoring visit, Department shall provide Contractor with a written report of the monitor's findIngs. If the monitorIng reports notes deficIencies in Contractor's performances under the terms of thIs contract, the monitoring report shall include requIrements for the timely PAGE 5 OF 11 corr'ec'tion of such deficiencies by Contractor. Failure by Contractor to take action specifIed In the monitoring report may be cause for suspension or termInation of this contract, as provIded in Sections 17 and 1B of this contract. SECTION 10. INDEPENDENT CONTRACTOR It is expressly understood and agreed by the partIes hereto that Department Is contracting with Contractor as an Independent Contractor, and that Contractor, as such, agrees to hold Department harmless and to Indemnify Department from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occur- ring or' In any way incident to, arising out of, or In connection with the services to be performed by Contractor under this contract. SECTION 11. SUBCONTRACTS Contractor may subcontract for the performances described in this contract without obtaining Department's prior written approval. Contractor. in subcontracting for any performances described in this contract, understands and agrees that in entering into such subcontracts, Department is in no way liable to Contractor's subcontractors. Contractor further understands and agrees that it shall ensure that the performances rendered under all sub- contracts are rendered so as to comply with all the terms of this contract, as if such performances were rendered by Contractor. SECTION 12. CONFLICT OF INTEREST A. Contractor covenants that neither it nor any member of its governIng body presently has any interest or shall acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of thIs contract. Contractor further covenants that in the performance of thIs contract no person having such interest shall be employed or appointed by Contractor. B. No person (i) who is an employee, agent, consultant, officer, or elected or appointed official of Contractor and who exercises or has exercIsed any functions or responsibIlItIes with respect to assIsted rehabilItatIon activi- ties or (ii) who is In a position to participate in a decision making process or gain insIde information with regard to such activities, may obtain a per-- sonal or financial interest or benefit, direct or indirect, in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, durIng their tenure or for one year thereafter. C. Contractor's employees, officers, and/or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from subcontractors, or potential subcontractors. SECTION 13. SECTARIAN ACTIVITY None of the performances rendered by Contractor under thi s contract shall involve; and no portion of the funds received by Contractor under thIs contract, shall be used in support of any sectarian or religious activity, PAGE 6 OF 11 nor shall any facilities used in the performance of this contract be used for sectarian instruction or as a place of religious worship. SECTION 14. LEGAL AUTHORITY A. Contractor assures and guarantees that Contractor possesses the legal authority to enter into this contract, receive funds authorized by this contract, and to perform the services Contractor has obligated itself to perform hereunder. B. The person or persons signing and executing this contract on behalf of Contractor, or representIng themselves as signing and executing this contract on behalf of Contractor, do hereby warrant and guarantee that he, she or they have been duly authorized by Contractor to execute this contract on behalf of Contractor and to validly and legally bind Contractor to all terms, perform- ances, and provisions herein set forth. C. Department shall have the right to suspend or terminate this contract If there is a dispute as to the legal authority of either Contractor or the person signing this contract to enter into this contract or to render per- formances hereunder. Contractor is liable to Department for any money it has receIved from Department for performance of the provisions of this contract, if Department has suspended or terminated this contract for reasons enumer- ated in this Section 14. SECTION 15. LITIGATION AND CLAIMS Contractor shall give Department immediate notice in writing of 1) any action, including any proceeding before an administrative agency, filed agaInst Contractor arising out the performance of any subcontract hereunder; and 2) any claim against Contractor, the cost and expense of which Contractor may be entitled to have reimbursed by Department. Except as otherwise directed by Department, Contractor shall furnish immediately to Department copies of all pertinent papers received by Contractor with respect to such action or claim. SECTION 16. CHANGES AND AMENDMENTS A. Except as specifically provided otherwise in this contract, any alter- atIons, additions, or deletions to the terms of this contract shall be by amendment hereto in writing and executed by both parties to this contract. B. It is understood and agreed by the parties hereto that performances under this contract must be rendered in accordance with the Act, the regulations promulgated under the Act, the assurances and certifications made to Depart- ment by Contractor, and the assurances and certifications made to the United States Department of Housing and Urban Development by the State of Texas with regard to the operatIon of the Texas Rental RehabIlitation Program (TRRP). Based on these considerations, and in order to ensure the legal and effective performance of this contract by both parties, it is agreed by the parties hereto that the performances under this contract are amended by the provi- sions of the TRRP Implementation Manual and any amendments thereto and may further be amended in the following manner: Department may from time to time during the period of performance of this contract issue policy dIrectIves PAGE 7 OF 11 which serve to establish, interpret, or clarify performance requirements under this contract. Such policy directives shall be promulgated by the Director of Community Development and HousIng Division of Department in the form of TRRP issuances, shall have the effect of qualifying the terms of this contract and shall be binding upon Contractor, as if written herein, provided however that saId policy directives and any amendments to said Manual shall not alter the terms of this contract so as to release Departmen~ny obligation specifIed in Section 4 of this contract to reimburse costs incurred by Contractor prior to the effective date of said amendments or polIcy directIves. C. Any alterations, additions, or deletions to the terms of this contract which are required by changes in Federal or state law or regulations are automatically incorporated into this contract without written amendment hereto, and shall become effective on the date designated by such law or regulation. SECTION 17. SUSPENSION Notwithstanding the provisions of Texas Civil Statutes, Article 601f, in the event that Contractor fails to comply with any term of this contract, Department may, upon written notification to Contractor, suspend this con- tract in whole or in part and prohibit Contractor from incurring additIonal obligations of funds under this contract. Upon suspension of this contract by Department, Department may cause further payments to Contractor to be withheld by placing a stop payment order with HUD. A stop payment order placed pursuant to this section shall contInue in full force and effect until such time as Department determines that the delinquent obligations for which funds are withheld are fulfilled by Contractor. SECTION lB, TERMINATION A. Department shall have the right to terminate this contract, in whole or in part, at any time before the date of completion specified In Section 2 of this contract whenever Department determInes that Contractor has failed to comply with any term of this contract. Department shall notify Contractor in writing prior to the fifteenth (15th) day preceding the date of termination of such determInation; the reasons for such termination; the effective date of such termination; and in the case of partial termination, the portion of the contract to be terminated. B. Either of the parties to thIs contract shall have the right to terminate this contract, in whole or in part, when both parties agree that the contInu- ation of the actIvities funded under this contract would not produce benefI- cial results commensurate with the further expenditure of funds; provided that both parties agree, In writing, upon the termination conditIons, includ- ing the effective date of such termination; and in the case of partial termi- nation, the portion of the contract to be terminated. C. Upon termination or receipt of notice to terminate, whichever occurs fIrst, Contractor shall cancel, withdraw, or otherwise terminate any out- standing orders or subcontracts related to the performance of this contract or the part of thIs contract to be terminated, and shall cease to incur costs thereunder. Department shall not be liable to Contractor or to Contractor's creditors for costs incurred after termination of this contract. PAGE B OF 11 O. 'N~twithstanding any exercise by Department of its right of suspension under Section 17 of this contract, or of early termination pursuant to this Section 18, Contractor shall not be relieved of any lIability to Department of damages due to Department by virtue of any breach of this contract by Contractor. Department may cause payments to Contractor to be withheld until such time as the exact amount of damages due to Department from Contractor is agreed upon or is otherwise determined. SECTION 19. AUDIT A. Unless otherwise directed by Department, Contractor shall arrange for the performance of a financial and compliance audit of funds received under this contract, subject to the following conditions and limitations: 1. Contractor shall have an audit made in accordance with the Single Audit Act of 1984, P.L. 98-502 (hereinafter referred to as "Audit Act"), and OM8's Circular No. A-128, "Audit Requirements for State and Local Governments," 49 Fed.Reg. 50134 (Dec. 26, 1984), for any of its fiscal years in which Contractor receives $25,000.00 or more in Federal financial assistance. For purposes of this Section 19, "Federal financial assistance" means assistance provided by a Federal agency in the form of grants, contracts, cooperative agreements, loans, loan guarantees, property, interest subsidies, insurance, or direct appropriations. but does not include ~irect Federal cash assistance to individuals. It includes awards received directly from Federal agencIes, or indirectly through other unIts of State and local governments. 2. At the option of Contractor, each audit required by thIs section may cover either Contractor's entire operations or each department, agency, or establishment of Contractor which received, expended, or otherwise administered federal financial assistance. 3. Unless otherwise specifically authorized by Department In writing, Contractor shall submit the report of such audit to Department within thirty (30) days after the completion of the audit, but no later than one year after the end of the audit period. Audits performed under this Section 19 are subject to review and resolution by Department or its authorized representative. Resolution of findings shall be made within six (6) months after receipt of the audIt report by Department. 8. Contractor shall take such action to facilitate the performance of such audit or audits conducted pursuant to this Section 19 as Department of the U.S. Department of HousIng and Urban Development (HUD) may require of Contractor. SECTION 20. ENVIRONMENTAL CLEARANCE REQUIREMENTS A. Contractor understands and agrees that by the execution of this contract Contractor shall assume the responsibIlities for environmental review, decision-making, and other action which would otherwise apply to Department under Section 5304(f) of the HousIng and Community Development Act of 1974, in accordance with and to the extent specified in 24 C.F.R. Part 58. In accordance wIth Section 58.77(b) of such regulations, Contractor further understands and agrees that Contractor shall handle Inquiries and complaints from persons and agencies seeking redress in relation to environmental reviews covered by approved certifications. PAGE 9 OF 11 '8. t6ntractor shall complete a wrItten FindIng of Categorical Exclusion, as applicable under 24 C.F.R. Section 58.35 (a), which cites the subsection of Section 58.35 (a) by which the activities or projects funded under this contract are categorically excluded from the National Environmental Policy Act requirements of 24 C.F.R. Part 58. Contractor shall then publish a Notice of Intent to Request Release of Funds in the manner prescribed in 24 C.F.R. Section 58.43. Contractor shall provide the public wIth at least seven (7) calendar days to comment on the Notice followIng its publicatIon date. Finally, Contractor shall concurrently submit to Department the followIng documents: 1) a Request for Release of Funds form; 2) the written Finding of Categorical Exclusion described above; and 3) a Publisher's Affidavit for the Notice of Intent to Request Release of Funds notice. Upon receipt of such documents, Department must allow a 15 calendar days comments period to expire before it can formally release any project funds which are subject to the environmental review regulations. Contractor must comply with all other applicable environmental requirements as specified in Exhibit D of this contract. Contractor shall document its compliance with such other requirements in its environmental review file. SECTION 21. LABOR STANDARDS A. All laborers and mechanics (except laborers and mechanics employed by Contractor while acting as the principal contractor on the project) employed in the rehabilitation of a project assisted under this contract that contains 12 or more dwelling units shall be paid wages at rates not less than those prevailing on similar rehabilitation in the locality, if such a rate category exists, or the appropriate rate as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 276a-276a-5) , and contracts involving their employment shall be subject to the provIsions, as applicable, of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333). Contractor shall comply with regulations issued under these Acts and with other Federal laws and regulations pertaining to labor standards, as applicable. B. Contractor shall include the substance of this Section 21 in all subcon- tracts and shall require Owners to comply with said labor standards, if applicable, as a precondition to receIving rental rehabilitation funds under thIs contract. SECTION 22. ORAL AND WRITTEN AGREEMENTS A. All oral and written agreements between the parties to this contract relating to the subject matter of this contract that were made prior to the execution of thIs contract have been reduced to writing and are contained in thIs contract. 8. The attachments enumerated and denominated below are hereby made a part of this contract, and constitute promised performances by Contractor in accordance with Section 3 of this contract: 1. 2. 3. Exhibit A, Performance Statement, 4 Pages ExhIbit 8, Applicable Laws and Regulations, 3 Pages ExhIbit C, Schedule for Committing Rental Rehabilitation Funds, 1 Page PAGE 10 OF 11 WITNESS OUR HANDS EFFECTIVE FEBRUARY 1, 1987. R"~'~ Mayor City of Denton Approved and accepted on behalf of the Texas Department of Community Affairs. ~~ U(4~ Willie L.' Scott, Executive Dir~ctor Texas Department of Community Affairs This contract is not effective unless signed by the Executive Director of the Texas Department of Community Affairs or by his authorized designee. PAGE 11 OF 11 EXHIBIT A PERFORMANCE STATEMENT CITY OF DENTON Contractor shall use rental rehabilitation funds to help support the rehabilItation of privately owned real property to be used for primarily residential rental purposes in order to help provide affordable, standard housing for lower income families and to increase the availability of housing units for the use of voucher and certificate holders under Section 8 of the United States Housing Act of 1937. Contractor shall carry out eligIble rehabilitation activities under the Texas Rental Rehabilitation Program ("TRRP") in a manner which shall comply with the requirements of this contract, including this Exhibit A. Section I. REHABILITATION OF PRIVATE PROPERTY Contractor shall rehabilitate substandard rental unIts by providing rental rehabilitation funds to each Owner for the project specified in Owner's rental rehabilitation program application. The amount of rental rehabili- tation funds for any project shall not exceed an average of $5,000 per unit, and shall not exceed 5Q% of the total cost of eligIble rehabilitation costs with respect to the project unless Contractor applies for. and Department approves In writing, a higher amount for a project. The minimum level of rehabilitation of projects to be requIred for participation in the rental rehabIlItation program shall not be less than an average of $600 per dwelling unIt per project for eligible rehabilItation costs. For purposes of this contract, including this Exhibit A, "Owner" means one or more individuals, corporations, partnerships, or other legal entities that hold valid legal title to the property to be rehabilitated. Section II. LOWER INCOME BENEFIT At least 70% of the amount of rental rehabilitation funds provided under this contract shall be used for the benefit of lower Income families. For purposes of thIs Section II, benefit for lower Income famIlies wIll be considered to occur only where dwelling units in projects rehabilitated with rental rehabIlitation funds are initially occupied by such families after rehabilitation. "Lower income family" means a lower income family, as defined in 24 CFR B13.102. Section III. PRIMARILY RESIDENTIAL RENTAL USE Rental rehabilitation funds shall only be used to rehabilitate projects to be used for primarIly residential rental uses. For purposes of this Section III, a project is used for primarily residential rental purposes if at least 51% of the rentable floor space of the project is used for residential rental purposes after rehabilitation, except that in the case of a two-unit building, at least 50% of the rentable floor space after rehabilitation must be used for residential rental purposes. Section IV. CORRECTION OF SUBSTANDARD CONDITIONS Rental rehabilitatIon funds shall only be used to rehabilItate projects PAGE 1 OF 4 ~hic~, before rehabilitation, have one or more substandard conditions. After 'rehabIlItation, each unit in the project must, at a minimum, meet the SectIon B Housing Quality Standards for Existing Housing contaIned In 24 CFR BB2.109. For purposes of thIs Section IV, substandard conditions are those housing conditions that do not meet applicable State or local housing codes or do not meet the Section 8 Housing Quality Standards. Section V. SELECTION OF ELIGIBLE NEIGHBORHOODS Rental rehabIlitation funds shall only be used to assist the rehabIlitation of projects located in neighborhoods (a) where the median income does not exceed BO% of the median income for the area, and (b) which meet the rent affordabillty standard set forth In 24 CFR 511.l0(d)(2). Section VI. DISPLACEMENT OF LOWER INCOME FAMILIES Rental rehabilitation funds may be used to rehabilitate structures only if the rehabilitation of the structure will not cause the displacement of very low-income families by families who are not very low-income families. Displacement results if a lower income family is forced to move permanently from a project as a direct consequence of rehabilitation assisted under this contract. A lower income family may not be displaced without financial and advisory assistance sufficient to enable the family to obtain decent, safe, and sanitary housing at an affordable rent (as defined in 24 CFR 51l.l0(h)(1)(ii)(B». Section VII. ADOPTION OF TENANT ASSISTANCE POLICY Before the establishment of a program account on behalf of Contractor under the C/MI system is authorized by Department, Contractor shall adopt and submit to Department a written tenant assistance policy (which shall be made available to the public upon request) concerning displacement, relocation assistance, and other assistance to tenants who reside or will reside in projects to be rehabilitated with funds provided under this contract. The tenant assistance policy shall be developed in accordance with the guidelines specified in 24 CFR 511.10(h)(2) and shall be subject to Department's approva 1. Section VIII. PROHIBITION AGAINST CONDOMINIUM CONVERSION Prior to the time Contractor agrees to provide rental rehabilitatIon funds to an Owner for an identifiable rehabilitation project, Contractor shall execute a legally enforceable agreement, containing remedies adequate to enforce its provisions, with the Owner under which the Owner agrees not to convert the units in the project rehabilitated with rental rehabilitatIon funds to condominium ownership or,any form of cooperative ownership not eligible to receive rental rehabilitation funds (as provided in 24 CFR 511.l0(c» for at least ten (10) years beginning on the date on whIch the rehabilitation of the units in the project Is completed. Section IX. DISCRIMINATION AGAINST SUBSIDIZED TENANTS PrIor to the tIme Contractor agrees to provide rental rehabilitation funds to an Owner for an identifiable rehabilitation project, Contractor shall execute a legally enforceable agreement, containing remedies adequate to enforce Its PAGE 2 OF 4 p¡"ovis'\ons, with the Owner under which the Owner agrees not to discriminate ãgainst prospective tenants on the basis of their receipt of, or eligibilIty for, housIng assistance under any Federal, S'tate or 'local housing assistance program or, except for a housing project for elderly persons, on the basis that the tenants have a minor child or children who will be resIding with them, for at least ten (10) years beginning on the date on which the rehabilItation of the units in the project is completed. Section X. USE OF RENTAL REHABILITATION FUNDS FOR HOUSING FOR FAMILIES Contractor shall ensure that an equitable share of rental rehabilitatIon funds provided under this contract will be used to assist in the provision of housing designed for occupancy by famIlies, including large families wIth children. This requirement will be deemed satisfied If at least 70% of the rental rehabilitation funds made available to Contractor is used to rehabilitate units containing two or more bedrooms and at least 15% are made available to rehabilitate units containing 3 bedrooms or more. Section XI. PRIORITY FOR USE OF RENTAL REHABILITATION FUNDS Contractor shall ensure that a prIority will be given to rehabilitating projects containing units with substandard conditions that are occupied by very low-income families before rehabilitatIon. Section XII. NONDISCRIMINATION AND EQUAL OPPORTUNITY Contractor agrees that rental rehabilitation funds will be made available in conformity with the nondiscrimination and equal opportunity requirements contained in the applIcable laws and regulations which are set out in Sections I and III of Exhibit C of this contract. Failure of Contractor to meet the requirements of such applicable laws and regulations will result in appropriate corrective or remedial actIon as provided for in this contract, in addItion to any other sanctions authorized by law. Section XIII. AFFIRMATIVE MARKETING OF UNITS A. Before the establishment of a program account on behalf of Contractor under the C/MI system Is authorIzed by Department, Contractor shall adopt and submit to Department written procedures and requirements for affirmatively marketing unIts in rehabilitated projects through the provisions of informatIon regarding the availability of units that are vacant after rehabilitatIon or that later become vacant. Affirmative marketing steps consist of good faith efforts to provide informatIon and otherwise to attract eligible persons from all racIal, ethnIc and gender groups in the housing market area to the available housing. At a minimum, the affirmative marketing requirements and procedures adopted must be in conformity with 24 CFR 511.10(m)(2)(i). Contractor shall establish assessment procedures and criteria for its affirmative marketing program and shall annually assess such program to determine whether good faIth efforts have been made to carry out such procedures and requirements, what objectives have been met, and what corrective actions are required. PAGE 3 OF 4 B'. Pdor to the time Contractor agrees to provide rental rehabilitation funds to an Owner for an identifiable rehabilItation project, Contractor shall execute a legally enforceable agreement, containing remedies adequate to enforce its provisions, with the Owner under which the Owner agrees to comply with the conditions of Contractor's affirmative marketing requirements and procedures adopted under subsection (A) of this Section XIII that shall be applIcable for a period of seven years beginning on the date on which all the units in the project are completed. Section XIV. SELECTION OF PROPOSALS AND EVIDENCE OF FINANCIAL FEASIBILITY. Before the establishment of a program account on behalf of Contractor under the C/MI system is authorIzed by Department, Contractor shall develop and' submit to Department written standards and procedures governing Contractor's selection of proposals of Owners which include but are not limited to, (i) the extent to which the proposal represents the efficient use of rental rehabIlitation amounts and voucher and certificate assistance in connection therewith, and (ii) the extent to which the dwelling units involved will be adequately maintained and operated with rents at the levels proposed. Moreover, before selection of a proposal by Contractor occurs, Contractor must have evidence demonstrating the financial feasibility of the proposed rental rehabilitation project, including the availability of non-Federal governmental and private resources. PAGE 4 OF 4 EXHIBIT B THE APPLICABLE LAWS AND REGULATIONS Contractor shall comply with the Act specified in Section 3 of thIs contract and with the rules and regulations promulgated thereunder pertaining to the Rental Rehabilitation Program in 24 C.F.R. Part 511, as amended; the OMB Circulars and the Management Standards specified In SectIon 6 of this contract; and with all other federal, state, and local laws and regulations applicable to the activities and performances rendered by Contractor under this contract including but not limited to the laws, and the regulations promulgated thereunder specifIed in Sections I through VI of this Exhibit C. I. CIVIL RIGHTS Title VI of the Civil Rights Act of 1964, (42 U.S.C. Sec. 2000d et seq.); 24 C.F.R. Part 1, "NondiscrImination in Federally AssIsted Programs of the Department of Housing and Urban Development - Effectuation of Title VI of the CivIl Rights Act of 1964"; Title VIII of the CivIl Rights Act of 196B, "The Fair Housing Act of 196B" (42 U.S.C. Sec. 3601 et seq.); Executive Order 11063, as amended by ExecutIve Order 12249, and 24 C.F.R. Part lQ7, "Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063." The failure or refusal of Contractor to comply with the requirements of Executive Order llQ63 or 24 C.F.R. Part 107 shall be a proper basis for the imposition of sanctions specified in 24 C.F.R. 107.60;. The Age Discrimination Act of 1975 (42 U.S.C. Sec. 6101 et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and "Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of the Department of Housing and Urban Development," 4B Fed. Reg. 22470 (May lB, 19B3) and 4B Fed. Reg. 2752B (June 15, 19B3) and The Architectural Barriers Act of 1968 (42 U.S.C. Sec. 4151 et seq.). II. LABOR STANDARDS The Davis-Bacon Act, as amended (40 U.S.C. Secs. 276a - 276a-5) as appllcable.* The Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) as applicable.* *See Section 21 of this contract. III. EMPLOYMENT OPPORTUNITIES Section 3 of the Housing and Urban Development Act of 196B'(12 U.S.C. Sec. 1701 u). Executive Order 11246 and the regulations issued pursuant thereto (41 C.F.R. Chapter 60). Executive Orders 11625, 12432, and 1213B. PAGE 1 OF 3 . IV. LEAD-BASED PAINT Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Secs. 4B2l-4B46) and implementing regulations at 24 C.F.R. Part 35. V. ENVIRONMENTAL STANDARDS AND HISTORIC PRESERVATION Section 104(f) of the Housing and Community Development Act of 1974 (42 U.S.C. Sec. 5301 et.seq.) and 24 C.F.R. Part 5B. National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.). The National HIstoric Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.) as amended; particularly Section 106 (16 U.S.C. Sec. 470f), except as provided in 24 C.F.R. Sec. 5B.17; Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 Fed. Reg. 8921), particularly Section 2(c); The Reservoir Salvage Act of 1960 (16 U.S.C. Sec. 469 et seq.), particularly Section 3 (16 U.S.C. Sec. 469a-l), as amended by the Archeological and Historic Preservation Act of 1974; Flood Disaster Protection Act of 1973, (42 U.S.C. Sec. 4001 et seq.) as amended, particularly Sections 102(a) and 202(a) (42 U.S.C. Sec. 40l2a(a) and Section 4106(a»; Executive Order 119BB, Floodplain Management, May 24, 1977 (42 Fed. Reg. 26951), particularly Section 2(a); Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 Fed. Reg. 26961), particularly SectIons 2 and 5; The Coastal Zone Management Act of 1972, (16 U.S.C. Sec. 1451 et seq.) as amended, particularly Section 307(c) and (d) (16 U.S.C. Sec. 1456(c) and (d); The Coastal Barrier Resources Act of 19B2, (16 U.S.C. Sec. 3501 et.seq.), particularly Section 307 (c) and (d) (16 U.S.C, Sec. 3504 and 3505); The Safe Drinking Water Act of 1974, (42 U.S.C. Sec. 201, 300(f) et seq.), and (21 U.S.C. Sec. 349) as amended, particularly Section 1424(e) (42 U.S.C. Sec. 300h-303(e»; The Endangered Species Act of 1973, (16 U.S.C. Sec. 1531 et seq.) as amended, particularly SectIon 7 (16 U.S.C. Sec. 1536); The Wild and Scenic Rivers Act of 196B, (16 U.S.C. Sec. 1271 et seq.) as amended, particularly Section 7(b) and (c) (16 U.S.C. Sec. 127B(b) and (c»; The Clean Air Act (42 U.S.C. Sec. 7401 et seq.) as amended, particularly Section 176(c) and (d) (42 U.S.C. Sec. 7506(c) and (d»; and, Farmland Protection Policy Act of 19B1, (7 U.S.C. Sec. 4201 et.seq), particularly Section 1540 (b) and 1541 (7 U.S.C. Sec. 4201 and 4202); and 24 C.F.R. Part 51, Environmental Criteria and Standards. PAGE 2 OF 3 VI. USE OF DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS 24 CFR Part 24, Debarment, Suspension and Ineligibility of Contractors and Grantees; AdminIstrative Sanctions. PAGE 3 OF 3 . ' ( EXHIBIT C SCHEDULE FOR COMMITTING RENTAL REHABILITATION FUNDS Contractor shall have rental rehabilitation funds received under this contract committed to specifIc local projects in accordance with the timetable set out below. "Commit to specific local projects" means a legally binding agreement between Contractor and an Owner under which the Contractor agrees to provide rental rehabIlitation funds to the Owner for an identifiable rehabilitation project that can reasonably be expected to start construction within 90 days after the commencement date of the agreement and the Owner agrees to start constructIon within that period. Upon written request by Contractor, Department may, at its sole option and in its sole discretion, alter and amend the schedule for committing rental rehabilitation funds by written letter of notification. This notification procedure shall be an exception to Section 16 of this contract requiring all amendments to be in writing and executed by both parties thereto. 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter FFY 1987 FFY 1987 FFY 1987 FFY 1987 January-March April-June July-September October-December $-0- $17,500.00 $35,000.00 $46,667.00 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter FFY 19BB FFY 19BB FFY 19BB FFY 19BB January-March April-June July-September October-December $58,334.00 $70,000.00 $8l,66B.00 $93,335.00 ! " 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter FFY 19B9 FFY 19B9 FFY 19B9 FFY 19B9 January-March April-June July-September October-December $100,000.00 $-0- $-0- $-0- i ¡ PAGE 1 OF 1 1759L RESOLUTION NO. ~~ A RESOLUTION TEMPORARILY CLOSING WELCH STREET, HIGHLAND STREET, AVENUE C AND MULBERRY STREET ON SUNDAY, MARCH 29, 1987, AND DECLARING AN EFFECTIVE DATE. WHEREAS, on Sunday, March 29, 1987, the North Texas State University Cycling Club is sponsorIng a cycling race, and WHEREAS, the cycling race part~ctpants w~ll be from e~ghteen colleges and universities and is open to the general public of of the C~ty and County of Denton, and WHEREAS, ~n order to provide adequate space for the said race and ~n order to protect the safety of citizens who attend, the City Council of the C~ty of Denton deems ~t ~s necessary to temporarily close a port,on of Welch Street, H~ghland Street, Avenue C and Mulberry Street from the hours of 1 00 p m unttl 4'00 p.m. on Sunday, March 29, 1987, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That Welch Street, H~ghland Street, Avenue C and Mulberry Street shall be temporarily closed as a street or public thoroughfare on Sunday, March 29, 1987 from 1.00 p.m. until 4.00 p.m. for the purpose of holding the cycling race. SECTION II. That the port~on of the above descr,bed streets shall be reopened for public use after 4 O0 p m. on Sunday, March 29, 1987. SECTION III. That thls resolutxon shall take effect and be in full force and effect from and after the date of xts passage and approval. PASSED AND APPROVED this the ~'~'iay of ,~~__, 1987. ATTEST: JENF~F]~R ~ALTERS, ACT~J~G CI?Y SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY NORTH TEXAS t STATE UNIVERSITY Recreational Sports March 19, 1987 City Councll Denton, Texas To the members The NTSU Cyclang Club is plannang a cyclang race on Sunday, March 29, from 1 00 p.m. - 4:00 p.m. The race will start at Welch and H~ghland streets~ continue west on H~ghland St., no~th on Ave. C., east on Mulberry, and west on Welch. The race w~ll consast of twenty (20) continuous laps. There wall be 18 colleges and un~verslt~es represented at the race. We have full support and cooperatIon from the NT Polace as you can see from the attached letter from Lt Robert Hooper. We would apprecaate your approval to block off the above streets A map as attached for you. Thank you for your cons~derataon. S~ncerely, Rance Jones~/ NT Cyclang Club Presadent Ken Royal Cycling Coordanator PO BOX 13867 DENTON TEXAS 76203-3857 817/565-2275 NT U NORTH TEXASI '~ '~ S'~TA E UNIVERSITY Umversity Police March 11, 1987 Hon. Ray Stephens Denton City Council 215 E. McKlnney Denton, Texas 76201 Dear Dr. Stephens; The purpose of this letter is to indicate to the council that the North Texas State University Police Department supports the proposed bicycle race on March 29, 1987, sponsored by North Texas State University Recreational Sports and featuring the NTSU Cycling team in competition with teams from all over the five state area. Race time has been selected to be on Sunday afternoon, and the closing of Avenue C, Mulberry, Welch, and Highland from 1300 until approximately 1600 should not create a substantial incon- vienenoe to motorists in the area. Our officers will be working at strategic locations along the course route to ensure the safety of participants and to minimize any such inconvienence. If you have any questions about preparations for the event, please do not hesitate to call me at 565-3000. Sincerely, Lt. Robert G. Hooper Operations Commander NT BOX 13467 DENTON TEXAS 76203 3467 AC 817 565 3000 1780L RESOLUTION NO./~~..~ A RESOLUTION SUPPORTING THE FLOW MEMORIAL HOSPITAL BOARD OF DIRECTORS' AUTHORITY TO REChIVE DONATIONS FOR THE HOSPITAL, AND DECLARING AN EFFECTIVE DATE. WHEREAS, on March 17, 1987, Mr. Kublcek appeared before the City Council and advised the Council that representatives of Flow Hospital had recommended that he request the City Council's approval for a fund raising drive to solicit donations for the Hospital; and WHEREAS, the City Council wishes to acknowledge the statutory authority for the Board of Directors of the Hospital to receive gifts, grants and donations from any source and support the Board in such endeavors, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the City Council recognizes the authority of the 'Hospital Board of Directors to receive gifts, grants and donations from any source, as provided in sec. 4 of art. 44941-l, V.A.C.S. and hereby supports any fundralslng dr~ve relative thereto. SECTION II. That this resolution shall become effective immediately upon its passage and approyal. PASSED AND APPROVED this the~ day of ~ 1987. ATTEST AC~IJNG CIT2Y SECRETARY CITY OF DBNTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVlTCH, CITY ATTORNEY CITY OF DBNTON, TEXAS Next Document £790L RESOLUTION NO.~~ A RESOLUTION SUPPORTING AND ENDORSING FHE EXPEDITIOUS ESTABLISH- MENT AND CONSTRUCTION OF A NEW CONTROLLED ACCESS SPUR FREEWAY, AND DELLARINb AN EFFECTIVE DATE. WHEREAS, population growth and development in the Northern Tarrant County/Southern Denton County area has caused significant traffic congestion and dangerous conditions on many major roads, and WHEREAS, future growth In population and traffic, as projected by the Texas Department of Highways and Public Transportation, threatens to make the s~tuatlon even worse, and WHEREAS, a new controlled access spur freeway linking 5Hl14 with IH-55W generally along the route depicted on Exhibit "A" attached to this resolution will significantly improve the traffic flow through Northern Tarrant County and Southern Denton County, and will reduce the traffic problems which currently plague travelers on roads in the area, and WHEREAS, the landowners along the route depicted on Exhibit "A" have publicly expressed their tntent~on to donate all of the necessary right-of-way for such a freeway if the facility is constructed expeditiously in accordance with specifications acceptable to such landowners, NOW, THEREFORE, ~HE COUNCIL OF THE CIRY OF DENTON HEREBY RESOLVES SECTION I. That the Council of the City of Denton supports and endorses the expeditious establishment and construction of a new controlled access spur freeway, substantially as depicted on Exhibit "A" attached to this resolution, which is ~ncorporated herein for all purposes ShCTION II. That this resolution shall become effective immediately upon its passage and approval ATTEST: JEDrN~FER ~kLTERS, CITY SECRETARY CIT~Y./OF D~ztNTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF OBNTON, TEXAS 1788L RESOLUTION NO.~"i~7 A RESOLUTION SUPPORTING THE ESTABLISHMENT OF A NEW AIRPORT FACILITY, AND DECLARING AN EFFECTIVE DATE WHEREAS, the Federal Avlatxon Admxnlstratlon is consxderIng establishment of a new axrport facility to be located between FM 156 and IH-35W, adjacent to the Cxty of Haslet, Texas, as more particularly shown xn Exhibit "A" to this resolution, and WHEREAS, the establishment of such an axrport will be a significant positive economic xnfluence throughout the northern Tarrant County/Southwest Denton County Area, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RBSOLVhS. ShCTION I. The City of Denton supports the creation of an efficient air transportatxon system, which xncludes the axrport substantially as depicted on ExhxbIt "A" to thxs resolution SECTION II. That the City Council of the City of Denton supports and endorses the expedItXOUS establxshment of all transportation systems that are consxstent with the regional long range plan and that w~ll harmoniously encourage the overall economic growth of the region. SECTION III. That this resolutxon shall become effective xmmediately upon its passage and approval ATTEST. JEN~q[FER ~LT*BRS, CITY SECRETARY CIT~.~OF DI~WTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS PAWA Winkelmann ~XHIBIT "A" .,~'~ / PAWA Winkelmann RESOLUTION IN APPRECIATION OF "JOE ALFORD" ~HEREAS~ Joe Alford has served as a Councllmember of the City of Denton since April, 1981 and as Mayor Pro Tempore from April, 1986 until today, and WHEREAS, the City of Denton has been extremely fortunate having enjoyed the dedicated and outstanding contributions of Joe Alford, and his efforts to make Denton a better city; and WHEREAS, Joe Alford, among his many contributions to the community, has served as state director of Texas State Florist Association, as a member, director and vice president of the Denton Chamber of Commerce, chairman of the Board of Deacons of First Baptist Church, member of the National Committee for Economic Development and as president o£ the Regional Transportation Committee and is an active member of the Kiwanis Club, and WHEREAS', Joe Alford has also served as a director of the Heart Association and American Cancer Society, and WHEREAS,, Joe Alford has always served above and beyond the efficient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the full respect of h~s fellow Councllmembers and colleagues and citizens of Denton and loss of his services will be I keenly felt, NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Denton, acting on behalf of the citizens and staff, wishes to acknowledge with grateful appreciation the services of Joe Alford and the devotion he has given the City Council of the City of Denton, and hereby orders that this Resolution be made a part of the official minutes of this Council to be a permanent record of the City, and that a copy of this Resolution be forwarded to Joe Alford as a token of our appreciation. BE IT FiURTHER RESOLVED: that the City of Denton does hereby officially and sincerely extend Its best wishes to the Honorable Joe Alford for a long and successful career as a member of our community. PASSED AND APPROVED this the 9th day of April, 1987. ATTEST J]~II~IFER-~.LTERS ACY.,ING CI~,~t' SECRETARY CITY OF DENTON) TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRA¥OVITCH/~] CITY ATTORNEY (~/ CITY OF DENTON, TEXAS -- RESOLUTION IN APPRECIATION OF "JIM RIDDLESPERGER" WHEREAS, tonlght, the City Council of the City of Denton loses one of its most valued members, Jim Rlddlesperger, who was elected thereto in April of 1981 and has served for slx years, and WHEREAS, in addition to his service as a Councllmeaber, Jim Rlddlesperger has served as president of the North Texas State University Chapter of the Texas Association of College Teachers; as honor professor, as advisor to International Students, he has received a distinguished teacher award and has served as the chairman of Wesley Foundation Board; and as president of the Cross Timbers Girl Scout Council, and WHEREAS, Jla Rlddlesperger has also served as a member of the Charter Revision Committee, chairman, Advisory Comalttee, Area Agency on Aging, as executive board meaber, North Central Texas Council of Governments, and as chalraan of the Administrative Board, First United Methodist Church and professor eaerltus, North Texas State University; and ~s currently president of the Denton Kiwanis Club and a member of the F~rst Texas Silver Haired Legislature, and WHEREAS, the City of Denton has been extremely fortunate ~n having enjoyed the dedicated and outstanding services of Jla R~ddlesperger, and seek his continued support, which we know will be forthcoa~ng, and WHEREAS, Jim Rlddlesperger has always served above and beyond the mere effIcient discharge of his duties ~n promoting the welfare and prosperity of the C~ty, and has earned the full respect and admiration of h~s subordinates and fellow Counc~laeabers, NOW, THEREFORE, BB IT RESOLVED that the sincere and warm appreciation of J~m Rlddlesperger felt by the citizens and staff of the C~ty of Denton, be formally conveyed to hla ~n a permanent manner by spreading th~s Resolution upon the official a~nutes of the City of Denton, and forwarding to him a true copy thereof. PASSED AND APPROVED this the 9th day of April, 1987. ATTEST JF~IFER/~ALTERS AC~G C~[]rY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM' RESOLUTION IN APPRECIATION OF "MARK CHEW" WHEREAS, tonight, the City Council of the City of Denton loses one of its most valued members, Mark Chew, who was the first Black elected thereto in April of 1981 and who was the first Black selected by his colleagues to serve as Mayor Pro Tempore from April, 1985 until April, 1986, and WHEREAS, Mark Chew's service to the community is evidenced by his participation as a Board member of the Denton Kiwanis Club, Denton Hi-Noon Lxons Club and Cross Timbers Council of the Girl Scouts of Amerxca, as well as the Denton County Mental Health Advxsory Board, by his service as a member of the steering commxttee for Leadership Denton and the Denton Area Come Alive Crusade, as a member of the Denton High School Vocational Education Board and of the Board of D~rectors of Family Services, and WHEREAS, the C~ty of Denton has been extremely fortunate in having enjoyed the dedicated and outstanding services of Mark Chew, and seek hxs continued support, which we know will be forthcoming, and WHEREAb, Mark Chew has always served above and beyond the mere efficient discharge of hxs duties xn promoting the welfare and prosperity of the City, and has earned the full respect and admlratxon of h~s subordinates and fellow Louncllmembers, NOW, THEREFORE, BE IT RESOLVED that the sincere and warm apprecxatlon of Mark Chew, felt by the citizens and staff of the City of Denton, be formally conveyed to hxm in a permanent manner by spreading this Resolution upon the offlcxal minutes of the City of Denton, and forwarding to h~m a true copy thereof, and BE IT FURTHER RESOLVED that the City of Denton does hereby offxclally and sincerely extend its best wxshes to the Honorable Mark Chew for a long and successful career as a member of our communxty PASSED AND APPROVED thxs the 9th day of April, 1987 ATTEST AC~G CITY SECRETARY APPROVED AS TO LEGAL FORM. D~BRA ADAMI DRAYOVITC~ CITY ATTORNEY U Next Document 1799L RESOLUTION NO.~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS EMERGENCY SHELTER GRANTS PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS AND AUTHORIZING THE MAYOR TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATIhRS PERTAINING ¥0 THE LITY'S PARTICIPATION IN THE EMERGENCY SHELTER GRANTS PROGRAM. WHEREAS, the City Councll of the City of Denton desires to develop a viable urban community, ~nclud~ng the expansion of the quantity and improvement of the quality of the emergency shelters for the homeless, WHEREAS, certain conditions ex~st which represent a threat to the health and safety of the homeless, WHEREAS, ~t ~s necessary and in the best ~nterest of the C~ty of Denton to apply for funding under the 1987 Texas Emergency Shelter Grants Program to meet the objectives and needs set forth above, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That a Texas Emergency Shelter Grants Program application ~s hereby authorized to be f~led on behalf of the C~ty w~th the Texas Department of Community Affairs and that the C~ty of Denton's application be placed ~n competition for funding under the Emergency Shelter Grants Fund SLCTION II. That the application request for grant funds be One Huhdred and F~fty Thousand ($150,000) Dollars to carry out the rehabilitation of the Friends of the Family Shelter for the homeless and to provide food assistance through Help Our People Emerge (M.O.P.E). SECTION III That the City Council hereby d~rects and designates the Mayor as the C~ty's Chief Executive Officer and authorized representative to act ~n all matters ~n connection w~th this application and the City's participation in the Texas Emergency Shelter Grants Program SECTION IV That the Denton County Fr,ends of the Family, Inc , a non-profit corporation, is committing in excess of One Hundred and Fifty thousand ($1S0,000) Dollars in the form of salaries toward the matching funds, for this rehabilitation project. SECTION V. That th~s resolution shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED this the~_~day of ~, 1987 ATTEST JENN~ERW~LTERS, CITY SECRETARY CITYk.gF DEk~TON, TEXAS APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CItY OF DENTON, TEXAS RESOLUTION IN APPRECIATION OF "CHIEF HUGH LYNCH" WHEREAS, after serving as a patrol officer for the City from 1953 to 1966, as captatn of patrol from 1967 to 1969, as captain of the Criminal Investigation Dlwslon of the Police Department from 1969 until 1980 when he became acttng chief, and as Police Chief for the City of Denton since 1981, Chief Hugh Lynch has restgned, and WHEREAS, during his tenure with the City, Chief Lynch has been a member of the Internatxonal Association of Police Chiefs, of the Texas Police Assocxatlon, of the Texas Law Enforcement Intelligence Units Association, of the North Texas Police Chiefs Association, and of the Denton County Police Chxefs Association, and WHEREAS, Chief Lynch's dedication to his profession and the community is evidenced by h~s implementation of the crime prevention program, the training program, traffic department, take-home car policy and the new tactical un~t, and WHEREAS, the City of Denton has been fortunate in having enjoyed the dedicated and outstanding serwces of Chief Hugh Lynch and wish to recognize same, WHEREAS, Hugh Lynch has always served above and beyond the efficient discharge of h~s duties in promoting the welfare and prosperity of the City, and has earned the full respect of h~s fellow employees, colleagues and c~tlzens of Denton, NOW, THEREFORE, BE IT RESOLVED' that the sincere and warm appreciation of Hugh Lynch felt by the citizens and officers of the C~ty of Denton, be formally conveyed to h~m in a permanent manner by recording this Resolution upon the official minutes of the City Council of the C~ty of Denton, Texas and forwarding to him a true copy thereof as a token of our appreciation PASSED AND APPROVED this the 21st day of April, 1987 RAN~)AL~L S BOYD ROBERT M GORTON HUGH A~fER JP~ HOPKINS ~"~ R ALE ATTEST. APPROVED AS TO LEGAL FORM NIFM~/~ALTERS DEBRA ADAMI DRAYOVI~ Y SE~ETARY CITY ATTORNEY 1721L RESOLUTION NO.~__~ A RESOLUTION CHANGING THE REGULAR COUNCIL MEETING OF MAY 19, 1987, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the regular Council meeting of the City of Denton scheduled for May 19, 1987 is hereby changed due to a conflict with the annual meeting of the American Public Power Association, NON, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I. That the regular Council meeting to be held on May 19, 1987 be changed to May 12, 1987. PASSED AND APPROVED this the Sth day of May, 1987. AFTEST JENN~P]BR WA~FERS, CITY SECRETARY CITY O~ DEN~0N, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 1765L RESOLUTION NO./~ A RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO THE AIRPORT LEASE BETWEEN THE CITY OF DENTON AND PORT-A-PORT, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, certain real property upon the Denton Municipal Airport, was leased to Port-A-Port, a Texas partnership, by lease agreement dated January 20, 1987, and WHEREAS, the City of Denton and the lessee desire to amend the lease agreement; and WHEREAS, the Airport Advisory Board for the City of Denton has recommended approval of the proposed airport lease amendment; and WHEREAS, the City Council of the City of Denton, Texas, believes it to be in the interest of efficient airport operations to approve such lease amendment, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON. SECTION I. The attached amendment to the airport lease agreement between the City of Denton and Port-A-Port dated January 20, 1987 and also attached hereto, is hereby approved. SECTION II. The Mayor is hereby authorized to execute the attached lease amendment on behalf of the City and the City Secretary is hereby dlrecte, d to affix this resolution, with the executed lease amendment attached, to the original airport lease agreement dated January 20, 1987, ~nscrlblng on the original agreement the fact it has been amended and the effective date of such amendment. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 5~'ay of ~, 1987. ATTEST: J ENR~I I~BR- I~T ~RS -- Pt~P-P~ CIT~)SECRETARY CITY G'F DENTON, TEXAS APPROVED AS TO LEGAL FORM. DEBRA ADA_MI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 1765L THE STATE OF TEXAS § AMENDMENT NO. 1 TO AIRPORT LEASE AGREEMENT BBTWEBN THE COUNTY OF DENTON ~ CITY OF DENTON AND PORT-A-PORT WHEREAS, certain real property upon the Denton Municipal Airport was leased to Port-A-Port, a Texas corporation, by lease agreement dated January 20, 1987, and WHEREAS, the City of Denton and the lessees desire to amend the lease agreement to require that Lessee maintain various policies of liability insurance, NOW, THEREFORE, WITNESSETH The City of Denton, Texas, hereinafter referred to as "Lessor" and Port-A-Port, a Texas corporation, hereinafter referred to as "Lessee", for and in consideration of the rents, covenants and conditions contained herein, do hereby mutually agree that the airport agreement between Lessor and Lessee dated January 20, 1987, is hereby amended as follows: 1. Section XIV, INSURANCE, is amended to read as follows' A. REgUIRED INSURANCE: Lessee shall maintain continuously in effect at all times during the term of this agreement, at Lessee's expense, the following insurance coverages. 1. Comprehensive General Liability covering the leased premises, the Lessee or its company, its personnel and its operations on the airport. 2. Aircraft Liability to cover all flight operations of Lessee. 3. Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the Lessee subsequent to this agreement. 4. Liability insurance limits shall be in the following minimum amounts: Bodily In3ury and Property Damage. $1,000,000 combined single limits on a per occurrence basis 5. All policies shall name the City of Denton as an additional named insured and provide for a minimum of thirty (50) days written notice to the City prior to the effective date of any cancellation or lapse of such policies. 6. Ail policies must be approved by the Lessor. 7, The Lessor shall be provided with a copy of all such policies. B. During the original or extended term of this Lease, Lessor herein reserves the right to adjust or increase the liability insurance amounts required of the Lessee, and to require any additional rlder~ provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor; provided however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Denton Municipal Airport, in size and in scope of aviation actlVltleS~ located in the southwestern region of the United States. Lessee herein agrees to comply with all increased or adjusted insurance requirements that may be required by the Lessor through- out the original or extended term of this lease, Including types of insurance and monetary amounts or limits of Insurance, and to comply with said insurance requirements within sixty (60) days following receipt of a notice in writing from Lessor stating the increased or adjusted insurance requirements. Lessee shall have the right to maintain in force both types of insurance and amounts of insurance which exceed messor's minimum insurance requirements. In the event that State Law should be amended to require types of insurance and/or insurance amounts which exceed those of like or similar public use airports in the southwestern region of the United States of America, then in such event, Lessor shall have the right to require that Lessee maintain in force types of insurance and/or amount of insurance as specified by State Law Failure of Lessee to comply with the minimum specified amounts or types of insurance as required by Lessor shall constitute Lessee's default of this lease. IN ,WITNESS WHEREOF, the parties have executed Amendment No. 1 to this airport lease this __ day of , 1987. PASSED AND APPROVED this the ~f'~day of ~, 1987. CITY OF DENTON, TEXAS, LESSOR AMENDMENT NO. 1 TO AIRPORT LEASE AGREEMENT/PORT-A-PORT/PAGE 2 ATTEST CITYUSECRBTARY F DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ~DAMI DRAYO¥ITCH, CITY ATTORNEY CITY OF DENTON, TEXAS PORT-A-PORT, LESSEE THE STATE OF COUNTY OF Subscrzbed and sworn to before me thzs /sv' day ofd/~d/A , 1987 by B. K. Lxlly, Presxdent of Port-A-Port. ~ OFr:CIAL SEAt ~ ./ ¢.ln.l-~l 0~,, ', My Comm~sszon expzres: AMENDMENT NO. 1 TO AIRPORT LEASE AGREEMENT/PORT-A-PORT/PAGE 1812L A RESOLUTION EXPRBSSING SUPPORT OF LIEUTENANT BILL HOBBY'S "BUILD TEXAS PROGRAM", AND DECLARING AN BFFECTIVE DATE. WHEREAS, Lieutenant Governor Bill Hobby has, with assistance from Senator Hugh Parmer, Senator Bob McFarland and Senator Montford, initiated an effort to create an eleven billion dollar public works program to "Build Texas", and WHBREAS, this program, if enacted by the State Legislature and approved by the voters in November, would amend the Texas Constitution by allowing the sale of bonds to pay for public facilities, 1.e. prisons, youth correction facilities, water projects and allowing the issuance of bonds for public facility loans and grants to local governments, and WHEREAS, the City Council of the City of Denton hereby wishes to endorse and support the proposed public works program and amendments, NOW, THEREFORE, BE IT RESOLVED BY THh COUNCIL OF THE CITY OF DENTON, TEXAS. SECTION I. That the City Council hereby expresses its support for the "Build Texas" program and legislative package and expresses its appreciation to Lieutenant Governor Hobby for his leadership SECTION II. That the City Secretary is hereby directed to forward a copy of this resolution to L~eutenant Governor B~ll Hobby. PASSED AND APPROVED this the ~ay of ~, 1987 ATTEST JENnifER W~TERS, CITY SECRETARY CITY~F DEN*TON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 1821L RESOLUTION NO.~_~_- 3~ A RESOLUTION APPROVING THE CREATION OF A "RISK MANAGEMENT FUND" BY A BOND RESOLUFION TO BE ADOPTBD BY THE fEXA$ MUNICIPAL POWER AGENCY, AND PROVIDING AN EFFECTIVE DA~E. WHEREAS, by Resolution 87-4-2B the Board of Directors of the Texas Municipal Power Agency has requested that the Cities of Bryan, Denton, Garland and Greenwlle, Texas consider t,e approval of the creation and establishment of an additional Fund to be known as the "Risk Management Fund" prior to the issuance of Bonds to fund, in part, the propsoed self ~nsurance fund, WHEREAS, the request for such approval is contemplated by the Power Sales Contracts by and between the Agency and said Cities and the said Fund has also been contemplated by the resolutions authorizing the issuance of Bonds by the Agency, WHEREAS, it appears that economies may be effected and/or insurance obtained through such self insurance program, now therefore BE IT R~SOLVED BY THE COUNCIL OF THE CITY OF DENTON, T~XAS SELTION I. The creation of an additional Fund (~n addition to those established by Article V of the resolution authorizing the issuance of the Texas Municipal Power Agency Revenue Bonds, Series 1976), to be known as the "Risk Management Fund," for the purpose of prowdlng a self insurance fund ~s hereby approved by and on behalf of th~s City SECTION II. Th~s approval of the creation of such Fund for the aforesaid purpose shall be effective upon approval being g~ven by the governing bodies of the ¢~tles of Byran, Denton, Garland, and Greenwlle, all as contemplated and provided by the Power Sales Contracts by and between such Cxt~es and Texas Municipal Power Agency SECTION III. That this resolution shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED this ~L_~ay oi _~~, 1987. CITY OF DENTON, TEXAS ATTEST JE'~FER' W~LTERS, cFrY SECRETARY CI~J OF D~NTON, T~.XAS APPROVED AS TO LEGAL FORM. DhBRA A. DRAYOVITCH, CITY ATIORNEY cITY OF DENTON, TEXAS 1818L RESOLUTION NO ~ A RESOLUTION EXPRESSING SUPPORT OF LEGISLATION CREATING THE DENTON COUNTY HOSPITAL DISTRICT, AND DECLARING AN EFFECTIVE DATE. WHEREAS, State Senator Bob Glasgow and State Representative Jim Horn may Introduce legislation to create the Denton County Hospital District, and WHEREAS, Flow Memorial Hospital serves the health needs of the residents of Denton and Denton County, and WHEREAS, t.e City Councxl of tile Cxty of Denton recognizes the importance of a public not for profit hospital to meet those needs, and WHEREAS, Flow Memorxal Hospital deserves to have a sound financial posture, which a hospital dlstr~ct would provide, and WHEREAS, The City Council of the City of Denton wishes to allow its residents the opportunity to voice xts desire in providing that sound £1nanclal posture, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CiTY OF DENTON, TEXAS SECTION i. That the Cxty Councxl hereby expresses xts support for the legislation creating the Denton County Hospxtal Dxstrlct and expresses Its appreciation to Senator Bob Glasgow and Representative Jim Horn for their efforts on behalf of the residents of Denton County. SECTION II. That the C~ty Secretary xs hereby dxrected to forward a copy of this resolution to Senator Bob Glasgow and Representative Jim Horn SECTION III That this resolution shall become effective immediately upon Its passage and approval. PASSED AND APPROVED thxs~___~day of ~ , 1987 RAY $~~MAYOR CITY OF DENTON, TEXAS ATIES~. J~FBR ~T~S} C1TY-SEC~TARY C~/OF D~TON, IEXAS APPROVED AS TO LEGAL ~ORM' DEBRA A DRAYOVITCH, CITY ATTORNEY CIfY OF DENTON, TEXAS 1816L RESOLUTION NO. ~ A RESOLUTION APPOINTING MEMBERS TO THE BOARD Ob DIRECIORS OF THE DENTON HEALTH FACILITIES DEVELOPMENT CORPORATION, AND DECLARING AN EFFECTIVE DAIE. WHEREAS, the terms oi office of Chris Hartung, Rick Svehla and John McGrane as members of the Board of Directors of the Denton Health Facilities Development Corporation having expired, and WHEREAS, the City Council wishes to appoint their successors, NOW, THEREFORE, THE COUNCIL OF THE CITY O~ DENTON, IEXAS HEREBY RESOLVES: SECTION I. That the following individuals are hereby appointed as the'Board o£ Directors of the Denton Health Facilities Develop- ment Corporation Lloyd V. Harrell Rick Svehla John McGrane SECTION II. That the term of office for said members shall be for six t63 years. SECTION III That this resolution shall become eiiectlve lmmedi~tely upon its passage and,---ap~pr~v~almd-/ PASSED AND APPROVED th~s the/~-f'day of ~, 1987 CIIY OF DENTON, TEXAS ATTEST iER W~L'rE~S Citer SECRETARY F DENTON, TEXAS APPROVED AS TO LEGAL PORM' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS CERTIFICATE FOR RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS~ FOR A MUNICIPAL RADIO COMMUNICATIONS SYSTEM THE STATE OF TEXAS : COUNTY OF DENTON CITY OF DENTON We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in SPECIAL MEETING ON THE 12TH DAY OF MAY, 1987, at the Municipal Building (City Hall), and the roll was called of the duly constituted officers and members of said City Council, to-wit: Jennifer K. Walters, City Secretary Ray Stephens, Mayor Jim Alexander Bob Gorton Llnnle McAdams Randall Boyd Jane Hopkins Hugh Ayer and all of said persons were present, except the following absentees: , thus constitut- ing a quorum. Whereupon, among other business, the following was transacted at said Meeting. a written RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR A MUNICIPAL RADIO COMMUNICATIONS SYSTEM was duly Introduced for the consideration of said City Council and duly read. It was then duly moved and seconded that said Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of said Resolution, prevailed and carried by the following vote: AYES~ Ail members of said City Council shown present above voted "Aye". NOES: None. 2. That a true, full, and correct copy of the aforesaid Resolution adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certifi- cate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoIng paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining the adoption of said Resolution; that the persons named in the above and foregolng paragraph are the duly chosen, qualified, and acting officers and members of said City Council as ~ndlcated therein, and that each of the officers and members of sald City Council was duly and sufficiently notified officially and personally, in advance, of the tlme, place, and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for passage at sald Meeting; and that said Meeting was open to the publlc, and public notice of the time, place, and purpose of sald meeting was given, all as required by Vernon's Ann. Tex. C~v. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly s~gned said Resolution; and that the Mayor and the City Secretary of sald City hereby declare that their slgnlng of this Certificate shall constitute the signing of the attached and following copy of sald Resolu- tion for all purposes. SIGNED AND SEALED the 12th day of May, 1987. (SEA~) C~y ~cretary We, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby certify that we prepared and approved as to legality the attached and following Resolution prior to ~ts adoption as aforesaid. City Attor~ Bo~ Attorneys RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR A MUNICIPAL RADIO COMMUNICATIONS SYSTEM THE STATE OF TEXAS : COUNTY OF DENTON CITY OF DENTON WHEREAS, ~t ~S deemed necessary and advisable that Not~ce of Intention to Issue Certificates of Obligation be g~ven as hereinafter provided. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: Section 1. That attached hereto ~s a form of "NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS, FOR A MUNICIPAL RADIO COMMUNICATIONS SYSTEM", the form and substance of which are hereby adopted and ap- proved. Section 2. That the C~ty Secretary shall cause sa~d NOTICE, ~n substantially the form attached hereto, to be published once a week for two consecutive weeks an a newspaper of general c~rculat~on in the C~ty, the date of the f~rst publication to be at least fourteen (14) days prlor to the date tentatively set for the passage of the Ordlnance authorlzlng the ~ssuance of such Certificates of Obligation. HERE PASTE THE NOTICE BY F,t, ~,, PUBLICATION CUT FROM PAPER THE STATE OF TEXAS IN THE MATTER OF TH E COUNTY OF DENTON c TY OF DENTDN NOTICE OKINTENT ON TO ISSUE CEBTIFIC:AT ~S OF OBLIGATIONOF THBCI~OF DENTON, TEXAS, FOR A MUNICIPAL ~DIO ~UHICATIONS SYSTEM THE CI~ OF DENTON, In lien to issue CITY OF DENTON CE~TIFICATES AFFIDAVIT OF PUBLISHER TO OF O~LiGATION in the maximum ~iKi~i am~nt P~LICATION OF LEGAL NOTICE M t1,1~ ~ the ~r~ ~ant ~ ~ ~ the Fib d the munlcl~l radio communlca IIG~l~ f~ ~ ~ collation M ad valorem m ~ ~ip a~ ~r DelTUtV CI~'S ~mbJ~ t~, i~ el~lc light and I ~r s~m) The City I ~uKlt M ~ Cl~ ~ntati~iy [ Obli~t~at I ~pm on~ l~h MY M Jura, 1~7, In ~e nlcW.I BuIl~lng, CI~ OF DENTON, )y J~nl~r K Wello~, ~y I~,~ 1N7 ~0 B~ PUBLISHED TWO TIME - ONCE ON SUNDAY, MAY 17, n87 and ONCE ON SUNDAY, MAY 24, ~87 THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON, TEXAS~ FOR A MUNICIPAL ~ADIO COMMUNICATIONS SYSTEM TEE CITY OF DENTON, in Denton County, Texas, hereby gives notice of intention to issue CITY OF DENTON CERTIFICATES OF OBLIGATION in the maximum pr~ncipal amount of $1,100,000 for the purpose of paying all or a portion of the City's contrac- tual obligations to be incurred pursuant to contracts for the purchase of materials and equipment constituting a municipal radio communications system, and paying all or a portion of the contractual obligations for professional services of engineer- ing, attorneys, and financial advisors in connection with such municipal radio commuinications system and Certificates of obligation. The City proposes to provide for the payment of such Certificates of Obligation from the levy and collection of ad valorem taxes in the City as provided by law, and from certaan revenues derived by the City from the ownership and operation of the City's Utility System (consasting of the Caty's combined waterworks system, sanitary sewer system, and electric light and power system). The City Council of the City tentatively proposes to authorize the issuance of such Certifi- cates of Obligation at 7:00 p.m. on the 16th day of June, 1987, an the City Council room at the Munacipal Buald~ng, Denton, Texas. CITY OF DENTON, TEXAS By Jennifer K. Walters, City Secretary Next Document 1835L RESOLUTION NO~ A RESOLUTION TEMPORARILY CLOSING THE 100 BLOCK OF NORTH ELM STREET, 100 BLOCK OF WEST OAK STREET, 100 BLOCK OF NORTH LOCUST STREhT AND 100 BLOCK OF WEST HICKORY STREET ON SEPTEMBER 19, 1987, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Central Business District was once the social and commercial center of Denton County, and WHhREAS, the merchants and professionals who continue to serve the people of Denton from within this historic district wish to commemorate the spirit and tradition of its past, and WHEREAS since 1896, the "Court Square" area was transformed each Saturday from the seat of county government Into the social gathering place for Its citizens, and WHEREAS, that structure which remains the historical and sentimental center of our country is now undergoing a restoration which wzll insure its continuing presence as a familiar landmark on the Denton horizon, and WHEREAS, the Denton County Courthouse on the Square soon will reopen its doors to a proud public, and WHEREAS, ali abutting merchants and professionals surrounding the area have given their permission to the temporary closing of said streets, and WHEREAS, County Seat Saturday is open to the general public of the City and County of Denton, and WHEREAS, in order to prowde adequate space for County Seat Saturday, a celebration, and ~n order to protect the safety of c~tlzens who attend, the City Council of the City of Denton deems it is necessary to temporarily close the 100 Block of North Elm Street, 100 Block of West Oak Street, 100 Block of North Locust btreet and 100 Block of West Hickory Street, comprising the "Courthouse Square", from the hours of 6 00 A M until midnight on September 19, 1987, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the 100 Block of North Elm Street, 100 Block of West Oak Street, 100 Block of North Locust Street and 100 Block of West Hickory Street, comprising the "Courthouse Square", shall be temporarily closed as public streets or thoroughfares of any kind or character whatever on September 19, 1987 from 6 00 A.M until m~dn~ght for the purpose of holding "County Seat Saturday" SECTION II. 1hat the port~on of the above described streets shall revert back to the City for normal traffic actlwty ~mmedlately from and after m~dnlght on September 19, 1987. SECTION III. That th~s resolution shall take effect and be ~n full force and effect from and after the date of its passage and approval. PASSED AND APPROVED th~s the 2nd day of June, 1987 CITY O~JDENTON,' TEXAS ATTEST JENnifER WALTERS, CITY SECRETARY CITY, OF Dt~NTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS PAGE 1834L RESOLUTION NO.~ A RESOLUTION TEMPORARILY CLOSING PEMBROOKE AND LYNHURST STREETS ON JUNE 20, 1987, AND DECLARING AN EFFECTIVE DATE WHEREAS, Zane Lemon has requested that Pembrooke and Lynhurst Streets at the intersection of Pennsylvania and Longrldge, public streets within the corporate limits of the City of Denton, Texas be temporarily closed to public vehicular traiflc between the hours of 2'00 p.m. to 11:30 p.m on June 20, 1987, for the purpose of having a neighborhood block party, and WHEREAS, Zane Lemon has assured the City Council that all residents in such block have agreed to the temporary closing of Pembrooke and Lynhurst Streets at the intersection of Pennsylvania and Longr~dge; and WHHREA~, Zane Lemon has further assured the C~ty Council that no alcoholic beverages will be served at the above-mentioned block party, NOW THBRBFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I. That Pembrooke and Lynhurst Streets at the ~nter- section of Pennsylvania and Longr~dge, public streets ~n the corporate l~m~ts of ~he C~ty of Denton, Texas, be temporarily closed to vehicular ~raff~c from ~he hours of 2 00 p m. to ll 30 p.m. on June 20, 1987, for the purpose of having a ne~ghorhood block party. SECTION II. That the C~ty Manager shall d~rec~ the appro- priate C~ty Department to erect barricades at Pembrooke and Lynhurst Streets at the intersections of Pennsylvania and Longr~dge at Z 00 p m on June 20, 1986, and to have the same removed at 11 30 p.m on said date. PA~SED AND APPROVED th~s the 2nd day of June, 1987 ATTEST' JENN~ER W~T'RS7 CITY SECRETARY APPR~D AS TO LEGAL FORM. DEBRA AD~I DRAYOVITCH, CITY ATTORNEY 1095L RESOLUTION NO./~_~.7 A RESOLUTION BY THE CITY OF DENTON, FEXAS, AUfHORIZlNG THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A FINAL STATEMENT OF OBJECTIVES AND PROJECfED USE OF FUNDS WiTH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED WHEREAS, t~e City of Denton, Texas, is concerned with the deve- lopment of viable urban communities, including decent housing, a suitable living envlronmont and expanded economic opportunities, and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate income, and WHEREAS, the City of Denton, Texas, as an entitlement City, has prepared, through a citizen participation process, a program for utxllzlng its fxrst year entxtlement funds ~n the approximate amount of $571,588, and WHEREAS, the publxc hearing will have been held in accordance w~th the law, and WHEREAS, the Act requires an application and appropriate certi- fication; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE City OF DENTON, THAT SECTION I. Rile City Council of the Cxty of Denton, Rexas, authorizes the City Manager to s~gn and submit to the Department of Housing and Urban Development a grant applxcatlon and appropriate assurances for entitlement funds under the Housing and Community Development Act of i974, as amended. SECTION II. That the City Council o~ the City of Denton, texas, authorizes the Director of Planning and Community Development to handle all fiscal and administrative matters related to the application, the Housing Assistance Plan and the assurances SECTION III. Thl~ this Resolution shall ta~e effect immediately from and after its passage. SECTION IV That the City Secretary is hereby authorized to lurnlsl~ copies of this Resolution to all interested parties ~ PASSED AND APPROVED this thereOf/day of __, 1987 ArrEsT JENnifER WAI~TBRS, CITY SECRETARY CITY~F DENR~ON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY AfTORNEY CITY OF DENTON, TEXAS 1855L RESO . TION NO A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE AMENDED STATEMENT SUBMITTED NOVEMBER 26, 1986, TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OF A FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS WITH APPROPRIATE VERIFICATIONS, AS AUTHORIZBD AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. WHEREAS, the City of Denton, Texas, ts concerned with the development of viable urban communities, ~ncludlng decent housing, a suitable living environment and expanded economic opportunxtles, and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate income, and WHEREAS, the City of Denton, Texas, as an entitlement c~ty, has prepared, through a citizen participation process, a program for utilizing Its first year entitlement funds in the approximate amount of $557,384, and WHEREAS, the City of Denton, Texas, had prewously allocated an approximate amount of $195,984 00 of the entitlement funds for funding neighborhood center construction, and WHEREAS, the City of Denton, Texas, now desires to reallocate an approximate amount of $195,962 51 of the neighborhood center construction funds for the purposes of neighborhood center architectural services, street Improvements, neighborhood center s~dewalks and parking lots, and neighborhood center housing rehabilitation, NOW,THEREFORE, B~ IT RESOLVED BY THE COUNCIL OF Ttt~ CITY OF DENTON, TEXAS, THAT SECTION I. The City Council of the City of Denton, Texas, authori:es the City Manager to sign and submxt to the Department of Housxng and Urban Development an amendment for the reallocation of funds to the amended 1986 F~nal Statement that was previously submitted for a grant application and appropriate assurance for entitlement funds under the Houstng and Community Development Act of 1974, as amended SECTION II. That the City Council of the C~ty of Denton, Texas, authorizes the Director of Planning and Community Development to handle all fiscal and administrative matters related to the amended final statement SECTION III That this Resolution shall take effect lmmedtately from and after its passage. SECTION IV. That the City Secretary ts hereby authortzed to furnish copies of thts Resolution to all tnterested parties PASSED AND APPROVED thts the /~ay of June, 1987 APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 1853L RESOLUTION NO ~ A RESOLUTION TEMPORARILY CLOSING WYE STREET ON JULY 17, 1987, AND DECLARING AN EFFECTIVE DATE. WHEREAS, Fred Douglas representxng the Fred Moore Reunxon Committee has requested that Wye Street, from the ~ntersectlon of Mill Street to the ~ntersect~on of Cross T~mber Street, a public street within the corporate l~m~ts of the C~ty of Denton, Texas be temporarily closed to public vehicular traffic between the hours of S.00 p.m to 9 00 p.m on July 17, 1987, for the purpose of hawng a street fair, anu WHEREAS, Fred Douglas representing the Fred Moore Reunion Committee has assured the C~ty Council that all residents in such block have agreed to the temporary closing of Wye Street, and WHEREAS, Fred Douglas representing the Fred Moore Reunion Committee has further assured the C~ty Council that no alcoholic beverages will be served at the above-mentioned street fair, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I That Wye Street, from the ~ntersect~on of M~ll Street to the ~ntersectlon of Cross Timber Street, a public street ~n the corporate l~m~ts of the C~ty of Denton, Texas, be temporarily closed to vehicular traffic from the hours of 5.00 p m. to 9.00 p.m. on July 17, 1987, for the purpose of hav~ng a street fair. SECTION II. That the C~ty Manager shall d~rect the appro= pr~ate City Department to erect barricades at Wye Street, from the ~ntersect~on of M~ll Street to the intersection of Cross T~mber Street, at S.00 p.m. on July 17, 1987, and to have the same removed at 9 00 p.m. on sa~d date. PASSED AND APPROVED this the 23rd day of June, 1987. ATTEST DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1857L RESOLUTION NO.~ A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE DENTON RETIREMENT AND NURSING CENTER FINANCE AUTHORITY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the terms of o£flce of Chris Hartung, William K. Cole and William H. McNary as members of the Board o£ Directors of the Denton Retirement and Nursing Center Finance Authority hav~ng expired; and WHEREAS, the City Council wishes to appoint their successors, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION I. That the following ~ndlvlduals are hereby appointed as the Board of Directors of the Denton Retirement and Nursing Center Finance Authority. Lloyd V Harrell Rick Svehla John McGrane SECTION II. That the term of office for said members shall be for slx (6~ years. SECTION III. That this resolution shall become effective ~mmedla'tely upon its passage and approval PASSED AND APPROVED this th,~L_~_ day of 7~' 1987. ATTEST' $~IFER ~LTERS, CITY SECRI'~?ARY APPROVED AS TO LEGAL FORM: DEBRA ADAIdI DRA¥O¥ITCH~ CITY ATTORNEY Next Document 1863L ESOLUTION NO A RESOLUTION SUPPORTING THE CREATION OF AN ENHANCED 911 EMERGENCY DISTRICT AND DECLARIN6 AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas is a City that lles wholly or partly within Denton County, State of Texas, and WHEREAS, a Denton County Area Enhanced 911 Emergency District will benefit the residents who live in the District by providing the technological equipment to improve emergency response time, and WHEREAS, the Denton County Commissioners Court has called an election for creation of a Denton County Area Enhanced 911 Emergency District on August 8, 1987 to confirm the creation of a proposed District, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON. SECTION I. That the City of Denton, Texas publicly supports the passage of an Enhanced Emergency 911 District. SECTION II. That the C~ty of Denton hereby supports the Denton County Area Enhanced 911 Emergency District Board in working towards a successful outcome of the August 8, 1987 elect~on. PASSED AND APPROVED this the ~day of July, 1987. R OR ATTEST: JENNIFER WAL,~RS, CITY SEGR'ET~I~,Y APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1866L RESOLUTION NO. -?7-PZJ A RESOLUTION APPOINTING RAY STEPHENS TO TNB BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL PO~ER AGENCY AND DECLARING AN EFFECTIVE DATE, WHEREAS, the term of office for Place 4 of the C~ty of Denton, Texas on the Board of Directors of the Texas Municipal Power Agency will terminate July, 1987, and ~HEREAS, the City Council wishes to appoint Ray Stephens to Place 4 on the Board of Directors of the Texas Municipal Power Agency; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS' SECTION I. Pursuant to the terms and prowslons of Ordinance No 75-22 of the City of Denton, Texas, Ray Stephens is hereby appointed to the two year term of office to Place 4 on the Board of Directors of the Texas Municipal Power Agency The term of office beginning July, 1987 and ending July, 1989. SECTION II. This Resolution shall become effective from and after its date of passage, and it is so ordered PASSED AND APPROVED this the 7th day of July, 1987 RAY STiffENS, ~AYOR ATTEST' b~'NNII:ER W~WTERS, C~ITY ~ECt[~ARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1868L RESOLUTION NO. A RESOLUTION APPOINTING TWO MEMBERS TO THE CIP' 91 COMMITTEE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council passed a resolution on January 6, 1987 appointing slx members to serve on the CIP' 91 Committee, and WHEREAS, Hugh Ayer, Chairman and Bob Gorton were appointed to serve on this Committee, and WHEREAS, Hugh Ayer and Bob Gorton, having been elected to the City Council in April, 1987, have resigned, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I. That Reverend Bob Crouch and Roberta Donsbach are hereby appointed to replace Hugh Ayer and Bob Gorton on the CIP' 91 Committee and Jack Miller shall be designated Chairperson o£ sa~d Committee. SECTION II. That this resolution shall take effect immediately upon its passage and approval. PASSED AND APPROVED this the 7th day of July, 1987. ATTEST. kI~lgIFI~R I~%LT~RS, CI~Yf SEC~ET~Y APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY:~ 1865L RESOLUTION NO.~_~ A RESOLUTION TEMPORARILY CLOSING BONNIE BRAE STREET ON JULY 4, 1987, AND DECLARING AN EFFECTIVE DATE WHEREAS, Charles P. Saunders representing the Denton Kiwanis Club has requested that Bonnie Brae Street, from the intersection of Airport Road to the intersection of Wlllowwood Street, a public street within the corporate limits of the City of Denton, Texas be temporarily closed to public vehicular traffic between the hours of 6.30 p.m. to 10 00 p.m. on July 4, 1987, for the purpose of having an annual Fourth of July fireworks show, and WHEREAS, Charles P. Saunders representing the Denton Kiwanis Club has further assured the C~ty Council that no alcoholic beverages will be served at the above-mentioned fireworks show, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That Bonnie Brae Street, from the Intersection of Airport Road to the xntersect~on of W~llowwood Street, a publtc street in the corporate l~mlts of the C~ty of Denton, Texas, be temporarily closed to vehicular traffic from the hours of 6 30 p m. to 10.00 p.m. on July 4, 1987, for the purpose of having an annual Fourth of July fireworks show SECTION II. That the City Manager shall direct the appro- priate City Department to erect barricades at Bonnie Brae Street, from the intersection of Airport Road to the xntersectlon of Wlllowwood Street, at 6 30 p.m. on July 4, 1987, and to have the same removed at 10.00 p.m. on said date. PASSED AND APPROVED this the 30th day of June, 1987. RAY ~PH~S, ~MAYOR ATTEST APP~YOVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1870L A RESOLUTION SUPPORTING THE CREATION OF AN DENTON COUNTY HOSPITAL DISTRICT AND DECLARING AN EFFECTIVE DATE WHEREAS, the Denton County Commtssloners Court has called an electron on August 8, 1987 to conftrm the creatton of a proposed Denton County Hospital Dtstrtct, and WHEREAS, the Dtstrtct wtll allow a healthy public non-profit hospttal to be matnta~ned tn the County of Denton, and WHEREAS, a Denton County Hospttal Dtstrtct wtll beneftt the restdents who ltve tn the Dtstrtct by prov~dtng the ftnanctal resources to allow Flow Memorial Hospital to serve the health needs of the restdents of the Ctty of Denton and the County of Denton, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the Ctty Counctl of the Ctty of Denton, Texas hereby expresses tts publtc support of the passage of the Denton County Hospttal Dlstrtct at the August 8 election SECTION II. That thts resolutton shall become effecttve tmmediately upon tts passage and approval PASSED AND APPROVED thts the ~ day of July, 1987. ATTEST o'ENNI'FER WA~TERS, CITY SECRE~d~Y APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1741L RESOLUTION NO. ~ A RESOLUTION ADOPTING THE MANAGEMENT/SUPERVISION COMPENSATION PLAN AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT SAID PLAN, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Cxty Manager and h~s staff have presented proposed revisions to the Management/Supervision Compensation Plan and recommended the adoption of administrative procedures for said plan to the City Council, and WHEREAS, the City Council desires to adopt such revisions and authorize the City Manager to ~mplement them, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the attached classification and compensation plan for management/supervision 3ob categories ~n the City of Denton, attached hereto and made a part hereof, is hereby adopted and the City Manager is authorized to implement said plan and adopt administrative procedures ~n accordance w~th the recommendations in the attached memorandum, whzch is incorporated here~n by reference SECTION II. The foregoing plan shall be f~led ~n the official records of the C~ty of Denton w~th the D~rector of Personnel/ Employee Relations and the City Secretary SECTION III. Any Management/Superwslon Compensation Plan adopted by prior resolutions of the C~ty Council ~s hereby rescinded to the extent of any conflict w~th the foregoing plan and with any administrative procedures issued under the authority of the C~ty Council implementing the plan hereby adopted. SECTION IV. Th~s resolution shall become effective ~mmedlately upon its passage and approval. /% PASSED AND APPROVED this the~/~ day of~, 1987 //RAY STEPHENS,' MAYOR ATTEST DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY MANAG~/SUP~VISION PAY PLAN - FY 86/87 ~'~'~:CTIVE JANUARY 1. 1987 REVISED AS I~R CITY C(ITNCT~. RESOLUTION ADO~-~'~D 0TJLY 21~ 1987 JOB FAMILY - M JOB I~TIT~E MIN]~MUM MIDPOIiNT MAXIMUM B-3-1 MA10 Foreman of Streets 19,219.20 24,044.80 28,849.60 ~ Foreman, Solid Waste - 1,601.60 2,003.73 2,404.13 Residential 739.20 924.80 1,109.60 MA30 Foreman, Warehouse 9.24 11.56 13.87 ~ Municipal Court Clerk Supv. ~0 CustOmer Service Supervisor B-3-2 MB10 Foreman, Wstwtr T~ut Plant 21,216.00 26,520.00 31,824.00 Operations 1,768.00 2,210.00 2,652.00 MB15 Foreman, Wstwtr TLLmt Plant 816.00 1,020.00 1,224.00 Maintenance 10.20 12.75 15.30 MB20 Foreman, Water Plant Maintenance ~ Foreman, Water Prod. Maintenance ~ Fiel~ Services Foreman ~ Foreman, Solid Waste - Commercial ~ Foreman, Parks ~ Foreman, Vehicle Maintenance ~ Chief Cashier ~-~ Foreman, Mater ~Repair ~ Foreman, Water/Sewer Field Services MB65 For~an, Electric Dist.* 23,337.60 29,182.40 35,006.40 ~ For~an, Metering/Subst.* 1,945.99 2,431.86 2,917.20 ~ Foreman, Electric Prod. Oper.* 897.60 1,122.40 1,346.40 ~ Foreman, Electric Maintenance* 11.22 14.03 16.83 C-4-1 MC10 Office Autematton Supv. 23,420.80 29,265.60 35,131.20 ~ Animal Control Supervisor 1,951.73 2,438.80 2,927.60 ~ Airport Manager 900.80 1,125.60 1,351.20 11.26 14.07 16.89 C-4-2 MD10 Engineering Tech. Supv. 25,833.60 32,302.40 38,771.20 ~ For~an, Traffic 2,152.80 2,691.86 3,230.93 ~ Foreman, Elec. Prod. Maint.+ 993.60 1,242.40 1,491.20 ~ Foreman, Elec. Prod. Oper.+ 12.42 15.53 18.64 4125P/p. 1 071687:0850 MAN~/SU~VISION PAY PLAN - FY 86/87 EFFECTIVE JANUARY 1~ 1987 REVISED AS P~ CITY COt~CIL RESOLUTION ADOPTED JULY 21~ 1987 JOB FAMILY - M JOB NUMB~TITLE MINIMUM MIDPOINT MAXIMUM C-4-3 ME10 Supt., Water Production 28,516.80 35,651.20 42,785.60 ~ Supt., Wastewater Trtmt 2,376.40 2,970.93 3,565.46 ~ Supt., Water/sower Dist. 1,096.80 1,371.20 1,645.60 ~ Supt., Solid Waste 13.71 17.14 20.57 ~ Supt., Streets ~ Supt., Vehicle Maint. ~"/U Supt., Building Operations MES0 Supt., Elect. Dist.* 31,366.40 39,228.80 47,070.40 ~ Supt., Metering/Subet.* 2,613.86 3,269.06 3,922.53 1,206.40 1,508.80 1,810.40 15.08 18 86 22.63 C-5-1 MF10 Supt., Parks Maintenance 31,470.40 39,353.60 47,216.00 ~ Building Official 2,622.53 3,279 46 3,934.66 M~JU Purchasing Agent 1,210 40 1,513.60 1,816.00 ~ Custcmer Service Manager 15.13 18.92 22.70 ~ Fire Marshall C-5-2 MG10 Supt., Electric Prod. 34,736.00 43,430 40 52,104.00 ~ Supt., Leisure Services 2,894.66 3,619.20 4,342.00 1,336.00 1,670.40 2,004.00 16.70 20 88 25.05 *Survey data indicates the need for a t~nporary market pay differential for these Jobs (+10%). This pay differential will be subject to anr~lal review. +Incumbents serving as acting division supervisor with 5% premiun pay. 4125P/p.2 071687.0855 CITY of DENTON DENTON, TEXA6 76201 MEMORANDUM TO Betty McKean, Executive Director Municipal Services FROM. Thomas W. Klinck, Director Person~l/~mployee Relations DATE July 17, 1987 SUBJECT City Council Agenda Item - Managenent/Supervision Pay Plan Overhaul This memo mm~narizes the events leading to and the re(~mendattons related to the Management/Supervision Pay Plan Overhaul. In 1978, the City adopted Arthur Young, Inc's proposal to ~mpl~nent the point factor Job evaluation system. This evaluation system categorized classified positions in five different Job fanilies which include Service/Maintenance, Office/sup~port, Technical/Paraprofessional, Professional, and Management/Supervision. The reccmmended standard for Job evaluation progrem review is every 5 years. Bowever, we have not been able to afford such a massive undertaking since system was established 9 years ago. Fiscal year 1986/87 was no exception. Yet, recognizing the growing need to address pertinent compensation issues (such as compression, Fair Labor Standards Act (FLSA), and market analysis), we elected in 1986 to present the City Council a rec~m~endation to overhaul one pay plan - Management/Supervision. This job f~mtly was selected as the focal group because its needs, as a whole, were most pressing. For example, this was the group that suffered negative impact f-rcm the FLSA ruling since their gross wages (which were already compressed against their subordinates' wages) frequently fell below their subordinates who brought h~ne overtime wages the supervzsors were not eligible to receive. The City Council also recognized the need to address these compensation concerns ~ agreed to fund, in the 1986/87 budget, a complete review of the Management/Supervision pay plan. Pay Plan Study Page Two In October 1986, we mailed Requests for Proposal to twelve (12) consulting organizations specializing in cGnpensation management As a result, in January 1987, we retained Arthur Yc~ng, Inc. to cGnplete the Management/ Supervision pay plan review. The Study Arthur Young employed the following methods and documents to ccmplete the review. 1. Meetings with Executive Staff members 2. Position Information Questionnaires completed by the incumbents of positions verified by supervising managers 3. Job interviews with ink, bents and supervisors 4. Telephone interviews 5. Follow-up conversations with supervisors and inc~nbents 6. Survey data acquired from area municipalities and local businesses/organizations w~th benct~nark positions In June 1987, they completed their review and submitted a final report for the City's consideration. This report outlines their study approach, identifies areas for improvement, and re( ....... ends an approach to correct deftczenctes. Briefly, Arthur Young identified the following areas for improvement 1. Need for more than 5 levels of 0obs on the Msnagement / supervision plan 2. Need to mak~ factor definitions clearer and more distinct 3. Need to separate market conditions frem the evaluation process. This does not suggest market conditions are not pertinent to pay determination, but it does suggest these practices should be implemented independently 4. Need to de-emphasize the artificial job qualifications as a pr~ary method of establishing wage rates in the Job evaluation process 5. Need to significantly reduce the r~mber of positions included in the annual salary surveys (This can only be sddressed with a complete classification system study) 6. Need to establish pay philosophies for pay groups 7. Need to correct pay compression problems especially as they relate to first line supervzsors Recommendations To address these concerns, Arthur Young has recGm~ended the City do the following. 1. Adopt the Decision Band Method (DBM) of Job evaluation for the Management/Supervision job family. DBM ~ould replace point factor sob evaluation for this group Pay Plan Study Page Three 2. Analyze actual salaries of position incumbents instead of minimum salaries in future salary surveys 3. Place more em~hasts on selected private industry data relative to the Management/Supervision Pay Plan to determine and improve the Czty's competitiveness within the local market. Future city pay surveys should include selected regional utilities and local employers, as well as area municipalities. These combined markets comprise the "composite" market 4. Consider establishin8 temporary market-based or "shado~f' ranges for selected positions Shadow ranges would allow pay differentials for selected positions based on market analysis. See pages 6-7 of the report for more detail. Selected positions include. Foremen - Electric Utilities Superintendent - Metering and Substations Superintendent - Electric Distribution 5. Establish a pay philosophy to be competitive at the 50th percentile of the "c~nposite" market based on the actualsalaries paid within the market Along with these recce~,endations, Arthur Young suggested 1. Guidelines fmr determining individual incumbents' positions in the recc~mended pay ranges 2. ~dministrative procedures for job evaluation and ongoing maintenance of the Management/Supervision pay plan Cost of Implementation We have reviewed Arthur Young's report and now bring forth their reccem%endation for Council approval. However, as you know, financial constraints will force us to conservatively apply these reoam,endations. Therefore, we suggest the following implementation strategy 1. The effective date for progran implementation be January 1, 1987 2. Retroactive to Jaruary 1, 1987, incumbents ' rates that are below the new minJaum ranges (6 employees) be adjusted to the new minimum rate and their performance review date become January 1, 1988 and annually thereafter Pay Plan Study Page Four 3. Incumbents who were at the top of the old range Jamary 1, 1987 (28 employees), would be eligible for up to a 5% increase retroactive to January 1, 1987, and their new review date become January 1, 1988, and annually thereafter. (This would apply only to incumbents whose performance merits the increase and will be determined using criteria in the current performance review progrem.) 4. Review dates for all other ino~nbents remain the sane 5. "Guidelines for Determining Positions in the Salary Range" (E~hibit J of Arthur Young's Final Report) will be ~mplemented only as it relates to initial hiring decisions as they relate to pay. Assuming the adoption of these reoam~endations, we have completed an analysis of costs to ~mplement the adjusted pay plan program. These costs are detailed below: Annual Cost for Implementation MARK~ 1986/87 1987/88 1988/89 Gen Fund Other Funds Gert Fund Other Funds Cen Fund Other Funds ~U~I~ $12,652 $25,/:/:/~ $21,485 $41,492 $31,019 $52,811 ~ $38,096 $62,977 $83,830 Annual Cost for Implementation with Benefits MARKgT 1986/87 1987/88 1988/89 S . . rED Gen Fund Other Funds Gen Fund Other Funds Gen Fund Other Funds ODMPOSITE $14,905 $29,975 $25,401 $49,055 $36,673 $62,438 TOTAL ~4,880 $74,456 $99,111 We have allocated $26,300 in the general fund for first year ~mplementation, and there are adequate funds to cover general fund implementation costs. The majority of costs are in Utility and other fond positions. The excess tmplehentation costs over that budgeted will be absored thrcugh salary savings in Utility and otbmr fund aeccunts. Pay Plan Study Page 5 The successful completion of this project was only made possible with the contimaous cooperation of inc~mbents, involved Departments (Utilities, Finance, Public Works, Data Processing, Fire, and Parks and Recreation), and the support of the ~eoative Cc~ntttee and City Council. Their participation is certainly appreciated. Arthur Yoang's final report is attached. Please contact me should you have questions or concerns. 1095z 071687 0540 CITY OF DENTON MANAGEMENT/SUPERVISION PAY PLAN REVIEW FINAL REPORT July 14, 1987 TABLE OF CONTENTS I. Introduction and Study Approach ............... 1 II. Recommended Improvements For The Job Evaluation/ Pay Determination Systems ...................... 3 III. Study Findings and Survey Results ................. 6 EXHIBITS A. Proposed Job Structure ................... 10 B. Results of Survey of Area Municipalities ,.. 11 C. Supplemental ElectrIcal UtIlities Compensation Information ........................... 13 D. Supplemental Local Private Industry Compensation Information ........................ 14 E. Comparison of City of Denton Pay Levels to Survey Participants' Pay Levels and Salary Range MIdpoints .................. 15 F. Market Payllne Comparisons ........ 17 G. Proposed Salary Ranges - Graphic ........... 19 H. Proposed Salary Ranges .................. 21 I. Implementation Costs ........................ 23 J. Guzdelines for Poslt~on W~thxn Salary Ranges ..... 27 Attachment 1 - Job Evaluation Methodology and Procedures I. INTRODUCTION AND STUDY APPROACH Introduction Arthur Young was retained by the City of Denton in January 1987 to (1) evaluate the jobs in its management/supervision pay plan, (2) to assist the City with determining approprzate pay for these positions, and (3) to identify and recommend improvements An the City's Job evaluation and pay determination processes. This report presents a summary of our findings and recommendations, and provides a basis for use by the City ~n determining ~ts pay philosophy. Study ~pproach - Job Evaluation To initiate the study, we reviewed ~nformatlon regarding each departmental function and met with top management personnel to d~scuss their concerns about the City's present pay systems. We then distributed and reviewed completed posztlon analys~s ques- tionnaires from all incumbents in the plan and conducted follow- up interviews with incumbents representative of all jobs During these interviews, we gathered ~nformatlon pertinent to two job evaluation methodologies, the Decision Band Method (DBM®) and the C~ty's current point-factor system. Based upon th~s information, we revised the existing Job descrlptzons and provided these to ~upervisors for their review, comment, and approval After obtaining approval of the revised Job descriptions, we evaluated the management/supervision Jobs on a preliminary basis uslng the City's current point-factor system, and compared the City's current evaluations against the results of our own evaluations using the City's point-factor system as well as those using DBM. While we found reasonably comparable results between the systems, we identified potential ~mprovements to the existzng ~ystem which are summarized in Section II of th~s report. We -1- reviewed these potential improvements with management personnel and concluded that the improvements could be more effectively implemented using DBM rather than by modifying the City's existing point-factor system. Based on management's declslon to utlllze DBM for the management/supervision pay plan with eventual expansion to other pay plans, we completed our 0ob evaluations using DBM to develop the proposed job structure provided ~n this report Study Approach - Pay Determination Concurrent with our job evaluation activities, we reviewed the City's present salary administration practices to identify poten- tial improvements in pay determination procedures. Recommended improvements are summarized in Section III of this report. We conducted a telephone survey to update and supplement the City's most recent survey of management/supervision positions among comparable municipalities within the region. In addition, we gathered and analyzed supplemental information from local utilities as well as published and nonpubl~shed survey data available to the City and Arthur Young. Subsequently, we · denttfied poslt~ons in the plan which were comparable to those in private industry and obtained compensation information, where available, on those positions from selected companies in the Denton area. We analyzed the survey data in comparison to the City's existing pay practices to develop the pay curves, comparisons, competitive salary ranges, and related recommendations included in thzs report As a final study activity, we conducted a series of formal train- lng sessions for selected City management personnel ~n the use of DBM in evaluating City Jobs in the ongoing administration of the pay plan. -2- II. RECOMMENDED IMPROVEMENTS FOR THE JOB EVALUATION/ PaY DETERMINATION SYSTEMS Based on our review, we identified the following areas for im- provement in the City's Job evaluation and pay determznation practices. Job Evaluation · There appears to be the need for more than four or five distinct levels among jobs in the management/ supervision job family, since these jobs cover a broad span of the City's entire work force. The City's current factor definitions are somewhat vague, and contain certain overlap between factors which may make distinctions among jobs difficult Vague statements in the factor section of the job descriptIons invite "manipulation" of the system through subtle or "minor" changes in these state- ments which may not substantially alter job con- tent. · Since implementation of the City's job evaluation system, market conditions have necessitated ~hat certain portions be "administratively" reclassified to allow the City to hire and retain qualified personnel. · Minimum job qualifications do not appear to be consistent across departmental lines (for compar- able Jobs). Since point-factor systems place strong emphasis on job qualifications In the evaluation process, inaccurate job qualifications standards can result in the potential for biased job evaluations. Pay Determination · The City's periodic salary survey procedures have become somewhat cumbersome. The C~ty presently determines pay using five separate pay curves, one for each Job family. Because the City conducts surveys involving 38 pay ranges and five separate Job families, the large number of benchmark positions required to establish pay tends to place -3- an administrative burden on the City and on survey participants. · Certain positions in the plan, particularly first- line supervisors, are experiencing pay compression problems Modification to the existing point-factor system could address many of the issues Identified above Moreover, we believe the Decision Band Method, if implemented Citywide, would provide for the following znherent advantages: · Comparable evaluation results with the capabzl~ty to make finer distinctions where needed among the broad range of City jobs. · More reliable evaluation ~n that DBM focuses pri- marily on work content while ~ncorporatlng the City's current factors into the evaluation process with less emphasis on minimum job qualifications · Less chance for "manipulation" of job evaluation results through avoiding nonjob content related factors. Streamlined administration procedures through the use of one pay line rather than five. · Ability to use a single pay philosophy throughout the City. · Fewer salary ranges in total (probably no more than 27 rather than the current 38). · Fewer survey benchmark posit~ons needed to estab- lish the pay line, resulting in better cooperation from survey participants and reduced administrative burden on City personnel. · Reduced salary compression because all jobs are assigned to salary ranges under one job structure (i.e., "Job families" are elIminated) · Through the use of common salary ranges, greater ease in establishing salaries upon promotion from one job family to another. · Ability to more objectively distinguish the worth of Jobs in one family from those of another family. -4- · Market pay considerations can be determined in- dependent of the evaluation process · The system can be readily adapted to executive positions, if desired. -5- III. STUDY FINDINGS AND SURVEY RESULTS Our study findings and survey results are presented in the accompanying exhibits. Exhibit A contains the proposed job evaluation results using the Decision Band Method of job evaluation. Exhlbzt.B contains the results of the compensation survey among area municipalities including responses from the cities of Irving, Carrollton, Farmer's Branch, Richardson, Fort Worth, Plano, Mesquite and Lewtsville. (Comparison of the survey results to City of Denton pay levels are presented in Exhibit E.) Based upon the survey results, actual salaries for the benchmark positions surveyed at the City of Denton ranged from 18.3% below market to 22.54 above market, but overall averaged less than 14 below the average actual salaries of other c~ties in the survey. Previous surveys conducted by the C~ty ~ndicated a greater dlfference because the surveys focused on comparisons of salary range minimums rather than c mparisons of actual salaries pazd by the other cities surveyed. While targeting salary range minimums may have been appropriate when the City's existing pay plan was implemented because City pay levels were substantially below market levels, the City has made s~gnifzcant progress s~nce that t~me. We recommend that, in future surveys, the C~ty include analyzing actual salaries of position incumbents as a more appropriate measure of market competitiveness. The supplemental electric utilities compensation ~nformat~on, summarized ~n Exhibit C, indicates the potential need for market differential pay for the Electric Utility Foreman pos~tzon as well for the Superintendents of Electric D~str~but~on and Metering/Substations. The salaries of Electric Utility Foreman · ncumbents are generally at the top of the existing range. Wh~le current actual salary levels for these positioas are comparable to market averages, the market data would ~ndicate the need for more flexibility in pay for these pos~tzons (~.e., the potential -6- for increase beyond the existin~ range maximums). Based on this fact, we recommend the City consider establishing temporary market-based, or "shadow" ranges for use wlth these positions and that these market ranges be monitored annually and adjusted separately from the overall pay structure (but only as long as the market differential continues to exist). Establishing market ranges for selected positions has the advantages of (1) improving the City's ability to attract/ retain qualified personnel for positions for which there is a market scarcity, (2) allowlng for upward movement beyond existing range maximums when warranted by employee performance, and (3) provid- ing flexibility to address salary compression problems, where warranted. Potential disadvantages include (1) increased administrative burden in monitorIng such ranges, and (2) perceived inegultles by other City employees. In considering establishment of such ranges it should be noted that the inability to recruit or retain qualified personnel for these positions is generally an effective measure of the need for market ranges or market pay differentials If the City is not experiencing significant turnover or difficulty zn recrul[ment due to pay, market differential pay may not be required or deszred. In addition to updating the City's previous compensation survey information for the management/supervision Job family, we supplemented the survey results by means of a telephone survey of private industry as well as additional published survey informa- tion, where available. Of the companies contacted in the tele- phone survey, many elected not to participate, and thus fewer job matches were obtained than would normally be deszred Based on the limited survey results (Exhibit D) pay ranges for the partic- ipating companies are somewhat higher than those at the City of Denton for management/supervision jobs However, we recommend that future Czty surveys place more emphasis on selected private industry data relative to the management/supervision pay plan to determine and improve the City's competitiveness wlthln the local -7- market. Exhibit E contains a comparison of current City Job levels to those of survey participants. Similar comparisons are depicted graphically in Exhibit F. As a result of our review of the survey information, we developed alternative competitive pay ranges based on the weighted average actual salaries of (1) the municipal survey participants' in- formation, and (2) all available (composite) survey information for use with the management/supervision pay plan. These salary ranges, shown in Exhibits G (p. 1 and 2) and H (p. 1 and 2) should allow the City to maintain and improve its present com- petitive posture. Exhibit G depicts the proposed pay ranges graphically and Exhibit H shows the proposed ranges numerically, including range minimum, midpoints, and maximums We have in- cluded market based ranges for potential use in the Electric Utility Foreman, Superintendent of Electric Distribution, and Superintendent of Metering/Substations positions. As discussed, these temporary market or "shadow" ranges may be used for as long as market data and recruitment or turnover difficulties indicate the need for a pay differential for these positions. The estimated costs to implement the proposed ranges for the fiscal year 1987 are shown in Exhibit I. The estimates include the costs to adjust pay levels of those employees who fall below minimums of the proposed ranges as well as costs to adjust salaries above maximums of the City's current pay ranges (assum- ing 5% annual pay increases). Cost estimates do not include the cost for any additional adjustments in individual pay levels which may be desired. However, in each of the proposed salary structures, position incumbents' present salaries fall lower on the average compared to the midpoint than in the City's existing ranges as is indicated in Exhibit E (columns 5 and 6). Accordingly, these ranges will provide greater flexibIlity in resolving individual pay and pay compression problems over t~me. In each of the above exhibits (Exhibit G~ H and I) we have shown two alternative pay structures -- one based on structuring the -8- City's pay ranges to be competitive wzth salaries paid by area municipalities for comparable positions and the other based on structuring the City's pay ranges to be competitive w~th the com- posite average salaries of all survey data identified in our study as representative of the markets in which the C~ty competes for personnel (~ncluding area municipalities, local employers, and local and regional utilities) We recommend that, within budgeting constraints, the City establzsh a pay philosophy to be as competitive as possible within these ldentzf~ed markets (pref- erably the composite market). Specifically, we recommend that the City strive to be competitive at the 50th percentile of the composite market based on actual salaries pa~d w~th~n that mar- ket. The proposed salary ranges shown in Exhibits G (p 2)~ H (p. 2) and I (p. 3 and 4) are set to be competitive at that level (the composite market). Accordingly, we recommend that future City pay surveys ~nclude actual salary level information from selected regional utilities and local employers, as well as area municipalities, to enable the City to monitor tho~e market seg- ments and maintain competitive pay ranges w~th~n its budgetary constraints. We feel it is particularly important to expand the market segments previously included ~n C~ty pay surveys in v~ew of the progress made by the City since ~ts in~tlal pay study. Exhibit J provides guidelines for determining lndlvzdual ~ncum- bents' posit~on in the recommended pay ranges. The ~nformat~on should provide an additional bas~s from whzch to determine the C~ty's competitzve pay philosophy for the management/supervzs~on group. These guidelines are intended to be used for (1) ~nltlal hzr~ng decisions w~th respect to pay, and (2) zn~t~al pay adjust- ments, if any, related to the ~mplementation of the revised management/supervision pay plan. Attachment 1 - Job Evaluation Methodolo$¥ and Procedures contains a brief description of the methodology used to develop the pro- posed job structure contained ~n Exhibit A as well as recommended administrative procedures for 0ob evaluation and the ongoing maintenance of the management/supervision pay plan. -9- Exhibit A CITY OF DENTON PROPOSED JOB STRUCTURE Band/Grade/ Subgrade Position Title (Salary Levels) Decision Levels Superintendent of Electric Production C52 Process (C) SuperIntendent of Leisure Services Supervisory (C5) Superintendent of Parks Maintenance C51 Building Official Purchasing Agent Customer Service Manager Fire Marshal Superintendent of Electric Distribution* C43 Superintendent of Metering/Substations* SuperIntendent of Water Production Superintendent of Wastewater Treatment SuperIntendent of Water/Sewer Distribution Superintendent of Solid Waste Superintendent of Streets Superintendent of Vehicle Maintenance Superintendent of Building Operations Engineering Technician Supervisor C42 Traffic Foreman Office Automation Supervisor C41 Animal Control Supervisor Airport Manager Foreman of Electric Distribut~on* B32 Operational (B) Foreman of Metering/Substations* Supervisory (B3) Foreman of Electric Production Operations*+ Foreman of Electric Maintenance*+ Foreman of Wastewater Treatment Plant Maintenance Foreman of Wastewater Treatment Plant Operations Foreman of Water Plant Maintenance Foreman of Water Production Operations Field Services Foreman Foreman of Sol~d Waste - Commercial Foreman of Parks Foreman of Vehicle Maintenance Chief Cashier Meter Repair Foreman Foreman of Water/Sewer Field Services Foreman of Streets Foreman of Sol~d Waste - Residential Warehouse Foreman Customer Service Supervisor Municipal Court Clerk Supervisor *Survey market data indIcates the need for an upward market pay differential adjustment for these jobs +One position incumbent is currently designated as acting supervisor and paid at C42 salary level -10- Exhibit B p. 2 CITY OF DENTON DESCRIPTION OF COLUMN HEADINGS Column Description (1)-(3) Annual Pay Range - The minimum, midpoint, and maximum of annual pay ranges were reported by participants for the survey pos~t~ons These ranges were then averaged to develop those presented in Columns 1 to 3 (4)-(5) Averase Annual Base Salaries - Average annual base salaries paid to current incumbents of the survey position~. In addition to average base salaries, median salaries are also presented, since the figures are not ~nfluenced by extremes ~n data reported (1.e., extremely h~gh or low salaries). (6) Weighted Average Salaries -Information in thxs column represents the average base pay levels for Job incumbents "weighted" by the number of incum- bents in the Jobs surveyed. This measure of current pay gives more emphasxs to those organizations employing a larger number of incumbents in the jobs surveyed. (7) City of Denton Annual Salaries - The current annual base salary paid to the present incumbent(s) xn the survey position at C~ty of Denton For multi- incumbent positions, current average annual salaries are shown. (8) Averase Number of Incumbents - Informatxon in thxs column indicates the average number of incumbents in the survey position among survey participants (9) Number of Job Matches Information zn thzs column indicates the number of organizations w~th a position comparable to the survey pos~t~on at Cxty of Denton. -12- O ¢~q~qx~ Exhibit D CITY OF DENTON SUPPLEMENTAL LOCAL PRIVATE INDUSTRY COMPENSATION INFORMATION Band/ Grade/ Averase Actual Annual Salary Number of Subsrade Position Title Market (1) Denton Job Matches C51 Purchasing Agent $40,210 $39,541 2 B32 Office Automation Supervisor (formerly Word Processing - SupervIsor) 29,582 21,133(2) 2 B21 Warehouse Foreman 20,940 18,866 i (I) Based on data gathered by telephone survey as of February 15, 1987. (2) Under the proposed job evaluation hierarchy, this position would be evaluated at the C41 for which the proposed pay range is more competitive with the market than the current pay range. -14- ~ ~q~qx~ Exhibit E p. 2 CITY OF DENTON DESCRIPTION OF COLUMN HEADINGS Column Description (1) The current annual base salary paid to the present incumbent(s) in the survey position at the City of Denton as of February 15, 1987. For multi-Incum- bent positions, average annual salaries are shown (2) The percent column 1 is above (or below) the average actual base salary level of survey participants (from Exhibit B, column 4.) (3) The percent column 1 is above (or below) the weighted average actual salary level of survey participants (from Exhibit B, column 6) (4) The percent column 1 is above (or below) the mid- point of the City of Denton's existing pay range for the position. (5) The percent column 1 is above (or below) the midpoint of the proposed pay range based on the area municipalities' pay curve (6) The percent column 1 is above (or below) the midpoint of the proposed pay range based on the composite market pay curve -16- (Thoueonde) I [ d ,:*[ I r(I t ttx~t I (.puosnoql) n -181 -19- (spuosnoq.L) -20- Exhibit H pl CITY OF DENTON PROPOSED SALARY RANGES Alternative 1 Band/ Based on Grade/ Area Municipalities' Pay Curve Sub~rade Minimum Midpoint, Maximum C-5-2 $34,862 $43,577 $52,292 C-5-1 31,126 38,908 46,690 C-4-3 27,791 34,739 41,687 C-4-2 24,814 31,017 37,220 C-4-1 22,155 27,694 33,233 B-3-2 19,782 24,727 29,672 B-3-1 17,662 22,078 26,494 Proposed Market-Based, Or "Shadow" Ranges Electric Utilities Posit~ons Mznimum Midpoint, Maximum Superintendent, Electric D~strlbutton (C-4-3) $30,570 $38,213 $45,856 Superintendent, Metering/ Substations (C-4-3) 30,570 38,213 45,856 Foreman, Electric Utilities (B-3-2) 21,760 27,200 32,639 -21- Exh~bzt H p2 CITY OF DENTON PROPOSED SALARY RANGES Alternative 2 Band/ Grade/ Based on Composite Market Pay Curve Sub, fade Mxnimum, M~dpo~nt Maximum C-5-2 $34,746 $43,433 $52,119 C-5-1 31,485 39,357 47,228 C-4-3 28,531 35,663 42,796 C-4-2 25,853 32,317 38,780 C-4-1 23,427 29,284 35,141 B-3-2 21,229 26,536 31,843 B-3-1 19,236 24,045 28,855 Proposed Market-Based, or "Shadow" Ranges Electric Utilities Positions M~n~mum Midpoint,, Maximum Superintendent, Electric D~strlbution (C-4-3) $31,384 $39,230 $47,076 Superintendent, Metering/ Substations (C-4-3) 31,384 39,230 47,076 Foreman, Electric Utilities (B-3-2) 23,352 29,190 35,027 -22- Exhibit I p 1 -23- Exhibit I p 2 Exhibit I p 3 I :'"' .... ' ........ '~"~ .......... -25- Exhibit I p 4 : o o -20- Exhibit J GUIDELINES FOR DETERMINING POSITION IN THE SALARY RANGE Normal Percentage Quartile Status of Grade Midpoint 1st Newly h~red or promoted employee 80% (or up to with l~mited experience (meetzng 90% on an ex- the minimum qualifications for ceptlon bas~s) the position), or incumbent of a reevaluated Job, or newly assigned to the pay range; or marginal performer 2nd Qualified new hire (or promoted em- Up to 100% ployee) with significant experience clearly exceeding minimum quallflca- tions~ or fully satisfactory or competent performer with experIence significantly exceeding minimum qualifications 3rd Superior to exceptional performer, Up to 110% or fully qualified to perform all aspects of the job with minimal superv~sion and substantial on-the- Job experience 4th Outstanding individual whose per- Up to 120% formance would rarely be exceeded (in comparison to others at the same pay grade) or exceptional qualifications and experience to meet the h~ghest Job requirements -27- AND PHOCEDUH~ES Attachment 1 JOB EVALUATION METHODOLOGY AND PROCEDURES The basic concept underlying Decision Band TM Method of job evaluation (DBM) is that the value of a job to an organization is directly related to the decision making requirements of that job Ail positxons, regardless of their organizational level, require the incumbent to make decIsions in carrying out job duties and responsibilities. Because decision making is the primary, if not the only factor common to all jobs, it ~s an appropriate criterion to determine the relative value of each Job to the organization. A brief overview of the methodology is presented below, followed by a descrlptzon of how the method was used at the City and recommended procedures for monitoring and maintaining the resulting pay plan. (A detailed description of the methodology is contained ~n the Job Analyst Manual previously provided to City personnel.) A. THE DECISION BAND METHOD The Decisxon Band theory recognizes six distinct levels of decision making. These levels range from the most far reaching decisions on organization policy to the simplest decisions (such as how fast to sweep a floor). These SlX levels, known as "Decision Bands," apply universally and cover the entire spectrum of decisions that can be made in any organization. The six bands form a continuum, each (except the top band) being a derivative of the next hzgher band. The six bands are described briefly below Band F - Policy Decisions Typically, decisions made by Band F people are those that determine the overall direction and scope of the organlza- A-1 tion and what the specific goals will be. Band F jobs are considered to be at the executive, board, or City council level. Band E - Prosrammin$ Decisions Individuals in Band E jobs are responsible for program design and strategic planning to meet the organizational objectives determined at Band F. They also determine what resources will be needed, such as capital expenditures, facilities and manpower. Band E jobs are normally considered to be senior management. Band D - Interpretive Decisions Individuals in Band D jobs interpret the plans set forth ~n Band E and establish the basis for putting programs ~nto motion. They determine what must be done and what specxflc resources will be utilized to translate the plans into operational schedules. This may include deciding what actual processes and materials will be used in the opera- tlons. Jobs at this level are normally middle management. Band C Process Decisions Band C employees are responsible for the specific processes to be used in carrying out programs and supervising the recurring activities in an organization They determine how the work is to be done and provide leadership to sub- ordinates regarding the techniques to be used ~n completing the tasks. Jobs at this level are normally second level supervisors as well as technical specialists in a variety of fields. A-2 Band B - Operational Decisions Employees in this category work within the established methods and guidelines as directed by Band C employees Band B employees should have the necessary experIence to make a decision If an operational deviation is needed to complete a task. Jobs at this level are normally con- sidered to be first level supervisors or positions at the "skilled" or "journey" level. Band A - Defined Decisions Band A employees work at specifically defined tasks within known time schedules. Jobs in th~s category are generally considered to be "semiskilled" and "entry" level The decisions made in the upper three Bands (D, E, F) are "adaptive" decislons~ having to do with adapting the organi- zation to new circumstances and are also regarded as "plan- ning'' decisions. In the lower three Bands (A, B, C) the de- cisions are "instrumental" decisions. They have to do with the actual carrying out of decisions made at Band D and above. The Decisions Bands are divided into two grades, the upper grade denoting that the incumbent is responsible for super- vising and directing other positions in that band. Further differentiation within grades is determln~d through a sub- grading process, still using factors related to decision making as the criteria. Exhibit 1 on the page A-4 shows the basic decision structure under DBM. B. IN. ITIAL DEVELOPMENT OF THE JOB STRUCTURE (HIERARCHY) In the initial development of the job structure (hierarchy) Exhibit 1 THE DECISION STRUCTURE* B&od Grade Subgrade POLICY 10 Noncoordlnaclng 2 Decisloos that determine 1 the soope, dlrecgion sod overall goals of the PROGP~tMMING 9 Coordinating 2 1 Decisions that result in 8 Noncoordlnatlng 3 progrzms to achieve the 2 objectives established at I Band F D INTERPRETIVE 7 Coordinating 2 6 Noncoordinating 3 Decisions t~at translate 2 st Rand E into operational C PROCESS $ Coordinating 2 Decisions concerned with 4 Noncoordina~ing the selection of a process 3 for accomplishing the wore 2 1 B OPERATIONAL 3 Coordinating 2 1 Decisions oo t~e carrying 2 Noncoordlnating out of the operations of 3 the selected process 2 I A DEFINED 1 Noncoordlnat£ng 3 2 Decisions on the manner 1 and speed of performing the elements of an operatioo *Management/Supervision jobs were evaluated zn Bands C and B A-4 for the management/supervisions job family, position informa- tion questionnaires were used as part of the job analys~s to solicit information from City employees. Each employee provided the following lnformatzon ~n completing the questionnaire · Name · Current official t~tle/Job classification · Work unit to which assigned · Primary work location · Name and title of supervisor · Title/class and number of subordinate positions · A listing of the major tasks performed and an estimate of the percentage of time spent on each responsibility task · An indication of the importance and frequency of the various tasks performed · Responsibilities and authority of the incumbent · Critical skills and knowledge required to perform the job · Working conditions · Contacts · Work products or results of the employee's work effort · Any ~dditional comments regarding the position or the organization The immedIate supervisor of the responding employee sub- sequently reviewed the completed questionnaire to verify the accuracy of the statements made by the respondents. The supervisors indicated which, ~f any, statements were ~n- accurate and why. A-5 Upon receipt of the completed questionnaires, job descrip- tions were developed to reflect the duties of single or multi-incumbent positions. The process used to develop the job descriptions is outlined in the City's Job Analyst Manual. Once job descriptions were approved, each individual 3ob description was evaluated (graded) using the Decision Band Method of job evaluation. The evaluation process consisted of a task by task review of each job description Each task was assigned to the appropriate decision band with the highest level task determining the band for the job. After all Jobs were "banded," they were "graded." Grading consists of determining whether incumbents supervise and direct the work of others within the same decision band. As shown in Exhibit 1, jobs that coordinate others of the same band should be placed into a "coordinating" grade, while the remainder should be graded as "noncoordlnatlng." Finally, all Jobs within the same band and grade were "subgraded" based on defined criteria such as Job complexity and task occurrence. Also considered were time pressures, need for alertness, need for care and precision, and essential skills and knowledge. C. RECOMMENDED PROCEDURES Because the Band of the job is based on the highest banded task performed by an incumbent, the Personnel Department should continue to review each of the individual job descrip- tions to determine whether the task mix is appropriate for the position. For example, there are several positions which were banded at a specific level because one or two tasks were at a higher level than the other tasks being performed There were also several positions which regularly perform tasks at levels significantly below the overall band of their position. Based on management's review, those tasks which are deemed to be inappropriate for a given position should be deleted and reassigned to a more appropriate position. Affected jobs should then be reevaluated to determine whether the correct bands, grades, and subgrades have been assigned The grade for the position is based on the supervisory rela- tionship relative to other positions at the same band In the management/supervision job family, there are positions which directly supervise other positions within the same baIld. In some cases, the supervision involves only one or two positions which have resulted in the job being placed in the higher "coordinating" grade. Along with the "task mix" issue previously discussed, management and the Personnel Department should review the internal reporting relationships for these positions to determine whether the reporting relationships are Indeed appropriate. D. MONITORING AND MAINTENANCE PLAN To avoid deterioration of the job evaluation and compensation plan it must be monitored and maintained. Th~s is a slgn~fl- cant task and normally warrants the assignment of a single person, usually a Personnel Analyst who has been fully trained in the system methodology, to be responsible for system maintenance. There are three circumstances which can affect the validity of the plan. They are · Creation of new Jobs · Formal job restructuring · Evolutionary changes within the organization Each of these circumstances ~s addressed below. A-7 1. NEW JOBS When a new job is established, it should be analyzed, described, and graded as quickly as practical The basic steps are as follows (1) The supervisor of the new job should complete a formal request for classification, a pos~- tion ~nformatzon questionnaire, and a proposed job description (2) The Personnel Analyst should review the com- pleted questionnaire and relevant data such as the organization chart and posit~on descrip- tions for related Jobs, meet with the super- v~sor to clarify job content lnformatzon and, if appropriate, develop a revised job descrip- tion or ~dent~fy an ex~sting description that reflects the dutles to be performed (3) The revlsed/proposed job description should then be reviewed with the supervzsor to obtain his or her agreement with the description (4) The Personnel Analyst should then carry out the initial banding, grading, and subgrad~ng of the Job. 2. RESTRUCTURING OF EXISTING JOBS When a existing job ~s restructured, the D~rector initiating the change should ~dent~fy the tasks on the current job description that are to be deleted or changed, as well as any new tasks to be added to the job. If tasks are being added, deleted, or changed on a given job description, the descriptions for all other jobs affected by the change(s) should also be reviewed so as to preclude ~nappropr~ate and unnecessary duplication of job responsibilities and the resulting "grade dr~ft." Steps (1) through (4) above should then be completed for the restructured job. A-8 3. ANNUAL REVIEW OF JOB DESCRIPTIONS As a further safeguard to ensure continued completeness and accuracy, each Job description should be reviewed annually by the incumbent and the immediate super- visor. This review could occur at the same time as the annual performance appraisal or could be scheduled by the department during the year. Any revised job descriptions should be submitted to the Personnel Analyst responsible for plan maintenance. If the new or revised task(s) will, in the opinion of the Personnel Analyst, alter the band, grade, or subgrade of the job, the Job description should be reevaluated ac- cordingly. The Personnel Director should review changes that have occurred throughout the year to ensure con- sistency within the City's classIfication structure. Resulting recommendations of the Personnel D~rector may be appealed by the Department D~rector. Recommended procedures for classification appeals are described below. 4. INITIATION OF REQUESTS FOR CLASSIFICATION APPEALS The City has selected, on a prelimInary bas~s, potential members of the Appeals Committee, and ~rthur Young consultants conducted a series of training sessions in the DBM methodology for the selected individuals. Position classif~cation appeals must be submitted in writing to the Personnel Department and the Appeals Committee. Written appeals should include the following information. (1) A copy of the current job description and/or the completed position information question- A-9 naire (with changes/additions listed, if appropriate). (2) A statement or description of the reasons or bas~s for the appeal prepared by the position incumbent and/or the zmmedzate supervisor. (3) A written response or statement of concurrence by the appropriate Department Dxrector (or second level supervisor to the poslt~on) including the reasons for concurrence (4) Any related supporting documentation. To be reviewed by the Appeals Committee, reclassification must include the approval at the Director level. 5. APPEALS COMMITTEE ROLE The Committee will review, assess, and adjudicate all approved written appeals Appeals w~ll be reviewed at scheduled meetings. In adjudication of appeals, at least four of the s~x Committee members must agree to affirm a reclassification by banding, grading, and subgrad~ng the Job description. Written classification appeals requests may be ac- companied by oral presentations, but such presentations shall not take the place of written appeals. Informa- tion provided ~n the oral presentatzon shall be limited to clarification of information submitted in the original request. For this purpose, a Department representative should present the appeal but may not be present during Committee deliberations to hand, grade and subgrade the job. The Committee may reband the position or leave the position at its current band~ng After the appeal, no further appeals or presentations will be heard on the same position Tot a period of twelve months. A-10 6. APPEALS COMMITTEE PROCEDURES A representative of the Personnel Department shall serve as the Committee Chair with responsibility for conduct- ing and facilitating Committee meetings, ensuring that procedures are followed, and recording the results of Committee decisions. Additional members of the Per- sonnel Department may serve as staff to the Committee in providing and Interpreting related documentation. The following procedures should be observed · Individual members of the Committee shall not be present for final adjudication on appeals for positions within their organizational work units or under their direct or indirect supervision, but may be present during preliminary discus- sions. · If no significant new information is provided on an appealed position by the appealing party, then no changes in the original recommendations of the Personnel Department decision should be made by the Appeals Committee · Generally, appeals should not result in a change of more than one or two subgrades for the job in question. · The purpose of the appeal process is to provide clarification of job content and related infor- mation contained in the approved job description and, if appropriate, to revise the evaluation of the position. 7. THE HEARING PROCESS The Appeals Committee hearing process shall include the following steps' · The Appeals Committee shall review the written appeal and supporting documentation, including the supervisor's written opinion, prior to hearing the oral presentation, (if any) and reevaluating the position. A-il · After reviewing the documentation, the Committee may~ if requested by the appealing party, hear an oral presentation by the posit~on ~ncumbent, the supervisor, or the incumbent's designated representative. Generally, oral presentations shall not exceed approximately 15 minutes followed by a brief period for questions from Committee members. · The appealing party or representative will not be present during Committee deliberatIons following the oral presentation. · During Committee deliberations, the Appeals Committee may band, grade, and subgrade the job based on the additional information provided during the appeal, using the same methodology used during the original grading process, to arrive at a revised Job evaluation, or may choose to leave the in~tial grading result un- changed. Decisions will be regarded as final. 8. COMPENSATION ADMINISTRATION The result of the processes of job evaluation, salary structure review, and survey of the market is the ultimate assignment of the pos~t~ons to grades in the salary structure. The ranking of the positions de- termined by the Decision BandTM Method of job evaluation is the s~gnificant factor affecting the assignment of positions to the salary ranges. All positions within a given subgrade are assigned to the same salary range within the structure. Market forces and existing levels of compensation determine the compensation value. Once the jobs are allocated to the appropriate salary range, individual positions should be placed at the appropriate level within the range. Following are the guidelines for use by the City in determining the new compensatzon levels for current employees. · Employees who currently are compensated below the minimum of the recommended salary range for A-12 their classification should be increased to the minimum of the new range · Employees who are currently compensated at a level within the range should remain at that level unless an initial pay adjustment is warranted as described below. Any increase to individual salaries within a range should be a result of the performance evaluation review process. · Starting salaries, or ~nltlal salary adjust- ments, for new employees should be dependent on the individual's qualifications and experience relative to incumbents within the same class and the expected level of performance We recommend the City adopt the salary ranges similar to those ~n Exhibit H and the guidelines for their use described in Exhibit J Actual pay range and salary adjustment amounts should be adjusted annually based on market data and budget considera- tions. Individual employees' progression through the ranges should be based upon performance reviews using procedures similar to those currently in use for these positions within the City's existing compensation program. A-13 Next Document 1881L RESOLUTION NO.~ A RESOLUTION SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES' SECTION I. That on the ~day of ~, 1987, at 7:00 o~clock P. M. in the C11y Council Cha~f~ of the Municipal Building of the City of Denton, Texas, the City Council will hold a publlc hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described in Exhibit "A" attached hereto and incorporated by reference herein. That on the ~ay of ~~__, 1987, at 5.15 o'clock P.M. in the City Council Chambers~the Municipal Bulld~ng of the Clty of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described in Exhibit "A" attached hereto and incorporated by reference herezn. SECTION II. The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such public hearings to be published once in a newspaper having general circulation ~n the City and ~n the territory described in Exhibit "A" not more than twenty days nor less than ten days prior to the date of such public hearings, all ~n accordance with the Municipal Annexation Act (Article 970a, Vernon's Texas Civil Statutes). SECTION III. ThlS resolution shall be in full force and effect immediately following its ~age and/~,~,..'~appr°val' PASSED AND APPROVED this the-- __ day of~.~~, 1987. ATTEST: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BXHIBIT "A" ALL that certain lot, tract or parcel of land lyxng and being situated in the County of Denton, State of Texas, and being part of the J. Early survey, Abst. No. 1279, and part of the Moreau Forrest survey, Abst. No. 417, and also being part of a tract of land as conveyed from D. O. Jones and Shirley Jean Jones Carter to Dan Christie, Don Curtis, and Bob Houser by deed dated March 13, 1985 and recorded in Volume 1724, Page 84 of the Deed Records of Denton County, Texas, and more particularly described as follows BEGINNING at a point lying in the present city limits, said present city limits established by Ordinance No. 65-43, Tract 1, said point also lying in the south right-of-way line of the Texas ~ Pacific Railroad, and the west boundary line of said M. Forrest survey, same being the east boundary line of said J. Early survey, THENCE North along said present city limits and said survey lines, passing at 53.90 feet, more or less, the centerllne of sa~d T ~ P. R. R. continuing for a total distance of 107.80 feet to a point lying in the north right-of-way line of said T ~ P. R. R., same being the south right-of-way line of a northeast-southwest public road known as Mlngo Road for corner; THENCE north 0° 21'17" east along the east boundary line of said J. Early survey, same being the west boundary line of said M Forrest survey, passing at 64.85 feet the north right-of-way line of said Mlngo Road, continuing and along the centerllne of a north-south public road known as Cooper Creek Road, a distance of 785.87 feet to an iron pin, same being the northwest corner of said M. Forrest survey, said point also lying at an ell corner of said Cooper Creek Road THENCE north 89o 1S' 12" east along the north boundary line of said M. Forrest survey, same being the centerllne of the east-west portion of said Cooper Creek Road, passing the intersection of the centerllne of said Cooper Creek Road and the centerllne of an east-west county road, continuing and along the centerllne of said county road a distance of 575.1 feet to an iron pin for corner, THENCE south 2° 26' east, passing at 19.83 feet the northeast corner of said tract, same being a fence corner post, continuing along the northerly east boundary line of said tract, a total distance of 260.55 feet to the easterly southeast corner of said tract; THENCE south 73° 58' $5" west along the northerly southeast boundary line of said tract, a d~stance of 160 94 feet to an inner ell corner of said tract; A-47 THENCE south 02° 35' 35" east along the westerly east boundary line of said tract a distance of 244 03 feet to the westerly southeast corner of saxd tract, same being the north r~ght-of-way line of sa~d Mlngo Road; THENCE south 21° 56' 12" east, passing at 60.0 feet the south r~ght-of-way lzne of sa~d M~ngo Road, same being the North right- of-way line of said T. ~ ?. R. R., passing at 110.0 feet the centerltne of said railroad, contanu~ng for a total d~stance of 160.0 feet to a point lyzng in the south right-of-way lxne of sa~d railroad for corner, THENCE south 68° 03' 48" west along the south right-of-way l~ne of sazd T. & P. R. R., a d~stance of 546.67 feet to the Place of Begxnning and containing 9.2154 acres of land, more or less. A-47 1881L NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT The City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of said City to add the territory described in Exhibit "A", attached hereto and ~ncorporated by reference herein, to the corporate l~m~ts of the City of Denton. A Public Hearing will be held by ~zb~fore th~p~C~ty Council of the City of Denton, Texas, on the/~ day of~~__, 1987, at 7:00 o'clock P. M. ~n the Ci%y Council Chamb~Pfs- of the Municipal Building of the City of Denton, Texas, for all persons ~nterested in the above proposed annexation. At sa~d t~me and place all such persons shall have the right to appear and be heard. Of all sa~d matters and things, all persons interested ~n the things and matters herein mentioned, will take notice. A Public Hearing will be held by aD~e~ore th~w-~lty ~o~ncll of the C~ty of Denton, Texas,~nt~%~___yT~Co~ ~fc~~ 1987, at 5:15 o'clock P. M. 1 MUnlc~pal Building of the C~ty of Denton, Texas, for all persons interested in the above proposed annexation. At said t~me and place all such persons shall have the r~ght to appear and be heard. Of all said matters and things, all persons ~nterested in the things and matters here~n mentioned, w~ll take not~ce. ATTEST: A-47 EXHIBIT "A" ALL that certain lot, tract or parcel of land lying and being situated in the County o£ Denton, State of Texas, and being part of the J. Early survey, Abst. No. 1279, and part of the Moreau Forres,t survey, Abst. No. 417, and also being part of a tract of land ms conveyed from D. O. Jones and Shirley Jean Jones Catter to Dan Christie, Don Curtis, and Bob Houser by deed dated March 13, 1985 and recorded in Volume 1724, Page 84 of the Deed Records of Denton County, Texas, and more particularly described as follows. BEGINNING at a point lying in the present city limits, said present city limits established by Ordinance No 65-45, Tract 1, said point also lying in the south right-of-way line of the Texas ~ Pacific Railroad, and the west boundary line of said M. Forrest surveM, same being the east boundary line of said J Early survey, THENC~ North along said present city limits and said survey lines, passing at 55.90 feet, more or less, the centerllne of said T ~ P. R. R. continuing for a total distance of 107.80 feet to a point lying in the north right-of-way line of said T. ~ P R. R., same being the south right-of-way line of a northeast-southwest public road known as Mlngo Road for corner, THENCE north 0° 21'17" east along the east boundary line of said J. Early survey, same being the west boundary line of said M. Forrest survey, passing at 64.85 feet the north right-of-way line of said Mlngo Road, continuing and along the centerllne of a north-south public road known as Cooper Creek Road, a distance of 785.87 feet to an iron pin, same being the northwest corner of said M. Forrest survey, said point also lying at an ell corner of said Cooper Creek Road THENCE north 89° 1S' 12" east along the north boundary line of said M. Forrest survey, same being the centerllne of the east-west portion of said Cooper Creek Road, passing the intersection of the centerllne of said Cooper Creek Road and the centerllne of an east-west county road, continuing and along the centerllne of said county road a distance of 575 1 feet to an iron pin for corner, THENCE south 2° 26' east, passing at 19.83 feet the northeast corner of said tract, same being a fence corner post, continuing along the northerly east boundary line of said tract, a total distance of 260.S5 feet to the easterly southeast corner of said tract, THENCE south 73° 58' $5" west along the northerly southeast boundary line of said tract, a distance of 160 94 feet to an inner ell corner of said tract; A-47 1908L RESO .UT O A RESOLUTION AUTHORIZING APPLICATION TO THE RAILROAD COMMISSION FOR T~E CITY OF DENTON TO BECOME A PART OF THE FORT WORTH COMMERCIAL ZONE AND THE DALLAS COMMERCIAL ZONE, AND DECLARING AN EFFECTIVE DATE. WHEREAS, there exists a commercial relationship and inter- dependence between the City of Denton and the Dallas/Ft Worth Metroplex; and WHEREAS, citizens of the City of Denton, at this time, need and would be benefited by the increased availability of prompt motor cartage services and other shipping services to and from the City of Denton and the unincorporated areas adjacent thereto and commercially a part thereof; and WHEREAS, the City is eligible to be designated part of the Dallas commercial zone and the Fort Worth commercial zone by the Railroad Commission of the State of Texas, which will serve to permit such increased service; and WHEREAS, being designated part of such commercial zones would enhance commercial interaction between Denton and other Metroplex communities; and WHEREAS, unrestricted transportation of goods will permit the citizens of Denton to enjoy the same price elasticity with regard to cartage services that is enjoyed by other Metroplex citizens throughout the Metroplex, and WHEREAS, the inclusion of Denton in the Dallas/Ft Worth commercial zone would result ~n more flexible and competitive transportation carrier services; and WHEREAS, service establishments have developed ~n the Denton area which regularly ~nteract with wholesalers, distributors, and supply houses located in the Metroplex, and WHEREAS, up to 60% of the adult labor force and student population represented in the Denton area commute either to or from other cities in the existing Dallas/Ft Worth zone; and WHEREAS, the addition of Denton to the Dallas/Ft Worth commercial zone would dramatically enhance the C~ty's ability to attract new bus~ness and ~ndustry and would serve to improve the local economy; and WHEREAS, such designation may be obtained upon application of the City of Denton and a presentation of appropriate evidence and testimony by the c~tizens of the City of Denton at a hearing to be conducted by the Railroad CommissIon of the State of Texas; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the Clty of Denton hereby proceed to apply to the Railroad Commission of the State of Texas to have the C~ty of Denton and the unincorporated area adjacent thereto and commercially a part thereof designated as part of the Dallas commercial zone and as part of the Fort Worth commercial zone by the Railroad CommissIon of the State of Texas. SECTION II. That thzs resolution shall become effective ~mmed~ately upon its passage and approval. PASSED AND APPROVED this the /~'~day of ~, 1987. ATTEST: J~IFER~Af. TERS, CITY SECRET APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY PAGE 2 1891L RESOLUTION NO.~~_~ A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL ASSISTANCE AGREEMENT FOR LAW ENFORCEMENT IN DENTON COUNTY AND DECLARING AN EFFECTIVE DATE. WHEREAS, the County of Denton and various municipalities within the County have entered into an lnterlocal assistance agreement for purposes of forming a mutual aid law enforcement task f~rce to cooperate in the investigation of criminal act~vlty, cop~es of sa~d agreements being attached hereto, and WHEREAS, the C~ty of Denton wishes to enter into such an agreement to promote more effective law enforcement in Denton County; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the City Manager is hereby authorized to execute the attached agreement, a copy of which is attached hereto and ,ncorporated by reference herein, to be effective until September 1, 1988, unless, pursuant to Section XXI of said agreement, the City should exercise its authority to terminate upon an earlier date. SECTION II. That this resolution shall become effective immediately upon ~ts passage and apprgval. PASSED AND APPROVED this the/f~'~day of"; ~ ~ 1987. ATTEST: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY DENTON COUNTY LAW ENFORCEMENT INTERLOCAL ASSISTANCE AGREEMENT ! WHEREAS, pursuant to the powers granted under Article XI, Sectlo% 5, of the Texas Constitution, and under Article 4413 (32c) ~nd Article 999b, Texas Revised Civil Sta~ut~ Annotated, Denton County, Texas, municipalities of Denton~AT~xa~desire to form a mutual axd law enforcement task force to cooperate in the ln~estigation of criminal activity and enforcement of the laws o this state, and to provide additional law enforcement offlce~s to protect health, life and property against riot, unlawful assembly accompanied Dy the use of force and violence, and du~lng times of natural disaster or man-made calamity; NoW, therefore, it is mutually agreed by the parties that: I. Th~ following terms shall have the following meanings when used 1~ this agreement: (al) "law enforcement officer" means any policeman, sheriff, constable or deputy constable, marshal, or deputy sheriff; (b "police personnel# means any sworn police officer, public service officer, reserve police officer, sheriff, deputy sheriff, constable, deputy constable, or marshal; (4)"member" means s Denton County or any municipality which is a party to this agreement; "municipality" means any city or town, including home rule city or a city operating under the general law or a special charter; (~) "chief law enforcement officer" means the chief of police of a municipality, the sheriff of a county; ( ) "chief administrative officer" means the mayor or city manager of a municipality or the county Judge of a county. II. T]~e members agree to ~orm and by thxs agreement do form a mutual aid law enforcement task force, to be known as the Dento~ County Law Enforcement Task Force. (the "Task Force"). III. The purpose of the Task Force is to cooperate in the lnvestigat~on of criminal activity and enforcement of the laws of this state, and to assist in provld~ng additional law enforcement officers to protect health, lxfe and property against riot, unlawful assembly characterized by the use of force and violence, and during times of natural d~sasters or man-made calamity. IV. A member (the "responding member") w~ll assxgn xts law enforcement officers to perform law enforcement duties outside the responding member's territorial l~mlts when: A. requested by the chief law enforcement officer, or h~s designee, of another member (the "requesting member") and; B. the chief law enforcement officer, or his designee, as the responding member has determined, in his sole discretion, that the assignment is necessary for the · nvestlgatlon of criminal activity and for law enforcement. V. A responding member will assign ~ts law enforcement officers to perform law enforcement duties outside the responding member's territorial l~m~ts when: A. requested by the chief sdmln~strative officer, or his designee, of another member (the "requesting member") and B. the chief law enforcement officer, or his designee, of the responding member, in his sole dzscretxon, has determined that the assignment is necessary to protect the health, lxfe and property to the requesting county or municipality, its Inhabitants, and the visitors thereto, by reason of riot, unlawful assembly characterized by the use of force and violence, or threat thereof, by three or more persons acting together or without lawful authority, or during time of natural d~saster or man-made calamity. VI A responding member will assign polxce personnel to perform polxce protection and detention services outside the responding member's territorial limits when: A. requested by the chxef law enforcement officer, or his designee, of the requestxng member, and B. the chxef law enforcement officer or hxs designee, of the responding member has determined, xn his sole discretion, that the assxgnment ~s necessary to the providing of police protectxon and detention services within the territorxal 11mits of the requesting member VII. Any request for aid under this agreement shall xnclude a statement of the amount and type of equipment and number of personnel requested, and shall specify the locatxon to which the equipment and personnel are to be dxspatched, but the amount and type of equipment and number of personnel to be furnlBhed shall be determined by the responding member's chief law enforcement officer or hxs designee. VIII. Polxce personnel of the responding member shall report to the requesting member's officer xn tactical control at the location to which they have been assigned, and shall be under the command of the requesting member's chief law enforcement officer. IX. Polxce personnel of the responding member w~11 be released by the requesting member when their servxces are no longer required. X. The chief law enforcement officer of the responding member, or h~s designee, ~n his sole dxscretxon, at any txme may withdraw his personnel or equipment or dxscontinue part~cipation in any activity ~nit~ated pursuant to this agreement. XI. While any law enforcement officer regularly employed as such by a responding member is in the service of the requesting member, he shall be a peace officer of the requesting member and be under the command of the requesting member's chief law enforcement officer, with all the powers of a regular law enforcement off,car of the requesting member, as fully as though he were within the terr~torlal l~m~ts of the governmental entity where he is regularly employed, and h~s quahfication, respectively, for off,ce where regularly employed shall constitute h~s quallf~cat~ons for off,ce within the territorial limits of the requesting member, and no other oath, bond, or compensation need be made. XII. Each party to this agreement expressly waives the right granted by Article 999b, Section 5, Texas Revised C~vll Statutes Annotated to request reimbursement for services performed under this agreement. XIII. Any law enforcement off,car or other person who is assigned, designated, or ordered by the chief law enforcement off,car of the member which regularly employs h~m to perform police or peace duties pursuant to this agreement, shall receive the same wage, salary, pension, and all other compensation and all other rights for such service, lnclud~ng ln]ury or death benefits, and workers' compensation benefits, the same as though the service had been rendered w~thln the limits of the member where he is regularly employed. Moreover, all wage and d~sabll~ty payments, ~ncludlng workers' compensation benefits, pension payments, damage to equipment and clothing, medical expenses and expenses of travel, food, and lodging shall be paid by the member which regularly employs such persons. XIV In the event that any person performing law enforcement, police protection or detention services pursuant to this agreement shall be cited as a party to any civil lawsuit, state or federal, arising out of the performance of those services, he shall be entitled to the same benefxts that he would be entitled to receive if such civil action had armsen out of the performance of his duties as a member of the department where he ms regularly employed and in the ]urmsdmctlon of the member by which he is regularly employed. XV. Each party to this agreement expressly waxves all clalms against every other party for compensation for any loss, damage, personal injury, or death occurrmng as a consequence of the performance of this agreement. XVI. Third party claims against members shall be governed by the Texas Tort Claims Act or other appropriate statutes, ordinances or laws of the State of Texas. XVII. It is expressly understood and agreed that, in the execution of this agreement, no party waives, nor shall be deemed hereby to waive, any immunmty or defense that would otherwise be available to it against claims armsxng mn the exercise of governmental powers and functions. ](VIII. Each party to thms agreement agrees that xf legal actmon ~s brought under thms agreement, exclusive venue shall 1me mn the county in which the defendant member ms located, and mf located ~n more than one county, in the county mn whmch the principal offxces of the defendant member are located. XIX. The validmty of this agreement and of any of its terms or provisions, as well as the rmghts and dutmes of the parties hereunder, shall be governed by the laws of the State of Texas. XX. In case any one or more of the provmsmons contained mn thms agreement shall for any reason be held to be lnvalmd, illegal, or unenforceable in any respect, such ~nvalldxty, mllegallty, or unenforceabillty shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable prov~slon had never been contained herein. XXI. Any party to this agreement may terminate this agreement by glvlng thirty (30) days written not~ce mailed by certifle~ ma~l to the chief law enforcement officer of each party XXII. This agreement shall become effective on the day following execution of the agreement by all parties, an~ shall continue · n effect until it has been terminated according to the agreement. XXIII. This agreement may he amended or modified by the mutual agreement of the parties hereto in writing to be attache~ to sn~ incorporated into this agreement. This instrument contains all commitments and agreements of the parties, and ors1 or written commitments not containe~ herein shall have no force or effect to alter any term or condition of this agreement. XXV. This agreement shall be executed by the duly authorlze~ official(s) of the party as expressed ~n the approving resolution or order of the governing of such party, a copy of which is attsche~ hereto, and this agreement shall remain in effect until rescinded by resolution or or,er of such governing bo~y and notice of that action is transmitte~ ~n writing to all other parties to this agreement. XXVI. The parties agree that their collective agreement may be evidenced by the execution of an identical counterpart of this Instrument by the duly authorize~ officer(s) of each part~cipant, and the failure of any member to enter into this agreement shall not affect the agreement between an~ among the parties executing the agreement. Dated and effective as of the /~'~day of _~~, 1987. ATTEST CITY OF DENTON CI~ S E~R;TARY APPROVED AS TO FORM: CITY ATTORN~.Y ~ - DENTON COUNTY LAW ENFORCEMENT iNTBRLOCA~. ASSISTANCE AGREEMENT WHEREAS, pursuant to the powers ~ranted under Article XI, Section 5, of the Texas Constitution, and under Article 4413($2e) and Article 999b, Texas Revised Civil Statutes Annotated, Denton County, Texas, municipalities of Denton, Texas desire to form a mutual sad law enforcement task force to cooperate in the investigation of erimtnal activity and enforcement of the laws of the state, and to provide additional law enforcement officers to protect health, l~fe and p~operty agsanst riot, unlawful assembly accompanied by the use of .ce and l violence, and during times of natural disaster and man-made calamity: Now, therefore, it is mutually aL~reed by the parties that I. TheI following terms shall have the following meanings when used in this agreement · (a) ~law enforcement officer~ means any policeman, sheriff, constable or deputy constable, marshall, or deputy sheriff~ (b) ~police personnel~ means any sworn police officer, public service officer, reserve police officer, sheriff, deputy sheriff, constable, deputy constable, or marshsa~ (c) ~tmember~ means a Denton County or any municipality which is a party to this agreement~ (d)i t*munic'ipsatty: means any city or town, including home rule city ! or a city operating under the general law or a special eharter~ (e) ~chief law enforcement officer~ means the chief of police of a muni- cipality, the sheriff of a county, (f) . ~chtef administrative officer~ means the mayor or city manager of a municipality or the county judge of a county. II. The members agree to form and by this a~eement do form a mutual aid law enforcement task force, to be known as the Denton County Law Enforce- ment Task Force. (the "Task Foree~). III. The purpose of the Task Force is to cooperate in the investigation of criminal activity and enforcement of the laws of this state, and to assist in providing additional law enforcement officers to protect health, life and property against riot~ unlawful assembly characterized by the use of force and violence, ~ ~ during 'times of natural disasters or man-made calamity IV. A member (the "responding member") will assign its law enforcement 'officers to perform law enforcement duties outside the responding member*s territorial limits when. A.Requested by the chief law enforcement officer, or his desg~nee, or other member (the"requesting member") and, B. the chief law enforcement officer, or his designee, as the responding member has determined, in his sole discretion, that the assignment is necessary for the investigation of criminal activity and for law enforcement. V. A responding member will assign its law enforcement officers to perform law enforcement duties outside the responding member's territorial limits when A. requested by the chief administrative officer, or his designee, or another member (the "requesting member'*) and B. the chief law enforcement officer, or his designee, of the responding ' member, in his sole discretion, has determined that the assignment is neeessa~r to protect the health, life and property to the requesting county or municipality, its inhabitants, and the visitors thereto, by reason of riot, unlawful assembly characterized by the use of force and violence, or threat thereof, by three or more per- sons acting together or without lawful authority, or durin~ time of natural disaster or man-made calamity. VI. A responding member will a~saign police personnel to perform police pro- tection and detention services outside the responding member's territorial limits .,.~en A. requested by the chief law enforcement officer, or desgtnee, of the requesting member, and B the chief law enforcement officer or his designee, of the responding member has determined, in his sole discretion, that the assignment is necessary to the providing of police protection and detention services within the territorial limits of the requesting member VII Any request for aid under this agreement shall include a statement of the amount and type of equipment and number of personnel requested, and shall specify the location to which the equipment and personnel are to be dis- patched, but the amount and type of equipment and number of personnel to be furnished shall be determined by the responding member's chief law enforce- ment officer or his designee VIII. Police personnel of the responding member shall report to the requesting member's officer in tactical control at the location to which they have been assigned, and shall be under the command of the requesting meber's chief law enforcement officer. IX. Police ]personnel of the responding member will be released by the requesting member wheA their services are no longer required. X. The chief law enforcement officer of the responding member, or his designee, in his sole discretion, at any time may withdraw his personnel or equipment or discontinue participation in any activity initiated pursuant to this agreement. XI. While ,any law enforcement officer regularly employed as such by a re- spending m~mber is in the service of the requesting member, he shall be a p~ace officer of the requesting member and be under the command of the requesting member's chief law enforcement officer, with all the powers of a regular law · enforcement officer of the requesting member, as fully as though he were within the tem'itorial limits of the governmental entity where he is regularly employed, and his qualifleation, ~espectively, for office where regularly employed shall constitute his qualifications for office within the territorial limits of the requesting imember, and no other oath, bond, or compensation need be made. XII. Bach[ party to this agreement expressly waives the right granted by Article 999~, Section 5, Texas Revised Civil Statutes Annotated to request reimbursement for services performed under this agreement XIII. Any ,law enforcement officer or other person who is assigned, designated, or ordered by the chief law enforcement officer of the member which regularly employs h~m to perform police or peace duties pursuant to this agreement, shall recei~,e the same wage, sala~'y, pension, and all other compensation and all other rights for such service, including injury or death benefits, and workers' compensat$on benefits, the same as though the service had been rendered agreement, exclusive venue shall lie in the county in which the defendant member is located, and if located in more than one county, in the county in which the princ~pai offices of the defendant member are located. XIX. The validity of this agreement and of its terms or p~oviaions, as well as the rights and duties of the parties hereunder, shall be governed by' the laws of the StaSe of Texas. XX. In case any one or more of the p~ovisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any rcupect, such invalidity, illegality, or unenforceablility shall not affect any other provtaioni thereof and this agreement shall be construed as if such invalid, illegal, or unenforcoable provision had never been contained herein. XXI. Any party to this agreement may terminate this agreement by giving thirty (30) days written notice mailed by certified mail to the chief law enforce- ment officer o~ each party. XXII. This agreement shall become effective on the day following execution of the the agr~emetn by all parties, and shall continue in effect until it has been terminated according to the agreement. XXIIIo This agreement may be amended or modified by the mutual agreement of the parties .hereto in writing to be attached to and incorporated into this agreement ; , XXIV. This instrument contains all commitments and agreements of the parties, and oral or wldtten commitments not contained herein shall have no force or to alter any term or condition of this agreement. XXV. This agreement shall be executed by the duly authorized official(s) of the party as eXpressed in the approving resolution or order of the governing of such party, a copy of which is attached hereto, and this agreement,shall remain in effect until rescinded by resolution or order of such governing body and notice of that action is transmitted in writing to all other parties to this agreement. XXVI. The parties agree that their collective agreement may be e~ldeneed by the execution of an identical counterpart of this instrument by the duly authorized officer(s) of e'ach pa~-ticipant, and the failure of any member to enter into th'is agreement shall not affect the agreement between and among the parties executing the ~agreement. Dated atld effective this the 23rd day of February, 1987. MOUND Mayor ATTEST Approved as~ to form and legality' ~Own Attorney INTERT,OCA~, ASSISTANCE AGREEMENT WHEREAS, pursuant to the powers granted under Article Section 5, of the Texas Constitution, and under Article 4413 (32c) and Article 999b, Texas Revised Civil Statutes Annotated, Denton County, Texas, municipalities of Denton, Texas desire to form a mutual aid law enforcement task force to cooperate in the investigation of criminal activity and enforcement of the laws of this state, and to provide additional law enforcement officers to protect health, life and property against riot, unlawful assembly accompanied by the use of force and violence, and during times of natural disaster or man-made calamity, Now, therefore, it is mutually agreed by the parties that: I. The following terms shall have the following meanings when used in th~s agreement: (a) "law enforcement officer' means any pollcemsn, sherlff, constable or deputy constable, marshal, or deputy sheriff; (h) "police personnel' means shy sworn police officer, public service officer, reserve police officer, sheriff, deputy sheriff, constable, deputy constable, or marshal; (c) ,,member~ means a Denton County or any municipality which is a party to this agreement; (d) "municipality' means any oity or town, ~nclud~ng home rule city or a city operstin~ under the general law or a special charter; (e) #chief law enforcement officer' means the chief of police of a municipality, the sheriff of a county~ (f) "chief admin%strative officer" means the mayor or city manager of a municipality or the county ]udge of a cou.nty. II. The members agree to form a~d by th~s agreement do form a mutual a~d law enforcement task force, to be known as the Denton County Law Bnforcement Task Force (the 'Task Force"). J The purpose of the Task Force is to cooperate in the investigation of criminal activity and enforcement of the laws of this stare, and to assist in providing additional law enforcement'officers to protect health, life and property against riot, unlawful assembly characterized by the use of force and violence, and during times of natural disasters or man-made calamity. IV. A member (the -responding member') will assign its law enforcement officers to perform law enforcement duties outside the respond~ing member's territorial limits when: A. requested by the chief law enforcement officer, o~ h~s designee, of another member (the #requesting member') and; 5. the chief law enforcement officer, or his designee, as the responding member has determined, in his sole discretion, that the assignment is necessary for the investigation of criminal activity and for law enforcement. V. A resBonding member will assi{n its law enforcement officers to perform law enforcement duties outside the responding member's territorial limits when: A. requested by the chief administrative officer, or his designee, of another member (the -requesting member') and B. the chief law enforcement officer, or his designee, of the responding member, in his sole discretion, has determined that the assignment is necessary to protect the health, life and property to the requesting county Ur municipality, it~ inhabitants, and the visitors 'thereto, by reason of riot, unlawful assembly characterized by the use of force and violence, or threat thereof, by three or more persons acting together or without lawful authority, or during time of natural disaster or man-made calamity. VI. A respodding member will assign police personnel to perfo,rm police protection and detention services outside the responding member's territorial limits when: A. re~uested by the chief law enforcement officer, or his designee, of the requesting member, and th~ chief law enforcement officer or his designee, of the responding member has determined, in his sole discretion, that the assignment is necessary to the providing of police protection and detention services within the territorial limits of the requesting member. VII. Any request for sid under this agreement shall include,a statement o'f the amount and type of equipment and number of personnel requested, and shall speC%fY the location to which the equipment and personnel are to be dispatched, but the amount and~type of equipment and number of personnel to be furnished shall be determined by the responding member's chief law enforcement officer or his designee. VIII. Police personnel of the responding member shall report to the requesting member's officer in tactical control at the location tO which they have been sssigned, and shall be under the comman~ of the requesting member's chief law enforcement officer. IX. Polic~ personnel of the responding member will be released by the requesting member when their services are no longer required. ~ X. The chief law enforcement officer of the responding member, or his designee, in his sola~isctetion, at any time may withdraw his personnel or equipment or discontinue participaltion in any sctivity initiated pursuant to this agreement'. bile any law enforcement officer regularly employed as such by a relsponding member is in the service of the requesting member, he s,hall be a peace officer of the requesting member and be unde~ the command of the requesting member's chief law enforcement;officer, with all the powers of a regular law enforcement'officer of the requesting member, as fully as though he were within the territorial limits of the governmental entity where he is regularly employed, and his qualificati~n, respectively, for office where regularly employed shlall constitute his qualifications for office within the territorial limits of the requesting member, and no other oath, bond, or compensation need be made. , XII. Each party to this agreement e~pressly waives the right granted by,Article 999b, Section 5, Texas Revised Civil Statutes Annotated to request reimbursement for services performed under this agreement. XIIT. Any law enforcement officer Or other person who is a~signed, designated, or ordered by the chief law enforcement officer of' the member which regularly employs him to perform police or !peace duties pursuant to this agreement, shall receive t~e same wage, salary, pension, and all other compensation and all other rights for such service, including injury or.death benefits, and workers' compensation benefits, the same as though the service hsd been rendered within the limits ofithe member where he is regularly employed. Moreover, all wage and disability ps~ents, including workers' compensation benefits, pension payments, damage to equipment and clothing, medical expenses and expenses of travel, food, and lodging shall be paid by'the member which regularly employs such perslons. XIV. In the event that any person performing law enforcement, police protection or detention services pursuant to this agreement shalll be cited as a party to any civil lawsuit, state or federal, arising out of the performance of those services, he shall be entitled to the same benefits that he would be entitled to receive if such civil action had arisen out of the performance Of his duties as a member of the department where he is regularly employed and in the Jurisdiction of the member by which he is regularly employed. XV. Each party to this agreement expressly waives all claims against ever,y other party for compensation for any ~oss, damage, personal injury, or death occurring as a consequence of the performance of this agreement. XVI. , Third party claims against members shall be governed by the Texas Tort Claims Act or other sp~ropriate statutes, ordinances or laws of the State of Texas. It is expressly understood and agreed that, in the execution Of this agreement, no party waives, nor shall be deemed hereby to waive, any immunity or defense that would ot~erwise be available to it against claims arising in the exercise of governmental powers and functions. Each party to this agreement agrees that if legal action is brought under this agreement, exclusive venue shall lie in the county in which the.defendant member is located, and if located in more than one countY, in the county in which the principal offices of the defendant member are located. XIX. The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder., shall be governe~ by the laws of the State of TexaS. XX. In case any one or more of the provisions contained in this agreement shall for any reasOn be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceabilitY shall not af£ect any other provision thereof and this agreement shall he construed as ii such invalid, illegal, or unenforceable provision had never been contained herein. Any party to this agreement may terminate this agreement by giving thirty (30) days written notice mailed by certified mail to the chie~ law enforcement officer of each party. ~II. This agreement shall become etfective on the day following execution o,f the agreement by all parties, and shall continue in effect until it has been terminated according to the agreement. XXlII. This agreement may be amended'or modified by the mutual agreement Of the parties hereto in writing to be attached to and incorporated into this agreement. XXIV. This instrument contains a~ commitments and agreements of the parties, and oral or written commitments not contained h~rein shall have no force or effect to alter any term or condition,of this agreement. This agreement shall be executed by the duly authorized otficial(S) of the party as expressed in the approving resolution or order of the governing of such party, a copy of which islattached hereto, and this agreement shall remain in efiect until rescinded by resolution or order of such governing body and~nOtice of that action is transmitted in writing to all other pa~ties to this agreement. XXVI. The parties agree that.~heir collective agreement may be evidenc~d by the execution of an identical counterpart of this ~nstrument by the duly authorized officer(s) of each participant, and the failure of any member to enter into this agreement shall not affect the agreement between and amon~ the parties, executing the agreement. Dated and effective as of the _~2_--~day of ~/ ~- ,," I CITY OF ATTEST,: CZ~Y DENTON COU"TY LAW ENFORCEMENT f.?E~OCA~ ASS~S?A.¢E AS~.ENT WHERF. AS, pursuant to the powers granted under Art~cle'~'t~ .... Section '5, of the Texas Constitution, and under Article 4413 (32c) a~d Article 999b, Texas Revised Civil Statutes Annotated, Denton County, Texas, municipalities Of Denton, Texas desire to form a mutual aid law enforcement task force to cooperate in the investigation of criminal activity and enforcement of the laws of this state, and to provide additional law enforcement officers to protect health, life and property against riot, unlawful assembly sccomp&nied by the use of force and violence, and during times of natural disaster or man-made calamity; Now, therefore, it ia mutually agreed by the parties that: The following terms shall have the following meanings when used in this agreement: (a) "law enforcement officer' means any policeman, sheriff, co,stable or deputy constable, marshal, or deputy sheriff; (b) "police personnel' means any sworn police officer, public service officer, reserve police officer, sheriff, deputy sheriff, constable, deputy constable, or marshal~ (c) "member' means a Denton County or any municipality which is s party to this agreement; (d) #municipality' means any city or town, including home rule city or a city operating under the general law or a special charter; (e) "chief law enforcement officer" means the chief of police of a municipality, the sheriff of a count¥~ (f) "chief administrative officer" means the mayor or city manager of a municipality or the county ~udge of a county. II. The members agree to form and by this agreement do form a mutual aid law enforcement task force, to be known as the Denton County Law Sn~orcement Task Force. (the "Task Force"). III. The purpose of the Task Force is to cooperate in the investigation of criminal activity and enforcement of the laws of th~s state, and to assist in providing additional law enforcement officers to protect health, life and property against riot, unlawful assembly characterized by the use of fo£ce and violence, and during times of natural disasters or man-made calamity. IV. A member (the 'responding member') viii assign its law enforcement officers to perform law enforcement duties outside the responding member's territorial limits when: A. requested by the chief law enforcement officer, or his designee, of another member (the -requesting,member") and; B. the chief law enforcement officer, or his designee, as the responding member has determined, in his sole discretion, that the assignment is necessary for the investigation of criminal activity and for law enforcement. V. A responding member will assign its law enforcement officers to perform law enforcement duties outside the responding member's territorial limits when: A. requested by the chief administrative officer, or his designee, of another member (the -requesting member') and B. the chief law enforcement officer, or his designee, of the responding member, in his sole discretion, has determined that the assignment is necessary to protect the health, life and property to the requesting county or municipality, its inhabitants, and the visitors thereto, by reason of riot, unlawful assembly characteriaed by the use of £orce and violence, or threat thereo£, by three or more persons acting together or without lawful authority, or during time of natural disaster or man-made calamity. VI. A responding member will assign police personnel to perform police protection and detention services outside the responding member.'s territorial limits when~ A. requested by the chief law enforcement offzcer, or his designee, of the requesting member, and B. the chief law enforcement officer or his designee, of the responding member has determined, in his sole discretion, that the assignment is necessary to the providing of police protection and detention services within the territorial limits of the requesting member. VII. Any request for aid under this agreement shall include a statement of the amount and type of equipment and number of personnel requested, and shall specify the location to which the equipment and personnel are to be dispatched, but the amount and type of equipment and number of personnel to be furnished shall be determined by the responding member's chief law enforcement officer or his designee. VIII. POliCe personnel of the responding member shall report to the requesting member's officer in tactical control at the location to which they have been assigned, and shall be under the command of the requesting member's chief law enforcement officer. Ix. Police personnel of the responding member will be released by the requesting member when their services are no longer requited. X. The chief law enforcement officer of the responding member, or his designee, in his sole discretion, at any time may withdraw his personnel or equipment or discontinue participat~on in any activity initiated pursuant to this agreement. // XI. While any law enforcement officer regularly employed as such by a responding member is in the service of the requesting member, he shall be a peace officer of the requesting member and be under the command of the requesting member's chzef law enforcement officer, with all the powers of a regular law enforcement officer of the requesting member, as fully as though he were within the territorial limits of the 9overnmental entity where he is regularly employed, and his qualification, respectively, for office where regularly employed shall constitute his qualifications for office within the territorial limits of the requesting member, and no other oath, bond, or compensation need be made. XlI. Each party to this agreement expressly waives the right granted.byArticle 999b, Section 5, Texas Revised Civil Statutes Annotated to request reimbursement for services performed under this agreement. XlII. Any law enforcement officer or other person who is assigned, designated, or ordered by the chief law enforcement officer of the member which regularly employs him to perform police or peace duties pursuant to this agreement, shall receive the same wage, salary, pension, and all other compensation and all other rights for such service, zncluding in}ury Or death benefits, and workers' compensation benefits, the same as though the service had been rendered within the limits of the member where he is regularly employed. Noreover, all wage and disability payments, including workers' compensation benefits, pension payments, damage to equipment and clothing, medical expenses and expenses of travel, food, and lodging shall be paid by the member which regularly employs such per,sons. XIV, In the event that any person performing law enforcement, police protection or detention services pursuant to this agreement shall be cited as a party to any civil lawsuit, state or federal, arising out of the performance of those services, he sha~l be entitled to the same benefits that he would be entitled to receive if such civil action had arisen out of the performance of his duties es a member of the department where he is regularly employed and in the ~urisdiction of the member by which he is regularly employed. XV. Eagh party to this agreement expressly waives all claims against every other party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this agreement. XVI. Third party claims against members shall be governed by the Texas Tort Claims Act or other appropriate statutes, ordinances or laws of the State of Texas. It is expressly understood and agreed that, in the execution of this agreement, no party waives, nor shall be deemed hereby to waive, any immunity Or defense that would otherwise be available to it against claims arising in the exercise of governmental powers end functions. XVZII. Each party to this agreement agrees that if legal action is brought under this agreement, exclusive venue shall lie in the county in which the.defendant member is located, and if located in more than one county, in tho county in which the principal offices of the defendant member are located. XIX. The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Texas. XX. In case any one or moro of tho provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, o~ unenforcesbility shall not affect any other provision thereof and this agreement shall be construed as if such inval~d~ illegal, or unenforceable provision had never been contained herein. Any party to this agreement may terminate this agreement by giving thirty (30) days written notice mailed by certified mail to the chief law enforcement officer of each party. This agreement shall become effective on the day follow,n9 execution of the agreement by all parties, and shall continue in effect until it has been terminated according to the agreement. XXIII. This agreement may be amended or modified by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this agreement. This instrument contains all commitments and agreements of the parties, and oral or written commitments not contained herein shall have no force or effect to alter any term or condition of this agreement. XXV. This agreement Shall be executed by the duly authorized offic~al(s) of the party as expressed in the approving resolution or order of the governing of such party, a copy of which, is attached hereto, and this agreement shall remain in effect until rescinded by resolution or order of such governing body.and notice of that action is transmitted in w£itin9 to all othe~ parties to this agreement. XXVI. The parties agree that their collective agreement may be evidenced by the execution of an identical counterpart of this instrument by the duly authorized officer(s) of each participant, and the. failure o£ any member to enter into this agreement shall not affect the agreement between and among the parties executing the agreement. Dated and effective as of the 3rd day of March ,, 19 87. Approved by Lewisv~lle C~ty Council March 2, 1987. ATTEST: CITY OF Lewisv~lle CITY S~CRETARY ~e= y Harris CITY MAI~AGER Charles R. Owens APPROVED TO FORM~ CITY ATTORNEY Ronald J. Neiman / WHEREAS, pursuant to the powers qranted under ArticLe XI, Section 5, of the Texas Constltut~on, and under Article 4413 (32C) and Article 999b, Texas Revised Czvz! Statutes Annotated, Denton County, Texas, municipalities of Denton, Texas desire to form a ,mutual azd law enforcement task force to cooperate zn the lnvestlgation of criminal actlvxty and enforcement of the laws of th~s state, and to provide addztlonal law enforcement offzce~s to protect heslth, life and property against riot, unlawful assembly accompanied by the use of force and v~olence, and du=ing times of natural disaster or man-made calamzty; NoW, therefore, it is mutually agreed by the partles that: The following terms shall have the following mean%ngs when used ~n this agreement: (a) 'law enforcement officer' means any polzceman, sheriff, comstable or deputy constable, marshal, or deputy sheriff; (b) "police personnel" means any sworn pol%ce of~zcer, public service officer, reserve ,,olzce offzcer, sheriff, deputy sheriff, constable, deputy constable, or marshal; (c) "member" means a Denton County or any ,~unzczpal/ty which ~s a party to this agreement; (d) .municipality" means any city or town, ~nclud%ng home rule city Or a city operating under the general law or a special charter; (D) "chief law enforcement officer" means the chief of police of a municipality, the sheriff of a county; (f) "chief administrative officer" means the mayor or city manager of a municipality or the county ~udge of a county. II. The members agree to form and by this agreement do form a mutual aid law enforcement task force, to be known a~ the Denton County Law Enforcement Task Force. (the "Ta~k Force"). The purpose Of the Task Force is to cooperate in the ~nwestlgatzon of criminal act=v~ty and enforcement of the laws of this state, and to assist 1n prov%dlng aCd\t-onal %aw enforcement officers to protect health, l~fe and property against riot, unlawful assembly characterized by the use of force and v~olence, and durzng t~mes of natural disasters or man-made calamity. A member (the #respondlng member") wlll assign zts law enforcement officers to perform law enforcement ~ut~es outside the responding member's territorial l~mits when' A. requested by the chief law enforcement officer, or hzs designee, of another member (the "requestzng member") and; B. the chief law enforcement officer, or h~s designee, as the responding member has determlned, ~n h~s sole discretion, that the assignment zs necessary for the investigation of crimlnsl activity and ~or law enforcement. V. A responding member w~ll asszgn ~ts law enforcement officers to perform law enforcement duties outs1~e the responding member's terrltor~al llmits when' A. requested by the chief administrative off.c~, or h~s designee, of another member (the '~e~uest~ng member") and B. the chief law enforcement off%cer, or h~s dns~gnee, o~ the responding me.mbsr, 1n h~s so~e discretion, has determined that the assignment Is necessary to protect the health, life and property to the requesting county or municipality, its Inhabitants, a~d the v~s%tors thereto, by reason of riot, un!awful assembly characterized by the use of force and v%olence, or threat thereof, by three or more persons act ng together or without lawful authority, or ~ur~ng time of natural disaster or man-made calamity. VI. A respondzng member w%!l assign po!%ce personnel to perform po!~ce iprotectzon and detention services out~de the responding member's terr~toria! limits when: A. requeste~ by the chzef law enforcement officer, or his designee, of the request%ng member, and B. the chzef law enforcement officer or h~s designee, of the responding member has determined, %n his sole discretion, that the assignment zs necessary to the providing of pollce protection and detentlon services within the territorial limits of the requesting member. VII. Any request for a~d under this agreement shall %nc!u~e a statement of the amount and type of equipment and number of personnel requested, and shall specify the !ocat~on to which the equipment and personnel are to be d%spatched, but the amount and type of e~uipment and number of personne1 to be furnished shall be determined by the respondlnu member's chief law enforcement officer or his deszgnee. VIII. Police personnel of the responding member shall report to the requesting member°s officer in tact~ca! control at the locat~0n to which they have been assigned, and sha~! be under the command of the requesting member's chief !aw enforcement officer. IX. Police personnel of the respondzng member w~ll be released by the requesting member when their serwce~ a"e no 'onger required. X. The chief law enfozcement officer of the respond:nc member, or h~s deszgnee, in his sole d%scret~on, at any ~me msy withdraw his personnel or equ=pment or d~scont%nue participation in any activity initiated pursuant to %h~s agreement. XI. Wh~le ary law enforcement off%cer regularly employed as such by a respondlnc member %s in the service of the requesting member, he sha~! be a peace officer of the request_ag member and be under the command of the request~n~ member's ch%el !aw enforcement officer, with all the powers of a regular law enforcement officer of the requesting member, as fully as though he were within the territorial llmlts of the governmental entity where he is regularly em~!oyed, and qualification, respectively, for office where regularly employed shall constitute h%s qualif~cat%ons for office wlthln the territorial limits of the requesting member, and no other oath, bend, or compensation need be made. XII. Each party tO this agreement expressly waives ~he right granted by Article 999b, Section 5, Texas Revised C~v%l Statutes Annotated to request reimbursement for serv'ces performed under this agreement. XIII. · Any law enforcement officer or other person who assigned, designated, or ordered by the chief !~w e~orcement · officer of the member wh%ch regularly emplov~ h.m to perfor~ police or pea=e duties pursuant to th~s agreement, ~hall receive the same wage, salary, pension, and all other compensation and all other rights for such service, %nclud~ng injury or death benefits, and workers' compensation benefits, the same as though the service had been rendered w%th~n the limits Of the member where he is regularly emp~oye, all wage and dzsabil~ty payments, lnclu~ng workers compensation benefits, pension payments, damage to e~u~pment and clothing, medical expenses and expenses of travel, food, and lodging shall be paid by the member which regularly employs such persons. XIV. In the event that ~ny person perform%ag law enforcement, police protection or detention services pursuant to acree-ent shall be c~ted as a party to any c~v ' !awsu t, state or federal, arising out of the performance of those services, he shall be entitled to the same beneflts that he wou~d be entitled to receive zf such c:vzl actlon had arlsen out of the performance of h~s duties as a member of the department where he ~s regularly employed and zn the ~ur%sd~ct~on of the member by which he zs regularly employed. Xv. Each party to th%s agreement expressly waives all c~a,ms against every other party for compensation for any loss, damage, personal ln]ury, or death occurring as a consequence of the performance of this agreement. XVI. Third party clalms against members shall be c~overned by the Texas Tort Claims Act or other appropriate statutes, ordinances or laws of the State of Texas. XVII. It is expressly understood and agreed that, ~n the execution of th~s agreement, no party waives, nor sha!l be deemed hereby to waive, any immunity or defense that would otherwise be available to ~t against c~alms a~%s%nq ,n the exercise of governmental powers and function- XVIII. Each party to this agreement agrees that %f legal action ~s brought under thzs agreement, exclus%ve venue ~ha~! )%e %n the county in which the'defendant member ~s located, and %f located in more than one county, zn the county ~n which the principal offices of the defendant member are locate¢. XIX. The validity of this agreement and of any of ~ts terms or provisions, as well a~ the rights and dut%e~ of the ~a~ties hereunder, shall be governed by the laws o~ the Sta~e of Texas. XX. In case any one or more of the prov~sions cents%ned %n thzs agreement shall for any reason be held to be ~nval~¢, %llegal, or unenforceable in any respect, such =nva~d=ty, ~llegal~ty, or unenforce~bllzty shall not affect any othe~ Drevls'on thereof and th~s agreement shall be construed as %f such invalid, ~llegal, or unenforceable p~ov~slon had never been contained hereln. XXI. Any party to this agreement may terminate thls ~greement by giving th/rty (30) days written notice mailed by certlf~ed mall to the chief law enforcement officer of each party. XXII. This agreement shall become effective on the day following execution of the agreement by all part%es, and shall continue in effect until it has been termznated accord%ng to the agreement. XXIII. This agreement may be amended or modaf~ed by the mutual agreement of the parties hereto in writing to be attached to and ~ncorporated into th~s agreement. This instrument contains all commztments and agreements of the parties, and oral or written commltments not contained here~n shall have no force or effect to alter any term or condition of this agreement. XXV. This agreement shall be executed by the duly authorized offlcia!(s) of the party as expressed in the ap~rov%ng resolution or ordem of the governing of such ~art¥, a copy of which ~s attached hereto, and this agreement shall remain in effeot until rescinded by resolution or order o~ such oovernlng bod~and notice of that action is transmitted ~n writing to all othe~ parties to this agreement. XXVI. The parties agree that their collective agreement may be evidenced by the execution of an identical counterpart of th~s instrument by the duly authorized officer{s) of e~ch participant, and the failure of any member to enter into this agreement shall not affect the agreement between ~nd among the parties executing the agreement. F Date~ and effective as of the ~ day of ~//-~/~/L. , ~' 19_~. ~ITY SECRETARY CITY .MAYOR APPROVED TO FORM: DENTON COUNTY LAW ENFORCEMENT INTERLOCAL ASSISTANCE AGREEMenT WHEREAS, pursuant to the powers granted under Article XI, Section 5, of the Texas Constitution, and under Article 4413 {32c) and Article 999b, Texas Revised Civil Statutes Annotated, Denton C~unty, Texas, municipallties of Denton, Texas desire to form s mutual aid law enforcement task force to cooperate in the investigation of criminal activity and enforcement of the laws of this state, and to provide additional law enforcement officers to protect health, life and property against trot, unlawful assembly accompanied by the use of force and violence, and during times of natural disaster or man-made calamity; Now, therefore, it is mutually agreed by the parties that: I. The following terms shall have the following meanings when used in, this agreement= (a) "law enforcement officer' means any policeman, sheriff, constable or deputy constable, marshal, or deputy sheTiff; (b) 'police personnel# means any sworn police officer, public service officer, reserve police officer, she=iff, deputy sheriff, constable, deputy constable, or marshal~ (c) 'member' means a Denton County or any municipality which is s party to this agreement; (d) 'municipality' means any city or town, including home rule city o£ a city operating under the general law or a special (e~ "chief law enforcement officer" means the chief of police of a municipality, the sheriff of a county~ (f) "chief administrative officer" means the mayor or city manager of a municipality or the county judge of a county. II. The members agree to form and by this agreement do form a mutual aid law enforcement task forcW, to be known as the Denton County Law Enforcement Task Force. (the "Task Force"). The purpose of the Task Force is to cooperate in the ~nvestigation of criminal activity and enforcement of the laws of this state, and to assist in providing additional la~ enforcement officers to protect health, life and property against riot, unlawful assembly characterized by the use of force and violence, and during times of natural d~sasters or man-made calamitY. IV. A member (the -responding member') will assign ~ts law enforcement officers to perform law enforcement duties outside the responding member's territorial limits when: A. requested by the chief law enforcement officer, or his designee, of another member (the -requesting ~ember") and~ B. the chief law enforcement officer, or his designee, as the responding member has determined, in his sole discretion, that the assignment is necessary for the investigation of criminal activity and for law enforcement. V. A respondinq member will assign its law enforcement officers to p.erform law enforcement duties outside the responding member's territorial limits when: A. requested by the chief administrative off,car, or his designee, of another member (the -requesting member') and B. the chief law enforcement officer, or his designee, of the responding member, in his sole discretion, has determined that the assignment is necessary to protect the health, life and property to the requesting county or municipalitY, its inhabitants, and the visitors thereto, by reason of riot, unlawful assembly characterized by the use of force and violence, or threat thereof, by three or.more persons acting together or without lawful authority, or during time of natural disaster or man-made calamity. VI. A responding member will assign police personnel to perform police protection and detention services outside the responding member's territorial limits when: A. requested by the chief law enforcement officer, or his designee, of the requesting member, and B. the chief law enforcement officer or his designee, of the responding member has determined, in his sole discretion, that the assignment is necessary to the providing of police protection and detention services within the territorial limits of the requesting member. VII. Any request for aid under this agreement shall include a statement of the amount and type of equipment and number of personnel requested, and shall specify the location to which the equipment and personnel are to be dispatched, but the amount and type of equipment and number of personnel to be furnished shall be determined by the =espondlng member's chief law enforcement officer or his designee. VIII. Police personnel Of the responding member shall report to the requesting member's officer in tactical control at the location to which they have been assigned, and shall be under the command of the requesting member's chief law enforcement officer. IX. Police personnel of the responding member will be released by the requesting member when their services are no longer required. X. T~e chief law enforcement officer of the respondznq member, or his designee, in his sole discretion, at any time may withdraw his personnel or equipment or discontinue participation in any activity initiated pursuant to this agreement. XI. While any law enforcement officer regularly employed as such by a responding member is in the service of the requesting member, he shall be a peace officer of the requesting member and be under the command of the requesting member's chle~ law enforcement officer, with all the powers of a regular law enforcement officer of the requesting member, as fully as though he were within the territorial limits of the governmental entity where he is regularly employed, and his quali~ication, respectively, for office where regularly employed shall constitute his qualifications for off,ce within the territorial limits c~ the requesting member, and no other oath, bond, or compensation need be made. XII. Each party to this agreement expressly waives the rxqht granted by ArtiCle 999b, Section 5, Texas Revised Civil Statutes Annotated to request reimbursement for services performed under this agreement. XlII. Any law enforcement o~ficer or other person who ~s assigned, designated, or ordered by the chief law enforcement officer of the member which regularly employs him to perform police or peace duties pursuant to thxs agreement, shall receive the same wage, salary, pension, and all other compensation and all other rights for such service, xncludxng injury or death benefits, and workers' compensation benefits, the same as though the service had been rendered within the limits of the member where he is regularly employed. Moreover, all Wage and disability payments, including workers' compensation benefits, pension payments, damage to equipment and Clothing, medical expenses and expenses of travel, food, and lodging shall be paid by the member which regularly employs such persons. XIV. In the event that any person performing law enforcement, police protection or detention services pursuant to this agreement shall be cited as a party to any civil lawsuit, state or federal, arising out of the performance of those services, he shall be entitled to the same benefits that he would be entitle~ tO receive if such civil action had arisen out of the performance of his duties as a member of the department where he ~s regularly employed an~ in the jurisdiction of the member by which he is regularly employe~. XV. Each party to this agreement expressly waives all claims against every other party for compensation for any loss, damage, persons1 injury, or ~eath occurring as a consequence o~ the performance of this agreement. XVI. Third party claims against members shall be governed by the Texas Tort Claims Act or other appropriate statutes, ordinances or laws of the State of Texas. XVII. It is expressly understood and agreed that, in the execution of this agreement, no party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. ](VIII. Each party to this agreement agrees that if legal action is brought under this agreement, exclusive venue shall lie in the county in which the.~efen~ant member is located, and if located in more than one county, in the county in which the principal offices of the defendant member are located. XIX. The validity of this agreement and of any of its terms or provisions, as well as the rights and duties o~ the parties hereunder, shall he governed by the laws of the State of Texas. XX. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or u,nenforcesble in any respect, such invalidity, illegality, unenforceabil£tY shall not effect any other provision or - -~- a-reement shall be construed as i~ such thereOf an~ ~-~ - ._,-- ~.A never been invalid, illegal, or unenforceable prov~s~v- contained herein. XXI. Any party to this agreement may terminate th~s agreement giving thirty (30) days written notice mailed By certified mail to the chie[ law enforcement o~[icer o~ each partY. XXII. This agreement shall become effective on the day [ollo~ng execution of the agreement by all parties, and shall continue in effect until it has been terminated according to the ag reement · XXIII. This agreement may be amended or modified by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this agreement. This instrument contains all commitments an~ agreements of the parties, and oral or written commitments not contained herein shall have no force or e~fect to alter any term or condit~on of this agreement. Th~S agTeement shall be executed by the duly of~icial(s) of the party as expresse~ in the approving resolution or or,er of the governing of such party, a copy which is attache~ hereto, an~ this agreement shall remain effect until reso~n~e~ by Tesolut~on or or,er of such governing bo~y an~ not,ce of 2hat action is t~ansm~tted in writing to all other part,es tO this agreement. ~I. The parties agree that theLr collective agreement may evidenced by the execution o[ an ~dentical counterpart of th~s ~nstrument by the duly authorized offLcer(s) of each part~cipant, an~ the failure of any member to enter into th~s agreement shall not affect the agreement between and among the parties executing the agreement. Dated and efiective as of the I~T~ day of FeBRu~Rw.~ , ?7,. '. ATTES~: CITY OF CITY SECRETARY CITY MAYOR APPROVED TO FORM: CITY ATTORNEY Next Document 1943L RESOLUTION A RESOLUTION ENDORSING THE EFFORTS OF THE "2499 TASK FORCE" TO CONSTRUCT A FOUR LANE DIVIDED THOROUGHFARE FROM FM 2181 TO FM 407. WHEREAS, FM 2499 has been planned for the purpose of relieving congestion along Interstate Highway-35, which, if present trends continue, w~ll be overcrowded w~thln the next ten years; and WHEREAS, FM 2499 has been designed to relieve traff,c travelling on Interstate Highway-35 from Denton to DFW A~rport, Arlington, Grapevine, H~ghland Village and Copper Canyon; and WHEREAS, FM 2499 w~ll provide access to Lake Lewlsv~lle, P~lot Knobb Park and serves to promote good eng~neerlng and thoroughfare planning w~th respect to the spacing of arterial highways; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I. That the C~ty Council of the C~ty of Denton, hereby supports and endorses the efforts of the "2499 Task Force" to plan the construction of a four lane d~v~ded thoroughfare from FM 2181 to FM 407. SECTION II. That this resolution shall become effective ~mmedlately upon lts passage and approval. PASSED AND APPROVED th~s the /~ day o~, 1987. RAY S ENS,/MAYOR ATTEST. *E I Ea-- A TERS, C TY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1930L RESOLUTION NO. A RESOLUTION DESIGNATING THE WEEK OF OCTOBER 4-10, 1987 AS PUBLIC POWER WEEK IN THE CITY OF DENTON. WHEREAS, we the citizens of Denton, Texas own and control our own electric utzllty; and WHEREAS, public power systems like ours operate without profit, allowing all benefits to flow entirely to us, the local consumers, and to our community; and WHEREAS, more than 2,000 public power systems across the country will ]oln together the week of October 4-10, 1987 to celebrate the contributions of community-owned public power; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the week of October 4-10, 1987 be designated as Public Power Week in Denton, Texas. SECTION II. That the City loin with others served by locally owned electric systems in a celebration of public power. SECTION III. That this community should undertake approprl'ate activities, honors and celebrations in recognition of public power and ~ts wide-ranging benefits. SECTION IV. That th~s resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~ day offS, 1987. ATTEST' JENOi~ER~A~TERS, CITY gECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1970L RESOLUTION NO. ~ A RESOLUTION APPROVING BUDGET ADJUSTMENTS FOR FISCAL YEAR 1986-87, AND DECLARING AN EFFECTIVE DATE. SECTION I. The budget adjustments, as indicated on Exhibit A, attached hereto and included by reference herein, for the fiscal year 1986-87 are hereby, in all things, approved and ratified. SECTION II. That this resolution shall become effective ~mmedlately upon ~ts passage and approva~l PASSED AND APPROVED thls the /~'day of~, 1987. RAY ST ATTEST · J~I~L~ERS, CITY SECRETARY APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY EXINIBIT A GENERAL FUND BUDGET AGJUGTMENT FIGCAL YEAR 19BO-G7 CURRENT 1 TRANSFER NOOIFIEO OR6ANIIRTION / FUNO BUDGET D AMOUNT BUDGET LEDAL AOHINIGTRATION 362~685 (73~5B§) 26%100 NUNICIPAL COURT JUDGE 53~513 (§003 53,013 AIRPORT G7~127 (6,863) 60,264 ANINAL CONTROL 225,206 (2,585) 222~621 ENERGENCY )ANAGEHENT 65~)69 i1323 6S~237 PW / ADNINIGTRATION 222,593 0 222 593 ENGINEERING 784~751 (l,7GO) 782,964 STREET CONGTRUCTTON 52G~995 L10~59G) 51BfOg7 STREET L1GHTIN6 )32,215 0 332,21§ GTREET PATCHING 792~271 (12,7~9) 779,502 SWEEPING/DRAINAbE ~11~707 0 31(~707 TRANS ENGINEERING 303~729 (6~424) 297~30§ DATA PROCEGGING 824,588 (48~6~63 77§,922 GENERAL OOUERNNENT 538,846 HG,7473 S20,099 OP ANALYSIS 75~417 (l,9933 73~24 ' PERSONNEL 322~640 (3,94S) 71G~695 WORD PROCESSING 174~5§7 0 174~557 PARKG/ADNINIGTRATIDN 213~53§ A (4,7413 2UG,794 RECREATION 741~$55 A 16,015 757,570 ~AINTENANCE 785~707 A (3G~5273 747~1G0 LISRARY/ADMINIGTRAT~ON 190,791 (%498) t81,293 ADULT GERUICEG 256,99( (%G423 247,152 CHILDREN SERVICES 114,123 (268) 113,855 FINANCE/ADNINISTRATION 239,06X G (63,3703 175,b93 PURCHAS[N6 19R~840 B (419) i99~421 CUBTONER OERVICE 768,7~4 g (72,624) 6%~110 CAGHIERING 147,735 B (600) 147,(5 HUNICIPAL COURT CLERKG 114,065 D (26,0013 GB,064 PLANNINO & CONNUNITY DEV 3B6,157 (2%1023 357,055 FIRE ADNINIGTRATION 222,752 C (21,221) 201,53! FIRE OPERATION9 3,355,440 C 35,546 3,390,966 FIRE PREVENTION 142~426 C (14~325) 128~101 :POLICE AONINIGTRATIGN 194,140 (22,8933 171,247 'CRININAL INVESTIGATION 713~078 (52~08)) 660~795 POLICE ADNINIGTRATIVE 5llf244 (48~804) 462~440 PATROL GIVIGIGN 2~661~389 0 2~61~389 FINANCE AUNIN HIGC l,lDl~Ol3 0 I~lDl,S~) FINANCE ACCT NIGC 735~600 0 735f600 PLANNING NI~C 14~,§07 0 145,507 6ENERAL FUND 21,644,87) (5t2,545) 2I,O52,)2G 1946L RESOLUTION NO. ~~_~__ A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND ERNEST AND LEWIS TRIETSCH FOR PROPERTY LOCATED AT THE CITY OF DENTON MUNICIPAL AIRPORT~ DENTON, TEXAS AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton has certain vacant property located at the Denton Municipal A~rport, Denton, Texas, WHEREAS, the C~ty of Denton desires to lease the property for agricultural purposes to the Tr~etsches ~n return for mowing services to be performed at the A~rport and the payment of rent · n the sum of Four Thousand Slx Hundred Seventy-four Dollars and E~ghty Cents (~4,674.80). WHEREAS, Ernest and Lew~s Trletsch desire to lease the land at the a~rport for agricultural purposes and agree to pay to the C~ty the requested rent and perform the mowing services at the Airport; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS Section I That the C~ty Manager is hereby authorized to execute a lease agreement between the C~ty of Denton and Ernest and Lewls Trletsch a copy of which ~s attached hereto and ~ncorporated by reference herein. Section II: That th~s resolution shall become effective · mmedlately upon lts passage and approval. Passed and Approved th~s the ~lay of,~~ ,~ ATTEST: J~'~.t~L~ERS, -CY~"f 'gEC~ETARY C~q OF ~ENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY 1942L THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § By thls lease, entered into the/~'~day of~, 1987, the City of Denton, Texas, herein called LESSOR devises and lets to Ernest Tr~etsch and Lew~s Tr~etsch, herein called LESSEES, the r~ght and privilege to use for agricultural purposes and for no other purpose, except as authorized herein, the following real property located in the County of Denton, State of Texas, described as follows Approximately 290 acres of land at the Denton Mun~clpal Airport, which is surplus to Airport needs, for agricultural purposes, as designated an the yellow shaded por tlons on attached Exhibit A, which ~s incorporated herein, upon the following terms and conditions 1. The term of thls lease shall be from the 15th day of September, 1987 through September 14, 1988. 2. LESSEES agree to deliver possession of said land and premises to LESSOR on September 14, 1988. 3. LESSEES agree to pay LESSOR, as cash rent for the above described property for the one (1) year term the sum of Four Thousand Slx Hundred and Seventy four Dollars and Eighty Cents ($4,674.80) ,n two (2) sem~-yearly installments of Two Thousand Three Hundred and Thlr ty-Seven Dollars and Forty Cents ($2,337.40) each, the flrst installment to be paid on or before September 15, 1987, the second ~nstallment to be paid on or before March 1, 1988. In addition to such cash payment, LESSEES agree to perform the following services for LESSOR as consideration for the lease of sa~d property, to-wlt- A. Mow all designated grass areas at the Denton Municipal Airport, as shown in the blue shaded portions on Exhlblt A, attached, on a regular basis or as deemed necessary by the A~rport management, except the following areas 1. The areas around A~rport l~ght~ng, navigational structures and U. S. Governmental facilities, 2. Areas leased to Airport operators and other leaseholders. B. Smooth rough land areas that are within the blue and yellow shaded portions on Exhibit A. C. Remove trees and stumps that are w~thln the blue and yellow shaded portions on Exhibit A. D. Call to the attention of the A~rport Manager potential erosion areas at the leased premises and the areas that are to be mowed. E. Back furrow or mow a distance of ten (10) feet from all fences ~n order to keep grass and other vegetatlon from becoming a f~re hazard. 4 Land Area Available- (See Exhibit A attached.) Approximately 290 acres of land are available for agricultural usage as follows: A. Approximately 250 acres of usable land on the west side of the Airport. B. Approximately 32 acres of usable land on the east end of the Airport. This area runs from the future hangar area l~ne to the south airport boundary line along the farmer's entrance road. PAGE 2 C. Airport Clear Zones- 1. Airport Clear Zones are land areas along the runway that must be clear of crops and be maintained in such a way as to be smooth with no holes or large rocks in the area. The distance requirements for alrport clear zones are- a. 250 feet either side of the runway center l~ne. b. 1,000 feet to the south of the end of Runway 17. c. 1,000 feet to the north of the end of Runway 35. 2. Areas along the taxlway must be clear and unobstructed for a dlstance of 75 feet from the center of the taxlway. 3. The infield area, between the runway and taxlway system, cannot be utlllzed for agricultural purposes. This area must be maintained at all times and the grass not allowed to grow over slx inches ~n depth. 4. Crops grown at the leased premises are restricted by the following conditions' a. Tall standing crops, over three feet in height, may not be grown wlthln 250 feet of the runway on the west s~de of the A~rport. b. Crops may not be grown between the runway and the taxlway system. c. Crops may not be grown next to or ~n the vicinity of any FAA navigational unit or structure. 5. Restrictions and L~m~tatlons A. The land leased should be used solely for cultivation of seasonal crops or for the mowing of natural grass or hay. All cultivation and mowing shall be conducted in conformity with good soil conservation and pasture management practices. PAGE 3 B. At no time will LESSEES or any ~nd~v~dual be allowed to park or leave unattended any farm equipment, tractor or vehicle within 400 feet of the center l~ne of the runway; w~th~n any runway approach area that ~s 500 feet from the threshold; or w~th~n 50 feet of the edge of any taxlway or apron. C. At no t~me w~ll the LESSEES or any ~nd~vldual be allowed to erect, construct or build any structure of any nature, or remove or tear down any building or other ~mprovement on the leased property w~thout prior written approval of the LESSOR. D. No new fences may be erected on the Airport property w~thout prior wr,tten approval of the LESSOR. All Airport boundary fence l~nes will be ma~ntalned by A~rport maintenance personnel. E. Grazing or pasturing of animals w~ll not be permltted on the A~rport property or on any A~rport land leased for agricultural purposes. F. There can be no leasing or subleaslng of any port,on of the A~rport property or on any Airport land leased for agricultural purposes 6. The following special condlt~ons shall govern the part~es to th~s lease: A. It should be understood that LESSOR and the Federal Government shall have the r~ght to use any portlon of the land for any purpose that they deem necessary. The LESSOR w~ll require that the areas ~n question be vacated w~thln 30 days of a written notification. Compensation for the recaptured land w~ll be prorated on a per acre basis, plus costs of growlng crops destroyed. B. Land designated as "Future Hangar Areas" may be used for cultivation. However, it is expressly understood that no compensation to the LESSEE w~ll be made by LESSOR for land or crops recaptured these areas during the term of th~s agreement. The LESSOR w~ll require that these Future Hangar Areas comprising of approxlmately 40 acres shall be vacated w~th~n thirty (30) days of a written not~f,catlon. PAGE 4 C. The LESSOR will have access to the property leased at any time for the purpose of any Inspection deemed expedient and for the purpose of surveying, utility placement, as well as for the use as access routes to adjacent areas of the Airport or to public roads. D. Material crops and all other property of the LESSEES shall be removed from the Airport leased land by the expiration date of this lease. E. LESSEES agree to indemnify, defend and hold harmless the LESSOR and its agents, employees and represen- tatives from all penalties arising from the v~olatlon of any ordinance, order or regulation that should occur in the operation of the lease, as well as from and against any and all llablllty for all claims, suits, losses, damages or injuries to any person or property of any nature resulting from the carelessness, negligence or improper conduct of the LESSEES or any of his agents or employees F. LESSEES w~ll not bring claim or suit against the LESSOR or assign any cause of action because of an accident, fire, no~se or disturbance resulting from the crash of an aircraft operating ~n the vicinity of the Airport; taking off or landing at the Airport; or occasioned by the presence and proximity of aircraft parked, being fueled, taxiing or in-flight over the leased area G. LESSEES expressly agree to deliver portions of such property to the LESSOR as LESSEES' crops are removed. Any crops remaining on the leased premlses on September 14, 1988, shall become the property of LESSOR. H. Further, LESSOR assumes no responsibility or liability for harm, injury, or any damaging events which are directly or indirectly attributable to premise defects or condltlons which may now exist or may hereafter arise upon the premises, any and all defects being expressly waived by LESSEES. Executed in duplicate this the~day of September, 1987. / PAGE 5 ATTEST · JEN~[~FER W~T~R~,, CITY ~ECltETARY CIT~/OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS ERNES~ TRIETSCH, LESSEE ~TSCH, LESSEE PAGE 6 FILE REFERENCE FORM R87-054 Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials JR First Amendment to Lease Agreement – Ordinance No. 2010-207 09/07/10 JR Second Amendment to Lease Agreement – Ordinance No. 2011-035 03/01/11 JR Third Amendment to Lease Agreement – Ordinance No. 2011-097 06/07/11 JR Fourth Amendment to Lease Agreement – Ordinance No. 2011-187 10/04/11 1963L RESOLUTION NO.~_~ A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND FIRST FINANCIAL RESOURCES, INC., AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton owns property available for lease at the Denton Municipal A~rport; and WHEREAS, Financial Resources, Inc , a Texas corporation, desires to lease property at the Denton Mun~clpal Airport and to use the same for hangar construction, hangar rental and related aeronautical purposes; and WHEREAS, the C~ty of Denton desires to lease property upon the A~rport for such purposes; and WHEREAS, the Airport Advisory Board has recommended a lease agreement w~th F~rst F~nan¢ial Resources, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON THAT SECTION I. The Airport Lease Agreement (Commercial Operator) between the City of Denton and Flrst Financial Resources, Inc., attached hereto and ~ncorporated herein by reference, ~s hereby approved. SECTION II. The Mayor is hereby authorized to execute the attached lease agreement on behalf of the City. SECTION III. Th~s Resolution shall be effective immediately upon its passage and approval. PASSED AND APPROVED th~s the/~'~day of~, 1987. ATTEST. APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY consideration hereof, does hereby covenant and agree as a covenant running with the land that 1. No person on the grounds of race, religion, color, sex, or national orlg~n shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination ~n the use of sa~d facilities, 2. In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, religion, color, sex, or national or~g~n shall be excluded from participation in, denied the benefits of, or otherwise De subjected to d~scr~mlnat~on; 3. The Lessee, shall use the premises ~n compliance with all other requirements ~mposed by or pursuant to T~tle 49, Code of Federal Regulations, Department of Trans- portation, Subtitle A, Off~ce of the Secretary, Part 21, Nond~scr~mlnat~on in Federally Assisted Programs of the Department of Transportation-Effectual of T~tle VI of the C~v~l Rights Act of 1964, and as said Regulations may be amended. C R~ght of Individuals to Maintain A~rcraft It is clearly understood by the Lessee that no right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the a~rport from performing any services on ~ts own a~rcraft w~th its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform. D. Non-Exclusive Right It is understood and agreed that nothing here~n contained shall be construed to grant or authorize the granting of an exclusive r~ght within the meanlng of Section 1349 of T~tle 43, U.S.C.A. E. Public Areas 1. Lessor reserves the r~ght to further develop or ~mprove the landing area of the airport as it sees f~t, regardless of the desires or views of the Lessee, and without interference or hindrance. 2. Lessor shall be obligated to maintain and keep ~n repair the landing area of the a~rport and all publicly owned PAGE 2 1964L THE STATE OF TEXAS S COMMERCIAL OPERATOR LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON S FIRST FINANCIAL RESOURCES, INC. ~ ,This. lease is made and executed this the /~'~&~'~/ day of , 1987, at Denton, Texas, by and between the C{t] Of' Denton, a Municipal Corporation, hereinafter referred to~ as "Lessor", and First Financial Resources, Inc., a corporation, having its principal offices at 611 Klmberly Drive, Denton, Texas, hereinafter referred to as "Lessee". WITNESSETH. WHEREAS, Lessor now owns, controls and operates the Municipal Airport (Airport) in the City of Denton, County of Denton, State of Texas; and WHEREAS, Lessee desires to lease certain premises on said airport and construct and maintain an aircraft hangar and related aviation facilities thereon; and NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement, the parties agree as follows I. CONDITIONS OF AGREEMENT NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CON- TAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING. A. Principles of O~eratlons The right to conduct aeronautical activities for furnish- ing services to the public is granted the Lessee subject to Lessee agreeing. 1. To furnish said services on a fair, equal and not unjustly discriminatory basis to all users thereof; and 2. To charge fair, reasonable and not unjustly d~scrimina- tory prices for each unit or service, provided, that the lessee may be allowed to make reasonable and non- discriminatory discounts, rebates, or other s~mllar types of price reductions to volume purchasers. B. ~on-DlScriminatlon The Lessee, for himself, his personal representatives, successors in interest, and assigns, as a part of the facilities of the airport, together with the right to direct and control all actlvltles of Lessee in this regard. 3. During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the prov~slons of the lease to the Government, shall be suspended. 4. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of the Lessor, would l~mlt the usefulness or safety of the airport or constitute a hazard to aircraft or to aircraft navigation. 5. This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof, relative to the operation or maintenance of the Airport. II. LEASED PREMISES Lessor, for and ~n consideration of the covenants and agree- ments herein contained, to be kept by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby hire and take from Lessor, the following described land situated in Denton County, Texas A. LAND A tract of land, being approximately 23,915 square feet or 0.508 acres, drawn and outlined on Attachment "A" and shown as Tract II, such attachment Incorporated herein by reference Together with the right of ingress and egress to said pro- perty; and the right, in common with others so authorized, of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton, and such rights shall extend to Lessee's employees, passengers, patrons and lnvltees. For the purposes of this Agreement, the term "Premises" shall mean all property located w~th~n the metes and bounds described in Attachment "A" as Tract II, including leasehold improvements constructed by the Lessee, but not Including certain easements or property owned and/or controlled by the Lessor. PAGE 3 B IMPROVEMENTS PROVIDED BY LESSOR NONE: There will be no improvements provided by Lessor, except as set forth in Article II , D, "Access to utllltles" below. For the purpose of th~s agreement, the term "Lessor Improvements" shall mean those things on the leased premises belonging to, constructed by, or to be constructed by the Lessor, which enhances or increases, or will enhance or increase, the value or quality of the leased land or property. Unless otherwise noted here~n, all Lessor improvements are and will remain the property of the Lessor All Lessor ~mprovements must be described in detail above, or above referenced and attached to th~s agreement in an exhibit approved by the Lessor. C. EASEMENTS Lessor and Lessee by mutual agreement may establish on the leased premises easements for public access on roads and tax,ways. D. ACCESS TO UTILITIES Lessor represents that there are water, and 3-phase elec- tricity l~nes w~th~n three hundred feet (300') of the leased premises available to "tap-in" by Lessee, and that the same are sufficient for usual and customary service on the leased premises. III. TERM The term of this Agreement shall be fQ~ ~ period of twenty- three (23) years, commencing on .~9 ~ day of September, 1987, and continuing through the~J~_, ay of September, 2010, unless earlier terminated under %he prov~slons of the Agreement. Lessee shall have the first r~ght of refusal to renegotlate this lease for three (3) additional five year periods at rentals and terms mutually agreed upon by the Lessor and Lessee w~thout regard for or considering the then cost of l~v~ng index. Lessee's elect~on to renegot~ate this Lease shall be ~n wrltlng addressed to the City Manager at least one hundred eighty (180) days before the expiration of the primary term of twenty-three (23) years and at least 180 days before the explratlon of each add~tlonal renegot~ated per~od. The rental and terms to be negotiated shall be reasonable and consistent with the then value, rentals and terms of s~mllar property on the Airport. Lessee's first r~ght o~ refusal to renegot~ate th~s lease shall expire upon the end of the last day of the primary term of twenty-three (23) years and the last day ot each PAGE 4 additional renegotlated period. IV. PAYMENTSr RENTALS AND FEES Lessee covenants and agrees to pay to Lessor, as consideration for this lease, the following payments, rentals and fees. A. LAND RENTAL Land rental shall be the sum of One Thousand Slx Hundred Seventy-four Dollars and Five Cents ($1,674.05) per year, payable in twelve (12) equal monthly installments in the sum of One Hundred Thirty-three Dollars and Fifty Cents ($133.50) in advance, on or before the first day of each and every month dur- ing the term of this agreement. Notwithstanding the foregoing, the lease rental is to be reduced by the product of $0.07565 per square foot times the number of square feet comprising all easements established in accordance with Article II(c). B. LESSOR IMPROVEMENTS RENTALS NONE. There are no Lessor improvements on the leased premises. C. PAYMENTr PENALTY~ ADJUSTMENTS All payments due Lessor from Lessee shall be delivered to the Airport Manager, unless otherwise designated in writing by the Lessor. Payments which are more than 15 days past due shall be assessed a penalty of one-half (1/2) of one percent per day, compounded dally, for each day or fraction thereof which the payment or fee is more than 15 days past due. The yearly rental for land and improvements herein leased shall be readjusted at the end of each five (5) year period during the term of th~s lease on the basis of the proportion that the then current United States Consumer Price Index, All Urban Consumer (CPI-U) for Dallas/Fort Worth, Texas, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics bears to the March, 1985 index which was 335.6 (1967 = 100). The original land rental amount is based upon $0.07565 per square foot for the land herein leased However, in no event shall any subsequent rental adjustment exceed fifty percent (50%) of the immediately preceedlng established rental. The four (4) rental adjustments, if any, shall occur on the following dates September 15, 1990 September 15, 2000 September 15, 1995 September 15, 2005 PAGE 5 V. RIGHTS AND OBLIGATIONS OF LESSEE A USE OF LEASED PREMISES Lessee ~s granted the non-exclusive privilege to engage in or provide the following 1. Hangar Leases and Rental. The rental or lease of hangars and hangar space and related facilities upon the leased premises. 2. Office Space Lease or Rental. The rental or lease of office space in or adjoining Lessee's hangars. 3. Aircraft Storage and T~e Down To provide parking, storage and tie down service, for both Lessee's and itinerant aircraft upon or within the leased premises Lessee, h~s tenants and sublessees shall not be authorized to conduct any services not specifically l~sted in th~s agree- ment. The use of the lease premises of Lessee, his tenants or sublessees shall be l~mlted to only those prlvate, commercial, retail or ~ndustr~al activities having to do w~th or related to airports and aviation. No person, business or corporation may operate a commercial, retail or industrial business upon the pre- m~ses of Lessee or upon the A~rport w~thout a lease or license from Lessor authorizing such commercial, retail or industrial activity. The Lessor shall not unreasonably w~thhold auth- orization to conduct aeronautical or related services B. STANDARDS Lessee shall meet or exceed the following standards 1. Address. Lessee shall file w~th the A~rport Manager and keep current its mailing address, telephone number(s) and contacts where he can be reached ~n an emergency. 2. List. Lessee shall file with the Airport Manager and keep current a l~st of its tenants and sublessees. 3. Conduct. Lessee shall contractually require ~ts emp--~-yers and sublessees (and sublessee's lnvltees) to ab~de by the terms of th~s agreement. Lessee shall promptly enforce its contractual r~ghts in the event of a default of such covenants. 4. Utll~t~es~ Taxes and Fees Lessee shall meet all expenses and payments in connection with the use of the PAGE 6 premises and the rights and privileges here~n granted, lnclud~ng the timely payment of utilities, taxes, perm,t fees, l~cense fees and assessments lawfully levied or assessed. 5. Laws. Lessee shall comply w~th all current and future federal, state and local laws, rules and regulations which may apply to the conduct of bus~ness contemplated, · ncludlng rules, regulations and ordlnances promulgated by Lessor, and Lessee shall keep in effect and post ~n a prominent place all necessary and/or required l~censes or permits. 6. Maintenance of Property. Lessee shall be responsible for the maintenance, repair and upkeep of all property, bu~ldlngsv structures and improvements, ~ncludlng the mowing or ellmlnatlon of grass and other vegetation on the premises, and shall keep said premises neat, clean and in respectable condition, free from any ob]ectlonable matter or th~ng. 7. Unauthorized use of ~remlses. Lessee may not use any of the leased land or premises for the operatlon of a motel, hotel, restaurant, private club or bar, apartment house, or for industrial, commercial or retail purposes, except as authorized here~n. 8. Dwellings. It is expressly understood and agreed that no permanent dwelling or domicile may be built, moved to or establlshed on or w~th~n the leased premises nor may the lessee, his tenants, lnvltees, or guests be permitted to reside or remain as a resident on or within the leased premises or other a~rport premises. 9. Quit Possession. Lessee shall quit possession of all premises leased here~n at the end of the primary term of this lease or any renewal or extension thereof, and deliver up the premises to Lessor in as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted 10. Hold Harmless. Lessee shall ~ndemn~fy and hold harmless the Lessor from and against all loss and damagesv ~ncludlng death, personal ~nJury, loss of property or other damages, arising or resulting from the operation of Lessee's bus~ness ~n and upon the leased premises. PAGE 7 11. Chemicals. Lessee agrees to properly store, collect and d~spose of all chemicals and chemical residues; to properly store, confine, collect and dispose of all paint, ~ncludlng paint spray ~n the atmosphere, and paint products; and to comply with all Local, State and Federal regulations governing the storage, handling or d~sposal of such chemicals and paints D. SIGNS During the term of th~s Agreement, Lessee shall have the r~ght, at ~ts own expense~ to place ~n or on the lease premises s~gns ~dent~fy~ng Lessee. Sa~d s~gns shall be of a s~ze, shape and deslgn, and at a location or locations, approved by the Lessor and in conformance w~th any overall directional graphics or s~gn program established by Lessor on the A~rport. Lessor's approval shall not be w~thheld unreasonably. Sa~d s~gns shall be maintained ~n good repair throughout the term of th~s agreement. Notwithstanding any other provision of this agreement, sa~d s~gns shall remain the property of Lessee. Lessee shall remove, at its expense, all lettering, s~gns and placards so erected on the premises at the expiration of the term of th~s Agreement or extensions thereof. VI. COVENANTS BY LESSOR Lessor hereby agrees as follows. A. Peaceful Enjoyment. That on payment of rent, fees, and performance of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all r~ghts and privileges here~n granted, B. Compliance. Lessor warrants and represents that in the establishment, construction and operation of sa~d Denton Municipal A~rport, that Lessor has heretofore and at this t~me ~s complying w~th all existing rules, regulations, and crlter~a d~str~buted by the Federal Av~atlon Administration, or any other governmental authority relating to and ~nclud~ng, but not l~m~ted to, noise abatement, air rights and easements over adjoining and contiguous areas, over-flight ~n landing or takeoff, to the end that Lessee w~ll not be legally l~able for any action of trespass or s~m~lar cause of action by v~rtue of any aerial operations over adjoining property in the course of normal take-off and landing procedures from sa~d Denton Municipal A~rport, Lessor further warrants and represents that at all t~mes during the term hereof, or any renewal or extension of same, that ~t will continue to comply with the foregoing. PAGE 8 VII. SPECIAL CONDITIONS It lS expressly understood and agreed by and between Lessor and Lessee that this lease agreement is sub3ect to the following special terms and conditions: A. Runways and Taxlwa~s. That because of the present sixty thousand (60,000) pound continuous use weight bearing capacity of the runway and taxlways of the Airport, Lessee herein agrees to limit all aeronautical activity including landing, take-off and taxiing, to aircraft having an actual weight, including the weight of its fuel, of sixty thousand (60,000) pounds or less, until such time that the runway and designated taxlways on the Airport have been improved to handle aircraft of such excessive weights. It is further agreed that, based on qualified engineering studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and that the Lessee agrees to abide by any such changes or revisions as such studies may dictate. "Aeronautical Activity" referred to in this clause shall include that activity of the Lessee or its agents or subcontractors, and its customers and lnvltees, but shall not include those activities over which it has no sollcltory part or control, such as an unsolicited or unscheduled or emergency landing. A pattern of negligent disregard of the provisions of this section shall be sufficient to cause the immediate termination of this entire Agreement and subject the Lessee to be liable for any damages to the Airport that might result. B. OWNERSHIP OF IMPROVEMENTS. All buildings and improvements constructed upon the premises by Lessee shall remain the property of Lessee unless said property becomes the property of Lessor under the following condltlonsv terms and provisions 1. Removal of Buildings. No building or permanent fixture may be removed from the premises. 2. Assumption. All buildings and improvements of whatever nature remaining upon the leased premises at the end of the primary term, or any extension thereof, of this lease shall automatically become the property of Lessor absolutely in fee without any cost to Lessor. 3. Bulldln~ Life. It is agreed that the life of the building to be constructed by Lessee on the property herein leased is twenty-three (23) years. 4. Cancellation. Should this lease be cancelled for any reason before the end of the twenty-three (23) year PAGE 9 term, it is especially understood and agreed that Lessor reserves the right to purchase all buildings, structures and improvements then existing upon the premises by tendering to Lessee one-twenty-third (1/23) of the undepreclated value of such building for each year remaining on the agreed life of such building. The undepreclated value of all improvements is to be determined by having such improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessee and one appointed by the two appraisers. VIII. SUBROGATION OF MORTGAGEE Any person, corporation or institution that lends money to Lessee for construction of any hangar, structure, building or improvement and retains a security interest in said hangar, structure, building or improvement shall, upon default of Lessee' obligations to said mortgagee, have the right to enter upon said leased premises and operate or manage said hangar, structure, building or improvement according to the terms of this Agreement, for a per~od not to exceed the term of the mortgage with Lessee, or until the loan ~s paid in full, whichever comes first, but in no event longer than the term of this lease. It is expressly understood and agreed that the right of the mortgagee referred to herein is limited and restricted to those improvements constructed with funds borrowed from mortgagee. IX. RIGHT OF EASEMENT Lessor shall have the right to establish easements, at no cost to Lessee, upon the leased ground space for the purpose of providing underground utility services to, from or across the airport property or for the construction of public facilities on the Airport. However, any such easements shall not interfere with Lessee's use of the leased premises and Lessor shall restore the property to its orlglnal condition upon the installation of any utlllty services on, ~n, over or under any such easement or the conclusion of such construction. Construction in or at the easement shall be completed within a reasonable time. X ASSIGNMENT OF LEASE Lessee expressly covenants that it will not assign this lease, convey more than ten percent (10%) of the interest ~n its business, through the sale of stock or otherwise, transfer, l~cense, nor sublet the whole or any part of the said premises for any purpose, except for rental of hangar space or t~e-down space, without the written consent of Lessor Lessor agrees that · t will not unreasonably withhold its approval of such sale, PAGE 10 sublease, traDsfer, license, or assignment of the facilities for airport related purposes; provided however, that no such assignment, sublease, transfer, license, sale or otherwise shall be approved if the rental, fees or payments, received or charged are in excess of the rental or fees paid Dy Lessee to Lessor under the terms of this lease, for such portion of the premises proposed to be assigned, subleased, transferred, licensed, or otherwise. The provisions of this lease shall remain binding upon the assignees, if any, of Lessee. XI. INSURANCE A. Required Insurance. Lessee shall maintain continuously in effect at all times during the term of this agreement, at Lessee's expense, the following insurance coverages 1. Comprehensive General Liability covering the leased premises, the Lessee or its company, its personnel and its operations on the airport. 2. Aircraft Liability to cover all flight operations of lessee. 3. Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the Lessee subsequent to this agreement. 4. Liability insurance limits shall De in the following minimum amounts: Bodily Injury and Property Damage $1,000,000 combined single limits on a per occurrence basis. 5. All pollcles shall name the City of Denton as an addi- tional named ~nsured and provide for a mln,mum of thirty (30) days written not~ce to the City prior to the effective date of any cancellation or lapse of such policies. 6. All policies must be approved by the Lessor 7. The Lessor shall be provided with a copy of all such policies. B. During the original or extended term of this Lease, Lessor here~n reserves the right to adjust or increase the liability insurance amounts required of the Lessee, and to require any PAGE 11 additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor; provided however, that any require- ments shall be commensurate with insurance requirements at other public use a~rports similar to the Denton Municipal Airport, in size and in scope of aviation activities, located in the southwestern region of the United States Lessee here~n agrees to comply with all increased or adjusted insurance requirements that may be required by the Lessor through- out the original or extended term of this lease, including types of insurance and monetary amounts or limits of insurance, and to comply with said ~nsurance requirements within sixty (60) days following receipt of a notice in writing from Lessor stating the increased or adjusted ~nsurance requirements. Lessee shall have the right to maintain in force both types of insurance and amounts of insurance which exceed Lessor's minimum insurance requirements. In the event that State Law should be amended to require types of insurance and/or insurance amounts which exceed those of like or similar public use airports in the southwestern region of the Un,ted States of America, then in such event, Lessor shall have the right to require that Lessee maintain in force types of insurance and/or amount of insurance as specified by State Law. Failure of Lessee to comply with the minimum specified amounts or types of insurance as required by Lessor shall constitute Lessee's default of this lease. XII. CANCELLATION BY LESSOR In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against ~t and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act, or Lessee shall be divested of its estate herein by other operation of law; or Lessee shall fall to perform, keep and observe any of the terms, covenants, or conditions herein contalnedt or on its part to be performed, the Lessor may give Lessee written notice to correct such condition or cure such default and, if any condition or default shall continue for thirty (30) days after the receipt of such not~ce by Lessee, then Lessor may, terminate this lease by a written notice to Lessee. In the event of default, Lessor has the right to purchase any or all structures on the leased premises under the provisions of Paragraph B, 4. Cancellation of Section VII. PAGE 12 XIII. CANCELLATION BY LESSEE Lessee may cancel this Agreement, in whole or part, and terminate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events: (1) issuance by any court of competent jurisdiction of a permanent in]unction in any way preventing or restraining the use of said airport or any part thereof for alrport purposes; (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period ot ninety (90) days after receipt of a written notlce of the existence of such breach; (3) the ~nablllty of Lessee to use sald premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regulation of any appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, earthquake or other casualty; or (4) the assumption or recapture by the United States Government or any authorized agency thereof the maintenance and operation of sa~d airport and facilities or any substantial part or parts thereof. Upon the happening of any of the four events listed in the preceding paragraph, such that the leased premises cannot be used for avzatlon purposes, then Lessee may cancel this lease as aforesaid, or may elect to continue this lease under its terms except however that the use of the leased premises shall not be limited to aviation purposes, their use being only limited by such laws and ordinances as may be applicable at that time. XIV. MISCELLANEOUS PROVISIONS A. Entire Asreement. Th~s Agreement constitutes the entire understanding between the parties and as of its effective date supersedes all prior or independent agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be writing s~gned by both parties. B. B~ndln~ Effect. All the covenants~ stipulations and agreements herein shall extend to, b~nd and Inure to the benefit of the legal represen- tat~ves~ successors and assigns of the respective parties hereto. C. Severab~llty. If a provlslon hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, PAGE 13 the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. D. Notice. Any not~ce glven by one party to the other in connection with th~s Agreement shall be in writing and shall be sent by registered mall, return receipt requested, with postage and registration fees prepaid as follows 1. If to Lessor, addressed to City Manager City of Denton Denton, Texas 76201 2. If to Lessee, addressed to F~rst Financial Resources, Inc 611 K~mberly Dr~ve Denton, Texas 76202-0271 Notices shall be deemed to Have been received on the date of receipt as shown on the return receipt. E. Headings. The headings used ~n th~s Agreement are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Agreement. F. Govern~n~ Law. Th~s Agreement is to be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year f,rst above written. CITY OF DENTON, TEXAS, LESSOR PAGE 14 ATTEST. APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY FIRST FINANCIAL RESOURCES, INC., LESSEE THE STATE OF TEXAS COUNTY OF DENTON On this ~ day of ~%O76zu~f , 1987, Defore me the undersigned~uua~ Public, gersonally appeared ~/?/V ~. ~rm , personally known to me (or proved to~ on the basis of satisfactory evidence) to be the person who executed the w~thln instrument as ~r-~,~ ~;r~ ~/e~,ff~ of First Financial Resources~ Inc.~ on behalf of the corporation there~n named and acknowledged to me that the corporation executed ~t WITNESS my hand and official seal. NOTARY PUSUC- STATE OF TE~ NOTARY PUBLIC, STATE OF TEXAS MY COMMISSION EXPIRES PAGE 15 1805L RESOLUTION NO.~_~ A RESOLUTION AUTHORIZING AN AMENDMENT TO THE AIRPORT LEASE BETWEEN THE CITY OF DENTON AND JAY D. RODGERS AND BRUCE BROWN; AND APPROVING THE ASSIGNMENT OF JAY RODGERS INTEREST IN SAID LEASE TO CHARLES V. BROWN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, certain real property upon the Denton Municipal Airport was leased to Jay D. Rodgers and Bruce Brown, a Texas partnership, by lease agreement dated April 2, 1985; and WHEREAS, the City of Denton and the Lessees desire to amend the lease agreement; and WHEREAS, the Airport Advisory Board for the City of Denton has recommended approval of the proposed airport lease amend- ment; and WHEREAS, the City Council of the City of Denton, Texas, believes it to be in the interest of efficient azrport operations to approve such lease amendment; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. The attached amendment to the airport lease agreement between the City of Denton and Jay D. Rodgers and Bruce Brown dated April 2, 1985 and also attached hereto, is hereby approved. SECTION II. The Mayor is hereby authorized to execute the attached lease amendment on behalf of the City and the City Secretary is hereby directed to affix this resolution, with the executed lease amend- ment attachedt to the original airport lease agreement dated April 2, 1985, inscribing on the original agreement the fact it has been amended and the effective date of such amendment. SECTION III. The assignment of the interest of Jay Rodgers in said lease- hold to Charles V. Brown is hereby approved. SECTION IV. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the/~day of~, 1987. ATTEST: JE~I~A~LTE~S, -CiT-Y- ~ECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCHr CITY ATTORNEY CITY OF DENTON, TEXAS 1971L THE STATE OF TEXAS § AMENDMENT NO. 1 TO AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON COUNTY OF DENTON S AND JAY D. RODGERS AND BRUCE BROWN WHEREAS, certa,n real property upon the Denton Municipal Airport was leased to Jay D. Rodgers and Bruce Brown, a Texas partnersh,p, by lease agreement dated Apr,1 2, 1985, and WHEREAS, the City of Denton and the Lessees des,re to amend the lease agreement by deslgnat,ng new boundary lines for the premises; WHEREAS, the City of Denton and the Lessees desire to amend the lease agreement to remove J. D Rodgers as Lessee and subst,tute Charles V. Brown as a Lessee; NOW, THEREFORE, WITNESSETH. The C*ty of Denton, Texas, here,nafter referred to as "Lessor" and Bruce Brown and Charles V. Brown, hereinafter referred to as "Lessee" for and in consideration of the rents, covenants and condlt,ons contained herein, do hereby mutually agree that the lease dated April 2, 1985, between the City Denton and Jay D. Rodgers and Bruce Brown is amended as follows 1. Section VIII, PARAGRAPH A, LEASEHOLD IMPROVEMENTS is deleted in its entirety. 2. Sect,on I, Paragraph B, CONDITIONS OF AGREEMENT; Section IV, Paragraphs A and C, PAYMENTS~ RENTALS AND FEES; Section XII, Paragraph A, INSURANCE; and Section XV, Paragraph D, MISCELLANEOUS PROVISIONS are amended to read as follows: 1. Paragraph B, NON-DISCRIMINATION, of SECTION I, CONDITIONS OF AGREEMENT, is hereby amended to read as follows. B. Non-Discrimination: The Lessee, for himself, his personal representatives, successors and interests, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant runn,ng with the land that- 1. No person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benef,ts of, or be otherwise subjected to d,scrlmlnatlon in the use of sa,d facll,t*es; 2. In the construction of any improvements on, over, or under such land and the furnishings of services thereon, no person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, 3. The Lessee, shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Off~ce of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation - Effectual of Title VI of the C~vll Rights Act of 1964, and as said Regulations may be amended. 2. Paragraph A, LAND, of Section II, LEASED PREMISES, is amended to read as follows: A. LAND: A tract of land, being approximately 71,745 square feet, or 1.688 acres, drawn and outlined on Attachment "A" and described as Tract I, such attachment is incorporated herein by reference. Together with the right of ingress and egress to said property; and the right ~n common with others so authorized of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton and such rights shall extend to Lessee's employees, passengers, patrons and lnvltees For purposes of this agreement, the term "Premises" shall mean all property located within the metes and bounds described in Attachment "A" as shown as Tract I, including leasehold improvements constructed by the Lessee, but not including certain easements or property owned and/or controlled by the Lessor Lessee further agrees and grants to the property immediately adjacent to the northeast boundary of its premises the right of ingress and egress across the concrete taxlway as shown on attachment A. 3. Paragraph A, LAND RENTAL, of Section IV, PAYMENTS, RENTALS AND FEES, ~s amended to read as follows A. LAND RENTAL shall be due and payable in the sum of Five Thousand Twenty-Two and 15/100 Dollars ($5,022 15) per year, payable in twelve (12) equal monthly installments in the sum of Four Hundred E~ghteen and 52/100 Dollars ($418.52) in advance, on or before the first day of each and every month during the term of this agreement from the date of th~s amendment. PAGE 2 Notwithstanding the foregoing, the lease rental ~s to be reduced by the product of $0.06830 per square foot times the number of square feet comprising all easements established ~n accordance with Article II(c). 4. Paragraph C, PAYMENT, PENALTY, ADJUSTMENTS, of Section IV, PAYMENTS, RENTALS, AND FEES ~s amended to read as follows. C. All payments due Lessor from Lessee shall be delivered to the A~rport Manager, unless otherwise designated ~n writing by the Lessor. Payments which are more than 15 days past due shall be assessed the penalty of one-half (1/2) of 1% per day, compounded dally, per each day or a fraction thereof which the payment or fee ~s more than 15 days past due. The yearly rental for land and improvements herein leased shall be readjusted at the end of each f~ve (5) year period during the term of this lease on the bas~s of the proportion that the then current Un~ted States Consumer Price Index, all urban consumer (CPI-U) for Dallas/Fort Worth, Texas, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics bears to the March, 1985 index which was 335.6 (1967 = 100). The orlglnal land rental amount is based upon $0.06830 per square foot for the land herein leased. However, ~n no event shall any of the rental adjustments exceed f~fty percent (50%) of the original rental. The four (4) rental adjustments, ~f any, shall occur on the following dates: May 1, 1990, May 1, 1995, May 1, 2000, May 1, 2005. 5. Paragraph A, REQUIRED INSURANCE, of Sectlon XII, INSURANCE is amended to read as follows- A. REQUIRED INSURANCE: Lessee shall maintain continuously in effect at all times during the term of th~s agreement, at Lessee's expense, the following insurance coverages 1. Comprehensive general liability covering the leased premises, the Lessee or Its company, its personnel, and ~ts operations on the airport. 2. A~rcraft l~ablllty to cover all flight operations of Lessee. 3. F~re and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the Lessee subsequent to this agreement. PAGE 3 4. Liability insurance limits shall be in the following minimum amounts. Bodily Injury and Property Damage One Mllllon Dollars ($1,000,000) combined single limits on a per occurrence bas~s. 5. All policies shall name the City of Denton as an additional named insured and provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of such policy. 6. All policies must be approved by the Lessor. 7. The Lessor shall be provided with a copy of all such policies. During the original or extended term of th~s lease, Lessor herein reserves the right to adjust or increase the l~abll~ty lnsurance amounts required of the Lessee, and to require any additional r~der, provisions, or certificates of ~nsurance, and Lessee hereby agrees to provide any such ~nsurance requirements as may be required by Lessor; provided however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Denton Municipal A~rport, in size and in scope of aviation activities, located in the southwestern region of the United States. Lessee here~n agrees to comply w~th all ~ncreased or adjusted insurance requirements that may be required by the Lessor throughout the original or extended term of this lease, including types of insurance and monetary amounts or limits of insurance, and to comply with said insurance requirements w~th~n sixty (60) days following the receipt of a notice in writing from Lessor stating the following receipt of a notice ~n writing from Lessor stating the ~ncreased or adjusted ~nsurance requirements. Lessee shall have the right to maintain in force both types of ~nsurance and amounts of insurance which exceed Lessor's minimum insurance requirements. In the event that State law should be amended to require types of ~nsurance and/or Insurance amounts which exceed those of like or similar public use airports in the southwestern region of the United States of Amerzca, then in such event, Lessor shall PAGE 4 have the right to require that Lessee maintain in force types of insurance and/or amount of insurance as specified by State law. Failure of Lessee to comply with the minimum specified amounts or types of insurance as required by Lessor shall constitute Lessee's default of this Lease. 6. Paragraph D, NOTICE, of Section XV, MISCELLANEOUS PROVI- SIONS, is hereby amended to read as follows D. NOTICE. Any notice g~ven Dy one party to the other mn connection with this agreement shall be ~n writing and shall be sent by registered mall, return receipt requested, with postage and registration fees prepaid as follows- 1. If to Lessor, addressed to. City Manager City of Denton Denton, Texas 76201 2. If to Lessee, addressed to Mr. Charles V. Brown Mr. Bruce Brown 1000 Sherman Drive Route 3 Denton, Texas 76201 Roanoke, Texas 76262 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. IN WITN~W~EREOF,. ~he~~es have executed this agreement as of this ~___ day of~, 1987. CITY OF DENTON, TEXAS, LESSOR ATTEST: J~I'FER~A~LT~RS ,- C!~TY -S~RETARY PAGE 5 APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CHARLES V. BROWN, LESSEE THE STATE OF TEXAS ~ COUNTY OF DENTON § Subscribed and sworn to before me this //~ day of/~ , 1987 by Charles V. Brown. THE STATE OF TEXAS § COUNTY OF DENTON ~ Subscribed and sworn to before me this /~ day of~ 1987 by Bruce Brown. NOTARY PUBLIC~ STATE OF TEXAS PAGE 6 · ay D. Rodgere Charles V. Brown 900 Austin Street 1000 Sherman Drive Denton, Texas 76201 Denton, Texas 76201 This is intended to serve as documentation of the mutual desire of Charles v. Brown to purchase Jay D. Rodgers° partnership interest in the Brown-Rodgers Partnership, effective January 1, 1987. This purchase is ooneumated by the transferring of good and valuable consideration for the Partne=ship interest. In addition to other consideration, Charles V. Brown agrees to assume Jay D. Rodgere! personal liability with the First State-Bank of Denton regarding the liability the Partnership incurred when it built the three aircraft hangars at the Denton County Airport. The agreement to the transfer of the Partnership interest is noted below by the signatures of the two parties. 1968L RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE EXPANSION OF THE ANIMAL CONTROL CENTER; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES. SECTION I. That the Mayor of the Cmty of Denton is hereby authorized to execute an agreement between the City of Denton and Denton County for the expansion of the Cmty of Denton's Animal Control Center, a copy of which ms attached hereto and incorpo- rated by reference herein. SECTION II. That thms resolution shall become effectmve immediately upon its passage and approval. PASSED AND APPROVED this the/~'~day of~ 1987. ATTEST. JE I - LTERSr C TY SECR A Y APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH~ CITY ATTORNEY 1894L THE STATE OF TEXAS $ INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY OF DENTON $ COUNTY 6 THE CITY OF DENTON This Agreement is made and entered by and between Denton County, a political subdivision of the State of Texas, herein- after referred to as "COUNTY," and the City of Denton, a home rule municipal corporation of Denton County, Texas, hereinafter referred to as "CITY." WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, CITY is a home rule municipal corporation, duly organized and operating under the laws of the State of Texas engaged in the performance of municipal services for the benefit of the citizens of the City of Denton, and WHEREAS, CITY is engaged in the services of holding and disposing of dogs and cats at its Animal Control Center for the benefit of the citizens of the City of Denton, and WHEREAS, CITY is the owner of certain facilities and equipment designed for the holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such facilities and equipment, and WHEREAS, CITY anticipates an increased number of dogs and cats to be impounded at its Animal Control Center and the City intends to expand its facilities to accommodate these anticipated needs, and WHEREAS, COUNTY desires to provide adequate facilities for the holding and disposition of dogs and cats for the residents of the unincorporated areas of Denton County, and WHEREAS, the provisions of impoundment and disposition of dogs and cats is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties; and WHEREAS, COUNTY and CITY mutually desire to be subject to the provisions of Tex. Rev. Civ. Stat. Art. 4413 (32c), the Interlocal Cooperation Act and contract pursuant thereto, NOW, THEREFORE, COUNTY and CITY, for the mutual consideration hereinafter stated, agree as follows A. COVENANTS OF THE CITY 1. Provisions of Holding Space. For the term of this agree- ment, the CITY agrees to provide available space in the Animal Control Center for the holding of dogs and cats lawfully impounded by authorized representatives of COUNTY and/or brought to and released to the Center from residents of the unincorpo- rated areas of COUNTY, not to exceed one thousand £1ve hundred (1,500) animals per year. 2. Use o£ COUNTY Funds. The CITY agrees to use any and all funds contributed by the COUNTY under the terms o£ this agreement for the purposes of expansion o£ the Animal Control Center and all necessary repalrs~ maintenance or improvements for the CITY'S Animal Control Center. The CITY will make no other use of such funds without written approval from the COUNTY acting through the Commissioners Court. B. COVENANTS OF THE COUNTY 1. Financial Responsibility. The COUNTY agrees to contribute the sum of Forty Thousand Dollars ($40,000) to the City of Denton to be used for the expansion o£ the Animal Control Center and for all necessary repairs, maintenance or improvements for the CITY'S Animal Control Center. This contribution shall be payable to the CITY within thirty (30) days from the execution of this agreement. 2. Purpose o£ Contribution. The COUNTY agrees that this contribution is solely for the purpose o£ securing holding space at the CITY'S Animal Control Center and does not provide for the reimbursement o£ operating costs to the City of Denton for the actual holding and disposition o£ dogs and cats from the unin- corporated areas of the COUNTY. Such costs shall be reimbursed to the CITY under the terms and conditions as set forth in the Interlocal Cooperation Agreement £or impoundment and disposition services £or dogs and cats executed by COUNTY and CITY on March 24, 1987~ as the same may be amended from time to time. 3. Non-Re£undable Contribution. The COUNTY agrees that the contribution or any portion thereo£, will not be returned to the COUNTY should the COUNTY elect not to utilize the holding space provided at the CITY'S Animal Control Center. This provision shall not be construed so as to limit COUNTY'S recovery for damages for any breach of this agreement. II. CITY agrees to and accepts full responsibility for the acts, negllgence~ and/or omissions o£ all CITY'S employees, and agents, PAGE 2 CITY'S subcontractors, and/or contract laborers doing work under a contract or agreement with CITY in performance of this agreement with said CITY. COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of COUNTY'S employees, and agents, COUNTY'S subcontractors, and/or contract laborers doing work under an agreement or contract with COUNTY in performance of this agreement with CITY. It is further agreed that if a claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas. This paragraph shall not be construed as a waiver by either party of any defenses available to ~t under the laws of the State of Texas. It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be for the benefit of the parties hereto. III. The fact that the COUNTY and CITY accept certain responsi- bilities for providing facilities for the collection and impounding of dogs and cats under this agreement as a part of their responsibility for providing protection for the public health and welfare and, therefore, makes it imperative that the performance of these vital services be recognized as a govern- mental function and that the doctrine of governmental immunity shall be, and it is hereby invoked to the full extent possible under the law. Neither CITY nor COUNTY waives or shall be deemed hereby to waive, any immunity or defense that it would otherwise be available to it against claims arising from the exercise of governmental functions. IV. The term of the agreement shall be for a period of ten (10) years commencing as of October 1, 1987, and ending September 30, 1997. V. This agreement represents the entire and integrated agreement between CITY and COUNTY and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both CITY and COUNTY. VI. This agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. PAGE VII. In the event that any port,on of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and In full force and effect to the extent possible. VIII. The undersigned officer and/or agents o£ the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now ~n £ull force and effect. EXECUTED in duplicate originals this the ~ day of September, 1987. CITY OF DENTON ATTEST: JENN~ER W~TERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ~ ~ PAGE 4 COUNTY OF DENTON VIC BlfgWESS, fOUNTY JUDGE ATTEST: APPROVED AS TO LEGAL FORM: ROBERT S. MORRIS, ATTORNEY FOR DENTON COUNTY BY PAGE 5 Next Document A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, RELATING TO THE ISSUANCE OF BONDS BY THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC , APPROVING THE ISSUANCE OF SUCH BONDS AND THE USE OF THE PROCEEDS OF SUCH BONDS; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, North Texas Higher Education Authority, Inc (the "Authority") was established as a non-profit corporatlon pursuant to the Texas Non-Profit Corporation Act, for the purpose of furthering educational opportunities of students by providing funds for the acqulsltlon of student loans, and WHEREAS the Authority has proceeded ~n the development of a plan of doing buslness and has ~ssued bonds for the aforesaid purposes, and additional funds are needed to continue the prggram and ~t ~s now appropriate for this governIng body to approve the ~ssuance of addltlonal bonds for such purpose; WHEREAS, pursuant to sectlon 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), a public hearlng was conducted, following reasonable public not~ce, w~th respect to the ~ssuance of bonds by the Authority ~n the principal amount not to exceed $98,000,000; WHEREAS, certlfled minutes containing the proceedings from such hearing have been submitted to the C~ty of Denton, Texas (the "C~ty"), WHEREAS, in order to satisfy the requirements of the Code, ~t ls necessary for the City, followlng the holdlng of the publlc hearlng, to approve the ~ssuance of the Bonds and the use Of the proceeds of the Bonds, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I: That on September 29, 1987, a public hearlng was conducted regarding the ~ssuance by the Authority of student loan revenue bonds in the prlnc~pal amount not to exceed $98,000,000 (here~n called "Bonds") The proceeds of the Bonds will be used by the Authority for the purpose of purchaszng Guaranteed Student Loans which are e~ther guaranteed or ~nsured under the provxslons of the H~gher Education Act of 1965, as amended, the setting aside of certain amounts for deposit into the Reserve Fund, the Interest Fund, and the Operating Fund, and the payment of the cost of issuing the Bonds, in accordance with the laws -of the State of Texas, lncluding Chapter 53 of the Texas Education Code, as amended The student or parent loan notes are notes executed by students (or parents of students) who are residents of the State of Texas or who have been admitted to an accredited lnst~tutlon in the State of Texas (as deflned ~n the Texas Education Code, as amended). SECTION II: That the governing body of the C~ty hereby approves the issuance and delivery of such Bonds and the use of the proceeds of such Bonds for the purposes aforesaid The Mayor and City Secretary are authorized and directed to execute the Approval Certlflcate substantially in the form attached hereto as Exhibit A and to deliver certified copies of this resolution and copies of the Approval Certificate to the Authority for 1ts use in connection with the issuance of the Bonds. The City requests that the Authority exercise the powers enumerated and provided in Section 53 47 of the Texas Education Code, as amended, that such non-profit corporatlon shall, in this connection, exercise such powers for and on behalf of the City and the State of Texas, as contemplated by Section 53.47(e) of the Texas Education Code, as amended SECTION III. That the City does not agree to assume any responsiblllty in connectxon with the administration of the Authorlty's student loan program. Sole responsibility for the administration of the Authorlty's student loan program is being assumed by the Authority. SECTION IV: That it is recognized by th~s governing body that the lnstruments whlch authorize the issuance of Bonds or series of Bonds by the Authority will spec~flcally state that this City ls not obligated to pay the principal of or interest on the Bonds or aeries of Bonds proposed to be ~ssued by t~e Authority. Nothing in this resolution shall be construed as an Indication by th~s City that ~t will pay or provide for the payment of any obligations of the said Author.lty whether heretofore or hereafter ~ncurred, and in this connection, attention is called to the Constitution of Texas wherel.n it is provided that a City may incur no indebtedness without having made provisions for 1ts payment, and this City Council hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any lndebt.edness or obligation of the Authority SECTION V. That this Resolution shall be effective from and after ~ts passage and approval -2- 3163E SECTION VI: That it is hereby offlc~ally found and determined that the meeting at which this resolution ~s passed is open to the public as required by law and that public notlce of the tlme, place and purpose of sa~d meeting was given as required. PASSED AND APPROVED th~s,~~'/ day of ~~__, 1987 A~EST. . of Denton, Texas -3- 3163£ Exhiblt A APPROVAL CERTIFICATE I, ~J, ~md~ , am the duly elected Mayor of the-Ct~ of De,ton, Texas (the "City"), and as such am the applicable~elected representative of the Clty pursuant to §147(f)(2)(B) of the Internal Revenue Code of 1986, as amended. On September 29, 1987, a public hearing was conducted regarding the issuance of bonds more specifically designated as "North Texas Higher Education Authority, Inc. Student Loan Revenue Bonds, Series 1987" in the aggregate principal amount not to exceed $98,000,000 (the "Bonds") and the utll~zatlon of the proceeds of the Bonds by the North Texas H~gher Education Authority, Inc. for the purpose of purchasing Guaranteed Student Loans which are either guaranteed or ~nsured under the provisions of the Higher Education Act of 1965, as amended, the setting aside of certain amounts for deposit into the Reserve Fund, the Interest Fund and the Operating Fund, and the payment of the cost of issuing the Bonds, in accordance with the laws of the State of Texas, including Chapter 53 of the Texas Education Code, as amended. The student or parent loan notes are notes executed by students (or parents of students) who are residents of the State of Texas or who have been admitted to an accredlted institution in the State of Texas (as defined ~n the Texas Education Code, as amended). A copy of the report of such hearing is attached hereto as Schedule I. As the applicable elected representative of the C~ty, I hereby specifically approve the Bonds and the use of the proceeds of the Bonds for the purposes stated above. Mayas (SEAL) ATTEST= Cl~y Of Denton, Texas Schedule CERTIFICATE I, the undersigned, am an authorized representative of the North Texas H~gher Educatlon Authority, Inc. (the "Issuer') duly appointed by such Issuer to conduct a public hearing (the "Hearing") at 9 o'clock a.m. on Tuesday, September 29, 1987, and dO certxfy aa follows. 1. On behalf of the Issuer, I conducted the Hearing xn the off~ces of the Higher Education Servicing Corporation located at 201 E. Abram, Suite 750, Arlington, Texas. The Hearing concerned the ~ssuance of those obligations styled as follows: NOT IN EXCESS OF $98,000,000 NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC. STUDENT LOAN REVENUE BONDS, SERIES 1987 2. A true, full and correct copy of the minutes of the Hearing is attached hereto 3. On September 13, 1987 and September 14, 1987, public not~ce of the Hearing was published ~n a newspaper of general cxrculat~on xn, and published ~n, the Cities of Arlington and Denton, Texas, respectxvely. Attached hereto followzng the minutes of the Hearing are affzdav~ts of publication relating to sa~d publzc notices. SIGNED this 29th day of September, 1987. Name~ ~athfyn g~ya~ Title: Assistant Secretary North Texas Higher Education Authority, Inc. MINUTES OF THE MEETING OF SEPTEMBER 29, 1987 The public hearing for the purpose of hearing from lnterSsted members of the public concerning the proposed issuance of those oblzgatlons styled "North Texas H~gher Education Authority, Inc. Student Loan Revenue Bonds, Ser~es 1987" to be ~ssued in the amount not to exceed $98,000,000 (the "Bonds") and the utxllzat~on of the proceeds of the Bonds by the North Texas H~gher Education Authority, Inc for the purpose of purchasing Guaranteed Student Loans which are either guaranteed or insured under the provls,ons of the H~gher Educatlon Act of 1965, as amended, the setting aside of certaln amounts for deposit ~nto the Reserve Fund, the Interest Fund and the Operatlng Fund, and the payment of the cost of lssu~ng . the Bonds, zn accordance wzth the laws of the State of Texas, ~nclud~ng Chapter 53 of the Texas Education Code, as amended, was opened at 9 o'clock A. M. The undersigned requested all persons who desired to speak e~ther for or agalnst the issuance of the Bonds to so ~nd~cste by raising their hands. The following persons present at the meeting so indicated: See Exhibit "A" Followxng such comments, the undersigned then announced that the hearing was closed Name. t KafhYyn Bry&n Title: Assistant Secretary ~ ' ~X~IBIT A ~r. Jesse Co'fey (representing h~msel~) of 35~3 ~ranada Tra~l, Denton, Texas 75205, (817) 565-1352, ~nd~cated he would lzke to express h~s concern as a taxpayer in regard Co the need and purpose for the zssuance of such bonds. In order'to be able to speak to the ~sauance ~e indxcated thaC he needed a better understanding of the type o~ bonds proposed and the student loan program in general and that he had prepared questions relatxve ~o tb~s as follows (l) Amount of outstandtng bonds prior to chis xssue~ (2) Ara all prtnclpal, interest, and stnk~ng fund payment requirements current? If not, what la condition? (3) Amount o~ delinquencies by number and by dollars - 30, 60, 90 and over days past due. How many loans classified as being curren~ have had payments come due and no paMmen~s were made? by numbers and by dollars? (4) How many loans by number and by dollars have been charged off as losses? Have judgements against the borrowers been obtazned in every casa? If hoC, why hOC? Are social security numbers used to search for delinquent borrowers and tax records used to ascertain earnxngs? If not, why hOC? l~bere legal, are garnlshmenC laws used? (5) What are da~es, terms, amounts of loans? What will be races, ~erms and amounts of loans i~ new bonds issued. (6) Describe new bonds - all requlremenCs - and exact use of funds includ~ng cost o~ issuance -insurtng agent. Ara bonds guaranteed by any government agency? (7) Who exactly has the ~nal decls~on on a loan applxcaCxon? Where are the records kept? Are ~he records open to xnspect~ons by any person? Are all records and books audxted annually? Row many paid s~aff members? Amounts of their salarzes? Are operatxng statements issued annually? Hr. Hark Westergard of ~ulbrxght & Jaworsk~, Bond Counsel, Dallas, Texas, spoke with Hr. Co[fey by ~elephone regarding these questions. He advised ,Hr. Cofiey Chat ~he underwriters for the new bond issue are Texas Commerce Bank and Chemical Bank. ~e referred Hr. Co[fay ~o ~be Counsel for ~he underwriters, Hr. Tom Spurgeon of HcCall, Parkhurst and Horton, Dallas, Texas for more detailed infoma~lon relative to ~he new bond ~ssue. Hs~ ~a~hryn Bryan, Execu~ive Director of ~iBher Education Servicing Corporation, Inc., ~hen addressed ~he above questions providing ~he amount of outstanding bonds for the 1982A and 198~A Bond Issues, a ~ortfollo Summary aa of Augus~ 31, 1987 which detaxled the student loan information requested, and the Authori~y's Audited Financial Statements [or ~he Years Ended 1985 and 1985. Ms. Bryan explained further car~a~n aspects of the student loan program. Relative ~o Hr. Coffe¥'s questions regarding the cost of issuance and request ~or a breakdown of costs, he was advised that the cost cannot exceed 2I of ~he bond ~ssue by law. Hr, Cof~ey was also provided with a lls~ of the Board of D~rectors of the Nortlh Texas Htgher Education Auchor~tM, Inc. along w~th the Audited F~nanc~al Statements for the Years Ended 198~ and 198~ of the Authorxt¥'s Servxc~ng Agent, Higher EducaClon Servxc~ng Corporation, Inc. 1916L RESOLUTION NO.~ A RESOLUTION NAMING THE NORTH LAKES PARK TENNIS CENTER "GOLDFIELD TENNIS CENTER" AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City intends to construct a public tennis and golf center for the benefit of the citizens of the City of Denton at the North Lakes Park, and WHEREAS, Alan and Shirley Goldfield have generously contri- buted Seven Thousand And Two Hundred Dollars ($7,200.00) to be applied to the construction of the North Lakes Park Tennis Center, and WHEREAS, the City of Denton recognizes the generous contri- bution of Alan and Shirley Goldfield and, in recognizing same, desires to name North Lakes Park Tennis Center "Goldfield Tennis Center" and Alan and Shirley Goldfield have requested that their name be used for the center; and WHEREAS, the City, in naming the center, retains full ownership, rights, and responsibIlIties for the center and the Goldfields recognize that naming the Center creates no ownership, rights, or responsibilities for them individually or jointly w~th respect to the center; and WHEREAS, the City agrees to allow Alan and Shirley Gold£xeld the r~ght to approve the initial s~gnage to be placed at the center that shall read, "Goldfield Tennis Center"; and WHEREAS, the City agrees that upon joint written request by Alan and Shirley Goldfield to the Parks and Recreation Department of the City of Denton, to remove their name from the center within thirty (30) days of the date of receipt of notification, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the City, upon the construction of a tennis center at North Lakes Park, hereby expresses its intention to designate said center the "Goldfield Tennis Center". SECTION II. That an appropriate sign be erected at the center, subject to approval by Alan and Shirley Goldfield, naming the center "Goldfield Tennis Center". SECTION III. That upon written notification by Alan and Shirley Goldfield, jointly, to remove their name from the center, the C~ty agrees to comply within thirty (30) days of receipt of notification. SECTION IV. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~/day of ~~.~, 1987. ATTEST: APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1991L RESOLUTION NO.~ A RESOLUTION ENDORSING PARTICIPATION BY THE CITY OF DENTON IN THE DENTON COUNTY AREA DISTRICT AS AUTHORIZED BY ARTICLE 1452e, VERNON'S TEXAS CIVIL STATUTES IN DENTON COUNTY, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton is a city that l~es within Denton County, and WHEREAS, an election for creation of a Denton County 9-1-1 Emergency District was held on August 8, 1987 to confirm the creation of the proposed District and to authorize the 9-1-1 emergency service fee to be charged at a rate of three percent (3%) of the local telephone service of the principal service provider; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the matters and facts recited in the preamble of this resolution are found and determined to be true and correct. SECTION II. That the City of Denton will become a participating jurisdiction of the Denton County Area Emergency Communication District pursuant to the provisions of the Emergency Communication District Act (Article 1432e, Vernon's Texas C~vll Statutes) with all the rights, privileges and duties as stated in said Act, particularly the charging and collecting of the 9-1-1 emergency service fee according to the terms of said Act. SECTION III. It is understood that as confirmed ~n the Referendum, the Denton County 9-1-1 Emergency District will be subject to public review every three (3) years, pursuant to Section 16 of the Emergency Communications D~strlct Act and that the continued existence or dissolution of the Denton County Area Emergency Communications D~strlct w~ll be effected only in accordance with the terms of said Act, or other controlling statute. SECTION IV. That this resolution shall become effective immediately upon its passage and approval. ATTEST J~IFERd~ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1917L RESOLUTION NO.~_~ A RESOLUTION ADOPTING STANDARDS OF SERVICE AS ASPIRATIONS AND GOALS TO BE ATTAINED FOR SERVICE AT THE EMILY FOWLER PUBLIC LIBRARY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Emily Fowler Public Llbrary is a public library of the C~ty of Denton, Texas; and WHEREAS, the City Manager and City staff desire that the Emily Fowler Public L~brary aspire to and seek to attain certain standards of service of the library and have prepared a statement of such standards; and WHEREAS, the City Council of the City of Denton believes that such standards are in the best ~nterest of the l~brary and the c~tlzens of Denton and desires that the l~brary aspire to and seek to attain those standards; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS. SECTION I. That the C~ty Council hereby endorses the attached Standards of Service for Emily Fowler Public Library. SECTION II. That this resolutlon shall become effective ~mmed~ately upon its passage and approval. PASSED AND APPROVED this the ~day of ~ 1987 ATTEST: C TY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY STANDARDS OF SERVICE FOR EMILY FOWLER PUBLIC LIBRARY DENTON, TEXAS GENERAL STATEMENT Publac libraries, through thear services and facllmtaes, contribute to the qualaty of lafe an the communities they serve. Thas document of standards wall assist the Emily Fowler Publmc Library mn ~valuating ars resources, services, and programs. A library committed to excellence wall help to enhance the quality of life for the cmtlzens of Denton. The users of the Emily Fowler Publmc Library deserve the highest quality service possible ~n order to fulfill their educational, informational, recrea- tmonal, and rehabmlmtatave needs. Hagh quality service ms dependent upon several factors' well-selected, well-mamntamned collectmons an adequate numbers; the availabilaty of qualifaed and enthusmastac personnel, convenment hours of servmce, an ~nvltmng physmcal facml~ty, easily accessable to all segments of the communaty; and financmal resources to meet the needs of the communmty served. In 1983, the Texas Library Assocmation adopted the document "Standards and Gumdelines for Texas Publac Libraries." (A publmc labrary is defaned as a lmbrary operated by a smngle publmc agency or board that ms freely open to all persons under identmcal condations and that receives mts financmal support mn whole or in part from public funds.) The professaonal staff of the Emmly Fowler Public Library endorses, by consensus, this statement of standards as provading the basms for a hagh quality of labrary service. The standards presented in this document contamn both qualmtative and quantitative elements. They represent standards proposed and formally adopted for public llbrarmes servmng a population base of 50,000-99,999. Drawn prm- marily from the Texas Library Assocmation standards, they have been supple- mented by standards directly related to the communmty of Denton and other documents adopted by professional assocmations at the natmonal and state levels. In several instances, standards are based upon the prowsaons of acts, statutes, and ordinances at the Federal, State, and local levels. STANDARDS OF SERVICE Emily Fowler Public Library Page -2- ADMINISTRATION This division administers and supervises all library actmvit~es. Further- more, mt is responsible for insurmng that the library meets the standards for accreditation as set forth in the Texas Lmbrsry Systems Act. Of particular importance in thms regard is the adminlstratmon's responsmbility to demon- strate, annually, to the Texas State Library effort by the cmty of Denton to maintain or increase library funding levels or per cap~ta expendmtures. This d~vision also serves the public and staff through close cooperation with and support to/from the d~fferent departments wmthin the City as a whole. Standards 1. The staff shall mmplement and monitor l~brary programs, 2. Prepare annual budgets and monitor expenditures, 3. Plan for capital ~mprovements, 4. Promote the integration of lmbrary programs mnto the communmty, 5. Maintain pertmnent records and files and prepare necessary reports, 6. Develop library growth in conjunction wmth local, regmonal, state, and natmonal organmzations and agencies; 7. Accept, acknowledge, and record gifts and donatmons, and 8. Investigate and coordmnate efforts to inform the community about the resources, services, and programs the library provmdes, utmliz~ng local and regional medma. 9. Provismon of adequate services is based on an $18 per capmta support. 10. Provision of excellent serwce is based on ~25 per capita support. 11. Adequate serwce requires a staff equal to one per 2,000 people in the population served, w~th professmonal l~brar~ans equal to one per 10,000 people. ("Professional librarian" means a staff person holding a Master's degree from an ALA-accredited program.) 12. Excellent servmce requires a staff equal to one per 1,500 people ~n the population served, with professional librarians equal to one per 8,000 people. 13. Personal and professional demands requmre lmbrar~ans with a broad general education, appropriate subject knowledge, and special~zed skills; with the capacity to interpret and achmeve mnstitutional objectives; and with a commitment to patron needs. STANDARDS OF SERVICE Emily Fowler Public Library Page -3- 14. The library shall be under the direction of a professional librarman. Additmonal professmonals shall head each of the following areas services for children; services for young adults, servmces for adults, organization and control of matermals; reference/informatmon servmces, and subject areas as appropriate. 15. Personnel from dmscmplines other than librarmanshmp shall be utmlmzed ss needed to support or implement lmbrary services and programs. 16. All staff positmons shall be filled by persons wmth the qualifications and skills necessary to discharge themr dutmes and responsmbilitmes. 17. Salaries should be sufficient to attract and hold qualifmed personnel at all levels. 18. Professional lmbrarman salaries should be competmtmve and comparable with salarmes pamd other professmonals wmth s~mmlar job responsmbmli- ties and educatmonal preparation. 19. Nonprofessmonal salarmes should reflect local pay scales for smmmlar work. 20. An adopted pay scale based on a posltmon classmfmcetmon plan should provide equmtable compensatmon for the same levels of responsibmlmty. 21. The library adm~nistratmon shall be con~itted to contmnuo~s personnel development, provmding both mncentmves and opportunmtmes. 22. Staff at all levels should be provmded w~h approprmate ~n-servmce training and have the right to partmcipate mn contlnumng education opportunitmes. Such opportunitmes should ~nclude course work, work- shops, mnstitutes, and professmonal conferences at regmonal, state, and national levels. 23. All lmbrary and dmvmsion staff meetings shall be held at established mntervals and wmth adequate notice. 24 An open door polmcy must exmst on all levels to expedite the handlmng of questions and the resolving of problems related to job respons~bmlm- ties, performance, etc. 25. All staff should have conditions of employment which contrmbute to job satisfactmon, hmgh morale, and effectmve performance. 26. All staff shall be g~ven the opportunity to partmcmpate mn the draftmng or revmsmng of lmbrary personnel pol~cmes and procedures. STANDARDS OF SERVICE Emily Fowler Public Library Page -4- 27. Manuals of approved lmbrary personnel polmcmes and procedures must be avamlable mn the admmnistratmon office and mn each dlvmsmon of the lmbrary 28. Each staff member shall receive a staff manual contamnmng essentmal · nformatmon for lmbrary employees. 29. Employment should provide opportunity for advancement 30. All employees must work withzn a posmtzon classification plan with clearly defmned and differentiated job requmrements, dutmes, and responsmbllmties. 31. A wrmtten sob description shall ex~st for all posmtmons withmn the lmbrary. 32. A written performance evaluatmon shall be made of each employee accordmng to adapted procedures and at establmshed mntervals. 33. Written procedures should exmst whmch protect all staff members agamnst demotion or term~natmon without adequate cause and due process. 34. To provide adequate service the library shall be open 60 hours per week 35. To provide excellent service the lmbrary shall be open 72 hours per week. 36. The physical facmlitmes shall reflect the library's service phmlosophy and mts program of service. 37. To provmde adequate service, the smze of the lac~l~ty shall equal .75 square feet per person in the population served 38 To provmde adequate publmc parking adjacent to the lmbrary, ten parkmng spaces shall be provided plus one space for every 300 square feet of floor area mn the building. 39. Adequate staff parking equal to one assigned space per staff member should be provmded adjacent to the bu~ldmng. 40. Access to and use of the facmlmty shall be in adherence with current acts, standards, etc., adopted by local, state, and Federal government agencies. 41. The library bumldmng shall be effmcment, flexmble, and expandable. STANDARDS OF SERVICE Emily Fowler Public Library Page -5- 42. The areas of the library that readers use most frequently shall be located for publmc convenience and mn functmonal relatmonshlp to permit eoonommc operatmon and ease of supervmslon. 43. Public and private space which is appropriate for the indlvmdual needs and group actmvmt~es of children, young adults, and adults shall be provided. 44. A multmpurpose room may be provmded for programs and group meetmngs, complete with auxmliary storage, audmo-vmsual equlpment/operatmon space, and s kmtchenette. 45. Work areas separate from the public area, wmth desmgnated work stations and adequate storage, should be provided for professional publmc service staff. 46. Space shall be adequate to accommodate a vsriety of matermal formats. 47. Furnmshmngs shall be suitable in desmgn and comfort for the age group using them. 48. Flexmbmllty shall exmst to accommodate present and future technologmcal developments, e.g., the implementatmon of a computer based library catalog and the use of technology for database searching. ADULT SERVICES Thms divmsmon has three major responsmbmlmtmes to provmde print and non- prmnt resources for adult patrons, to provide reader guidance to meet the mnformatmonal, educatmonal, recreational, and rehabllmtative needs of adults, and to plan and sponsor services and programs for adults and agencies withmn the community. In additmon to staffing the Readers' Advmsor desk, Adult Servmces staffs the Informatmon desk, which acts as the lmbrary's mamn switchboard. This division provides a major service for patrons mn the lmbrary by lmnkmng their needs with the appropriate service unmts. Standards 1. Materials purchased ior the l~brary's collectmons must meet the cfm- terms included in the library's wrxtten selectmon policy approved by the Denton City Councml, November 22, 1984. STANDARDS OF SERVICE Emily Fowler Publmc Lmbrary Page -6- 2. Gmft matermals added to the collectmons must meet the crmteria mncluded mn the library's wrmtten selection polmcy. The dmsposmtmon of gift matermals wmll be determined wlthmn one week of their being recemved by the library. 3. A balance of local tastes and mnterests, mncludmng the needs of ethnic and lingumstmc mmnormties, shall be the prmmary factors mn determmnmng the scope of the lmbrary's collections. The end result will be collectmons which preserve the best of the past, offer the best of the present, and reflect changes mn adult readers' interests and in socmety. 4. The number of currently useful books shall be at least two volumes per capmta for an adequate collectmon and four volumes per capmta for an excellent collection. 5. The lmbrary shall own or rent duplmcate copmes oi those fmctmon and nonfiction books which are mn current and constant demand, e.g., best sellers, and TV/motmon pmcture tle-mns. 6. The lmbrary shall provide current relevant material for browsers, readers for pleasure, and those wmth ~nterests of a popular kmnd. 7. The library's fiction collection shall include the mamn lmterary classmcs by Amermcan writers and major foreign authors. 8. The retrospective fmctlon collectmon should contain two copmes of each tmtle included in the Fmctlon Catalg~, latest edmtmon, and mts supplements. 9. The lmbrary's nonfmction collectmon should mnclude a comprehensive collectmon of standard works mn all fmelds. The depth of coverage mn each fmeld wmll be related to potentmal demand wmthmn the area. 10. The retrospectmve nonfiction collection should conta%n one copy of each title mncluded mn the Publmc Lmbrar~ Catalq$, latest edmtmon, and mts supplements ll. The library shall provide professmonal reader guidance to meet the mnformational, educational, recreational, and rehabmlmtatmve needs of the adult populatmon. 12. The lmbrary shall provide a reserve ("hold") servmce for patrons seeking books which are not in the lmbrary at the time they are needed. 13. The library shall be able to procure matermals for readers wmth specialized needs through the mnterlmbrary loan network. STANDARDS OF SERVICE Emily FowLer Public Library Page -7- 14. The library's adult collections shall be housed mn such a way that they are freely available to the library's publmc. 15. The library must recognize that the preferred format of readmng material for some adult readers is the paperback book. A paperback collectmon of tmtles by popular authors of mystermes, Westerns, science fiction, current fmction, and selected nonfiction areas ms essential to meeting the needs of these adults. 16. The periodical collection should contain at least one perlodmcal sub- scription, mnclud~ng duplicates, for each 200 persons mn the servmce 17. Back files of permodmcals shall be mamntained mn the most econommcal and useful format available to the hbrary. 18. Local, regmonal, and national newspapers shall be mncluded mn the library's collectmon of materials for adults. 19. Some adults w~th sophisticated interests may not excel mn reading. High interest-low vocabulary materials should be provmded for adults who speak Englmsh as a second language, for the adult new reader, and for other adults with limited reading skmlls 20. The library must recognize that some adult ~eaders find mt diffmcult or mmpossmble to read normal prmnted text as found in books, magazines, and newspapers; therefore, large-prmnt titles mn fmctmon and nonfiction should be provided for visually impamred patrons. 21. The resources of the National Library Serwce for the Blind and Physm- cally Handicapped network, avamlable through the Texas State Library, shall be used for the provismon of "talkmng books" and matermals mn Braille. 22. In many ~nstances, audio-visual materials rather than prmnt materials are a more effective means of meetmng the needs of adult patrons Audto-vmsual materials must not be regarded as luxury mtems, they are essentmal for success in meeting the varied needs of adults. Such collections shall include audio recordmngs (dmscs and cassettes), video cassettes, and 16mm films. 23. The disc and cassette audio-recording collection should contamn a minimum of 1,O00 items; thereafter, one dmsc or cassette should be p~rchased for every ten people mn the servmce area. STANDARDS OF SERVICE Emily Fowler Publmc Lmbrary Page -8- 24. Ten percent of the library's dmsc and cassette audlo recording collection should consist of nonmusical items. 25. The basic wdeo cassette collection should contain a mmnimum of 150 prerecorded cassettes. 26. The library shall provmde, or contract for, access to a 16mm f~lm collectmon, wmth a mmnimum of 1,O00 prmnts. 27. The library shall provide, or contract for, access to add~tmonal vmsual materials (art reproductions, filmstrmps, etc.) in suffmcment quantity to meet patron demand. 28. The library shall maintamn a collection of vertical fmle matermals (pamphlets, clmpplngs, etc.) of current and/or local znterest, materials shall not be retamned for more than three years unless themr continued value warrants keeping them. 29. Materials must be withdrawn permodmcelly from all collections, usmng established crmteria and procedures. 30. Statmstics shall be used, as approprmate, for determining areas to be developed mn the collection. 31. The lmbrary shall provmde access to materials, servmces, and programs to groups, organmzations, and agencmes within the communmty, such aocess may be provmded within the lmbrary, outside the lmbrary, or in conjunction wmth other agencmes. 32. The lmbrary recognmzes the needs of specmal populations withmn mts communmty. Such populations might include ethnic and lingumstlc mmnor~t~es, the functionally mlliterate, the physically and mentally mmpamred, the framl elderly, and the homebound. Add~tmonal special populations include those found in retmrement communitmes, hospmtals, nursing homes, and jails The lmbrary should provmde access to materials, services, and programs to meet the needs of these populatmons, such access may be provmded withmn the lmbrary, outside the library, or mn conjunction wmth recreatmonal and socmal service agencies within the community. 33. The lmbrary shall play a role mn the cultural and socmal well-bemng of the communmty it serves. Cultural and socmal activities, formal or informal in presentation, shall be sponsored by the library or mn cooperatmon with other agencies ~n the community. Such activities STANDARDS OF SERVICE Emily Fowler Public Library Page -9- mmght mnclude exhmbits, lectures, dmscussmon groups, fmlm showings, concerts, recmtals, and readmngs by authors and poets. 34. The library shall mnform mrs community about the resources, servmces, and programs mt provmdes through such publmc relatmons avenues as dms- plays, book lists, newspaper features, radio or television. REFERENCE AND SPECIAL COLLECTIONS Thms divmsmon staffs the Reference and nonfmctmon desks. It performs person and telephone reference, locates and borrows materials for patrons not owned by the lmbrary, conducts limmted research via the local h~story collec- tion for maml requests, and maintains the special co~lectmons. Specmsl Collections mnclude the Genealogy (books, magazmnes and mmcrofilms for use mn genealogmcal research), the Texas and Denton, Texas (matermals on state and local h~stormes), and the Munmcipal (c~ty government and professional matermals) collections. Standards 1. The divmsmon shall provmde materials and equmpment needed lo answer personal, busmness, and school-related questions of the community of Denton. 2. The staff of this dmvismon shall provmde ~nstructmon and assmstance in the use of ~ts matermals and equipment. 3. Telephone servmce shall be provmded during all hours of operatmon. 4. The dmviszon shall switch to the on-line format for materials avamlable on databases. 5. One-third of the Reference collectmon should be updated each fmscal year. Preference ms given to purchasmng those materials wmth annual revisions. 6. One hundred new titles should be added to the Reference and specmal collectmons each year. 7. One set of bookmarks, leaflets, etc. shall be dmsseminated each year to build communmty awareness. 8. The Business Information shall be mailed four times a year to contmnue awareness of library materials in the busmness communmty. STANDARDS OF SERVICE Emily Fowler Public Library Page -lC- 9. Quick and easy access to matermals or mnformatmon not available mn- ho~se shall be provmded through interlmbrary loan or referral to another source. lC. Output measures shall be used to determmne areas to be developed in the collections. ll. The staff shall accept responsibility for producing accurate up-to-date answers quickly, mmpartially, and--where approprlate--confidentmally. 12. Bibliographies and suggested reading lxsts shall be compiled on request for a reasonable fee. 13. Effective reference and information services shall be avamlable at all times when the library ms open. 14. The division shall gmve advice on the use and understanding of sources but not on themr mnterpretation. When necessary, inquirers shall be referred to appropriate speciahsts, the estabhshed polmcy on providing legal, medmcal, and city directory informatmon over the telephone must be followed. 15. The divmsmon shall accept mnqumries by post or telephone as well as by personal visits. YOUTH SERVICES This dmvision provides matermals and servmces to chmldren, young adults, parents, and others mnterested in youth materials. The staff plans and presents programs to children from ages 18 months to 15 years, selects and mamntains the collection, selects print and nonprint materials, and mamntamns the catalogs. In these standards, the terms "chmldren" are those in preschool to grade 3 (bmrth to ages 8 to 9); "young adults" are those in grades 4 through 9 (ages 9 to 15), and "young people" includes both children and young adults as pre- vmously defined. Standards 1. Young people shall be treated with respect and afforded the same rights, privacy, privileges, and responsibmlmties as adult patrons. 2. Materials added to the lmbrary's collections must meet the crmteria mncluded in the library's written selectmon polmcy approved by the Denton City Council, November 22, 1984. STANDARDS OF SERVICE Emily Fowler Public L~brary Page -ll- 3. The children's materials collection shall preserve the best of the past, offer the best of the current, and reflect changes ~n children's · nterests as well as changes ~n society. 4. Books provided for children shall be produced to the highest standards of writing, illustration, and production, thus encouraging an early appreciation of books themselves as well as of their contents. 5. The children's book collection should include p~cture books and simple stories; imaginative literature for each age group, especially designed to be attractive to children, factual and s~mple discussion books on all subjects and at appropriate levels, attractively presented to arouse ~nterest and encourage children to explore new fzelds, and d~ct~onaries, encyclopedias, indexes, and other reference books designed especially for children. 6. The retrospective f~ct~on and nonfiction collections should contain one copy of each t~tle ~ncluded in the H.W. Wilson catalog ser~es (Children's, Junior H~gh, and H~h School, latest edition and supple- ments). The t~tles so listed shall be checked against the library's holdings within one month of the catalogs' arr~va~ at the library. 7. The collection should contain a minimum of four cop~es of standard and classic children's titles, ~ncluding easy p~cture books. 8. The compact and convenient s~ze of paperbacks has great appeal to young adults. Therefore, a paperback collection of titles suitable for and of interest to young adults shall be provided. 9. Some young adults wmth sophisticated ~nterests have reading problems. H~gh ~nterest-low vocabulary materials and those appropriate for young adults who speak English as a second language should be prowded for these users. lO. The Youth Services staff shall provide professional reader guidance for children, young adults, and their parents appropriate to their ~nforma- tional, educational, recreational, and rehabilitative needs. ll. Output measures shall be used to determine areas to be developed ~n the collection. 12. Materials w~ll be discarded according to wear, obsolescence, and mutilation. STANDARDS OF SERVICE Emily Fowler Public Lmbrary Page -12- 13. Magazines should he provided for various age groups. Indexes to these matermals should also be provided. Back fmles of magazines should be maintained as long as they are in demand or provide useful information. 14. The audio-visual collection should contamn matermals of appeal to young people of dmfferent ages. Such matermals should mnclude sound record- mngs and cassettes (music and spoken word), video cassettes, fmlm- strips, 8mm and 16mm films, and computer software. 15. The toy collectmon should mnclude puzzles (wooden and plastmc), games, toys to stmmulate mnfant development, and toys to stmmulate development mn older preschoolers. 16. Youth Servmces shall sponsor programs approprmate to chmldren and their parents (e.g., story hours and puppet shows) and presentatmons which reflect the varmed interests, concerns, and enthusmasms of young adults (e.g., booktalks, movme showings, and presentatmons by artmsans and entertainers). 17. Programs shall be desmgned to attract chmldren to the library and to · ts materials. 18. Program content shall focus upon hmgh qualmty lmterature presented mn a varmety of ways. 19. Family night programs shall be presented one nmght a week throughout the year. 20. Summer programs for school-age children shall be scheduled a m~nimum of ten weeks from May through August, 21. The Youth Services division shall partmcipate mn the summer reading program sponsored by the Texas State Lmbrary. 22. Extra programs shall be scheduled for school-age children during school holidays and vacatmons. 23. The Youth Servmces divismon shall sponsor activitmes of specmal interest to young people, e.g., the annual bear parade, partmcmpation mn selecting the Bluebonnet Award, creatmve wrmtmng contests, and hobby exhibmts. 24. Young people shall be introduced to the library and its arrangement and instructed mn its use. Thms mntroduction and instructzon shall be appropriate to individual age levels and may occur on a one-to-one basis or during vmsmts by school classes. STANDARDS OF SERVICE Emily Fowler Publmc Library Page -13- 25. Instructmon and gumdance mn research skmlls (organmzmng matermals, making effectmve use of reference ~nformatlon, and choosmng approprmate resources) shall be provided as requmred. 26. Young adults shall be mnvolved in planning and undertaking programs and activitmes sponsored by the Youth Services dmvmsion. 27. A Teen Advmsory Board shall advlse the Youth Lmbrarman on actmvities and programs for their age group and promote matermals and actmvities sponsored by the library. 28. The Youth Services dmvision shall mamntamn a close l~aison wmth the public and prmvate schools and daycare centers mn seeking to meet the needs of young people and in planning programs and actmvmt~es for them. 29. Youth Services librarians shall be specmally equmpped through experm- ence, course work, or contlnumng educatmon offermngs to work wmth young people and be both knowledgeable about and responsive to thezr specmal needs. 30. High qualmty service shall be provmded by the Youth Servmces dmvmsmon at all tmmes when the library ms open 31. The Youth Servmces dmvision shall be housed mn an area separate from Adult Services. The area shall be a clearly mdentmf~ed and mntegral part of the entire lmbrary. 32. Furnishmngs shall be sumtable mn desmgn and comfort for the age groups making use of them. Shelf hemght for pmcture books must not exceed 42 inches. For standard books, shelf hemght must not exceed 60 mnches. 33. Display facilitmes such as bulletin boards, paperback and magazine racks, record bins, toy and cassette d~splay unmts, and lmghted exhmbmt cases shall be available. 34. A separate area or room should be provmded for children's programs and group meetings, complete wmth auxmhary storage and audio-vmsual equipment/operatmon space. The furnmshmngs (chamrs, tables, etc.) should be approprmate to the physmcal needs of young people. 35. The Youth Services dmvision shall use a variety of approaches to mnform the community about its resources, servlcss, and programs in order to create maxmmum use by the community. 36. The Youth Services divmsion shall publmsh a quarterly newsletter. 37. A minimum of two bookmarks per year shall be available for dmstr~bution. STANDARDS OF SERVICE Emily Fowler Public Lmbrary Page -14- 38. Activities and services shall be promoted through in-house posters and flyers and mass media such as newspapers, community newsletters, radio, or television. 39. The youth lmbrarlans shall cooperate with the Denton Independent School District, other public and prmvate schools, and youth-related community ~nstitutions and organizations in providing information about resources, programs, and servmces for children on a regular basis. 40. Information about programs and activmtmes for young people shall be distributed to appropriate community groups, e.g., parent-teacher organizations, and Scout councils. SUPPORT SERVICES/CIRCULATION CONTROL Thms division is responsible for registering patrons, provmdmng library cards, charging out and checking in matermals, maintaining files of overdue materials, notifying patrons of overdue matermals, collecting fmnes, reshelving books, automating circulation, and greetmng all library patrons in s positive, frmendly, and courteous manner. Standards 1. The staff will maintain accurate and up-to-date patron fmles and records; 2. Charge out all materials quickly and accurately, 3. Clear returned materials promptly from the patron's record and have these materials reshelved the same day, 4. Seek the effic~ent return of overdue materials and handle these error-free; 5. Explain lmbrary policies and procedures thoroughly to new users; 6. Provide circulation statistics to other units to amd in their collection development; 7. Keep materials in good condition by repairing and cleaning as needed, a~d begin deletion procedures for those items that are damaged and cannot be replaced. STANDARDS OF SERVICE Emily Fowler Public Library Page -15- SUPPORT SERVICES/TECHNICAL PROCESSING This division is responsible for ordermng, receiving, cataloging, and processing new materials for the library, preparing card sets for the public catalogs, mamntaining the card catalogs; and mamntain~ng the materials owned by mendlng them or sending them to the bindery. Standards 1. The staff will Bataphone orders to Baker and Taylor wlthln eight hours of the receipt of the order cards; 2. Check invoices against the content of the order and "slip" (pull on- order slip and put ~n material) within eight hours of the order's arrival; 3. Give priormty to the cataloging and processing of newly published print materials; 4. Catalog, process, and deliver for cmrculatlon newly published fmctlon print materials wmthmn 24 working hours (three days) of receipt, 5. Catalog, process, and delmver for circulation newly publmshed non- fiction print materials within 48 workmng hours (slx days) of receipt; 6. Catalog, process, and deliver for olrculat~on newly published audmo- visual materials, videocassettes excepted, within 96 workmng hours (twelve days) of receipts 7. Catalog, process, and deliver for circulation videocassettes w~thmn 24 working hours (three days) of recempt, 8. Catalog, process and add gift materials to the collections as rapidly as possible given previously stated standards, the availability of catalog copy, and the need for the material, 9. Keep the computer files, the shelf lmst, the on-order f~le, and the publishers' code file accurate and up-to-date, lO. Withdraw items systematically from the collectmons so that the computer files and the shelf list accurately represent the l~brary's holdings; ll. Coordinate the mdentlfying and sendmng of books to the bmndery quarterly; and 12. Reprocess rebound books within 48 working hours (six days) after their receipt from the bindery. STANDARDS OF SERVICE Emmly Fowler Public Lmbrary Page -16- Sources. Denton Public Library. Policmes and Procedures Manual. Denton, Tex.. the Lmbrary, 1982. New York Lmbrary Assoclatmon. Youth Services Section. Task Force on Standards for Youth Services. Standards for Youth Services ~n Publmc Lmbraries of New York State. New York. New York Lmbrary Assoclatmon, 1984. Northeast Texas Library System. "Standards for a Llbrary Materials Collection." Dallas, Tex.: the System, 1977. Ohmo Library Assoclatmon. Interim Standards for the Publzc Lmbrarmes of Ohio. Columbus, Ohio Ohmo Library Assocmation, 1979. Publmc Library Association. Audiovmsual Committee. Recommendations for Audio- visual Materials And Services for Small and Med~um-sized Public L~brar~es. Chicago: American Library Association, 1975. Public Lmbrary Assocmat~on. Goals, Gumdel~nes, and Standards Committee. The Publmc Llbrar~ Mlsslon Statement and Its Imperatmves. for Service. Chicago. American Lmbrary Association, 1979. Texas Lmbrary Association. Public Library Dmvmsmon. "Proposed Texas Lmbrary Association Standards and Guxdelines for Texas Publmc Librarmes 1983." 1983. Texas State Lmbrary. Library Development D~v~sion. Texas Library S~stems Act and Rules and Resulations for Admmnmstermng the Librar~ Systems Act. Austmn, Tex.: Texas State Library, 1982. 0169h 073087 1978L RESOLUTION NO. ~_~-O~.~l A RESOLUTION SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. On the ~'day of~, 1987, at 7 00 o'clock P. M. in the Clty~ncll Chambers of the Municipal Build- ing of the C~ty of Denton, Texas, the City Council will hold a publxc hearing g~vlng all interested persons the r~ght to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described in Exhibit "A" attached hereto and ~ncorporated by reference here~n. On the ~ day of ~, 1987, at 7 00 o'clock P.M. in the City Council Chambers of the Municipal Bulld~ng of the City of Denton, Texas, the City Council will hold a public hearing giv- ing all xnterested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described in Exhibit "A" attached hereto and incorporated by reference herein. SECTION II. The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause not~ce of such public hearings to be published once in a newspaper having general circulation ~n the C~ty and in the territory described in Exhibit "A" not more than twenty days nor less than ten days prior to the date of such public hearings, all ~n accordance w~th the Municipal Annexation Act (Article 970a, Vernon's Texas Civil Statutes). SECTION III. Th~s resolution shall be in full force and effect immediately following ~ts passage and approval. PASSED AND APPROVED this the ~day of ~, 1987. ATTEST APPROVED AS TO LEGAL FORM' DEBRA ADA~I DRAYOVITCH, CITY ATTORNEY EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land that is situated in the A. Gibson Survey, Abstract No. 498, Denton County, Texas, being a portion of a certain (called) 116.054 acre tract deeded by John Maeckle to Fort Worth Savings ~ Loan Association on the 14th day of February, 1973 and recorded in Volume 660, Page 132, Deed Records of Denton County, Texas, and being more fully described as follows BEGINNING at the Southwest corner of Forrestrldge Addition, Phase II, THENCE South 85°32'05" East a distance of 1114.79 feet to an iron pin in the West rlght-o£-wa¥ of Forrestrldge Drive, THENCE South 04°41'05" East a distance of 6.90 feet to an iron pin in the West right-of-way of said Forrestrldge Dr~ve, THENCE North 89°51'55" East a distance of 230.20 feet to an iron pin, also being the Southeast corner of Forrestrldge Addition, Phase II; THENCE South 00°37'31'' West a distance of 801.72 feet to an iron pin; THENCE North 89°28'51" West a distance of 220.49 feet to an iron pin, THENCE North 00~31'09'' East a d~stance of 65.59 feet to an iron pin, THENCE North 85°32'05'' West a distance of 1120.$0 feet to an iron pin, THENCE North 00~16'~7'' East a distance of 741.98 feet to the po~nt-o£-beglnnlng and containing 23.126 acres of land. 1978L NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT The City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of said City to add the territory described in Exhibit "A", attached hereto and incorporated by reference herein, to the corporate limits of the City of Denton. A Public Hearing will be held by and .~efore the Clt~ Council of the City of Denton, Texas, on the .~_ day of t~)t,~ , 1987, at 7'00 o'clock P. M. in the City Council Chambers of the Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such persons shall have the right to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice A Public Hearing will be held by and before the ~lty CoRnc~l of the City of Denton, Texas, on the .~_~ day of ~, 1987, at 7.00 o'clock P. M. in the City ~ouncll Chambers of the Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation At said time and place all such persons shall have the right to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice ATTEST: JEJ~IYER~?I~ALTERS, CITY SECRETARY A-53 EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land that is situated in the A. Gibson Survey, Abstract No. 498, Denton County, Texas, being a portion of a certain (called) 116.0S4 acre tract deeded by John Maeckle to Fort Worth Savings ~ Loan Association on the 14th day of February, 1973 and recorded in Volume 660, Page 132, Deed Records of Denton County, Texas, and being more fully described as follows BEGINNING at the Southwest corner of Forrestrldge Addition, Phase II, THENCE South 8S°52'05'' East a distance of 1114.79 feet to an iron pin in the West right-of-way of Forrestrldge Drive; THENCE South 04°41'05'' East a distance of 6.90 feet to an iron pin in the West r~ght-of-way of said Forrestrldge Drive, THENCE North 89°51'55'' East a distance of 230.20 feet to an ~ron p~n, also being the Southeast corner of Forrestr~dge Addition, Phase II, THENCE South 00°37'51'' West a distance of 801.72 feet to an iron pln, THENCE North 89°28'S1'' West a d~stance of 220.49 feet to an iron pin, THENCE North 00°51'09'' East a distance of §5.59 feet to an ~ron pin; THENCE North 8S°52'05'' West a distance of 1120.S0 feet to an ~ron pin, THENCE North 00°16'57'' East a d~stance of 741 98 feet to the point-of-beginning and containing 25.126 acres of land. 2021L RESOLUTION NO.~ A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF DIRECTORS OF THE DENTON COUNTY APPRAISAL DISTRICT. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES. SECTION I. That the City Council of the City of Denton, Texas, hereby ratifies the action taken at the Council meeting of October 6, 1987 nominating Dmrw~n "Ch~p" Sargent to be a member o£ the Board of Directors of the County ~de Appraisal D~str~ct for the County of Denton, Texas. SECTION II. That th~s resolution shall become effective from and after its date of passage. PASSED AND APPROVED th~s the/3~day of-- ~~, 1987 RAY STePHeNS, ~AYOR ATTEST' JE~FER/~ALTERS, CITY SBCRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2037L RESOLUTION NO.~'~ A RESOLUTION TEMPORARILY CLOSING EAGLE NEST COURT ON OCTOBER 25, 1987, AND DECLARING AN EFFECTIVE DATE. WHEREAS, Paul Harris has requested that Eagle Nest Court at its ~ntersectlon with Longmeadow Street, public streets w~th~n the corporate limits of the City of Denton, Texas, be temporarxly closed to public vehicular traffic between the hours of 4'00 p.m to 8:00 p.m. on October 25, 1987, for the purpose of having a community get acquainted party; and ~HBREAS, Paul Harris has further assured the City Council that all residents ~n such block have agreed to the temporary closing of Eagle Nest Court, NON THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That Eagle Nest Court at ~ts ~ntersectxon w~th Longmeadow Street, public streets ~n the corporate l~mlts of the Cxty of Denton, Texas, be temporarily closed to vehxcular traffic from the hours of 4:00 p.m. to 8:00 p.m. on October 25, 1987, for the purpose of have a community get acquainted party. SECTION II. That the C~ty Manager shall d~rect the appro- priate City department to erect barricades at the ~ntersect~on of Eagle Nest Court and Longmeadow Street at 4 00 a.m. on October 25, 1987, and to have the same removed at 8 00 p.m. on sa~d date. SECTION III. That th~s resolution shall become effective ~mmediately upon ~ts passage and approval. PASSBD AND APPROVED th~s the~ay of October, 1987. ATTEST' JE~IFBR ~LTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1994L NO. A RESOLUTION SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. On th t d a c nc of i987, at 7.00 o'clock P. M. in the Cha~~ Municipal Build- lng of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the r~ght to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described ,n Exhibit "A" attached hereto and incorporated by reference herein. On the /~day of ~~_, 1987, at 7.00 o'clock P.M. in the City Council Chambers d~'-fhe Municipal Building of the City of Denton, Texas, the City Council w~ll hold a public hearing glv- lng all Interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described in Exhibit "A" attached hereto and incorporated by reference herein. SECTION II. The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such public hearings to be published once in a newspaper having general circulation in the City and in the territory described in Exhibit "A" not more than twenty days nor less than ten days prior to the date of such public hearings, all in accordance with the Municipal Annexation Act (Article 970a, Vernon's Texas Civil Statutes). SECTION III. This ordinance shall be in full force and effect Immediately following its passage and approval. ATTEST ~ALTERS, CITY ~ECRETAR~ APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY EX}tlBI! "A" ALL that certain lot, tract or parcel o~ land lying and being situated in the County of Oenton, State of lexas and being part o~ the O. Clayton survey, Abstract No 221, O. Lamar survey, Abstract No 754, M. McBride survey, Abstract No. 804, and more fully described as follows. BEGINNING at the soutlleast corner oX a tract of land described in a deed to R~chard W. Ragsdale, et al irom Frank N Mart~no, et al dated October 2, 1975 and recorded ~n Volume 759, Page 879 of the b R b.fi.T., said point also lying in the m~ddle of a channel of Elm Fork of the Trinity R~ver, sa~d point also lying in the soutt~ boundary l~ne of sa~d J Clayton survey, THENLE north 87° 41' 10" west along the south boundary line oi sa~d Ragsdale tract and the south boundary line of sa~d survey, passing the northeast corner of the tract described in Ordinance XXXXX of the present c~ty l~m~ts and continuing for a total d~stance o-~00.82 feet to a point lying 4,469.42 feet east of the southwest corner of sa~d Ragsaale tract, and ~n the present city llmlts l~ne for corner, ~HENCE north, passing at 725.O feet, more or less, the centerl~ne oi sa~d Elm Pork channel, sa~d centerl~ne being an east boundary l~ne of said Ragsdale tract, same being a west boundary l~ne of the Second Tract of land described ~n a deed to ~ b ~odges et ai irom George W. Lowther et al dated January 14, 1942 and recorde¢l in Volume 295, Page 182 of the b.R b L 1., passing at 1,350 0 ieet, more or less, said center line Of ~lm Eork, same being the nolt~l boundary line of sa~d Second lract, same ae~ng the south boundary line oi said Ragsaaie tract a distance oi 2,0Z9 0 ieet to a point for corner, 1HENC~ north 33o 34' 21" west a d~stance of 2,~80.87 ~eet to a point lying ~n the nort~ boundary line o~ sa~d Ragsdale tract, ~ald point lying 2,~75 0 ~eet, more or less, east o~ the northwest corner o~ sa~d Ragsdale tract, same being the sout~ boundary line o~ a tract described ~n a deed to $ M ~ R, from Mlchael C Ramos, Trustee dated March 9, 1977 and recorded ~n Volume 825, Fage 937 o~ tile b R b C.T for corner, THENC~ north 87° 21' 10" west along the north boundary l~ne of tile sa~d Ragsdale tract, same being t~e south boundary line of sa~d ~ M ~ R tract a d~stance o~ 834.06 feet to a point for corner, THENCE north 0° 32' 35" east, passing at 2,400 feet, more or less, the north boundary l~ne o~ said 5 m ~ R tract, sa~d point lying 1800 0 feet east o~ the northwest corner oX said 5 ~ ~ R tract, same being the south boundary line o~ a tract described in a deed to Oliver A. F~elds from S~d Pora et al dated May 3, 1937 and recorded ~n Volume 265, Page 304 of the b.k.b L T , a d~stance ot 3,4~Z ~3 feet to a point lying ltl the center line of F M 428 for corner, A-Si Page 2 IHhNCh north Z0° 50" east, passing at 607 66 ieet, more or less, the north boundary line of said Fields tract, said point being 1,975 feet east of the northwest corner of said klelds tract, same being the south boundary line of Tract o described in a deed to R Venable from ~4s Comette ~oodrum et al dated October 16, 1959 and recorded in Volume 450, Page 655 of the b.R O C T said point also lying in the north boundary line of said O Clayton survey, and ttle south boundary line of said J. Lamar survey, continuing for a total distance of 2,72o.19 feet to a point lying in tile north boundary line of said Venable Tract b, said point lying 2,119 Oo feet east the northwest corner of said Tract b, same being the south boundary line of Tract 3, described in said deed to R H Venable for corner, said point also lying in the north boundary line of said J Lamar survey and the soutll boundary line oi ~ald Pl. McBride survey, THENCE north SI° 17' 01" east a distance of 5,072.29 feet to a point lying In the north boundary line of said lract 3, said point lying 3,970 0 feet west of the northwest corner of said ~ract same being the south boundary line ota tract described in a deed to Perman O Smith from Charlle May Maddln dated May O, 1955 and recorded in Volume 409, Page 452 of the b R.b C T tot corner, THENCE north 200 57' 52" east a distance of 1,433 49 feet to a point lying in the north boundary line of said Smith tract, sa~d point lying 4,620.0 feet east of the northwest corner of said tract, same being the south boundary line ota tract described in a deed to Eagle Farms, Inc. from John W Porter uated July 19, 1979 and recorded in Volume 903, Page 734 of the b R b C I for corner, 2HENCE nortlt 8° 30' west, passln~ at 3,397 08 feet, more or less, the north boundary line oi said hagle farms tract, said point lytng o51 65 feet east ot a north angle corner of said tract, same being the south boundary line of a tract described lit a deed to Clycle Blakeley, Jr et al from Charles D Hall dated January 10, 196o and recorded in Volume 533, Page 434 ot tile b.R b C I , said point also lying in the center of an east-west county road ~nown as b~c~lnney Bridge Rd , continuing tot a total rtlstance of 4,350 04 teet to d point in the north boundary ll,le of said Blal~eley tract, said point lying 1,040 0 feet east of the northwest co~ner of said tract, same being the south boundary line ot a t~act desc~loed in a dee(~ to Bobby 6. McDowell et al from Daniel n ~vans et al dated december 1977 and recorded in Volume 87b, Page 7S3 of the D R b C I , sa~d point also lying in the north boundary line ot tile hcBrlae survey and the south boundary line of the lanzy survey for corner, IHENCE south ~9o 13' east along said boundary anct survey lines distance of Z49.05 feet to the northeast corner ot said glat~eley tract, same being the northwest corner of a tract described in a deed to E. L. hughes et al from Scenic 0dine Venture dated December 50, 1986 and recorded ~n Volume 2,U0Z, Page 311 of the b R b C I , tHENCE south 890 00' 20" east continuing along said survey lines and along the north ooundary line ot said Hughes tract a dlstauce ot 907 18 feet to a point for corner, A-Si Page 3 THENCE south 8° 30' east, passing 850 0 ieet, more or less, the center line oi said McKlnney Bridge Rd, continuing and passing at 2,700 0 feet, more or less, the south boundary line of said E L. hughes tract,~ said point lying 250.0 ieet west of the southeast corner of said tract, same being the north boundary line of a tract described in a deed to b. M Mahoney et al from banlel M Mahoney Realtors, Inc. dated January 30, 1981 and recorded in Volume 1,053, Page 603 of the D.R.D.C.I., continuing and passing at 3,325.0 feet, more or less, the center line ot Elm Fork, same being a west boundary line of said Mahoney tract, and the east boundary line of said hagle Farms, Inc. tract, continuing and passing at 4,075 0 feet, more or less, said center line ot Elm Fork, same being an east boundary line of said Eagle Farms, Inc tract, and the west boundary line of said Mahoney tract, continuing and passing at 4,800 feet, more or less, the south boundary line oi said D M Mahoney tract, same being the north boundary line ota tract described in a deed to 0 0 Beaty et al from L. A. Beaty et al dated March 30, 1950 and recorded in Volume 357, Page 600 o~ the D.R b L I , and continuing for a total distance of 5,081.14 feet to a point for corner, IHENCE south 20° 32' 30" west, passing at 900 0 feet, more or less, the south boundary line oi said geaty tract, said point lying 2,365.0 feet, more or less, west ot the southeast corner ot salG tract, same being the north boundary line ot a tract described in a deed to C~arlcle H rownson flom Reuben Cagle, 3r dated 3anuary 15, 1986 and recorded in Volume 1,801, Page 20d of the b.R.D L 1., and continuing for a total distance 1,503 54 feet to a point for corner, THENCE south 76° 0Z' 30" west a distance ot 1,Zgl 7Z feet to a point being the northerly southwest corner ot the remainder tract said Townson tract, same being the northwest corner of a tract described in a deed to the Veteran's Land Board of lexas from Pat~y 3ohnson, Admlnlstratrlx ot the estate of Roy Miller Cagle, deceased, said point also lying in the east boundary line ot 55 043 acre tract described in a deed to Radtoro A. Fuller et al from Reuben Cagle, Jr , guardian of the Person and Estate oi Nennle M eagle dated December 24, 1975 and recorded in Volume 768, Page 973 ot the D.R.D.C.T., for corner, FhENLE south 4° 28' west along the west boundary line of said Veteran's tract, same being the east 0oundary line of said 35 043 acre Fuller tract, passing at 434.4 feet the southwest corner of said Veteran's tract, same being the northwest corner of a 5 993 acre tract described in a deed to Radtord A Fuller et al from Roy Cagle dated April 4, 1966 and recorded in Volume 530, Page 303 the D R.D.C.T and continuing for a total distance ot 1,138.40 feet to a point same being the southwest corner ot said 5 993 acre Fuller tract, and a Inner ell corner of said 35 043 acre Fuller tract, said point also lying in the south boundary line ot said M McBride survey, and the north boundary ll~e of solo 3. Lamar survey, tot corner, THENCE south 88° 31' 50" east along the south boundary line of said 5.993 acre Fuller tract, same being tile southerly north boundary line of said 35.043 acre Fuller tract, and said survey lines a distance of 30 0 feet to a point for corner, A-51 Page 4 lhENCk south 0o 14' west along the east boundary line of said 35 043 acre Fuller tract a distance ot 135.08 feet to a point, same being the southeast corner oX said 35.043 acre Fuller tract, and being the northeast corner oi a 52 0 acre tract described in a deed to Olen L. Spencer irom Cynthia Ann Bond Ables et al dated April 17, 1985 and recorded Volume 1616, Page 907 of the D.I< b.C.£ ~or corner, THENCE north 88° 31' 50" west along the south boundary line of said 35.043 acre Fuller tract, same being the north boundary line oX said 52.0 acre Spencer tract a distance 1,250 0 feet to a point for corner, THENCE south 31° 48' 16" west, passing 1,185 0 feet, more or less, the south boundary line of said 52.0 acre Spencer tract, said point lying 2,096.71 feet, more or less, west of the southeast corner of said tract, same being the north boundary line of a 7 157 acre tract described in a deed to Olen L Spencer et al from Roy T Spencer dated November 1, 1977 and recorded in Volume 868, Page 869 of the D.R b C.T., continuing and passing at 1,300 71 feet the south boundary line of said 7.157 acre Spencer tract, said point lying 2,152 62 feet, more or less, west of the southeast corner of said tract, same being the north boundary line of a 37 5 acre tract described in a deed to Olen L. Spencer et al from Nennle Mae Cagle dated November 17, 1952 and recorded In Volume 384, Page 52 oX tile b.R b C.T., continuing and passing at 2,171 9Z feet, more or less, the south boundary line of said 37 $ acre Spencer tract, same being the north boundaly line oX a tract described in a deed to Will Lynch from Ira E. Parker dated November 29, 1979 and recorded in Volume ~90, Page 305 of tile D R L C T , said point lying 2,160 0 ieet, more or less, west of tile northeast corner ot said Lynch tract, and continuing for a total distance ot 2,907 u4 feet to a point lying in the south boundary line of sa~d Lynch tract, same being the north right-of-way of said F ~1 428 for corner, 'IHiNCE south 0° 32' 55" west, passing at 100 feet, more or le~s the south right-of-way line of said k.~l. 428, same being the north boundary line of a tract described in a deed to Perry Lee Bartholcl et al from C k. Adcock et al dated January 24, 1978 and recorded in Volume 872, Page 413 ot the O R b.C.T continuing for a total distance of 2,056.0 feet to a point lying in the south boundary line oX said Barthold tract, said point lying 1,150 feet west of the southeast corner of said tract, same being the north boundary line of the First 3ract described in a deed to W D Hodges et al from 6eorge ~. Lowther dated January 14, 1942 and recorded in Volume 295, Page 182 of the b.R b C.T for corner, [HENCE south 33o 34' 21" east, passing at 2,791 63 feet, more or less, south boundary line of said First ~ract, said point being 1,750 feet west oX the southeast corner of said First Tract, same being the north boundary line of Second lract described in a deed to ~ b Hoages et al from George 1~. Lowther dated January la, 1942 and recorded in Volume 295, Page 182 ot the b R.b C i and continuing for a total distance oX 5,580.6 feet to a point for corner, THENCE south a distance of 2,371 06 feet to the Point of Beginning, and containing 587.3035 acres of land more or less A-51 1994L NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT The City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of said City to add the territory described in Exhibit "A", attached hereto and incorporated by reference herein, to the corporate limits of the City of Denton. A Public Hearing will be held by an~before the ~ty Cpqncll of the City of Denton, Texas, on the ~ day of ~~&~_, 1987, at 7.00 o'clock P. M. in the City Council C~a~bers of the Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such persons shall have the right to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. A Public Hearing will be held by 9~efore th~.C1}Y ~uncll of the City of Denton, Texas, on the/~__~ day of~, 1987, at 7.00 o'clock P. M. in the City~ouncll Chambers of the Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such persons shall have the right to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. ATTEST. JE~IF~3R ~ALTERS, CITY SECRETARY A-51 EXMlbI 1 "A" ALL that certain lot, tract or parcel ot land lying and being situated in the County of Denton, State of 1exas and being part the J. Clayton survey, Abstract No 221, 3 Lamar survey, AOstract No 754, M. McBride survey, Abstract No 804, and more fully described as follows BEGINNING at the southeast corner o~ a tract o[ land described in a deed to Richard W. Ragsdale, et al [rom Frank N Martlno, et al dated October 2, 1975 and recorded in Volume 759, Page 879 of the b R.D.L.T., said point also lying in tile middle ol a cl~annel of Elm Fork of the Trinity River, said point also lying in the soutl~ boundary line of said J. Clayton survey, THENCE north 87° 41' 10" west along the south boundary line said Ragsdale tract and the south boundary line of said survey, passing the northeast corner o~ the tract described in Ordinance XXXXX of the present city limits and continuing for a total distance o-'~00.82 feet to a point lying 4,409.42 feet east of the southwest corner of said Ragsaale tract, and in the present city limits line for corner, IHENCE north, passing at 725 0 ~eet, more or less, t~e centerl~ne said him Fork channel, said centerilne being an east boundary line of said Ragsdale tract, same being a west boundary line o[ the Second Tract ol land described in a deed to ~ b Hodges et al from George W Lowtller et al date¢l Oanuary 14, 19~g and recorde(~ Volume 295, Page 182 of tile b R b L I , passing at 1,550 O [eet, more or less, said center line of him Fork, same being t~le [lOltl! boundary line of sald Second lract, same uelng the sout~ Ooundary line o~ said Ragsdale tract a distance ot 2,0z9 0 ~eet to a point for corner, 2HENCh north 33© 34' Zi" west a distance of 2,~80 87 leet to a point lying in the north boundary line o~ said Ragsdale tract, said point lying 2,07S O ~eet, more or less, east ol the nortllwest corner o~ said Ragsdale tract, same being the south ooundary line ot a tract described in a deed to $ M ~ R, from Michael L Ramos, Trustee dated March 9, 1977 and recorded in ¥olume 825, Page 93? o~ the b.R b C.T. for corner, THENCE north 87© 21' 10" west along the north boundary line of the said Ragsdale tract, same being the south boundary line of said $ M ~ R tract a distance of 834.06 feet to a point for corner, THENCE north 0° 32' 35" east, passing at 2,4o0 ~eet, more or less, the north boundary line ol said 5 ~ h R tract, said point lying 1800.0 feet east of the northwest corner o~ said S M ~ R tract, same being the south boundary line o~ a tract described in a deed to Oliver A Fields ~rom Sld Fora et al dated May 5, 1937 and recorae(t in Volume 2~5, Page 304 o~ tile b.k b C T , a c~lstance o~ 3,442 03 feet to a point lying in the center line of F M 428 for corner, A-51 Page 2 IH~NC~ north 20o 50" east, passing at 607 66 feet, more or less, the north boundary line of said Fields tract, said point being 1,975 feet east oi the northwest corner oi said Pields tract, same being the south boundary line of Tract o described in a deed to R H Venable from Ms. Comette Woodrum et al dated October 16, 1959 and recorded in Volume 450, Page 635 oi the b R.D C.1 sald point also lying in the north boundary line oi said J Clayton survey, and the south boundary line oi said J Lamar survey, continuing for a total distance oi 2,720 19 ieet to a point lying in tile north boundary line of said Venable Tract o, said point lying 2,119 O0 ieet east the northwest corner of said Tract 6, same being the south boundary line of Tract 5, described in said deed to R H. Venable for corner, said point also lying in the north boundary ltne oi said J Lamar survey and the soutll boundary line oi said M Mcbride survey, THENCE north 51° 17' 01" east a distance oi 5,072 29 feet to a potnt lying in the north boundary line of said lract 5, said point lying 3,970 0 feet west oi the northwest corner of said lract same being the south boundary line oia tract described In a deed to Perman 0 Smith from Charlle May ~addln dated May O, 1955 and recorded in Volume 409, Fage 452 oi the D.k.L C T lot corner, THENCE north 20° 57' 52" east a distance of 1,435 49 feet to a point lying in the north boundary line of said &mlth tract, point lying 4,620.0 feet east o~ the northwest corner ot said tract, same being the south boundary line oia tract described in a deed to Eagle Farms, Inc irom Joan W Porter dated July 19, 1979 and recorded in Volume 903, Page 734 oi the b R b C £ tot corner, /HENCE north 80 30' west, passing at 3,397 08 teet, more or less, the north boundary line oi said Eagle Farms tract, said point lying 051 65 teet east ot a north angle corner oi said tract, same the south boundary line ot a tract described in a deed to Clyde A Blakeley, Jr. et al from Charles D Hail dated January 10, i960 and recorded in Volume 533, Page 434 ot the b.R b C ! , said point also lying in the center of an east-west county road Known as McKlnl~ey Bridge kd , continuing ior a total distance o~ 4,330 04 teet to point in the north boundary line of said BlaKeley tract, said point lying 1,040 0 feet east oi the northwest corner oi said tract, same betng the south boundary line ot a tract described iii a deed to Bobby G. Mcbowell et al [rom Daniel a Evans et ai dated DecemOer l, 1977 and recorded in Volume 875, Page 783 oi the D R D.C I , satd point also lying in the north boundary line ot the b~cBrlde survey and the south boundary line oi the Tanzy survey for corner, IHENCE south 89° 13' east along said boundary and survey lines a distance of Z49 05 feet to the northeast corner oi sald BlaKeley tract, same being the northwest corner oi a tract descrtbed tn a deed to E. L. hughes et al irom Scenic Oolnt Venture dated December 30, 1986 and recorded in Volume 2,06Z, Page 311 oi the D R b C I , tHENCE south 890 00' 20" east continuing along said survey lines and along the north Ooundary line ot sald Hughes tract a distance o£ 967 18 feet to a point for corner, A-Si Page 3 THENCE south 80 30' east, passing 850 0 ieet, more or less, the center line oi said McKlnney Bridge Rd, continuing and passing at 2,700.0 feet, more or less, the south boundary line of said E L hughes tract,, said point lying 250 0 ieet west of the southeast corner of said tract, same being the north boundary line oia tract described in a deed to b. M. Mahoney et al from Daniel ~ Mahoney Realtors, Inc. dated January 30, 1981 and recorded in Volume 1,053, Page 603 of the D.R.D C.I., continuing and passing at 3,325 0 ieet, more or less, the center line o~ Elm Fork, same being a west boundary l~ne of said Mahoney tract, and the east boundary line of sa~d hagle Farms, Inc. tract, continuing and passing at 4,075 0 feet, more or less, said center line o~ 51m Fork, same being an east boundary line of said Eagle Farms, Inc. tract, and the west boundary line of sa~d Mahoney tract, continuing and passing at 4,800 ~eet, more or less, the south boundary l~ne oi said D. M Mahoney tract, same being the north boundary l~ne oX a tract described in a deed to O 0 Beaty et al from L. A. Beaty et al dated March 30, 1950 and recorded in Volume 357, Page 60o oi the D R.b.C.l , and continuing for a total distance of 5,081.14 feet to a point ior corner, IHkNCk south 20o 32' 30" west, passing at 900 0 feet, more or less, the south boundary line oi said beaty tract, said point lying 2,365.0 teet, more or less, west oX the southeast corner oi sala tract, same being the north boundary line o~ a tract descrlbe~ in a deed to Charlcle H. rownson irom Reuben Cagle, Jr. dated January 13, 1986 and recorded in Volume 1,801, Page 20~ ot the b.R.D C I , and continuing for a total distance 1,503 54 ~eet to a point for corner, THENCE south 76° 02' 30" west a distance oi 1,z~l 72 feet to a point being the northerAy southwest corner o~ the remainder tract of said Townson tract, same being the northwest corner o~ a tract described ~n a deed to the ~eteran's Land board oi lexas ~rom Patsy Johnson, Admln~stratr~x o£ the estate oi Roy M~ller Cagle, deceased, sa~d point also lying in tne east boundary l~ne ot 55 043 acre tract described ~n a deed to Radiora A Fuller et al from Reuben eagle, Jr , guardian of the Person and Estate oX henn~e M. Cagle uatecl December 24, 1975 and recorded in Volume 768, Page 973 oi the D R D C.r , for corner, fhENCE south 4° 28' west along the west boundary line o~ sa~d Veteran's tract, same being the east boundary l~ne of sa~d 35 043 acre Fuller tract, pass,nE at 434 4 feet tile southwest corner of said Veteran's tract, same being the northwest corner oX a 5 993 acre tract described in a deed to Rad~o:d A. Fuller et al from koy Lagle dated April 4, 1900 and recorded ~n Volume 530, Page 305 the D R.D.C.T. and continuing iora total distance ot 1,138.40 ~eet to a poxnt same being the southwest corner ot said 5 993 acre ~uller tract, and a ~nner ell corner of said 35 045 acre ~uller tract, sa~d point also lying in the south boundary line ot sa~d M McBride survey, and the north Oouuaary l~ne oi sa~d J Lamar survey, rjr corner, THENCE south 88° 31' $0" east along the soutll Ooundary l~ne of sa~d 5.993 acre Fuller tract, same being tile southerly north boundary l~ne o~ said 35.043 acre Fuller tract, and sa~d survey l~nes a distance of 30 0 ieet to a point for corner, A-Si Page 4 ~hENCk south 00 14' west along the east boundary line of said 35.043 acre Puller tract a distance bi 135 08 ieet to a point, same being the southeast corner o~ sa~d 35.043 acre Puller tract, and being the northeast corner bi a JZ.O acre tract described in a deed to Olen L. Spencer from Cynthia Ann Bond Ables et al dated April 17, 1985 and recorded Volume 1616, Page 907 of the D.R b.t.f for corner, THENCE north 88° 51' 50" west along the south boundary line of said 55.045 acre Puller tract, same being the north boundary line bi said 52.0 acre Spencer tract a distance 1,250.0 feet to a point for corner, THENCE south 31° 48' 16" west, passing 1,185 0 feet, more or less, the south boundary line of said 51.0 acre Spencer tract, said point lying 2,096.71 feet, more or less, west of the southeast corner of said tract, same being the north boundary l~ne of a 7.157 acre tract described in a deed to Olen L. Spencer et al from Roy T Spencer dated November 1, 1977 and recorded in Volume 868, Page 869 of the D.R D.C.T., continuing and passing at 1,300 71 ieet the soutl~ boundary line bi said 7.157 acre Spencer tract, sa~d point lying 2,152.62 feet, more or less, west of the southeast corner of said tract, same being the north boundary line bi a 37 5 acre tract described in a deed to Olen L Spencer et al from Nennle Mae Cagle dated November 17, 1952 and recorded in ¥olume 384, Page 52 bi t~e b R D.C.T., continuing and passing at 2,171.9l feet, more or less, the south boundary line of said 37 5 acre Spencer tract, same being the north boundary line bt a tract described in a deed to B~il Lynch ~rom Ira 5. Parker dated November ~9, 1979 and recorded in Volume 990, Page 305 of the D.R b C T., sal~ point lying 2,160 0 feet, more or less, west bi the northeast corner bi sa~d Lync~ tract, ant[ cont~nulng for a total d~stance bi 2,907 ~4 feet to a point lying ~n the so~th Ooundary l~ne of said Lync~ tract, same being the north right-of-way of said F NI 428 for corner, IHkNCh south 0° 31' 35" west, passing at 100 feet, more or le~s the south right-of-way line bi said ~ M 428, same being the north boundary line bi a tract described in a deed to Perry Lee Barthol(~ et al from C. P. Adcock et al dated January 24, 1978 and recorded in Volume 872, Page 413 bi the D.R b.C.T continuing ior a total distance of 2,056.0 feet to a point lying in the south boundary line bi said Barthold tract, said point lying 1,150 feet west of the southeast corner of said tract, same being the north boundary line of the First Tract described in a deed to W. D Hodges et al from 6eorge W. Lowther dated January 14, 194l and recorded in Volume 195, Page 1~2 of the D.R D.C T. for corner, fHENC5 south 53° 34' 21" east, passing at 2,791 63 feet, more or less, south boundary line of said First ~ract, said point being 1,750 feet west bi the southeast corner of sa~d }lrst Tract, same being the north boundary line of becond lract oescrlbed in a deed to ~. b. Hodges et al from George W. Lowther dated January i4, 1942 and recorded in Volume 295, Page 182 bi the b R b C I and contlnuln§ for a total distance bi 3,580.6 feet to a point for corner, THSNCk south a distance of 2,371.0b feet to the Point bi Beginning, and containing 587 3035 acres of land more or iess A-51 1995L A RESOLUTION SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. On the ~ day of ~~_, 1987, at 7 00 o'clock P. M. in the Clt~uncll Chambers ~f th~ Municipal Build- lng of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described in Exhibit "A" attached hereto and incorporated by reference herein. On the ~day of~ ~, 1987, at 7 00 o'clock P.M. ambers ot the in the City Council Ch Municipal Building of the City of Denton, Texas, the City Council will hold a public hearing giv- ing all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the property described in Exhibit "A" attached hereto and incorporated by reference herein. SECTION II. The Mayor of the City of Denton, Texas, is hereby authorized and directed to cause notice of such public hearings to be published once in a newspaper having general circulation in the City and ~n the territory described in Exhibit "A" not more than twenty days nor less than ten days prior to the date of such public hearings, al! in accordance with the Munlclpa! Annexation Act (Article 970a, Vernon's Texas Civil Statutes). SECTION III. Th~s ordinance shall be in full force and effect immediately following its passage and )proval. PASSED AND APPROVED this the ~[ay of ~, 1987. ATTEST. APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BXHIB1] "A" ALL that certain lot, tract or parcel of land lying and being situated in the County of Denton, State oS Texas and being part of the ~. Tanzy survey, Abstract No. 1253, 5. A. ~ M 4. R. R. survey, Abstract No. 1228, and part o2 the ~. Cox survey, Abstract No 291, and more fully described as follows B~GINNING at a point lying in the present city limits, said point being the northwest corner of the tract described in Ordinance No. XXXXX, said point also lying in the south boundary line of a tract o~nd described in a deed to Bobby G. McOowell et al from Daniel H Evans et al dated December 1, i977 and recorded in Volume 875, Page 753 of the b.R.D.C.T., said point lying 1,074.95 feet east of the southeast inner ell corner of said tract, same being the north boundary hne of a tract described in a deed to Clyde A Blakeley, Jr. et al from Charles D. Hall dated January 10, 1906 and recorded in Volume $33, Page 434 of the b.R b L.T., said point also lying in the south boundary line of said ~. Tanzy survey, and the north boundary line of the M. McBride survey, Abstract No. 804, THENCE north 8° 30' west, passing at 10~1.98 feet, more or less, the north boundary line of said McDowell tract, said point lying 3815.0 feet east of the northwest corner of said tract , same being the south boundary line of a tract described in a deed to John Porter Auto Sales, Inc. from Sam Evans et al dated August 23, 1971 and recorded in Volume 627, Page 539 o~ the b R.D.C.~., continuing and passing at 1445.0 feet, more or less, t~e north boundary l~ne of said tract, said point lying 781 50 feet east of a northeast ~nner ell corner of said tract, same being the sout~ boundary line of a tract described in a deed to Mike Ramos ~rom 3ohn Porter Auto Sales, Inc. dated September 10, i984 recorded ~n Volume 1530, Page 151 of the D.R.b.C.I., continuing and passing at 1099.0Z feet, more or less, the north boundary line o~ sa~d tract, said point lying 730 o feet, more or less, east o~ t~e northwest corner of said tract, same being the north boundary line of a tract described in a deed to Susan Porter from John ~. Porter Auto ~ales, Inc., dated September 10, 1984 and recorded in Volume 1530, Page 147 of the D R.b C T , continuing and passing at 1,982 $2 feet the north boundary line of said tract, said point lying b75.70 feet, more or less, east of the northwest corner bt said tract, same being the soutI~ boundary line of a tract described in a deed to Jo~n R Porter from John ~. Porter Auto Sales, Inc., dated September 10, 1984 and recorded in Volume 1523, Page 505 of the D.R.L.C.I., continuing and passing at 2,2~4 51 feet the north boundary line of said tract, said point lying 633.54 feet east of the northwest corner of said tract, same being the south boundary line of a tract described in a deed to Vaughn Andrus from John ~. Porter Auto Sales, Inc., dated September 10, 1984 and recorded in Volume 1525, Page 501 of the D R.b.C I , continuing and passing at 2,610.46 feet the north boundary line of sa~d tract, said point lying 588.04 feet east of the northwest corner of sald tract, same being the south boundary line of a tract described in a deed to A-52 Page 2 Ann Andrus from John ~. Porter Auto Sales, Inc , dated September 10, 1984 and recorded tn Volume 1523, Page 515 of the D.R.D.C.T., conttnutng and passtng at 2,908.91 feet the north boundary hne satd tract, satd potnt lytng S38.0 feet east et the northwest corner of said tract, same betng the south boundary line of a tract described tn a deed to Betty Lochran from John ~. Porter Auto Sales, Inc., dated September 10, 1984 and recorded in Volume 1525, Page 517 of the D.R.D.C.1., continuing and passtng at 3,492.77 feet the north boundary ltne of satd tract, satd point lytng 246 06 feet east of the northwest corner of satd tract, same betng the south boundary ltne of a tract descrtbed tn a deed to the Untted States of Amertca from Jo Ann Burger dated October lo, 1981 recorded in Volume 1107, Page 209 of the b R b.C.T., and continuing for a total dtstance 5,358.85 feet to a point lytng tn the north boundary ltne of satd tract, said potnt lytng 3,177.~8 feet east oi the northwest corner of satd tract, same ~elng the south boundary ltne of a tract described in a deed to the United States oi Amertca from John Porter et al dated August 24, 19~1 and recorded tn Volume 1,090, Page 787 of the D.R.b.C T., for corner, THENCE north 20° 17' 32" west crosstng the north boundary ltne said Tanzy survey, and the south boundary hne of sale ~. A. ~ M G. R. R. survey, conttnutng and crossing the west boundary line of said S. A % M. G. R R. survey, same being the east boundary line said Cox survey, a dtstance 2,?50 0 feet to a potnt lying tn the centerllne of ~.M. 455, same betng the approxtmate center ltne of the Corps of Engineers' La~e Ray Roberts Dam, for corner, THENCE north ~9° 42' 28" east along the approximate centerltne satd F M. 455 and Lake Ray Roberts Dam, passtng at 30~.0 feet, more or less, the east boundary line of said tract, same being the west boundary ltne of a tract descrtbed tn a deed to the Onlted States of America from Bertha Woodson et al dated April 12, 1982 and recorded tn Volume 1136, Page 776 of the b R D L.T., same betng the east boundary ltne of sale Cox survey and the west boundary ltne et said S. A ~ M. G. R. R. survey, and continuing tora total distance et 1,200.0 feet to a point for corner, THENCE south Z0o 17' 32" east, passtng at 575.0 feet, more or less, the south boundary ltne of said tract, said point betng 125 0 feet, more or less, west of the southeast corner et satd tract, same betng the north boundary ltne of a tract described in a deed to the Ontted States of Amertca from Wllltam k Camp0ell, Jr et al dated April 12, 1982 and recorded in ~olume 113o, Page 801 oi the D R D.C.T., same betng the south boundary line oi satd S A ~ M R R. survey and the north boundary ltne of satd Tanzy survey, an~ continuing for a total distance of 2,~73.~3 feet to a point for corner, THENCE south 8° 30' east, passing at 250.0 feet, more or less, the south boundary hne oi sald tract, satd potnt lying Z00 0 ieet, more or less, west of the southeast corner of said tract, same being t~e A-52 Page 3 north boundary line of a tract described ~n s deed to Charles W McCallum from John T. Campbell dated August 2, t960 and recorded ~n Volume 458, Page 3o2 ot the D.R.D.C.T. ann continuing tot a total distance of 5680.83 feet to a point lying ~n the south boundary l~ne of sald tract% sa~d point lying 720.0 feet, more or less, west of the southeast corner of said tract, same being north boundary l~ne of a tract described ~n a deed to E. L. Hughes from Scenic Jotnt Venture dated December 30, 1986 and recorded ~n Volume 2002, Page 311 of the D.R.D.C.T., sa~d point also lying ~n the north boundary hne of said W. Tanzy survey, same being the north boundary l~ne of sa~d M. McBride survey for corner, THENCE north 890 06' 20" west along the south boundary 1,ne of sa~d McCallum tract, same being the north boundary ltne of satd Hughes tract, and along sa~d survey l~nes a distance of 907.18 feet to the southwest corner ot sa~d McCallum tract, same being the northwest corner ot said Hughes tract, same being the northeast corner of sa~d Blakeley tract, and the southeast corner of sa~d 0ohm W. Porter Auto Sales, Inc. tract, for corner, THENCE north 89° 13' west along the north boundary line oX sa~d Blakeley tract, same being the south boundary l~ne of sa~d John W. Porter Auto Sales, Inc. ann sa~d survey l~nes a d~stance ot 249 05 ieet to the Place of Beginning and containing 229 5212 acres of land 1995L NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT The City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of sa~d City to add the territory described in Exhibit "A", attached hereto and incorporated by reference herein, to the corporate limits of the City of Denton. A Public Hearing will be held by and_jbefore the,~lty Council of the City of Denton, Texas, on the ~ day of ~, 1987, at 7:00 o'clock P. M. in the C~--f-~ouncll Ch~q~s-~ t~e Municipal Building of the C~ty of Denton, Texas, for all persons ~nterested in the above proposed annexation. At sa~d time and place all such persons shall have the right to appear and be heard. Of all sa~d matters and things, all persons interested in the things and matters herein mentioned, will take notice. A Public Hearing will be held by a~d, before the_City Cguncll of the City of Denton, Texas, on the/~~'~ day of~, 1987, at 7.00 o'clock P. M. in the C~i~ouncll Chambecs'Bf the Municipal Building of the C~ty of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such persons shall have the r~ght to appear and be heard. Of all said matters and things, all persons interested in the things and matters here~n mentioned, will take notice. RAY STE~NS, fMAYOR ATTEST: J~NIF~R~fALTERS, CITY SECRETARY A-52 hXHIBll "A" ALL that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas and being part of the ~. Tanzy survey, Abstract No. 1253, b. A. ~ M. ~ R. R. survey, Abstract No. 1228, and part of the W. Cox survey, Abstract No 291, and more fully described as follows BhGINNING at a point lying in the present city limits, said point being the northwest corner of the tract described in Ordinance No XXXXX, said point also lying in the south boundary line of a tract ~nd described in a deed to Bobby G McDowell et al from Daniel H. Evans et al dated December 1, 1977 and recorded in Volume 875, Page 783 of the D.R.D.~.T., said point lying 1,074.95 feet east the southeast inner ell corner of said tract, same being the north boundary line of a tract described in a deed to Clyde A. Blakeley, Jr. et al from Charles D Rall dated January 10, 1966 and recorded in Volume 533, Page 434 of the b.R b C.T., said point also lying in the south boundary line of said ~. ]anzy survey, and the north boundary line of the M. McBride survey, Abstract No. 804, TRENCh north 8° 30' west, passing at 10bl.98 feet, more or less, the north boundary line of said McDoweli tract, said point lying 3815 0 feet east of the northwest corner of said tract , same being the south boundary l~ne of a tract described In a deed to John Forter Auto Sales, Inc from Sam brans et al dateo August 23, i971 and recorded in Volume 62?, Page 539 of the b R D.C ]., continuing and passing at 1445 0 feet, more or less, the north boundary line of said tract, said point lying 7~i.50 feet east of a northeast Inner ell corner of said tract, same being the south boundary line of a tract described in a deed to Mike Ramos from John Forter Auto Sales, Inc dated September 10, 1984 recorded in Volume 1530, Page 151 the D R.D.C.1., continuing and passing at 1~99 OZ feet, more or less, the north boundary line of said tract, said point lying 730 feet, more or less, east of the northwest corner of said tract, same being the north boundary line of a tract described in a deed to Susan Porter from John ~. Porter Auto bales, Inc , dated beptemOer 10, 1984 and recorded in Volume 1550, Page 147 of the D R b L T , continuing and passing at 1,982.52 feet the north boundary line of said tract, said point lying 075 70 feet, more or less, east of the northwest corner ot said tract, same being the soutlt boundary lxne of a tract described in a ~eed to Jonn R Porter from John ~. Porter Auto Sales, Inc., dated September 10, 1984 and recorded in Volume 1523, Page SOS of the D.R.b C ~ , continuing and passing at 2,284 51 feet the north boundary line of said tract, said point lying ~53 54 feet east of the northwest corner of said tract, same being the south boundary line of a tract described in a deed to Vaughn Andrus from John ~. Porter Auto Sales, Inc., dated September 10, 1984 and recorded in Volume 152~, Page 501 of tile D.R D C.~ , continuing and passing at 2,610.46 feet the north boundary line of said tract, said point lylng 588.04 feet east of the northwest corner of said tract, same being the south boundary line of a tract described in a deed to A-52 Page 2 Ann Andrus from John W. Porter Auto Sales, Inc , dated September 10, 1984 and recorded in Volume 1523, Page 513 of the D.R D.C.T , continuing and passing at 2,968.91 feet the north boundary hne said tract, said point lying 538.0 ieet east bi the northwest corner of said tract, same being the south boundary line of a tract described in a deed to Betty Cochran from John W. Porter Auto Sales, lnc , dated September 10, 1984 and recorded in Volume 1523, Page 517 of the D.R.D.C.2., continuing and passing at 3,492.77 feet the north boundary line of said tract, said point lying 246.06 feet east of the northwest corner of said tract, same being the south boundary line of a tract described in a deed to the United States of America from Jo Ann Burger dated October 10, 1981 recorded in Volume 1107, Page 209 of the D.R.D C.T., and continuing for a total distance of 5,358.85 feet to a point lying in the north boundary line of said tract, said point lying 3,177 ~8 feet east bi the northwest corner of said tract, same being the south boundary line of a tract described in a deed to the United States of America from John Porter et al dated August 24, 1981 and recorded in Volume 1,096, Page 787 of the D.R.D.C.T., for corner, THENCE north 20° 17' 32" west crossing tile north boundary line bt said Tanzy survey, and the south boundary line of said $ A & M. G R R survey, continuing and crossing the west boundary line of said $. A. ~ M. G. R. R. survey, same being the east boundary line bi said Cox survey, a distance 2,750 0 feet to a point lying in the centerllne of F.M. 455, same being the approximate center line of the Corps of Engineers' LaKe Ray Roberts Dam, for corner, THENCE north 69° 42' 28" east along the approximate centerllne said F M. 455 and Lake Ray Roberts Dam, passing at 300 0 feet, more or less, the east boundary line bi said tract, same being the west boundary line of a tract described in a deed to the Onlted States of America from Bertha Woodson et al dated April 12, 1982 and recorded in Volume 1136, Page 776 of the b R D.C.T., same being the east boundary line of said Cox survey aha the west boundary line bt said S. A. ~ M. G. R. R. survey, and contInuing tot a total distance bi 1,200.0 feet to a point for corner, THENCE south 20° 17' 32" east, passing at 575 0 feet, more or less, the south boundary line of said tract, said point being 125 0 feet, more or less, west of the southeast corner bt said tract, same being the north boundary line bi a tract described in a deed to the United States bi America from William k. Campbell, Jr et al dated April 12, 1982 and recorded in ~olume 1130, Page 801 bi the D.R.D.C.T., same being the south boundary line of said S A 6 M R R. survey and the north boundary line of said Tanzy survey, and continuing for a total distance of 2,873.93 feet to a point for corner, THENCE south 80 30' east, passing at 250.0 feet, more or less, the south boundary line of said tract, said point lying 200 0 ieet, more or less, west of the southeast corner of said tract, same being the A-52 Page 3 north boundary line of a tract described in s deed to Charles W McCallum from John T. Campbell dated August 2, 1960 and recorded in Volume 458, Page 302 oi the D.k.D.L T. aha continuing ior a total distance of 5680.85 feet to a point lying in the south boundary line oi said tract~ said point lying 720.0 feet, more or less, west of the southeast corner of said tract, same Delng north boundary line of a tract described in a deed to E. L. Hughes from Scenic Joint Venture dated December 50, 1986 and recorded in Volume 2002, Page 511 of the D.R.D.C.T., said point also lying in the north boundary line of said W. Tanzy survey, same being the north boundary line of said M. McBride survey for corner, THENCE north 89° 06' 20" west along the south boundary line of said McCallum tract, same being the north boundary l~ne oi sa~d Hughes tract, and along sa~d survey hnes a d~stance of 907.18 feet to the southwest corner oi said McCallum tract, same being the northwest corner oi said Hughes tract, same being the northeast corner of said Blakeley tract, and the southeast corner of said John W. Porter Auto Sales, Inc. tract, for corner, %HENCE north 89° 15' west along the north boundary line oi sa~d Blakeley tract, same being the south boundary line of said John W. Porter Auto Sales, Inc. an~ sa~d survey l~nes a distance oi 249 05 ieet to the Place oi Beginning and containing 229.5212 acres of land A-SZ 2000L RESOLUTION NO ~ A RESOLUTION TEMPORARILY CLOSING HICKORY STREET BETWEEN ELM STREET AND LOCUST STREET ON NOVEMBER 21, 1987, AND DECLARING AN EFFECTIVE DATE. WHEREAS, County Judge Vzc Burgess has requested that Hickory Street between Elm Street and Locust Street, all public streets w~thxn the corporate limits of the City of Denton, Texas, be temporarily closed to public vehicular traffic between the hours of 6 00 a.m. to 12 30 p.m. on November 21, 1987, for the purpose of formally opening the Denton County Courthouse on the Square, and WHEREAS, Judge Burgess has further assured the C~ty Council that all busxnesses have agreed to such closing, NOW THEREFORE, BF IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That Hickory Street, between Elm Street and Locust Street, publxc streets in the corporate lxmlts of the C~ty of Denton, Texas, be temporarily closed to vehicular traffxc from the hours of 6 00 a.m. to 12 50 p.m. on November 21, 1987, for the purpose of formally opening the Denton County Courthouse on the Square. SECTION II. That the City Manager shall dxrect the appro- priate City department to erect barrxcades at the ~ntersectxon of Hxckory Street w~th xts lntersectxon of Elm Street and its intersection w~th Locust Street at 6 00 a.m. on November 21, 1987, and to have the same removed at 12 30 p.m. on saxd date. SECTION III. That thxs resolution shall become effective immediately upon xts passage and approval. PASSED AND APPROVED this thea~4~day of October, 1987. R R ATTEST AI~ROVED AS TO LEGAL FORM' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2029L A RESOLUTION AUTHORIZING THE CONDEMNATION OF PROPERTY FOR DRAINAGE AND STRFET IMPROVEMENTS AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton has hereto- fore determined the necessity for and ordered the acquisition by the City of Denton of the hereinafter described right, title and interest in the land hereinafter described, and WHEREAS, the City of Denton has been unable to agree and cannot agree with the owners upon the value of the herexnafter described right, title and interest in the hereinafter described lands situated in the City of Denton, Denton County, Texas, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the City Council has determxned that is xs necessary and desirable to construct and make certain street ~mprovements along ~oodrow Lane, and, in conjunctxon therewith, to construct and make certain bridge and drainage improvements over, along and across Pecan Creek SECTION II. That the City Attorney of the Cxty of Denton, Texas, is hereby authorized and directed to bring condemnation proceedings to acquire title to and possession of said properties for street and drainage purposes, in accordance with the laws of the State of Texas. SECTION III. That the properties needed for the street, bridge and drainage improvements, and for which condemnation is hereby authorized, are described in Exhxblt "A", attached hereto and Incorporated herein by reference SECTION IV. This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the 20th day of October, 1987. ATTEST: APPROVED AS TO LEGAL FORM. DEBRA A. DRAYOVITCH, CITY ATTORNEY EXHIBIT "A" DRAINAGE EASEMENT ALL that certain lot, tract or parcel of land lying and being situated xn the City and County of Denton, State of Texas, and being part of the E. Morris survey, Abst. No. 868, and also being part of a tract of land described in a deed from Ronnle Phillips, substitute trustee to Justin State Bank of Denton dated April 9, 1987 and recorded in Volume 2141, Page 582 of the Deed Records of Denton County, Texas, and more particularly described as follows' BEGINNING at the northwest corner of said Justin State Bank tract, said point lying in the middle of ~oodrow Lane and in the west boundary line of said E. Morris survey, THENCE north 88° 16' 38" east (by deed north 89° 57' 23" east) along the north boundary line of said tract, a d~stance of 489.91 feet to a point for a corner, THENCE south 1° 13' 36" east, a distance of 109.73 feet to the northeast corner of a tract described in a deed to Drill Equip, Inc., recorded in Volume 1205, Page 966 of the Deed Records of Denton County, Texas; THENCE south 88° 05' 18" west (by deed south 88° 10' 20" west, 481.06 feet) along the northerly south boundary line of said Justin State Bank tract, same being the north boundary line of said Drill Equip, Inc. tract, a distance of 481.08 feet to the northerly southwest corner of said Justin State Bank tract, same being the northwest corner of said Drill Equip, Inc. tract, THENCE north 1° 59' 22" west, (by deed north 0° 21' east, 108.54 feet) along the northerly west boundary l~ne of said Justin State Bank tract, same being the west boundary line of sa~d E. Morris survey and in the middle of ~oodrow Lane, a distance of 111.31 feet to the Place of Beginning and containing 1.23 acres of land, more or less. EXHIBIT "A" (2 of 2) STREET RIGHT OF HAY ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the E. Morris survey, Abst. No. 868, and also being part of a tract of land as conveyed from Burley E. Lauderback to Justin State Bank by deed dated April 29, 1987 and recorded in Volume 2141, Page 582 of the Deed Records of Denton County, Texas, and more particularly described as follows BEGINNING at the southwest corner of said tract, said point also lying in the west boundary line of said E Morris survey, said point also lying in a north-south public road known as ~oodrow Lane; THENCE north 1° 39' 35" west (by deed north 0° 21' east) along the west boundary line of said tract and in said road a distance of 111.33 feet to the northwest corner of said tract for corner; THENCE north 88° 16' 38" east (by deed 89° 57' 23" east) along the north boundary line of said tract a distance of 77.06 feet to a point for corner; THENCE south 5° 19' 52" west a distance of 36.97 feet to a point for corner, THENCE south 0° 45' 26" east a distance of 74.19 feet to a point lying in the south boundary line of said tract for corner; THENCE south 88° 05' 18" west (by deed south 89° 53' 18" west) along the south boundary line of said tract a distance of 78.26 feet to the Place of Beginning and containing 0.1999 acres of land, more or less. EXHIBIT "A" (1 of 2) DRAINAGE EASEMENT ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the E. Morris survey, Abst. No. 868, and also being part of a tract of land described in a deed from Chad E. Lauderback to Drill Equip, Inc., dated March 24, 1983 and recorded in Volume 1205, Page 966 of the Deed Records of Denton County, Texas, and more particularly described as follows. TRACT 1 BEGINNING at the northwest corner of sa~d tract, said point lying in the middle of ~oodrow Lane and in the west boundary line of said E. Morris survey; THENCE north 88o 0S' 18" east (by deed north 88° 10' 20" east) along the north boundary line of said tract a distance of 325.0 feet to a point of a corner; THENCE south 37° 30' west, a distance of 161.79 feet to a point for a corner; THENCE south 88° 0S' 18" west, a distance of 222.10 feet to a point for a corner in the west boundary line of said tract and survey, said point also lying in the middle of Woodrow Lane, THENCE north 1° 59' 45" east (by deed North 1° 26' 10" west) along the middle of ~oodrow Lane and the west boundary line of said tract and survey, a distance of 125.0 feet to the Place of Beginning and containing 0.7850 acres of land, more or less. TRACT 2 BEGINNING at the southwest corner of said tract, said point lying in the middle of ~oodrow Lane and in the west line of said E. Morris survey; THENCE north 1° 59' 45" east (by deed north 1° 26' 10" west) along said lines a distance of 100.01 feet to a point for a corner; THENCE north 87° 43' 43" east, a distance of 477.59 feet to a point in the east boundary line of said tract for a corner, THENCE south 1° 13' 36" west (by deed south 1° 26' 10" east), along the east boundary line of said tract, a distance of 100.03 feet to the southeast corner of said tract, THENCE south 87° 43' 43" west (by deed south 87o 44' 20" west), along the south boundary line of said tract, a distance of 476.25 feet to the Place of Beginning and containing 1.095 acres of land, more or less. EXHIBIT "A" (2 of 2) STREET RIGHT OF WAY ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the E. Morris survey, Abst. No. 868, and also being part of a tract of land as conveyed from Burley E. Lauderback to Drill Equip, Inc. by deed dated July 10, 1986 and recorded in Volume 1927, Page 393 of the Deed Records of Denton County, Texas, and more particularly described as follows BEGINNING at the southwest corner of said tract, said point also lying in the west boundary line of said E. Morris survey, said point also lying in a north-south public road known as Woodrow Lane; THENCE north 01° S9' 45" west (by deed north 01° 26' 10" west) along the west boundary line of said tract and in said road a distance of 363.17 feet to the northwest corner of said tract for corner, THENCE north 88° 05' 18" east (by deed north 88° 10' 20" east) along the north boundary line of said tract a distance of 78.26 feet to a point for corner; THENCE south 0° 45' 26" east a distance of 125.81 feet to a point for corner, THENCE south 7° 02' 25" west a distance of 240.07 feet to a point lying in the south boundary line of said tract for corner; THENCE south 87° 43' 45" west (by deed south 87° 44' 20" west) along the south boundary line of said tract a distance of 37.83 feet to the Place of Beginning and containing 0.5308 acres of land, more or less. Next Document 1990L RESOLUTION NO./~ A RESOLUTION ADOPTING A POLICY REGARDING EMPLOYEE RULES AND REGULATIONS, AND DECLARING AN EFFECTIVE DATE WHEREAS, the Director of the Personnel/Employee Relations Department for the City of Denton has presented a proposed policy regarding employee rules and regulations for the Council's consideration; and WHEREAS, the City Council desires to adopt such policy as an official policy regarding employment with the City, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON. SECTION I. The following policy, attached hereto and made a part hereof is hereby adopted as an official policy of the City of Denton, Texas: 106.09 Position Classification and Evaluation/Classified Service SECTION II. The foregoing policy is attached hereto and made a part hereof and shall be filed in the official records with the City Secretary. SECTION III. The Employee Rules and Regulations of 1976 adopted by Resolution of the City Council on February 1, 1977, are hereby rescinded to the extent they conflict with the foregoing policy and with any administrative procedures and directives issued under the authority of the City Manager implementing the policy hereby adopted. SECTION IV. This Resolution shall become effective immedi- ately upon its passage and approval. PASSED AND APPROVED this the ~'~ day of ~~_, 1987. ATTEST. APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON PAGE__OF POLIOY/ADMINIaTRAT]~¥u PROOBDURU/ADMINIaTRATIVU DIRBOTIVE REFERENCE SECTION NUMBER PIERSONNEL/KMPLOYEE RKLATTONS 106 09 EFFECTIVE DATE SUBJECT AND 8AI'.ARY PLAN REPLACES TITLE POSITION CLA-~SIFICATION AND EVALUATION/CLASSIFIED SERVICE Polic~ Statement These classification spectfto&ttons are initiated by the respective departments, and evaluated and maintained by the Personnel Department Requests flor new positions or reclassification of an exiatinE position may be made to the Personnel Department The Personnel Department will be responsible for out- llning the proper procedures for position classification and reclassification requests, as well a8 evaluatins al1 positions for pay purposes 0524g 09/25/87 1981L RESOLUTION NO.~9 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS OR HIS DESIGNEE TO LEASE ALL RESIDENTIAL PROPERTY OWNED BY SAID CITY LOCATED ON EDWARDS LANE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton owns certain real property located on Edwards Lane; and WHEREAS, the City o£ Denton desires to enter into agreements to lease said properties for use as residences, and WHEREAS, the City Council of the C~ty of Denton, Texas, believes it to be in the interest of the City to authorize the C~ty Manager to execute lease agreements relating to said properties on behalf of the City, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the City Manager, or his designee, is hereby authorized to execute lease agreements on behalf of the City o£ Denton relating to all properties located on Edwards Lane on the best terms he is able to negotiate. Each original executed lease agreement shall be flied ~n the official records of the C~ty by the City Secretary. SECTION II. The format of the lease shall be ~n the form attached hereto. SECTION III. That this resolution shall become effective ~mmediately upon its passage and approval. PASSED AND APPROVED this the ~'(/ day of ~, 1987. ATTEST: APYROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1981L THE STATE OF TEXAS g LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND COUNTY OF DENTON ~ By this Agreement made and entered Into this day of , 19 , between the City of Denton, Texas, a municipal corporation, as Lessor, and as Lessee, in consideration of the covenants ot t~e Lessee hereinafter set forth, Lessor demises and lets to Lessee the premises at , situated in the City of Denton, County of Denton, State of Texas, together with all appurtenances, for a term of one (1) month, commencing on the day of , 19 , renewable from month to mon~pon compliance with th~ Covenants, terms, and conditions contained herein, as follows I. It is agreed that Lessee shall pay to Lessor the sum of Dollars per ~onth as and for rental of the premises. All rent shall be payable in advance on or before the day of each month at the Public Works Office located at-"904 Texas Street, Denton, Texas 76201 or payment may be mailed to the Public Works Department, 21S East McKinney Street, Denton, Texas 76201 Rent paid after such date is delinquent. If all rent is not paid on or before the day of the month, Lessee agrees to pay a late charge of $ ' , plus an additional late charge of $ per day thereafter until pa~d in full. Lessee agrees to pay a $ charge for each returned check, plus late payment charges. Prorated rental from commencement date to the first of the next month Is $ All monies received by Lessor shall be applied first to non-rent obllgatlons of Lessee, then to rent, regardless of notations on checks, and regardless of when the obligation arose. At Lessor's option, Lessor may at any time require that all rent and other sums be paid in either cash, certified check, cashiers check, money order, or one monthly check rather than multiple checks II. Receipt is hereby acknowledged of One Hundred Dollars ($100.00) as a security deposit for the faithful performance of this agreement. The same shall be returned to the Lessee upon vacating the premises in a clean condition, less all charges for damages done to the property, and the return of all keys thereto. After lawful deductions have been made, the balance of all security deposits and an Itemized accounting of any deductions will be mailed to Lessee no later than thirty (30) days after all Lessees have moved out. III. Receipt is hereby acknowledged of $ , including the total o£ £irst months rent and hal£ 3£ last months rent The remaining portion o£ last months rent ~s due with payment of second months rent. Payment of rent shall be an independent covenant IV. Lessee shall pay for all water, gas, heat, l~ght, power, telephone service, and all other service supplied to the premises. V Lessor covenants that, on paying the rent and per£ormlng the covenants herein contained, Lessee shall and may peaceably and qu~tely have, hold and enjoy the demised premises for the agreed term, VI. Lessee shall use the leased premises exclusively for a private residence, and shall not, w~thout Lessor's prior written consent, assign this lease or subject the whole or any part of the leased premises, or make any changes or alterations to the premises Any changes or alterations made in violation o this agreement shall become the property o£ the Lessor. VII SPECIAL EXCEPTIONS The £ollowlng speclal provisions and addendums shall control over any conflicting provisions of th~s lease VIII. RULES AND REGULATIONS Lessee, his guests, and other occupants shall comply with all written rules and regulations, which shall be considered part of this lease. Lessee agrees that the conduct of Lessee, his guest, PAGE 2 and other occupants shall not be disorderly, boisterous, or unlawful, and shall not dlsturo the rights, comforts, or conveniences of other persons in the neighborhood Lessee shall be liable to Lessor for damages caused by Lessee, his guests, burglars and other occupants of Lessee's house. Lessor may prohibit from the premises any guest who in the Lessor's reasonable judgment has been disturbing the peace, or violating the rules and regulations of the lease. Lessor may make reasonable rule changes in wrltlng which shall be forwarded to Lessee. Changes will be effective immediately. Ail rule changes may be enforced through Lessor's representatives or agents and Lessee shall hold same harmless from reasonable enforcement. I× LIABILITY Lessor will not be liable to Lessee, his guests, or other occupants for any damages or losses to person or property caused by other occupants or persons, theft, burglary, assault, vandalism, or other crimes. Lessor shall not be liable for personal injury or for damage to or loss of Lessee's personal property (furniture, )ewelry, clothes, etc.) from fire, flood, water leaks, rain, hall, ice, snow, smoke, lightning, wind, explosions, Interruption of utilities or other occurrences unless such injury or damage is caused by the sole negligence of Lessor. Lessee is strongly urged to obtain insurance at his own expense, to protect against all of the above contingencies. Lessee, after inspection, agrees that existing locks and latches are safe and acceptable, and Lessor shall have no duty to furnish security guards, or additional locks and latches. Lessee shall not duplicate keys or re-key locks without Lessor's written consent. X. REPAIR AND MALFUNCTIONS Lessee agrees to request all repairs and services in writing to Lessor's designated representative, except in an emergency when telephone calls will be accepted. Verbal notice will not be permissible under any other c~rcumstance. Lessor may enter premises at anytime with the consent of Lessee and at all other reasonable times for business purposes. If no one is present In the residence, then repairmen, servicemen, or Lessor's representatives may enter at reasonable times by duplicate or master key, or by other means if locks have been changed in violation of this lease, If: (a) written notice of such entry is left in the house Immediately thereafter, and (b) such entry is made in accordance with the provisions of thls lease or otherwise reasonable under the circumstances. Lessor shall have the right to temporarily turn off equipment and Interrupt utilities to avoid damage to property or to perform repairs or maintenance which PAGE require such lnterrup ion. In case of damage by fire, water, or Slmllar cause, Lessee shall notify Lessor's representative immediately. The lease shall continue during time of repair and the rent shall not abate during such period. If fire or catastrophe damages to the premises renders it unlivable, Lessor may terminate this lease within a reasonable time by giving written notice to Lessee. If the lease is terminated, rent shall be prorated and the balance refunded along with all deposit(s), less lawful deductions. XI. Lessee shall use reasonable diligence in care of the house (a) Lessee shall not make any alterations of Lessor's property or fixtures without prior wrttten consent of Lessor. No holes or stickers shall be put anywhere ~nslde or outside of the house, except a reasonable number of small nail holes for p~cture hanging will be permitted in sheetrock walls and in grooves of wood-paneled walls. No water furniture, antenna Installations, or lock changes, including addition of locks, will be permitted except by Lessors prior written permission. Lessee will not remove Lessor's fixtures or property from the premises for any purpose. When movlng out, Lessee agrees to surrender house in the same condition as when received, reasonable wear excepted. Reasonable wear means wear which occurs without negligence, carelessness, accident or abuse. Lessee further agrees to keep the grounds in near order and condition and to permit no waste or ~njury to the growing plants and vegetation thereon Garbage shall be disposed of only in appropriate receptacles, and Lessee shall keep all areas clean and sanitary. (b) Lessee shall promptly reimburse Lessor for loss or property damage caused by Lessee's negligence or ~mproper unreasonable act of any occupant or guests. Lessor will not be liable for and Lessee shall pay for the following if it occurs during the lease term or renewal perxod (~) damage to doors, windows, or screens unless due to sole negligence of Lessor, (il) repair costs and damages from plumbing stoppages, and (Ill) damages from doors or windows left open. Lessor may demand advance payment of repairs for which Lessee is liable. (c) Lessee accepts the house, fixtures and or furniture as Is, except for conditions materially affecting health or safety of ordinary persons. Within 72 hours after move-in, Lessee shall note any defects or damages and inform Lessor or Lessor's representative; otherwise, everything will be deemed to be in clean and good condition. When Lessee moves in, Lessor shall furnish light bulbs of prescribed wattage for lighting fixtures and any lamps furnished by Lessor, thereafter, light bulbs will be replaced at Lessee's expense. PAGE 4 Lessee shall not keep or have on the leased premises any article or thing of a dangerous, inflammable, or explosive character that might Increase the chance of eruption of fire on the leased premises, or that, ordinarily, would be considered "hazardous" by any responsible Insurance company, or a reasonable and prudent Individual. XIII Lessor may, but shall not be obligated to, enter the premises at any reasonable time, on reasonable notlce to lessee (except in case of emergency) for the purpose of inspection or the making of such repaira, replacements, or additions la, to, on and about the premises as Lessor deems necessary or desirable. ~IV. Either party hereto may terminate this lease upon thirty (30) days written notice to the other. Failure of the Lessee to so notify the Lessor shall constitute forfeiture of the security deposit herein. If Lessee moves out prior to the end of the lease term or renewal period, Lessor may re-enter and take possession. Thereafter, Lessee shall no longer be entitled to occupancy nor keys. ×V. In the event the Lessee shall default in the prompt payment of rent when same is due, or violate any of the covenants, conditions, or provisions of this agreement, Lessor may send written notlce of such default by mall or otherwise, to the demised premises, and unless Lessee shall completely cure said default within three (3) days after sending notice, Lessor may, at its option in writing to Lessee, declare this lease terminated and may institute and maintain the statutory suit of forcible entry and detainer in the proper Court and obtain a writ of possession thereby. Ail ro erty laced upon the premises by the ~J~en.~ an? sub.ct to ter es eviction suit, Lessor may still accept rent or other sums due. Lessor max report unpaid rental or unpaid damages to local credit agencies for recordation in Lessee's credit record. Lessors failure or delay in demanding rent, damage reimbursement, late payment charges, returned check charges, or other sums due by Lessee, shall not be deemed a waiver; and Lessor may require payment of same at any time including deduction from security deposit. If Lessee holds over and falls to vacate on or before the required move-out date, Lessee shall be liable to pay rent for the holdover period and reimburse prospective Lessees for damages, including lost rentals, lodging expenses and attorney's fees. XVI. The failure of either party to insist on strict performance of any covenant or condition hereof, or to exercise any option herein contained, shall not be construed as a waiver of such covenant, condition, or option in any other instance. XVII. This agreement constitutes the entire agreement of the parties hereto, and no other agreements, promises, or representations shall be of any force or effect unless in a future writing signed by the party making such agreement, promise or representation. XVIII. Lessor agrees to give at least thirty {30) days prior written notice in the event of rent increase. XVIX. The covenants and conditions here~n contained shall apply to and bind the heirs, executors, or assigns of the parties hereto and all covenants shall be construed as conditions. EXECUTED thls day of , 19 CITY OF DENTON, TEXAS, LESSOR LESSEE BY' PAGE 6 THE STATE OF TEXAS COUNTY OF DENTON On this day of , 1987, before me, the undersigned No-~i~-ffy Public, personally appeared personally known to me to be the person who executed the within Instrument on behalf of the municipal corporation there~n named and acknowledged to me that he/she executed same as an act and deed of the corporation. WITNESS my hand and o£f~c~al seal. NOTARY PUBLIC, STATE OF TEXAS THE STATE OF TEXAS ~ AFFIDAVIT COUNTY OF DENTON ~ BEFORE ME, the undersigned Notary Public, on this day per- sonally appeared , known to me to be the person who executed the foregoing instrument and acknowledged to me that same was executed for the purposes and consideration there~n expressed. Subscribed and Sworn to before me th~s day of , 1987. LESSEE/AFFIANT NOTARY PUBLIC, STATE OF TEXAS PAGE 7 CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8307 Office of the City Manager MEMORANDUM TO. The Record Pursuant to Resolution No. R87-069 FROM: Lloyd Harrell, City Manager DATE November 19, 1987 SUBJECT LEASE OF RENTAL PROPERTY I hereby designate Bill Angelo, Director of Community Services, to execute lease agreements on behalf of the City of Denton relatlng to all City-owned properties located on Edwards Lane. LH/LC/sc 11c11198734 2017L RESOLUTION NO.~ A RESOLUTION DESIGNATING THE DATE FOR RUNOFF ELECTION DAY WHEN SUCH AN ELECTION SHALL BE NECESSARY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 2, Section 2.025, Election Code has been amended to require that, when necessary, the Czty shall desxgnate the next to the last Saturday in the month of May as Runoff Electxon Day as a result of any electxon held on the f~rst Saturday xn May, and WHEREAS, in recognition of and ~n complxance w~th th~s enactment by the legislature of the State of Texas, the C~ty Counczl of the City of Denton, Texas, w~shes to designate a Runoff Electxon Day; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the C~ty Council of the C~ty of Denton hereby designates the next to last Saturday ~n May as Runoff Election Day, when necessary, as a result of any elect~on held on the f~rst Saturday in May. SECTION II. That th~s resolution shall become effective ~mmediately upon ~ts passage and approval. PASSED AND APPROVED th~s the ~/'~ day of ~, 1987. ATTEST: JE~IFER ~[AI~TERS, CITY SECRETARY APP~[OVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 198ZL RESOLUTION NO. A RESOLUTION LEASING PARKING SPACES LOCATED ON THE WILLIAMS TRADE SQUARE AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has improved and maintained the area known as the "Williams Trade Square", and WHEREAS, such improvements include paved parking spaces, and WHEREAS, the City of Denton desires to lease parking spaces in order to recover the cost of the maintenance and improvements, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the Mayor of the City of Denton, Texas is hereby authorized to execute an agreement between the City of Denton and County of Denton to lease parking spaces at the "Williams Trade Square", a copy of which agreement is attached hereto and incorporated by reference herein. SECTION II. That this resolution shall become effective lmmedia'tely upon its passage and approval. PASSED AND APPROVED this the ~~ day of~, 1987. ATTEST J~IF~I(-~ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1982L THE STATE OF TEXAS ~ LEASE AGREEMENT COUNTY OF DENTON ~ This agreement is made and entered into on this 15th day of November, 1987, by and between the City of Denton, Texas, hereinafter referred to as Lessor, and Denton County, Texas, hereinafter referred to as Lessee. WITNESSETH 1. Lessor leases to Lessee and Lessee leases from Lessor thirty (30) parking spaces at the Williams Trade Square for a period of one (1) year commencing on the 15th day of November, 1987, at an annual rate of One Hundred Sixty-eight Dollars ($168.00) each to be occupied as a parking lot only. 2. Lessee will pay the rent annually on the 15th day of November with the payment for the first year being due at the time this lease is executed. 5. This lease may be extended for a one (1) year period by Lessee glvln8 to Lessor thirty (30) days written notice prior to the expiration of the lease or any renewal thereof of its intent to renew this lease, provided, however, that Lessee shall not have the right to renew for any term subsequent to the term expiring on November 14, 1990. 4. Lessee agrees to allow Lessor to have free access to the premises, to leave the premises, on termination of the lease, in good repair; not to assign nor sublet the premises or any part thereof; and to hold Lessor harmless and indemnify Lessor from any claim, damages or loss resulting from the use of the parking lot as to any use of said premises by Lessee. Executed on this the.._.___~/day of~//~~r , 1987 CITY OF DENTON, TEXAS DENTON COUNTY, TEXAS BY. ~//~~ BY. COUNTY JUDGE -- 2055L RESOLUTION NO. ~__~ A RESOLUTION CASTING VOTES FOR THE APPOINTMENT OF MEMBERS TO THE BOARD OF DIRECTORS OF THE COUNTY WIDE APPRAISAL DISTRICT AND DECLARING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS. SECTION I. That the City Council of the .City of Dentoq, Texas, hereby casts all of its 506 votes for O0~)~ as a member of the Board of DIrectors of the County Wide fpp~Jaisai D~str~ct for the County of Denton, Texas. SECTION II. That th~s Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the ~ day of ~, 1987. ATTEST: JE~IFER-~I~AZTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: ~ ~ ~ 2052L RESOLUTION NO.~ A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE COUNTY OF DENTON AND THE CITY OF DENTON FOR LIBRARY SERVICE; AND PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I. That the Mayor of the City o£ Denton, Texas is hereby authorized, on behalf of the City of Denton, to execute an agreement between the County of Denton and the City of Denton relating to the provision of library service, a copy of which agreement is attached hereto and made a part hereof. SECTION II. That this resolution shall become effective immediately upon its passage and approval. ATTEST. JE~IMERWALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY THE STATE OF TEXAS )( COUNTY OF DENTOH X [NTERLOCAL COOPERATION AGREEMENT TtlIS AGREE[~IEHT Is made end entered into th~s ~ day of'~, 1987, by and between DENTON COUNTY, a polltioal subdivision of the Great State of Texas, hereinafter referred to interehangeably as "Denton" or "County", and the CITY OF DENTON, a mun~eipal~eor~ration organized under the laws of Texas, herelaafte~ referred to as "AGENCY**. ~HEREAS, Denton is a duly organized poilUeal subdivision of the State of Texas engaged ia the administration of County Government and related services for the benefit of the citizens of Denton County, and WItEREAS, AGENCY Is a duly organized municipal eorporatlon organized under the laws of Texas engaged in the provision of libra~ service and other municipal services for the benefit of the citizens of Denton County, Texas, and WHEREAS, Denton and AGENCY desire to improve the efficiency and effectiveness Of local governments by authorizing the fullest possible range of intergovernmental contracting authority at the local level for aU or part o[ the functions and services of polJoe protection and detention services, fire protection, streets, roa~, and ~alaage, public health and welfare, parks, reereation~ libra~ services, museum ~rviees~ waste disp~al, pisnnlag, englaeering~ and administrative fuaetio~ such as tax asse~ment and collection, pe~onnel serviees~ purehasJng, data processing, warehousing, equipment repair, and printing, and WIIEREAS, Denton and AGENCY mutually desire to be subject to the provtslom of TEX REV CTY. ~AT. Art, 4413 (32e)~ (Yeraoa Supp. ), the Interioeal Cooperation Aot, and, NOW TDE~EFO~E, Denton and AGENCY, for the mutual consideration hereia~fter stated, agree and understand as follow~ I. The e[feetlve date o[ thin agreement shall be the IHt day of October, 1987. II The initial term of this Agreement shall be for the period of October 1, 1987 to and through September :]0, 1088, Thereafter, this agreement shall be renewed for suoeesslve nddltionel periods of twelve (Ii) month increments from the termination date provided that County and Ageney agree In writing on or before the first day of September of each year, to the amount of consideration to bo paid hereunder for each suceseslve term. IlL For tho purposes and consideration herein stated and eantemplated, Denton shall provide the following necessary and appropriate servlese for the residents of Denton County AGENCY to the maximum extent authorized by this agreement, without regard to rase, religion, color, age, end national origin, to wit 1. Library serviesa end other related services for the benefit end to serve the public eonvenlenoes end neonsslty of the eitlaens el' Denton County, Texas. IV. lnesmuoh as the CITY OP DENTON PUBLIC LIBRARY is for the use, benefit and enjoyment Of ali citizens of Denton County, Texas, upon proper proof by Individual(s) of residenon of Denton County, Texas, suoh Individual(s) shall be entitled to be Issued, at no east, a "library card" to be used in eonnectian with said library servlons~r DENTON shall designate Eonorable Vlo Burgess to act on behalf of DSN?ON, snd to serve os "Liaison Offloer" for Denton with and between DENTON and AGENCY. Banorab~c Vie Burgess or his deslgneted ~ubstltute shall m~ure the performance of all duties and obligations of DBN?ON herain stated, and, shall devote sufficient time and attention to the axecutlon of said duties on behalf of DENTON In ~ull compliance with thc tcrma and oondltlons of this ngrcement, and, shall provide Immedlete and direct supervision of BENTON'S employees, agents, eontraotors, sub-cantraetors, and/or laborers, if any, in the futheranee of the purposes, terms and conditions of this Agreement for the mutual benefit of Denton and AGENCY. VI AGENCY shall designate Joella Orr, Library Dlreotor to ant on behalf of AGBNCY, and to serve as "Liaison" for AGENCY with and between, AGENCY and Denton to Insure the performance of all duties and obligations of AGENCY es herein stated, and, shall devote sufflolant time and attention to the execution of said duties on behalf of AGENCY in full compliance with the terms and oonditlons of this agreement, and, shall provide immediate and dlreot supervision of the AGENCY employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement tot the mutual benefit of AGENCY and Denton VII. AGENCY agrees to indemnify end hold harmless Denton, Its agents, and employees, from and against all claims, damages, losses, and expenses, ineluding reasonable attorney's fees in ease it shall be necessary to pur~ue legal action, arising out of performance of the services and duties herein which ere, or ere alleged to have been caused In whole or In part by Denton or AGENCY, Including but not necessarily limited to any negligent act and/or omission of any employee of AGENCY, Its directors, members, or that of e sub*eontrantor of AGENCY, or that of anyone employed by or eontrected with AGENCY for whose acts Denton and/or AGENCY is liable. VIII AGENCY agrees to indemnify end hold harmless DENTON, its agents, and employees, from end against all claims, damages, losses, end expenses, including reasonable attorney's fees in ease it shall be necessary to file an action, arising out of performance of the services end duties herein stated, which are (1) for bodily injury, illness, or death, or for property dumege, including loss of use, and (2) caused in whole or in pert by AGENCYtS negligent net end/or omission, or that of e sub-eantreetor of AGENCY. or that of anyone employed by or contracted with AGENCY for whose nets the AGENCY is liable. IX. The AGENCY shall be soley responsible for all tanhniques, sequences, procedures, and means, and for the coordination of all work performed under the terms and conditions of this agreement, shall insure, dudieete and devote the full time end attention of those employees necessary for the proper execution and completion of the duties end obJignttons of the AGENCY stated in this agreements and give all attention nanessary for such proper supervision end direction X. DENTON agrees to and aneepts full responsibility for the ants. negligence, end/or emissions of all DENTON*S employees, and agents. DENTONtS sub-contractors, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with said DENTON. XL The AGENCY agrees to and ecoepte full responsibllty for the acts, negligence, end/or omissions of all the AGENCY*S employees, and agents, the AGENCY*S sub- oontraotore, and/or oontraet laborers, and for those of all other persona doing work under a contrast or agreement with said AGENCY, XIi, DBNTON agrees to and eeoupts the duty end responsibility ~'or and overseeing all safety orders, precautions, programs, and equipment necessary to the reasonable safety of DENTON*8 employees, and agents, DENTON*S sub-ooutraetors, and/or eon tract laborers, and all other persons doing work under a eoutraet with s~id DENTON. XIII. The AGENCY agrees to and aeeepts the duty and responslbllty for and overseeing all safety orders, preeautlous, programs, and equipment necessary to the reasonable safety of the AGENCY*S employees, end agents, the AGENCY*S sub*contractors, and/or contract laborers, and all other persons doing work under a contract or agreement with said AGENCY. XIV. AGENCY understands and agrees that the AGENCY, its employees, servants, agents, and representatives shall et no time represent themselves to be employees, servants, agents and/or representatives of DENTON. XV. DENTON understands and agrees that DENTON, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of AGENCY. ;(VI "DENTON", Denton County is a political subdivision ct' the State of Texas The add, ers of "DENTON" is Commissioners Court of Denton County Commissioners Court Building 212 W. Sycamore Denton, Texas 76301 Telephone (817) 383-8399 Attn Honorable Vie Burgess Denton County Judge XVIL AGENCY is a publie esrviee organization of Denton County, Texas. The address Of "AGENCY** is CITY OF DENTON 3135 E. MoKINNEY DENTON, TEXAS 76201 Telephone (317)566-8472 A ttn XVlll For the services hereinabove stated, DHNTON agrees to pay to AGENCY for the full performanne of this agreement, $1.00 per capita of 98,410 or the sum of NINETY- EIGHT THOUSAND FOUR HUNDRED TEN AND 00/100 AND NO/100 ($98,410 00) DOLLARS to be paid in equal quarterly installments of TWENTY-FOUR THOUSAND SIX HUNDRED TWO AND 50/100 DOLLARS eommenelng October 1, 1987. In addition, DENTON agrees to pay to ACIENCY ap to FIVE THOUSAND AND NO/100 ($5,000°00) DOLLARS Jn rnatnhing funds upon receipt of proof from the AGENCY that revenue from sources other than Oenton County has been received and that this information shall be provided each quarter to DBNTON and will be matched in full each quarter until such time that $8,000.00 has been paid. OBNTON understands and agrees that payment by DENTON to the AGENCY shall be made in accordance with the normal and customary proeessns end business proeedurns of DENTON. XIX. This agreement may be terminated at any time. by either party giving sixty (60) day advanee written notice to the other party. In the event of such termination by either party, AGENCY shall be compensated pro rata for ail services performed to termination date, toEether with reimbursable expenses then due and as authorized by this agreement. In the event of such termination, should AGENCY be overcompensated on a pro rata basis for all services performed to termination date, and/or be overcompensated for reimbursable expenses as authorized by this agreement, then DENTON shall be reimbursed pro rata for all such overeompensatlon Acceptance of' said reimbursement shall no constitute a waiver of any claim that may otherwise arise out of this Agreement This Agreement may also be terminated immediately in ease of sueoeasfut election to rollback County taxes and Agency may terminate, upon 30 day*s notiee should a rollbeek election be ordered. XX. This agreement represents the entire and integrated agreement between AGENCY and Denton and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both AGENCY and Oenton. XXI The validity of this agreement and of any of its terms or provisions, as welt as the rights and duties of the parties hereto, shall be Hoverned by the laws of the State of Texas. Further, this agreement shall be performable and all eomponsation payable in Denton County, Texas. XXII In the event that any portion of this agreement shall be found to be contrary to law it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XXlll. The unde~igned offleer and/or agents of the parties hereto ere the properly authorized offiolals end have the necessary authority to execute this agreement on behalf et' the parties hereto, and each petty hereby certifies to tho other that any necessary resolutions extending said authority have been daly passed and are now in full force end effeet, Executed in daplleate orilllnals at Denton, Denton County, Texas on the day and year first written above. **DENTON** **AGENCY" DENTON COUNTY, TEXAS 21Z W. gyearnore Denton, ~201 ~tlng on ~holf of, and b~ the ~ulho~g~ of the tho ~uthorlt~ of th~ Commlsslone~ Cou~t of AGESCY Denton County, Texas ATTEST. ATTEST, DENTON COUNTY ATTORNEY ETATR OF TEXAS X COUNTY OF DENTON X BEFORE ME, the undal'signed authority, on this day personally appeared the Eonorable Via BurEess, Benton County Judge, known to me to be the pe~s~ whose nam~ Is auto, ibrd to the foregol~ lnst~ment and a=kowle~ed to me that he executed tho foregoing interloo~l Cooperation Agreement for t~ put.sas and oonsidaratlon therein expr~sed, In the ~apaolty stated, and as t~ eot a~ ~ed o~ ~ald C~nt~. under my band and seal of ottl=e this tho ~ day of ~, 198~. GIV;~ ~ JOE ANN ANDREWS ~ Publl~ In 'agd' ~ - ~ [~ Notary Public State of Texas ~ State at ~exas. ~My C0mm~ss~0n Expires Apnl 24 1989 ~y Commission expiree (Notaey~a Print~ Name) SEAl. THE STATE OF TEXAS C~UNTY OF DENTON BEFORE MB, the undersigned authority, on this day personally appeared ,4q, eeld~ of AGENCY, known to me to be the person whose name is subserlhod to the foregoing instrument and acknowledged to me that he executed the foregoing Interloeal Cooperation Agreement foe the puq)osas and consideration therein expressed, and in the rapacity stated, end as the art and deed of said AGENCY, GIVEN under my hand and seal of offlee this the /,~:"~ay of Oetobar, 1987. No~VP.Mk~&'mdT~Asl ~O~ery Publlo In end Myleeml~ea~l#aAILl#~ ttle State of Texas, My Commission expires. (Notary's Printed Name) 1281L RESOLUTION A RESOLUTION APPOINTING MEMBERS TO THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office for Places 6, 8 and 9 on the Board of Directors of the North Texas Higher Education Authority, Inc., expired September 30, 1987; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON SECTION I. That Dr. Llndsay Keller is hereby reappointed to Place 6 on the Board of Directors of the North Texas Higher Education Authority, Inc. for the October 1, 1987 through September 30, 1989 term. SECTION II. That Mr. Michael Grandey is hereby reappointed to Place 8 on the Board of Directors of the North Texas Higher Education Authority, Inc. for the October 1, 1987 through September 50, 1989 term. SECTION III. That Mr. James Brock is hereby appointed to Place 9 on the Board of Directors of the North Texas Higher Education Authority, Inc. for the October 1, 1987 through September 30, 1989 term. SECTION IV. That this Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the /?~'/day of ~~_, 1987 ATTEST: APPROVED AS TO LEGAL FORM' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 2047L RESOLUTION NO.~5 A RESOLUTION RELATING TO THE CREATION OF AN INTERIM AGENCY TO ACT PRIOR TO THE CREATION OF A COUNTY WATER/WASTEWATER MASTER PLAN, PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton County Water Study Steerxng Committee has investigated and developed alternative plans for providing whole- sale water and wastewater service to the Denton County communities and water supply corporations, and WHEREAS, the present Denton County Water Study w~th Con- sultlng Engineers, Espey, Houston and Associates is drawing to a conclusion, and WHEREAS, the Denton County Water Study Steering Commxttee has recommended the Trl-Reglonal Strategy Plan as the Master Plan for the long-range water and wastewater service needs of Denton County, and WHEREAS, the Denton County Water Study Steering Committee recommends that the commun~txes and water supply corporations of Denton County select a single plan and begin lmplementatxon of a Master Water/Wastewater Plan for the Denton County Area; and WHEREAS, it will be m~d-1989 before a fully operatxonal Denton County Area Water Agency can be created to fully implement such a plan; and WHEREAS, several ~nterlm activities may be necessary that require actton by a legally authorized water purveyor prtor to creation of such Regional Agency, and WHEREAS, the Denton County Water Study Steering Committee has requested and recommended that the City of Denton and the Ctty of Lewlsvllle jointly serve as this Interim Agency; NOW, THEREFORE, BE IT RESOLVED SECTION I. That the governing body of the City of Denton, Texas does hereby recommend, endorse, and authorize the Denton Mun~clpal Ut~llt~es Department, in conjunction with the City of Lewlsvllle Public Service Department, to serve as the Interim Agency prior to the creation of the Regional Agency to ~mplement the Denton County Water/Wastewater Master Plan until such t~me as an operational Regional Agency can be created. SECTION II. That the C~ty Council hereby agrees ~n principle to f~nanclally support such Interim Agency. The f~nanctal support PAGE 2 shall be limited to existing funds previously provided by the City of Denton in the amount of Eleven Thousand Three Hundred and Ten Dollars {$11,310.00). Due to the participation by the State of Texas, in an amount not to exceed £1fty percent (S0%) o£ the contract price of the study, the remaining funds shall be reserved to support the Interim Agency. SECTION III. That the creation of an Interim Agency Advisory Committee to guide the Interim Agency's activities until the creation of the Regional Agency is complete is hereby endorsed. PASSED AND APPROVED this the /~/~'~day of November, 1987. ~R'AY STEPHENS', ' MAYO'P, ATTEST: APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY PAGE 3 2089L RESOLUTION NO.~ A RESOLUTION CHANGING THE REGULAR COUNCIL MEETING OF DECEMBER 1S, 1987 TO DECEMBER 8, 1987, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the regular Council meeting of the City of Denton scheduled for December iS, 1987 is hereby changed, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON' SECTION I. That the regular Council meeting to be held on December 1S, 1987 be changed to December 8, 1987. A~AY 'STEPHENS, MAYOR ATTEST: JE~IFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY Next Document 2094L RESOLUTION NO./~ A RESOLUTION ADOPTING POLICY NO . 108 . 10 "HARASSMENT" , AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Director of the Personnel/Employee Relations Department for the City of Denton has presented a proposed policy regarding employee rules and regulations for the Council's consideration; and I~HEREAS, the C~ty Council desires to adopt such policy as an official policy regarding employment with the City, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON THAT SECTION I. The following policy, attached hereto and made a part hereof, is hereby adopted as an official policy of the City of Denton, Texas: Harassment (Reference No. 108.10) SECTION II. The foregoing policy is attached hereto and made a part hereof and shall be filed *n the official records of the City of Denton w~th the City Secretary. SECTION III. The Employee Rules and Regulations of 1976 adopted by Resolution of the City Council on February 1, 1977, and the Sexual Harassment Policy adopted December 17, 198S, are hereby rescinded to the extent they conflict w~th the foregoIng policy and administrative procedures and d~rectlves issued under the authority of the City Manager ~mplementlng the policy hereby adopted. SECTION IV. This Resolution shall become effective ~mmed~- ately Upon its passage and approval. PASSED AND APPROVED this the /~'lf' day of ~~.~, 1987. ATTEST' API~ROVED AS TO LEGAL FORM' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON F,,oE OF ,,,P, OLICY/ADMINISTRATZVZ P~OCIDURZ/A~DMI~IISTR&TIV~ DIRECTIVE REFERENCE SE~ION NUMBER P~RSO~N~/~LO~ R~LAT~ONS 108 10 SUBJE~ EFFE~IVE DATE STAN~A~S O~ CO~DUCT 12/01/87 HA~SS~E~ ~ 12/17/85 POLICY STATE~gNT It is the policy of the City of Denton to prohibit any form of sexual, racial, ethnic, and religious harassment of municipal employees or ap- plicants. The City of Denton recognizes that sexual, racial, ethnic, and religious harassment is a violation of federal, state and local laws The City em[ntains a strict policy that harassment, whether sexual, racial or religious [n nature, [n the work place is not acceptable and will not be tolerated Ali employees are expected to refrain from exhibiting any unweZcoBe behavior or d[splay[n~ conduct toward any other employee which could be interpreted as harassment DEFINITIONS The definitions listed below are in accordance with the guidelines adopted by the Equal Employment Opportunity I Sexual Harassment - Unwelcome sexual ~vances, requests for sexual ~avors, and other verbal (slurs, Jokes) or physical conduct of a sexual nature constitute sexual harassment ~hen a. Submission to such conduct [8 made either a te~m or condition o~ emp[o~ent, or b. Submission to or rejection of such conduct by ~ individual is used as the basle flor emplo~ent decisions affffeetin8 the individual, or c. Such conduct has the purpose or effect of [nterffer[n~ ~ith an individual's perffo~ee or ereatin~ an [nt[midatin~, hostile, or o~fensive ~orkin8 env~ro~ent Ex.pies include I Unwelcome sex-or~ented verbal "kiddie,,, 2 Unwelcome teasing or Jokes, Subtle pressure ~or sexual P~eEoal contact such as patting, pinching or constant brushi~ ~ainst another's body, or 5. ~e~ds for sexual favors II. gthn~e/Rac[al Harassment - Ethnic or racial slurs or Jokes, and other verbal or pl~sieal conduct relating to an ind[vidual,s national origin or race constitute harassment ~hen th[~ conduct POLIO?/&DMIMIS?R&?IVB pROOBDURIj/~__n~!_u_!_OTB&?IVB DIlUOTXV! (Oontiausd) a. Hns the purpose or effect of creatins an lntimidatinf, hostile, or offensive workin8 enviromnent; or b. Has the purpose or effent of lnterferinf with an individual*s work perfomeaoe; or n. Adversely affects on individual's emplo~nent opportunities ZIZ. Relifious Harassment - aellalous slurs or Jokes, and other verbal or p~ysic&l nondunt tel&tins to an individual's reliilous beliefs constitute harassment when the conduct. a. Has the purpose or effect of crv&tinS an intimidatin8, hostile, or offensive workins environment; or b. Has the purpose or effect of lnterferins with an individual's work perfomsmoe; or c. Adversel~ affents an individual's emplo~nent opportunities. An individual,s intentions mul motives are not the decisive factors in considorins allefed harassment behavior. The effect of one employee's be- havior upon another employee is the denisive factor If an lndiv~dual,s behavior is nonsidered to be offensive by another individual or if it has an lntimidatins effect upon another individual, sexual, rani&l, ethnic or relifious harassment me~ be present. ADHINISTRAT~¥E PROCEDURES: ~. Kaoh supervisor is responsible for maint&inins his or her work place free of sexual, racial, ethnic, and relisious harassment This duty includes disoussinS and enforcins this policy and procedure with all employees and &ssurins them that they are not required to endure insultins, desradins, or exploitative treatment rndividuals who experience harassment 8hall make it clear that such behavior is offensive to then. Ar~y employee who feels that he or she has been the victim of sexu&l, racial, ethnic, or relisious harassment should lnnediatel~ report the facts of the incident or incidents and the names of the individuals involved to his or her supervisor and the Director of Personnel/ Employee Relations or deslsnee. Should the mediate supervisor be the offendin8 p&rt¥, the employee meet report the allesed act to the next level of manqement and the Director of the Porsonnel/amploFee Rel&tions Department or desisnee In tions where the employee is not comfortable reportin8 the allesatlon to his/her immediate supervisor~ or the next level of mans~enent, PAGE~OF POLI(~Y/ADMINISTRATZVB PROGIIDURII/ADMXHISTRATIVB DIRB0?IYB (Oontinusd) I REFERENCE NUMBER he/she has the option to report only to the Director of Personnel/ Employee Relation8 or designee The Director of Personnel/Employee Relations and the man&get/supervisor are mutually responsible for notifyin~ each other when an allegation is reported Iii All allegations of harassment observed by or reported to a supervisor must be investigated ia~nediately by the Personnel Director or des[g- nee. All findings, decisions, and reconmMndations will be made on an individual basis oonsiderin~ the reoord as a whole on the totality of the circumstances, suoh ns the nature of the behavior and the contexts in which the alleged incidents occurred If harassment is found to exist, appropriate msnasement and supervisory personnel shall take prompt corrective action Anytime that sexual harassment becomes an issue of an alleged ant of sexual assault, the investigation must be coordinated with the City of Denton Police Department Appropriate disoiplinary action will be taken when the findings warrant such action Such disciplinary action should be determined by the nature of the wrongful act or acts and may result in immediate dismissaX V. Allegations of harassment shall be dealt with in strict confidence and any breach of confidentiality may result in disciplinary action The City's Problem Solving Policy #115 02 encourages employees to report any alleged infraction without fear or retaliation The City of Denton supports the State of Texas Retaliation Act, Policy #108 06, which protects a public employee who reports an alleged violation of the law. 0284g 12/01/87 1835L RESOLUTION NO .~~ A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS SUBMITTED JUNE 11, 1987 TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE VERIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, is concerned w~th the development of viable urban communities, ~ncludzng decent housing, a suitable living environment and expanded economic opportunlt~es; and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate income; and WHEREAS, the City of Denton, Texas, as an entitlement city, has prepared, through a citizen partlclpat~on process, a program for utilizing ~ts fourth year entitlement funds ~n the approximate amount of $571,558.00; and WHEREAS, the C~ty of Denton, Texas, had previously allocated an approximate amount of $25,000.00 of the entitlement funds for funding an ~ncubator study; and WHEREAS, the C~ty of Denton, Texas, now desires to reallocate an approxlmate amount of $25,000.00 of the incubator study funds for the purpose of a small bus~ness development center; NOW, THEREFOREw BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON SECTION I. That the City Council of the City of Denton, Texas, authorizes the City Manager to sign and submit to the Department of Housing and Urban Development an amendment for the reallocation of funds to the 1987 Final Statement that was previously submitted for a grant application and appropriate assurance for entitlement funds under the Housing and Community Development Act of 1974, as amended. SECTION II. That the C~ty Council of the City of Denton, Texas, authorizes the Executive D~rector of Planning and Community Development to handle all f~scal and administrative matters related to the amended final statement. SECTION III. That this resolution shall become effective immediately upon ~ts passage and approval. SECTION IV. That the City Secretary ~s hereby authorized to £urn~sh copies o£ th~s resolution to all ~nterested part~es. PASSED AND APPROVED this the ~'~'~day O£~ 1987. ATTEST: APPROVED AS TO LEGAL FORM DEBRA A. DRAYOVITCH, CITY ATTORNEY