HomeMy WebLinkAboutResolutions R89-001 to R89-0802611L
RESOLUTION NO. ~
A RESOL~ION ADOPTING THE BOUNDARIES OF MODERATE ACTIVITY CENTER
N~BER 40 AS PART OF APPENDIX A OF THE DENTON DEVELOPMENT PLAN,
AMENDING ,THE INTENSITY PLANNING AREA BOUNDARY MAP, AND PROVIDING
FOR AN EFFECTIVE DATE.
WHERE~S, the Denton Development Plan requires that the
boundaries of the intensity areas to be zncluded in Appendix A
should be considered by the City Council, and
WHEREAS, the Appendix A Task Force and the Planning and Zoning
Commission considered the boundaries ~r Moderate Activity Center
Number 40 and hereby recommend its adoption as part of Appendix A,
NOW, TH~EFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I. That the boundaries ~r Moderate Activity Center
Number 40, a copy of which is attached hereto, is adopted as part
of Appendix A of the Denton Development Plan.
SECTION II. That the intensity planning area boundary map is
amended to show the location of Moderate Activity Center Number 40
as adopted and to show the corresponding change in the boundaries
of the abutting low intensity planning areas
SECTION III. That the City Secretary is hereby directed to
attach a copy of this resolution to Resolution 88-057, which
provides ~r the adoption of the Denton Development Plan.
SECTION IV. That this resolution shall become ef~ctive upon
its passage and approval.~~~~~
PASSED AND APPROVED this the/O~day of 1989.
RAY STE~/z~, '~ AY~R
ATTEST
AI~ROVED AS TO LEGAL FORM
DEBRA ADAMI DRAY~ITCH, CITY ATTORNEY
2625L
A RESOLUTION IN APPRECIATION OF DAVID ELLISON AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in 1980 David Ellison came to work for the City of
Denton as a COG Urban Fellow, was promoted to Urban Planner in
March of 1981, became a Senior Planner in July of 1984, and was
appointed to his present position of Assistant to the City
Manager in May, 1987, and
WHEREAS, David's skills and personality made him an asset to
the City of Denton from the very start, and
WHEREAS, David is known as much for his compassion as for his
competence, both of which have served him well in Denton and will
continue to do so in Mankato, Minnesota, and
WHEREAS, David's work as Acting Executive Director for
Planning, Chairman of the Development Review Committee, and hzs
work with the Neighborhood Identity Program and the Capital
Improvement Program are but four examples of the excellent work
David has done for the City, and
WHEREAS, David will be sorely missed by the City Council, his
co-workers, and the citizens o± Denton,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DENTON~ TEXAS
That the sincere and warm appreciation of the City Council be
formally conveyed to David Ellison in a permanent manner by
spreading this Resolution upon the official minutes of the City
Council and forwarding to him a true copy hereof
PASSED AND APPROVED this the 17th day of January, 1989.
BOB GORTON
COUNCIL MEMBER COUNCIL MEMBER
./r. INNIE MC~[DAMS
COUNCIL MEMBER
ATTEST
JE~IFER ~rALTERS, CITY- SECRETARY
APPROVED AS TO LEGAL FORM'
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
2624L
RESOLUTION NO. '~2~--~--~-~--
A RESOLUTION SUPPORTING LEGISLATION TO CREATE AN UPPER TRINITY
REGIONAL WATER DISTRICT FOR DENTON COUNTY, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Denton County region has experienced a consider-
able increase in population in recent years and is expected to
continue to grow, and
WHEREAS, an adequate and safe supply of drinking water is a
fundamental necessity for life and for the sound economic deve-
lopment of the region, and
WHEREAS, the collection and treatment of domestic and com-
mercial waste are vital public services that need to be
coordinated with the water system, and
WHEREAS, more than thirty (30) cities, towns, and water
utilities in Denton County conducted a study and prepared a plan
to address water and wastewater needs on a cooperative basis, and
WHEREAS, the City of Denton participated in the Water Study
and contributed to the cost of developing a Master Plan, and
WHEREAS, the Texas Water Development Board awarded a matching
grant to conduct the Regional Study, and
WHEREAS, the Texas Water Development Board and the Water Study
Commzttee have approved the Report and Master Plan, and
WHEREAS, there is an urgent need to implement the recommenda-
tions of the study to organize a regional utility system to
protect the environment and to provide the most eiiicient utility
and solid waste disposal services, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I. That the City of Denton, Texas, supports the pro-
posed legislation (the "Act") creating the Upper Trinity Regional
Water District, a copy of which is attached hereto as Exhibit "A",
subject to following conditions and recommendations
A. Conditions: That the Act be amended as follows
(1) To provide that in any matter requiring the weighted
votes of participating members, the participating
members shall have weighted votes as follows
(a) One vote for each participating member,
(b) One additional vote for any partzczpating member
having a population greater than 50,000 persons, as
determined by the most recent U S Census, and
(c) Each participating member shall receive one addi-
tional vote Mr each four millzon gallons per day
(4 m g.d.), or increment thereof, of combined plant
capacity, which zs in excess of an znitlal 4 m.g d.,
~r water treatment, wastewater treatment, and for
raw water ~rchased, but not treated by a d~strict
plant.
(2) To provide that Board members shall not receive
com~nsation.
B. Recommendations. Sat it is strongly recommended that the
proposed Act be amended as ~llows
(1) To remove the prohibition of elected offzcials bezng
appointed to the Board.
(2) To provide that the one "at large" member of the Board
be appointed by the Board, the member to be a resident
of the District and the service area of a water or
wastewater utility system not included within the
territorial limits of an entzty that would be qualzfied
to serve on the Board
(3) Establish minimum qualzfications Mr Board members.
SECTION II. Sat the Texas Legislature give early conszdera-
tion and approval of the legislation establishing the Upper Trinity
Regional Water District/~ f~
PASSED AND APPROVED this the/--day o , 1989.
ATTEST
NIFE~ALTERS, CITY- SECRET~JtY
APPROVED AS TO LEGAL FORM
DEBRA AD~MI DRAYOVITCH, CITY ATTORNEY
{IBIT "A"
Draft of 1/6/89
~ncludes C~ty
comments to 1/6/89)
By __ E A BILL TO BE ENTITLED
AN ACT
the power of eminent domain subject to llm~tat~ons, and to the
duties, operations, and financing of the Upper Trinity Regional
with the power to levy and collect ad valorem taxes wxthin the
aubdistriots, and containing other matters related thereto
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS
SECTION 1 Purpose It is the purpose and intact of
liquid waste needs of Denton County and the entities that may
be served by the authority herein created TO accomplish thla
purpose, a conservation district, without taxing power, is
created, with the power included to create subdistr~cts having
the power of taxation, subject to limitations, all for the
purpose of providing for such services on a coordinated has~s
that is consistent with the regionalization objectives to he
satisfied by the creation of the authority
SECTION 2. Definitions In this act
(a) "district" means Upper Trinity Regional Water
District created in section 4 o~ this act end any other puDlic
body at any time succeeding to the property, principal rights,
powers, &nd obligations of said Upper Trinity Regional water
District
(b) "basic service area" means the geographic area
contained within the corporate limits of all part~cipating
members, all contract members, and all customers and such areas
as are served by said members and customers
(c) "board" moans the governing board of directors of
the district
provides retail utthty service within [ts boundaries, that
contract with the distr~ct w~th~n two (2) years from the
part~oipant within 10 yesrs ~rom the effective date of this act ~'~'~
and agree t° payanannua[ Pr° ~ata share °f the~adm[n[strat[ve~ ~/
~st~ict~ ~a~n~ colleo~i*elZ, at leas~-~e~eZ-~ve ~ercent /
o~ the population represented by all the contract members, /
provided, however, that such sha~e shall neve~ exceed for any
contract member fifty cents per capita un[ess otherwise agreed
to by at least seventy-five ps=cent o~he contract membe=s
(e) "county" means Denton County, Tezas
(f) "customs=" means any ~ho[esa[e user o[ the ~ater o~
wastewate~ se=vices ~ov[ded by the district which use~
p=ov[des ~etat[ utility se=vice within the bounds=res o[
(g) "pa~t[c[~ant" o= "participating membe=" means one o~
more, as the case may be, of the gove=nmental entitles which
provides ~e~ail utility service within its boundaries that
con~rac~ ~i~h ~he d[s~rtc~ ~or ~he construction o~ and
~o~ ~he ~a~er and/o~ wastepaper p~o~ec~s ~o be financed
ti~ ~o ~i~ by ~he district
(h) 'service a~ea" ~ans that 9eo~aphic area contained
within the boundaries of ~he district
(i) 's~a[e' ~ans the State o~ Texas
(~) "su~ist~ic~' ~ans one or more of the su~istricts
authorised to be created under Pa~t II og this Act
$~ION 3, ~Findi~ (a) It is hereby
Eound by the legislature that the creation and establishment o~
the district and the creation and establis~ent o~ subdistricts
w%t~l~ the d~s~rlct are essential to the accomplishment of the
purposes Of Article X'VI, Section 59, of the Texas Conatltutlon
(b) It is hereby found by the legislature that all of
the land and other property included in the boundaries of the
district and ~n the boundaries Of a subdistrlct will be
benefitted by the ~mprovements, works, and projects that are to
be prov/ded by the distr~ct and by subd~str~cts pursuant to the
powers conferred on the dxstrict and subd~str~cts by this Act,
and that the district is created to serve a pubhc use and
benefit and any subdistrxct created w~ll serve a pubhc use and
will he for a public purpose
(c) The legislature specifically finds and declares that
the requirements of Article XVI, Section 59(4) and Section
59(e), Of the Texas Constitution, to the extent applicable,
have been met and accomplished in due course, time, and order
and that all not~ces required to be given relating to this act
have been given, that all approvals required to be obtained
pursuant thereto have been obtained, and that the legislature
has the authority and power to enact this act
PART
THE DISTRICT
SECTION 4 Creation (a) A conservation and
reclamation distsict having the boundasiea prescribed herein ~s
hereby created and shall be known aa the Upper Trinity Regional
Water
(b) The district is a coeeervation and reclamation
district under Article XVI, Section 59 of the Texas
Cone~itution, and is a governmental agency, body corporate and
politic, and a political subdivision of the State
(c) The boundaries of the district are cote£minous with
the duly established and existing boundaries of the county plus
the entire incorporated limits of any contract member or
participating member, a portion of whose tncorporated limits
partially within the corporate l~mlts of the county
(d) An election confIrming the creation of the d~str~ct
is not required
SECTION 5 Management of District The district shall
be governed hy a hoard of directors consisting of persons who
are residents of the district, provided, however, that no
member of the hoard Of directors shall be an elected Official
Of any governmental entity that has the authority to appoInt a
member of the hoard The terms of office shall be four (4)
years Members of the hoard shall he appointed by the
governing bodies of the participants and the contract members
in the manner set forth herein The members of the board are
suh~ect to removal with or without cause by duly adopted action
of the governing body of the entity that originally appointed
such member The hoard shall have complete authority over the
management and affairs Of the district under this act
(b) The initial hoard shall consist of the persons who
served aa the initial hoard of directors of the Upper Trinity
Municipal Water Authority, Inc o a nonprofit corporation
organized under the laws of the State of Terns and those
persons who are appointed by those entities that become
participating ~embers o£ contract members within two years of
the effective date of this act Each such participating member
or contract member shall appoint one member to the hoard and
the county shall appoint one member to the board, provided,
however, that the county may appoint one additional member to
the board if the board determines that such appointment is in
the beat interests of the district Those entities that
contract with the district after two years from the effective
date of this act shall be entitled to representation on the
board only pursuant to the rules and procedures established by
the board for the admission of board members as such rules and
procedures may from time to time be amended
(c) Members of the board who are appointed by the
part~c~pating members shall be entitled to vote on all matters
before the board Members of the board who ars appointed by
establish rules for the ~mplementat~on of a system o~ weighted
cap~tal projects which system shall be determined according to
district
(d) Except as provided here~n, the initial board s~all
adopted by the initial board, provided that no in,rial board
member shall be appointed for a term ~n excess of four years
Thereafter each board member shall be appointed to a four year
~e Upper Trinity Municipal Water Authority, lnc shall have
the rights and privileges as members of the board appointed by
participating members, provided, however, that such members
shall not be entitled to a weighted vote on any matter coming
before the board and shall be entitled to vote as a
participating member without the r~ght to & weighted vote The
boar~members thst served on the board of directors of the Upper
Trinity Municipal Water Authority, Inc shall serve an initial
term of two years from the effective date of this act
Thereafter, such persona are eligible to be appointed to the
board by a contract member or s participating member
(e) Members of the board shall qualify to serve by
taking the oath of of~lce and furnishing evidence of their
quali~ications to serve on the board consistent w~th the
requLrements o~ th~s act pr~or to assuming the duties of s
bsa~d me.er ~mber$ of the board may be reimbursed for
actual reasonable expenses necessarily Lncurred on beAalf of
the district or in the discharge of their official duties
(f) The board may establish a category of ex-officio
membership to the board and may provide for the duties and
responsibilities of the ex-officio members In bylaws, rulss, or
regulations to be adopted by the board
SECTION 6 Board Procedures (a) The board shall
prepare and adopt the bylaws of the district, and shall hold
such regular, special, or emergency meetings at such t~mea and
on such days or dates as are spec~fied therein
(b) A majority Of the members of the board constitutes a
quorum for the transaction of business of the distr~ct0 and
approval of at least a majority of the members Of the board
present at a meeting is necessary for approval of any matter
coming before the board, ezcept where a weighted vote is
required in accordance with the rules of the board in which
case a majority Of the weighted vote of all boerd members
eligible to vote is necessary for approval Of any such matter
~.~m~.g before the board
(=) The board shall provide in its bylaws for the method
of ezecutton for ell contracts, the signing of checks and the
handling of any other matters approved by the board The board
shall annually recognize and elect new officers
(d) The officers of the board shall consist of the
president, one or more vice presidents, a secretary, and a
treasurer The board shall elect a president and any vice
president from its members The board may appoint a secretery,
one or more assistant secretaries, a treasurer, an assistant
treasurer, end such other officers as in the Judgment of the
board are necessary, provided that such officers are not
required to be members of the board The president shell be
the chief ezecutive officer of the distr~ct and shall preside
perform all duties and exercise all powers conferred on the
president when the president is absent or fails, refuses, or ~s
unable to act The secretary of the board or one of the
or of the dtstr~ot The duties of the other officers may be
provided in the bylaws of the district
(e) The regular meeting plece of the board shall he at
such plece ss may be designated in the bylaws
(f) Tho board may appoint and employ all persons, firms,
corporations, partnerships, and other entities deemed necessary
by the board to conduct the affairs of the district, including
but not limited to, engineers, attorneys, financial advisors,
oomsultents
(g) The board shall establish a customer advisory
receiving service [rom the district The members of the
customer advisory council shall be empowered to act as provided
in the bylaws o£ other rules end regulations of the district,
but such customer advisory council shall have no voting power
on matters coming before the board
(h) The board shall adopt s seal of the district and may
adopt b~laws to govern the matters deemed appropriate by the
board 9~ovidod such bylaws are consistent with this act and the
laws of the State of Texas
(t) The members of the board and all other officers of
the district are subject to the conflict of interest provisions
specified in the general laws of the State of Texas applicable
to FubI~c r(.~=lals and the actions of such persons shall be
SECTION 7 ~ener&l Powers and Duties (a) Subject to
the specific provisions of this act, the d~strlct and ~ts board
municipal utility districts operating under the appl~cable
provisions of the Texas Water Code, together with the
additional rights, powers, privileges, authority and functxons
enumerated, described, expressed or implied by this act
(b) The district shall not have the power to levy or
(c) If any general law is in conflict or inconsistent
with this act, this act shall prevail
SECTION $ Specific Powers and Duties of JDiatrict
(a) The district has the additional rights, powers,
~g/w. tleges, authorities and functions provided by this Section
(h) The district may plan, lay out, purchase, construct,
outside its boundaries, any works, improvements, facilities,
plants, equipment and appliances, including any administrative
properties and facilities, any permits, franchise, licenses or
detention ~acilities or other similar facilities and
improvements, whebher for municipal, industrial, agricultural,
or incidental to the exercise of any right, power, privilege.
authority or function provided by this act, including the
supplying of water for municipal, domestic, and industrial
collection, treatment, processing, disposal of, and controlling
of all domestic or industrial wastes whether ~n fluzd, solid,
or composite state, the gathering, conducting, d~ve~tlng,
the altering of land elevations wlthzn the boundarzes o: the
dxstrzct where it ia needed
(c) The district may acquire, by purchase or by ezetcxse
of the power o£ eminent domaxn, which power ia hereby granted
subject to the limitations imposed thereon by this subsection,
improvements within or without the boundaries of the distrxct
(including land above the probable high water line around any
reservoirs in whxch the distr~ct has an ownership or
operational interest) which are needed or are app[oprlate to
catty out the powers and functions of the district, as herein
o~ eminent domain shall be ezetctsed in the manner and with the
privileges, tights and immunities available under the laws of
the state, including specifically the Tezas Property Code [t
is provided fu£thet that the district shall not ezercise the
power of eminent domain (i) against any property located
within an incorporated city located in whole o£ in part within
the county without the prior consent of the governing body of
the city in whose ~urisdiction the sub~ect property is located,
(ii) against any property owned b~ the county, by any
municipality or any agency or instrumentality thereof, or (iii)
o~ned by any municipality, or by private parties, or by any
non-profit corporation
(d) The district is hereby vested with and shall have
and may ezetcise the following additional rights, powers,
pr:vmleqes, autb~xltles and functions to provide for t~e
acquisition, construction, Improvement, maintenance and
operation of wholesale water and wastewater systems and
treatment works necessary to provide service to 1ts customers,
fully ~mplement the powers and duties o~ the dlstr~ct as
provided in this act
(e) The district msy elect to provide water, wastewater,
service area. but the dlstrLct may not be compelled to supply
of the applicable state agency having Jurisdiction over such
matters sppl~ed in accordance w~th applicable law
(f) The basic service area has the primary right to
water Or wsstewster treatment capacity and to water supply in
each clsssifiostlon which the district secures under permit
from the spplicsble state agency having jurisd~ctlon over such
(g) This act does not compel any customer or prospective
customer to secure water or wsstewater service from the
district, except pursuant to contracts voluntarily executed
(h) This act does not alter any outstanding permit,
contract, or other obligation, nor does it in any manner impair
the rights o~ any entity to own, operate, maintain, or
otherwise use or control any water, wasteweter, solid waste, or
liquid waste syetem in accordance with the laws applicable to
such entity.
(i) The district is hereby vested with and shall have
and m&y exercise all the powers needed to establish, acquire,
operate and maintain a regional solid waste disposal system and
with said system, the distr~ct shall provide the services
afforded by such system to (~) any user as determined by the
board ~f the services are to be rendered within the basic
service area of the d~str~ct, and (~) any customer ~f the
services are to be rendered outside the basic service area
(]) The dlstr~ct la hereby empowered to establish and
enforce rules and regulations for the protection of water
quality ~n and flow~ng to or from the areas in or surrounding
the lakes, reservoirs and other sources of water supply owned,
operated, or COntrolled by the district for the prevention of
waste or the unauthoriaed use of water controlled by the
distr~ct and for the regulation of privileges on any land,
reservoir, or any easement owned or controlled b~ the
distr~ct Such rules and regulations shall be enacted and
enforced in accordance w~th the procedures provided ~n
Subchapter D of Chapter 54 of the Texas Water Code, ss amended,
and shall be consistent with the applicable rules and
regulations of any agency of the state having ]ur~sdiction over
such sources of water supply
(k) The district shall have the power to establish rates
sue charges to be assessed to customers of the dzstrict for
each service rendered to such customers which rates and charges
may be established by classes of customers, by project, or by
area of service
(1) where bonds or other obligations of the distr~ct
payable wholly from revenues are issued, it shall be the duty
of the board to fix, and from time to bime revise, rates of
compensation for water sold and for wastew&ter or other
services rendered by the district which will be sufficient to
pay the expense of operating and maintaining the facilities of
the district and to pay such obligations ss they mature and the
interest ss it accrues and to maintain the reserve and other
funds as provided in the resolution or order authorizing such
obligations
~m} I~.e d%atr~ct may adopt, enforce, and collect
necessary charges, fees, or rentals for providing any district
fsc~ht~es or servxce and may require a deposit for any aervtce
or factlit~es furnished, and the dlstr~ct may or may not
provide that the deposlt wlll bear ~nterest The distr~ct may
discont~nue a fsclhty or service to prevent an abuse or
enforce payment of an unpaid charge, fee, or rental due to the
district All cities, public agencies, politIcal aubdlv~slons
and any other entXtleS that contract with the d~strtct are
suthorxsed to fix, charge, and collect fees, rates, charges,
rentals, and other amounts for any service or facihtles
provided pursuant to or ~n connectxon wtth any contract w~th
the distr~ct, and to pledge such amounts sufficient to make all
payments required under the contract
(n) All funds end accounts of the distr~ct shall be
audited by an independent auditor end s copy of such audit
shall be maintained in the off*c~sl records of the district
SECTION 9 Boa~e, Notes~ and Contracts of ADistrict
(a) The district is authorized to ~ssue, sell and
deliver its revenue bonds, notes, revenue anticipation notes,
bond anticipation notes, short term obligations, refunding
bonds, or other obligations for any and mil of ~ts purposes,
without mn election end upon such terms as the board shall
determine appropriate Such obligations may be made payable
from ell or any part of the revenues of the district derived
from any lawful source, including, but not limited to, any
contract with any customer or user of the facilities owned or
operated by the district under the provisions of this act or
from the ownership and operation of any waterworks system,
weeteweter system, sewer system, solid waste disposal system,
or non-hazardous liquid waste system, or any combination of
such systems Additionally, such obligations may be payable
from and secured by l~ens on and pledges of all or any part of
any o~ ~he revenues, income, or receipts derived by the
dzstrlct from its ownership, operation, lease, or sale of any
such property, buildings, structures, or fac~llties, including
the proceeds or revenues from contracts with any person, flrm,
corporation, c~ty, public agency, or other political
subdivision or entity Such obligations may be issued to
mature serially or otherwise w~thln not to exceed 40 years from
their date, and provision may be made for the subsequent
issuance of additional parity obligations, or subordinate lien
obligations, under any terms or conditions that may be set
forth in the resolution authorizing the issuance of the
obligations Such obligations are and shall constitute
negotiable instruments within the meaning and for all purposes
of the Texas Uniform Commercial Code, provided that the
oblig&tions shall be executed, and may be made redeemable pr~o£
to maturity, and may be issued in such form, denominations, and
manner, and under such terms, conditions, and details, and may
be sold in such manner, at such price, and under such terms,
and said obligations shall bear interest at such rates, all as
shall be determined and provided in the resolution authorizing
the issuance of the obligations If so provided in the
authorizing resolution, the proceeds from the sale of the
obligations may be used for paying interest on the obligations
during the period of the acquisition or construction of any
facilities to be provided through the issuance of the
obligations, for paying expenses of operation and maintenance
of facilities, for creating a reserve fund for the payment of
the principal of and interest on tho obligations, end for
creating any other funds, and such proceeds may be placed on
ti~e deposit or invested, until needed, all to the extent and
in the manner provided ~n the author~zing resolution The
district may pledge all or any part of its revenues, Income, or
receipts from fees, rentals, rates, charges, and contract
~nclud~ng the payment of principal. ~nterest. and any other
obligations The pledged fees. rentals, rates, charges.
and other expenses in connection with the aforesaid
facilities Said obligations may be additionally secured by
acquired by the district, and by chattel mortgages or hens on
any persons1 property appurtenant to such real property, and
evidence same Also. the district may pledge to the payment of
the obligations all or any part of any grant, donation.
States government or any other public or private source.
whether pursuant to an agreement or otherwise All bonds.
~thin the meaning of Article 717k-8. Vernon's Texas CIv,1
appropriate proceedings authorizing their issuance shall be
submitted to the Attorney General of the State of Texas for
examination I£ said bonds recite that they are secured by a
pledge of revenues of any contract, a co~y of such contract and
the proceedings relating thereto shall be submitted to the
attorney general If he finds that such bonds have been
authorized and any such contract has been made in accordance
thereupon the bonds shall be registered by the Comptroller of
Public Accounts of the State o~ Terns, and after such approval
and registration, such bonds and any such contract shall be
l~e~ub~a~Ie Ln any court or other forum for any reason, and
shall he valid and binding obligations ~n accordance with their
terms for all purposes The ~ssuance of obligations by the
distr~ct shall he ~n accordance with the prov~s~ons of Article
717q and Article 717k-6, Vernon's Annotated Texas CxvL1
Statutes, as amended, as applicable
(h) The district ~s authorized to enter ~nto any
contracts with the United States of America, ~ts spe.cxes, any
municipality, Or other party, public, private, or non-profit,
considered necessary in the exercise of the powers and purposes
of the district The district *s also authorized to enter ~nto
contracts for the acquisition, purchase, rental or leas%ag or
operation of the water production, water supply, water
filtration or purification, water supply fac~lities, or other
water or wastewater facilities which are owned or operated by
such contracting party The district is authorized to acquire
water appropriation permits and other necessary permits
directly from the appropriate avency of the state or from
owners of permits Contracts requiring a payment of money by
~he district may be made payable from any source of funds,
general or specific, as may be determined by the board
SECTION l0 Contracts by Hunicioaltties Any and all
municipalities, public agencies, political subdivisions, and
any non-profit water supply corporation doing business wholly
or partially within the district, and ell subdistricts are
expressly authorised to enter into any contracts with the
district that are deemed appropriate by the respective
governing bodies thereof Such governing bodies are authorized
to pledge to the payment of any such contracts any source of
revenues that may he available to the governing body, including
the levy and collection of ad valorem taxes, if such
municipality or suhdistrict has the power to levy and collect
such taxes, subject only to tbs elect~ons, If any, that are
r~tu~'~ L~t e~l~cab,e law, to be held prior to the levy of ad
valorem taxes TO the extent a governing body pledges funds to
the payment of any such contract that are to be derived from
its own water system or 1ts wastewater system or ~ts combined
system, such payments shall constitute an operating expense of
such system
SECTION 11 Oe~osltory The board, by Order
resolution, shall designate one or more banks inside or outside
the district to serve as depository for the funds of the
district Except as herein provided, all funds of the district
shall be deposited in the depository bank or banks The funds
of the district may be invested as provided ~n the laws of the
State of Texas for the investment of County funds and may he
invested in accordance w~th the provisions of the Public Funds
Investment Act Of 1987, aa the same may be amended from time to
time The funds of the district shall be secured in the manner
provided by the laws of the State of Texas for public funds
SECTION 12 RegulatOry Power of Municipalities This
act does not exempt the district or any subdistrlct or any land
situated within the district from the terms and provisions of
any applicable ordinances, codes, resolutions, plattlnq and
xoninq requirements, rules or regulations of any municipality
PART II
SUHDISTEICTS WITHIN AUTHORITY
SECTION 13. C~gs~ion of Subdistricts
(s) To provide for the orderly development of water,
westeweter, and other services of the district within its
b~undsries and to prevent unnecessary duplication of
facilities, the district is &uthorieed to creete eubdistricts
A petition requesting the creation of subdtetricts within the
district may be presented to the board of the district Any
such petition must ~e signed by at least twenty-five (15)
persona who own property within the boundaries of the proposed
s~Wrl%%r%c%, or such petltion may be submitted Dy the governing
body of a municipality when accompanied by a resolution or
Ordinance of such governing body authorizing the submxsslon of
such petition Any such petition shall specify, at a minimum,
a metes and bounds description of the boundaries of the
proposed subdistrict, the general nature of the improvements to
be acquired, constructed or otherwise i~plementsd within the
subdistrict, the necessity and feasibility of such
improvements, and the proposed method ~or funding such
improvements The petition shall state on Its face whether the
power to levy and collect ad valorem taxes within and solely
within the subdistrict is requested If a subdistr~ct is
proposed within the corporate limits or extraterritorial
Jurisdiction of s municipality, the petition requesting the
creation of the subdisttict shall be accompanied by an official
action of the governing body of the municipality in whose
jurisdiction the subdistrict is proposed approving the creation
of such subdistrict Should the governing body of the
municipality in whose jurisdiction the subdistrict is proposed
object to the creation of such subdistrict, then the
subdisttict shall not be created within the incorporated limits
or the eatraterritoriel Jurisdiction of that municipality
(h) The board shall set a date for a heat*ng on such
petition not leas than thirty (30) nor more than ninety (90)
days after the day the petition ia presented to the district
Notice of such hearing shell be given to each municipality
within whose boundaries or extraterritorial Jurisdiction the
progosed subdisttict would be located A copy of the notice of
the hearing shall also be posted in three (3) public places
located within the proposed suhdiatrict and st the county
courthouse st least fourteen (14) days prior to the date set
for the hearing Notice of the hearing shall also be published
at least one (1) time in a newspaper of general circulation
pm~lms~e~ %n the county at least ten (10) days prior to the
date of the hearing
(c) Any interested person may appear at the hearing for
the purpose of supporting or opposing the creation of the
subdistrict in accordance with the petition The hearzng shall
be conducted in accordance with the procedures estabhshed by
the board
(d) After the public hearing, the board shall enter an
order making its f~ndings ~n the official records of the
district If the board deems the creation of a subd~strlct to
be feasible and practical and finds that the creation of the
proposed subdistrict will be beneficial to the pubhc, will
benefit the residents of and the land included in the proposed
subdistrict and will contribute to the orderly growth and
development of the regional water and westewater systems within
the district, then the board shall enter an order granting the
petition and ordering the creation of the subdistrict
accordance with subsection (e) of this section The board
shall include its findings in the order which shall be filed in
· hm official records of the district The order shall define
the boundaries of the subdistrict, but it does not have to
include all of the land described in the petition if the board
in its Judgment determines that a modification or change in the
subdistrict is necessary or beneficial to the public If the
board finds to the contrary, it shall enter an order dismissing
the petition and the proposed subdistrict shall not be created,
but s dismissal order shall be without prejudice to the ability
to ~etition for the creation of s suhdistrict covering the same
territory st a later time,
(e) If the board orders the creation of a subdistrict
for which the power to levy and collect ad valorem taxes was
not requested in the petition, the subdistrict shall be created
and in existence from and after the date stated in the order of
t. ne dlstrtc~, without the necessity of a confirmation electron
w~th~n the boundaries of the subd~str~ct and any such
suhdzstr~ct shall not have the power to levy or collect ad
valorem taxes If the hoard enters an order granting a
petition that seeks the power to levy and collect ad valorem
taxes within the subdistrict, then the subd~str~ct shall not he
created until and unless s conf~rmat~on elect~on ~s called,
conducted and held by the d~str~ct w~thin the proposed
boundaries of the suhdistr~ct and a ms]or~ty of the qualified
voters voting thereat conf~rm the creation of the suhd~str~ct
~n accordance with the prov~sions of subsection (f) of this
section If the subdistrict is confirmed at such elect~on,
then the subdistr~ct shall have the power to levy and collect
ad valorem taxes for the maintenance and operation of the
subdistrict and for the payment of contracts of the distr~ct,
provided that no such taxes shall be levied and collected until
and unless previously voted et elections held in accordance
with subsection (f),
(f) A confirmation election, when required by th~s
section, and any electioe to authorize the levy and collectzon
of ad valorem taxes within s suhdistrict for maintenance
purposes shall be conducted in the manner required by Chapter
54, Texas Water Code, for the levy and collection of
maintenance taxes by municipal utility districts Elections to
lev~ taxes in support of contracts shall be held in the manner
and with the effect provided by Chapter $4, Texas Water Code,
for the issuance of bonds by municipal utility districts The
confirmation election required by this subsection, z
maintenance tax election and an election authorizing the levy
of taxes to support bonds or contracts of the zubdiztrict may
be combined into a single election, and any or all o~ such
elections may be held on any day or date selected by the
hoard Each such election shall he called, convened and held
Chapter 54, Texas Water Code
(g) A subdlstrlct, ~f created ~n accordance with th~s
Article XVI. Section 59 of the Texas Constitution w~th the
limited powers granted in this section The subdlstrlct
politic under the laws of this state A subdistrlct shall have
the district, but subject to the same limitations, and provided
that a subdiatrict shall not be authorized to provide services
outside its boundaries, except that it may provide retail water
and sewer services within its customer service area as
certificated by any applicable regulatory agency o~ the State
of Texas
(h) zf a subdistrict ia created as specified above, the
subdistrict shall be governed by a board of supervisors
consisting of at least five ($) supervisors The ~nltial ~oard
of supervisors shall be appointed by the district from smong
the residents Of the subdistrict The district shall make such
appointments for terms specified in the order creating the
subdistrict but not exceeding four (4) years from the date of
&ppointn~nt, Such initial supervisors are subject to removal,
with or without cause, by action of the district All
vacancies shall be filled by the district After the initial
appointment of the board of supervisors and prior to the
issuance of any bonds, notes, or other obligations of the
aubdiatrict, members of tho board of supervisors shall be
elected in the manner provided by the laws of the State of
Texas applicable to municipal utility dietricts Notice and
the conducting of such election shall be in accordance with
such laws
0935D
elsewhere mn thms act and shall have ownership of and general
management powers over the affamrs, works and pro]acts of the
subdistr~ct subject to the provisions of any contracts wmth the
district However, the issuance of bonds by the subdistrlct
shall not be effective until such ~ssuanoe ~s approved by
offmcmal actmon of the district
(~) In those suhdistricts having the power to levy and
collect ad valorem taxes, the tax rates shall be establmshed by
the board of supervisors on the basis of annual budgets
established at the same time and mn the same manner as for
oountmes, and taxes shall be levied by the hoard of supervisors
(k) The members Of the board of supervmsors shall
receive no compensatxon for serving as a supervisor but may be
reimbursed for actual reasonable expenses necessarilz incurred
on behalf of the subdiatrict or in the discharge of their
official duties
(1) Subdiatricts created in accordance with this act may
only become participating members of the district
SECTION 14 Conversion of Water Suoolv Corooration to
Subdistricta (a) Upon the adoption of a resolution by the
board of directors of any non-profit water supply corporation
doing business wholly or partially within the boundaries of the
district and requesting such action, the board may consider the
question of converting such non-profit water supply corporation
to a aubdietrict by following the same procedures otherwise
required by section 13 of this act and subsection (b),below
(b) The resolution of the board of directors required
above shall include, in addition to the information specified
in section 13(a) for petitions to be filed with the board of
the district, a plan of conversion, including, among others,
the proposed method for the transfer of assets and the
assumption of debts to the subdistrict
~C} %~ determined to be appropriate by the board, the
district, at the request of the board of directors of such
non-profit water supply corporation, may establish a board of
supervisors in greater number than specified herein for other
such suhdistricts
(d) Notwxthstsnding any provision of this act to the
contrary, any water supply corporation that was s member of the
Denton County Steering Committee in connection w~th the Denton
County Water and Westewster Study Regional Master Plan for 2010
may become either a contract member or s participat~ng member
in accordance with the provisions of this act
SECTION 15 Meetinos Of Board of Supervisors The
board of supervisors of a subdistrlct shall hold regular,
special or emergency meetings st those times and on those dstes
the board determines
SECTION 16 Subdietrict Office. Meetino Place The
bosrd of supervisors of each eubdistrict shall designate a
place within the eubdistrict ss the regular office end meeting
place, except that the regular meeting place may be at the
r~ular meeting plsce of the district if approved by order of
the district
SECTION 17. Collection of Teees Within Subdistr$cts
(e) The county tea assessor-collector of the county
shell msintsin the tax rolls end collec~ texas for any
eubdietrict located in the unincorporated area of the county
end having razing power in the same manner ss fo£ taxes for the
county, The tea assessor-collector for the other eubdistricts
shall be es selected and shell perform the duties determined by
the board of supervisors
(b) Reimbursement of the costs of the tsx assessor-
collector for such services shell be paid by the eubdistrict
(c) Taxes and other revenues collected within a
subdietzict shall be used solely for purposes within the
aftel£e of a subdistr~ct may he pa~d to the dlstrxct ~n
subdistricta All taxes and revenues of a subdistrict as
the subdistrict approved by the district All accounts of a
subdistrictAshall be audited by an ~ndependent auditor and a
copy of such audit shall he maintained in the official records
of the subdistrict and the d~strict All such funds may be
deposited or ~nvested as permitted for public funds
PART III
MISCELLANEOUS
SECTION 18 Creation Expenses The district ~s
authorized to pay all costs and expenses incurred in the
creation and organization of the district, including but not
limited to the reimbursement of costs and expenses incurred by
the Denton County Steering Committee in the preparation of the
for 2010, and the Upper Trinity Municipal Water Authority,
~c , in the development and implementation of such study The
district is authorized to succeed to and assume the rights,
privileges, duties and responsibilities, including contractual
obligations, incurred by the Upper Trinity Municipal Water
interim basis pending the creation o£ the district
SECTION 19. ~Z Ezemntion. The accomplishment of the
purposes stated in this act being for the benefit of the people
o~ the state and for the improvement for their properties and
industries, the district end the subdiztricts in carrying out
the purposes of this act will be performing an essential public
~unction under the Constitution and shall not be required to
operated, leased, or controlled by the district or any part
a~d t~elr transfer and the Income therefrom, ~ncludlng the
profits made on the sale thereof, shall at all times be free
from taxation within the state
SECTION 20 Sever&bllit¥ If any provision of this
act or its application to any person or circumstance is held
invalid, the lnvahdity does not affect other provision or
spplicstLon of this act that can be given effect without the
invalid provision or application, and to this and the
provisLons of this act are declared to be severable The terms
and provisions of this act are to he construed liberally to
effectuate the purposes, powers, rights, functions, and
authorities herein set forth
SECTION 21 Notice The legislature specifically
finds and declares that the requirements of Article XVI,
Section 59(d) and Section 59(e) of the Tezaa Constitution, to
the eutent applicable, have been met and accomplished in due
course, time snd order and that all notice required to be given
~elating to this act has been given, that all approvals
required to be obtained pursuant thereto have been obtained,
and that the legislature has the authority and power to enact
this act.
SE~TZON 22 ~mercencv The importance of this
legislation and the crowded condition of the calendars in both
houses create an emergency and an imperative public necessity
that the constitutional rule requiring bills to be read on
three several days in each house be suspended, and this rule is
hereby suspended, and that this sct tske effect and be in force
from and after its passage, and it is so enacted
2544L
RESOLUTION NO.~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON DESIGNATING
CERTAIN CITY OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND
ON BEHALF OF THE CITY OF DENTON IN DEALING WITH THE TEXAS PARKS
AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE
LAND AND WATER CONSERVATION FUND ACT OF 1965, CERTIFYING THAT THE
CITY OF DENTON IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH
PROGRAM, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the United States Congress has passed the Land and
Water Conservation Fund Act of 1965 (Public Law 88-578), auth-
orizing the Secretary of the Interior to provide financial
assistance to states, and political subdivisions thereof, for
outdoor recreation purposes, and
WHEREAS, the Texas Legislature has adopted Article 6081r,
V.A.C.S., for the purpose of allowing the State of Texas, and its
political subdivisions, to participate in the Federal program
established under said Public Law 88-578, or such other programs
as are hereinafter established by the Federal Government, and
WHEREAS, the City of Denton is fully eligible to receive
assistance under this Program, and
WHEREAS, the City Council of the City of Denton is desirous
of authorizing its administrative staff to represent and act for
the city in dealing with Texas Parks and Wildlife Department
concerning this Program, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON
SECTION I. That the City Council of the City of Denton
hereby certifies that the City of Denton is eligible to receive
assistance under Public 88-578, as augmented by Article 6081r,
V.A.C.S.
SECTION II. That the City Council hereby authorizes and
directs its City Manager to represent and act for the City of
Denton in dealing with the Texas Parks and Wildlzfe Department
for the purpose of this Program. The City Manager is hereby
officially designated as the City's representative in this regard.
SECTION III. The City Council hereby designates its Executive
Director of Finance as the official authorized to serve as the
City's fiscal officer to receive Federal funds for purposes of
this Program.
SECTION IV. The City Council hereby specifically authorizes
the Ci~y officials herein designated to make applzcatton to the
Texas Parks and Wildlife Department concerning the tract of land
known as Denia Park in the City of Denton.
SECTION V. The City Council hereby specifically authorizes
the City officials to make application to the Texas Parks and
Wildlife Department concerning the site to be known as Denia Park
in the City of Denton for use as a park site. That Denia Park is
hereby dedicated for public outdoor recreation purposes in
perpetuity.
PASSED AND APPROVED by the affir~a~v~ vote ~f the Czty
Council of the City of Denton, on this /'/Y" day of~d~_,
1988
ATTEST
APPROVED AS TO FORM'
DEBRAADAMI DRAYOVITCH, CITY ATTORNEY
2612L
RESOLUTION NO ~
A RESOLUTION SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON
THE PROPOSED ANNEXATION BY THE CITY OF DENTON, TEXAS OF CERTAIN PRO-
PERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO 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 ~, 1989, at 7 O0
o'clock P.M. ~n the City Council Cham~ers o f t~e Municipal Building
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 day 1999, at 7'00 o'clock P.M
in the o~ty ~-~ncil Cha~Municipal Building 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.
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
(Chapter 43, Local Government Code).
SECTION III. This resolution shall be in ~ull force and effect
imme~i~YANf~l~E~t~h~S~>~°~,1989.
I~YST~HENS, ~AYOR
ATTEST
ER-~A~TERS, C%T?- SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
EXHIBIT "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 M. McBride survey, Abst. No. 804, W. Tanzy survey Abst.
No. 1255, S.A. & M.G. R.R. Survey, Abst. No. 1228 and more
fully described as follows:
BEING a strip of land 1,O00 feet in width and containing
approximately 310.5678 acres or land more or less, said 1,O00
foot strip lying $00 feet on each side of the centerline
described below;
BEGINNING at a point lying in the centerline of the Elm Fork of
the Trinity river, said point lying 434.43 feet, more or less,
southeast of the northwest corner of a tract conveyed from
Daniel M. Mahoney Realtors, Inc. to D.M. Mahoney/O.S. Royalty
Joint Venture by a deed dated January 30, 1981 and recorded in
Volume 1058, Page 603 of the Deed Records of Denton County
Texas said point also lying in the east boundary line of a
tract conveyed from J.W. Porter to Eagle Farms, Inc. by a deed
dated July 19, 1979 and recorded in Volume 963, Page 734 of the
DRDCT;
THENCE northwesterly along the west boundary line of said
Mahoney Tract and the east boundary line of said Eagle Farms,
Inc. Tract the following two courses and distances, (1) north
13o 15' 59" west a distance of 252.74 feet; (2) north 40o
05' 18" west, 181.69 feet to the westerly northwest corner of
said Mahoney Tract and the southerly southeast corner of Tract
II as conveyed from Scenic Joint Venture to E.L. Hughes and Ray
Lynch by a deed dated December 30, 1986 and recorded in Volume
2062, Page $11 of the DRDCT;
THENC£ northerly the following 12 courses and distances along
the west boundary line of said Hughes Tract and continuing
along the east boundary line of said Eagle Farms Tract, (1)
north 55o 6' west 16g. O feet; (2) south 83o 03' west, 303.2
feet; ($) south 370 6' west, 393.0 feet; (4) south 65o 16'
west, 235.7 feet; (5) north 6o 40' west, 400.2 feet, (6)
north 7o 46' east, 336.6 feet; (7) north 80o 22' east,
597.4 feet; (8) north 3lO 53' east, 149.6 feet, (g) north
4o lO' west, 702.9 feet; (10) north 63o 02' west, 1,155.2
feet, (ll) north 9o 45' west, 231.2 feet, (12) north 18o
18' east, 109.2 feet to the northwest corner of said Scenic
Joint Venture Tract and the northeast corner of said Eagle
Farms Tract said point also being the southwest corner of a
tract of land conveyed from Charles D. Hall to Clyde A.
Blakeley, Jr. and wife Minnie B. Blakeley by a deed dated
January 10, 1966 and recorded in Volume 533, Page 434 of the
DRDCT and being the southeast corner of Tract One as conveyed
from Scenic Joint Venture to E. L. Hughes and Ray Lynch by a
deed dated December 30, 1986 and recorded in Volume 2062, Page
311 of the DRDCT, said point also lying in the centerline of an
east/west public road known as McKinney Bridge Road,
THENCE northerly the following 4 courses and distances along
the centerline of said Elm Fork same being the west boundary
line of said Tract One and the east boundary line of said
Blakeley Tract, (1) north 18o 18' east, 180.6 feet, (2) north
5o 36' east, 420.0 feet; (3) north 42o 21' west, 282.8
feet, (4) north 21o 16' 30.0' west, 217.14 feet to the
northwest corner of said Tract One and the northeast corner of
said Blakeley Tract said point also lying in the north boundary
line of said McBride survey, Abst. No. 804 and the south
boundary line of said Tansey Survey, Abst. No. 1253, said point
also being the southwest corner of a tract conveyed from Daniel
H. Evans and wife, Barbara Evans to Bobby G. McDowell and wife,
Bobble B. McDowell by a deed dated December l, 1977 and
recorded in Volume in 875, Page 783 of the DRDCT and the
southeast corner of a tract conveyed from John T. Campbell to
Charles W. McCallum by a deed dated August 2, 1960 and recorded
in Volume 458, Page 362 of the DRDCT for corner;
THENCE northerly the following 2 courses and distances, along
the centerline of said Elm Fork same being the west boundary
line of said McCallum Tract and the east boundary line of said
McDowell Tract (1) north 5o 30' 30" west, 198.55 feet; (2)
north 8o 22' 30" west, 867.94 feet to the northeast corner of
said McOowell Tract and the southeast corner of a tract of land
conveyed from Sam Evans, et al to John W. Porter Auto Sales
Inc., by a deed dated August 23, 1971 and recorded in Volume
627, Page 539 of the OROCT for corner,
THENCE northerly the following 7 courses and distances along
the centerltne of said Elm Fork continuing along the west
boundary line of said McCallum Tract and the east boundary line
of said John Porter Auto Sales Inc. Tract, (1) north 14o 3'
30" east, 230.9 feet; (2) north 47o 55' 30.0" east, 142.3
feet; (3) north 65o 17' east, 260.3 feet, (4) north 17o 18'
30" east, 285.3 feet; (5) north 12o 2' west, 309.8 feet, (6)
north 7o 3g' west, 357.9 feet; (7) north 20o 20' 15" west,
33 feet to the northeast corner of the remainder of the John W.
Porter Auto Sales Inc. Tract and the southeast corner of a
tract conveyed from John W. Porter Auto Sales, Inc. to Mike
Ramos by a deed dated September 10, 1984 and recorded in Volume
1530, Page 151 of the DRDCT for corner,
THENCE northwesterly the following 2 courses and distances
along the centerltne of said Elm Fork along the west boundary
line of said McCallum Tract and the east boundary line of said
Ramos Tract, (1) north 20o 20' 15" west, 27.8 feet, (2) north
18o 7' west, 252.0 feet to the northeast corner of said Ramos
Tract and the southeast corner of a tract conveyed from John W.
Porter Auto Sales, Inc. to Susan Porter by a deed dated
Septe=mber 10, 1984 and recorded in Volume 1530, Page 147 of the
DRDCT for corner;
THENCE north 180 07' west along the west boundary line of
said McCallum Tract and the east boundary line of said Susan
Porter Tract a distance of 317.75 feet to the northeast corner
of said Susan Porter Tract and the southeast corner of a tract
conveyed from John W. Porter Auto Sales, Inc. to John R. Porter
by a deed dated September 10, lg84 and recorded in Volume 1523,
Page 505 of the DRDCT for corner;
THENCE northwesterly the following 3 courses and distances
along the centerline of said Elm Fork, same being the west
boundary line of said McCallum Tract and the east boundary llne
of said John R. Porter Tract, (1) north 18o 7' west, 13.05
feet; (2) north 17o 4g' 30" west passing the northwest corner
of said McCallum and the southwest corner of a tract conveyed
from Charles W. McCallum and wife Winnye B. McCallum to the
United States of America by a deed dated November 18, 1981 and
recorded in Volume lll3, Page 158 of the DRDCT and continuing
for a total distance of 245.5 feet; (3) north 20o lg' 30"
west, 50.98 feet to the northeast corner of said John R. Porter
Tract and the southeast corner of a tract conveyed from John W.
Porter Auto Sales, Inc. to Vaughn Andrus by a deed dated
September 10, 1984 and recorded in Volume 1523, Page 501 of the
DRDCT for corner;
THENCE north 200 19' 30" west along the centerline of said
Elm Fork, same being the west boundary line of said McCallum to
USA Tract and the east boundary line of said Vaughn Andrus
Tract a distance of 343.12 feet to the northeast corner of said
Andrus Tract and the southeast corner of a tract conveyed from
John W. Porter Auto Sales, Inc. to Ann Andrus by a deed dated
September 10, 1984 and recorded in Volume 1523, Page 513 of the
DRDCT for corner,
THENCE north 200 lg' 30" west along the centerline of said
Elm Fork, some being the west boundary line of said USA Tract
and the east boundary line of said Ann Andrus Tract a distance
of 377.33 feet to the northeast corner of said Ann Andrus and
the southeast corner of a tract conveyed from John W. Porter
Auto Sales, Inc. to Betty Cochran by a deed dated September 10,
lg84 and recorded in Volume 1523, Page 517 of the DRDCT,
THENCE northwesterly the following 2 courses and distances
along the centerltne of said Elm Fork, same being the west
boundary line of said McCallum to USA Tract and the east
boundary llne of said Cochran Tract, (1) north 20o 19' 30"
west, 202.87 feet; (2) north 27o 43' 30" west, 387.0 feet to
the ~ortheast corner of said Cochran Tract and the southeast~
corner of a tract conveyed from Jo Ann Burger to the United
States of America by a deed dated October 5, 1981 and recorded
in Volume ll07, Page 209 of the DRDCT for corner;
THENCE northwesterly along the center of said Elm Fork same
being the west boundary line of said McCallum to USA Tract and
the east boundary line of said Burger to USA Tract a distance
of 858 feet to the northwest corner of said McCallum to USA
Tract and the northeast corner of said Burger to USA Tract,
said point also lying in the north boundary line of said Tansey
survey and south boundary line of said S.A. & M.G.R.R. Survey,
alsolbetng the southwest corner of Tract 216-1 as conveyed from
William E. Campbell Jr., et al to the United States of America
by a deed dated April 12, 1982 and recorded in Volume 1136,
Page 801 of the DRDCT and the southeast corner of Tract No.
as conveyed from John W. Porter et al to the United States of
America by a deed dated August 24, lgS1 and recorded in Volume
log6, Page 787 of the DRDCT for corner;
THENCE northwesterly along the centerllne of sa~d Elm Fork same
belng the west boundary 11ne of sa~d Campbell to USA Tract and
the East boundary ltne of satd Porter to USA Tract a d~stance
of g,678 feet to an angle point ~n the west boundary 11ne of
sa~d Campbell to USA Tract and the east boundary l~ne of sa~d
Porter to USA Tract, satd point also lying tn the west boundary
l~ne of said $.A. & M.G.R.R. Survey and the east boundary 11ne
of the W. Cox Survey, Abst. No. 291 for the Point of
Termination.
2612L
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 a_n~jpefore the~i~y Council
of the City of Denton, Texas, on the f/w~- day of~,
1989, at 7:00 o'clock P. M. in the C t{~ounctl C~5~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 City Counczl
of the City of Denton, Texas, on th~_~_~ day of ~,
1989, at 7 00 o'clock P. M. in the Cfty Council Ch~mSers o/f~the
Municipal Building of the City of Denton, Texas, for all p~.~sons
interested in the above proposed annexation. At said time and
place all such persons shall haYe 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
ATTEST2
IFER~FALTERS'~TTY SECRETARY
A-58
EXHIBIT "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 M. McBride survey, Abst. No. 804, W. Tanzy survey Abst.
No. 1253, S.A. & M.G. R.R. Survey, Abst. No. 1228 and more
fully described as follows:
BEING a strip of land 1,000 feet in width and containing
approximately 310.$678 acres or land more or less, said 1,O00
foot strip lying $00 feet on each side of the centerline
described below;
BEGINNING at a point lying in the centerline of the Elm Fork of
the Trinity river, said point lying 434.43 feet, more or less,
southeast of the northwest corner of a tract conveyed from
Daniel M. Mahoney Realtors, Inc. to D.M. Mahoney/O.S. Royalty
Joint Venture by a deed dated January 30, 1981 and recorded in
Volume 1058, Page 603 of the Deed Records of Denton County
Texas said point also lying in the east boundary line of a
tract conveyed from J.W. Porter to Eagle Farms, Inc. by a deed
dated July lg, lg7g and recorded in Volume 963, Page 734 of the
DRDCT;
THENCE northwesterly along the west boundary line of said
Mahoney Tract and the east boundary line of said Eagle Farms,
Inc. Tract the following two courses and distances, (1) north
13o 15' 59" west a distance of 252.74 feet; (2) north 40o
05' 18" west, 181.69 feet to the westerly northwest corner of
said Mahoney Tract and the southerly southeast corner of Tract
II aS conveyed from Scenic Joint Venture to E.L. Hughes and Ray
Lynch by a deed dated December 30, 1986 and recorded in Volume
2062, Page 311 of the DRDCT;
THENCE northerly the following 12 courses and distances along
the 'west boundary line of said Hughes Tract and continuing
along the east boundary line of said Eagle Farms Tract, (1)
north $$o 6' west 16g.0 feet; (2) south 83o 03' west, 303.2
feet; (3) south 37o 6' west, 393.0 feet; (4) south 65o 16'
west, 236.7 feet; ($) north 6o 40' west, 400.2 feet; (6)
north 7o 46' east, 336.6 feet; (7) north 80o 22' east,
597.4 feet; (8) north 31o $3' east, 149.6 feet; (g) north
4o 10' west, 702.g feet; (10) north 63o 02' west, 1,153.2
feetI (11) north go 45' west, 231.2 feet; (12) north 18o
18' !east, 10g.2 feet to the northwest corner of said Scenic
Joint Venture Tract and the northeast corner of said Eagle
Farms Tract said point also being the southwest corner of a
tract of land conveyed from Charles D. Hall to Clyde A.
Blakeley, Jr. and wife Minnie B. Blakeley by a deed dated
January 10, lg66 and recorded in Volume $33, Page 434 of the
DRDCT and being the southeast corner of Tract One as conveyed
from Scenic Joint Venture to E. L. Hughes and Ray Lynch by a
deed dated December 30, 1986 and recorded in Volume 2062, Page
311 of the DRDCT, said point also lying in the centerline of an
east/west public road known as McKtnney Bridge Road;
THENCE northerly the following 4 courses and distances along
the centerline of said Elm Fork same being the west boundary
line of said Tract One and the east boundary line of said
Blakeley Tract, (1) north 180 18' east, 180.6 feet; (2) north
5o 36' east, 420.0 feet; (3) north 420 21' west, 282.8
feet; (4) north 21o 16' 30.0' west, 217.14 feet to the
northwest corner of said Tract One and the northeast corner of
said Blakeley Tract said point also lying in the north boundary
llne of said HcBrtde survey, Abst. No. 804 and the south
boundary 1the of said Tansey Survey, Abst. No. 1253, said potnt
also being the southwest corner of a tract conveyed from Dante1
H. Evans and wife, Barbara Evans to Bobby G. HcDowell and wtfe,
Bobble B. HcDowell by a deed dated December 1, 1977 and
recorded in Volume tn 875, Page 783 of the DRDCT and the
southeast corner of a tract conveyed from John T. Campbell to
Charles W. McCallum by a deed dated August 2, 1960 and recorded
tn Volume 458, Page 362 of the DRDCT for corner;
THENCE northerly the following 2 courses and distances, along
the centerline of said Elm Fork same betng the west boundary
line of satd McCallum Tract and the east boundary 11ne of satd
McDowell Tract (1) north 5o 30' 30" west, 198.55 feet; (2)
north 80 22' 30" west, 867.94 feet to the northeast corner of
said HcDowell Tract and the southeast corner of a tract of land
conveyed from Sam Evans, et al to John W. Porter Auto Sales
[nc., by a deed dated August 23, 1971 and recorded tn Volume
627, Page 539 of the DRDCT for corner;
THENCE northerly the following 7 courses and distances along
the centerltne of satd Elm Fork continuing along the west
boundary line of said McCallum Tract and the east boundary 11ne
of satd John Porter Auto Sales [nc. Tract, (1) north 14o 3'
30" east, 230.9 feet; (2) north 47o 55' 30.0" east, 142.3
feet; (3) north 65o 17' east, 260.3 feet, (4) north 170 18'
30" east, 285.3 feet; (5) north 12o 2' west, 309.8 feet; (6)
north 70 39' west, 357.9 feet; (7) north 200 20' 15" west,
33 feet to the northeast corner of the remainder of the John W.
Porter Auto Sales Inc. Tract and the southeast corner of a
tract conveyed from John ~. Porter Auto Sales, Inc. to Mike
Ramos by a deed dated September 10, 1984 and recorded In Volume
1530, Page 151 of the DRDCT for corner;
THENCE northwesterly the following 2 courses and d~stances
along the centerltne of said Elm Fork along the west boundary
11ne, of said HcCallum Tract and the east boundary 1the of said
Ramos Tract, (1) north 20o 20' 15# west, 27.8 feet; (2) north
18o 7' west, 252.0 feet to the northeast corner of said Ramos
Tract and the southeast corner of a tract conveyed from John W.
Porter Auto Sales, Inc. to Susan Porter by a deed dated
September lO, 1984 and recorded in Volume 1530, Page 147 of the
DRDCT fGr corner;
THENCE north 180 07' west along the west boundary ltne of
said HcCallum Tract and the east boundary line of said Susan
Porter Tract a distance of 317.75 feet to the northeast corner
of slatd Susan Porter Tract and the southeast corner of a tract
conveyed from John ~. Porter Auto Sales, Znc. to John R. Porter
by a deed dated September lO, 1984 and recorded in Volume 1523,
Page 505 of the DRDCT for corner;
THENCE northwesterly the following 3 courses and distances
along the centerline of said Elm Fork, same being the west
boun,dary llne of said McCallum Tract and the east boundary line
of said John R. Porter Tract, (1) north 18o 7' west, 13.05
feet; (2) north 17o 49' 30" west passing the northwest corner
of said McCallum and the southwest corner of a tract conveyed
from Charles W. McCallum and wife Winnye B. McCallum to the
United States of America by a deed dated November 18, 1981 and
recorded in Volume 1113, Page 158 of the DROCT and continuing
for a total distance of 245.5 feet; (3) north 20o 19' 30"
west, 50.98 feet to the northeast corner of said John R. Porter
Tract and the southeast corner of a tract conveyed from John W.
Porter Auto Sales, Inc. to Vaughn Andrus by a deed dated
September 10, 1984 and recorded in Volume 1523, Page 501 of the
DROCT for corner;
THENCE north 200 19' 30" west along the centerline of satd
Elm Fork, same being the west boundary line of said McCallum to
USA Tract and the east boundary 1the of said Vaughn Andrus
Tract a distance of 343.19 feet to the northeast corner of said
Andrus Tract and the southeast corner of a tract conveyed from
John W. Porter Auto Sales, Inc. to Ann Andrus by a deed dated
September 10, 1984 and recorded in Volume 1523, Page 513 of the
OROCT for corner;
THENCE north 20o 19' 30# west along the centerltne of said
Elm Fork, some being the west boundary line of said USA Tract
and the east boundary ltne of said Ann Andrus Tract a distance
of 377.33 feet to the northeast corner of said Ann Andrus and
the southeast corner of a tract conveyed from John W. Porter
Auto Sales, Inc. to Betty Cochran by a deed dated September 10,
1984 and recorded in Volume 1523, Page 517 of the DROCT;
THENCE northwesterly the following 2 courses and distances
along the centerltne of said Elm Fork, same being the west
boundary line of said McCallum to USA Tract and the east
boundary line of said Cochran Tract, (1) north 20o 19' 30"
west, 202.87 feet; (2) north 27o 43' 30" west, 387.0 feet to~
the northeast corner of said Cochran Tract and the southeast~
corner of a tract conveyed from Jo Ann Burger to the United
States of America by a deed dated October 5, 1981 and recorded
in Volume 1107, Page 209 of the OROCT for corner;
THENCE northwesterly along the center of said Elm Fork same
being the west boundary line of said McCallum to USA Tract and
the east boundary 1the of said Burger to USA Tract a distance
of 868 feet to the northwest corner of said McCallum to USA
TraCt and the northeast corner of said Burger to USA Tract,
said point also lying in the north boundary 1the of said Tansey
survey and south boundary line of said S.A. & M.G.R.R. Survey,
also being the southwest corner of Tract 216-1 as conveyed from
Wtlltam £. Campbell Jr., et al to the United States of America
by a deed dated Aprtl 12, 1982 and recorded in Volume 1136,
Page 801 of the OROCT and the southeast corner of Tract No. 213
as conveyed from John W. Porter et al to the United States of
America by a deed dated August 24, 1981 and recorded in Volume
1096, Page 787 of the DROCT for corner;
THEN'CE northwesterly along the centerltne of said Elm Fork same
being the west boundary 1the of said Campbell to USA Tract and
the East boundary ltne of said Porter to USA Tract a distance
of 2,678 feet to an angle point tn the west boundary line of
said. Campbell to USA Tract and the east boundary l~ne of said
Potter to USA Tract, said point also lying In the west boundary
line of said S.A. & M.G.R.R. Survey and the east boundary line
of the W. Cox Survey, Abst. No. 291 for the Point of
Termination.
2620L
RESOLUTION
A RESOLUTION SUPPORTING THE REINSTITUTION OF PASSENGER RAIL
SERVICE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, railway passenger service is essential for the
travel needs of the cztizens of Denton, Texas, and
WHEREAS, the railroad tracks to provide such service are
available at the nearby community of Sanger, Texas and could be
utilized to provide passenger service and connections with
AMTRAK's national railroad network to the people of the City of
Denton, Texas, and surrounding areas, and
WHEREAS, the economy of this region would be greatly enhanced
by the reinstitution of passenger rail service through Denton
County and would serve the educational and industrial needs of
this part of the North Texas region, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF TH~ CITY OF DENTON
SECTION I. That the City Council of the City of Denton
supports the reinstitution of passenger rail service
SECTION II. That this resolution shall become effective
immediately upon its passage and approval./~ ~
PASSED AND APPROVED this the l, ~ay of , 1989
ATTEST-
APPROVED AS TO LEGAL FORM'
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
2614L
RESOLUTION NO.
A CONDITIONAL RESOLUTION OF THE CITY OF DENTON SUPPORTING THE
EXTENSION AND THE INSTRUMENT LANDING SYSTEM (ILS) AT THE FORT
WORTH ALLIANCE AIRPORT, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the FAA and City of Fort Worth propose to extend
the runway at Fort Worth Alliance Airport (the "Airport") 1,400
feet to the north (the "Extension"), and
WHEREAS, the Extension will allow heavier azrcraft to
utilize the Airport by changing the runway length from 8,200
feet to.
Takeoff on runway 16 9,600 feet
Landing on runway 16 8,200 feet
Takeoff on runway 34 9,600 feet
Landing on runway 34 9,600 feet
WHEREAS, the City of Fort Worth proposes to znstall an
instrument landing system (the "ILS") that will serve aircraft
approaching the Airport from the south, and
WHEREAS, the Extension and the ILS will further enhance the
capability of the airport to serve the general public and the
industries in the surrounding metropolitan area, and
WHEREAS, the Extension and the ILS will increase safety,
efficiency, and reliability at the Airport, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON
SECTION I That the Extension and the ILS at the Airport,
will enhance the capability of the Airport to serve the
citizens of the City of Denton and the general public
SECTION II. That it is in the best interest of the
citizens of the City of Denton to support the Extension and the
ILS at the Airport with the understandzng that this support is
conditional upon receiving written documentation from the FAA
that all of the Denton airport's airspace, zncluding any
expansions, will not be adversely affected now or in the future
PASSED AND APPROVED this the /7~ay of January, 1989.
ATTEST'
~N~F~W~TERS; ~W SECRET~
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
THI~ PEROT GROUP
November 6, 1989
The Honorable Ray Stephens
Mayor, City of Denton
215 E McK~nney Street
Denton, Texas 76201
Dear Mayor Stephens
Enclosed for your records, please f~nd a copy
of the letter sent by Jack Sasser to Joe ad-
dressing your concerns re§ard~ng the resolution
Denton passed earlier th~s year I have en-
closed a copy of the resolution to attach to
this letter and hope it resolves the ~ssue
It as not necessary to take council action to
remove the "Conditional", as the FAA takes ~nto
account Denton Mun~c~pal's status as an approved
airport layout
Sincerely,
U 5. DepQrtment Southwest Region Fort Worth Texas 76193 0000
of Transportation Arkansas Lou~mana
New Mexico Oklahoma
Federal Aviation Texas
Administration
Denton Municipal Airport
Route 1~ Box 100
Denton, Texas 76205
We understand the city of Denton has requested Federal Aviation
Admunzstratian (FAA) documentatzon concerning the runway extenszon and
instrument land~ syste~ at Fort Worth Alliance A~rport as referred to in
the city's Janttary 17, 1989, resolution No. I{89-007
Daring a~ airspace study the FAA co~side~s the effect that co--ion,
alteration, activation or deactivation of any a~rport will have c~ the safe
and ef~lclent use of tb~ navigable al~ace by alru£=ft. A c~01ete
airspace st~/dy consists of an airspace analysis, a flight safety review,
and a ~evlew of the potential effect of the proposal on air traffic control
and air navigational facilities, as well as existing and/or contemplated
traffic patterns and procedures. All plans c~ file, such as an approved
airport layout plan, are considered during the study.
The n~pact of the development mentioned above on all airports in the area
was considered by FAA and found to be acceptable.
Sincerely,
ORIGINAL SIGN[D BY
HUGH W LYON
wm. Jaok Sasser
MaD~ger, Airports Dlvzs[on
CC:
/Ms. Robyn Roark, The Perot Group, 12377 M~_rit Drive, Suite 1600,
Dallas, Texas 75251
2614L
RESOLUTION NO.
A CONDITIONAL RESOLUTION OF THE CITY OF DENTON SUPPORTING THE
EXTENSION AND THE INSTRLMENT LANDING SYSTEM (ILS) AT THE FORT
WORTH ALLIANCE AIKPORT, AND DECLARING AN EFFECTIVE DATE.
%~EREAS, the FAA and City of Fort Worth propose to extend
the runway at Fort Worth Alliance Airport (the "Azrport") 1,400
feet to the north (the "Extension"), and
WHEREAS, the Extension will allow heavzer azrcraft to
utzlzze the Airport by changzng the runway length from 8,200
feet to'
Takeoff on runway 16 9,600 feet
Landing on runway 16 8,200 feet
Takeoff on runway 34' 9,600 feet
Landzng on runway 34 9,600 feet
WHEREAS, the Czty of Fort Worth proposes to znstall an
znstrument landing system (the "ILS") that wzll serve azrcraft
approaching the Azrpor: from =he south, and
WHEREAS, the Extension and the ILS wzll further enhance the
capabilzty of the azrport to serve the general publmc and the
mndustries zn the surroundzng metropolztan area, and
WHEREAS, the Extenszon and the ILS wmll mncrease safety,
effzcmency, and reliabzlity at the Amrport, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON
SECTION I That the Extenszon and the ILS at the Azrport,
wzll enhance the capabml~ty of the Amrport to serve the
cztmzens of the Czty of Denton and the general publmc
SECTION II That mt ms zn the best mnterest of the
cztmzens of the Czty of Denton to support the Extension and the
ILS at the Airport wmth the understandmng that this support ms
conditional upon recezving wrztten documentatmon from the FAA
that all of the Denton airport's azrspace, zncludzng any
expanszons, will not be adversely affected now or mn the future
PASSED AND APPROVED thzs the /~ay of January, 1989
ATTEST
APPROVED AS TO LEGAL FORN'
DEBRA ADANI DRAYOVITCH, CITY ATTORNEY
2622L
A RESOLUTION SUPPORTING THE ESTABLISHMENT OF A JONES FARM LIVING
HISTORY CENTER AT JOHNSON BRANCH PARK ON RAY ROBERTS LAKE AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Parks and Wildli~ Department is currently
considering the placement of a new "livzng history farm" at the
Roy Jones Farm site on Ray Roberts Lake in Denton County, Texas,
and
~EREAS, the develo~ent of thzs site as a "living history
~rm" would have a positive economic impact on Denton, Cooke and
Grayson counties by providing jobs and increasing tourism, and
~EREAS, the culture and h~story of north Texas are unique
and worthy of preservation. The creation of a Jones Farm Living
History Center would help to ~eserve and document the
agricultural nature of our region's history so that those who
~llow us can learn about their past and profit ~om that
knowledge, and
WHEREAS, with an increasing em~asis on the study of state
and local history in our schools and a lack of livzng history
~rms in our area, the establishment of a Jones Farm Living
Center would be of great benefit to the 56,000 public school
children in Denton, Cooke and Grayson counties, NOW, ~EREFORE,
BE IT RESOLVED BY THE CO~CIL OF ~E CITY OF DENTON
SECTION I. That the City Council of the City of Denton,
Texas dnanimously and wholeheartedly lends its moral support to
the creation of a "living history farm" at the Jones homestead,
Johnson Branch Park in north Denton County.
SFCTION II Sat this resolutzon shall become elective
zmmediately upon its passage and/~aP~v~l f~
PASSED AND APPROVED this the f/day o~ ,
1989.
RANDALL BOYD, COUNCILMEMB jA~E HOPKINS, MAYOR PROTEM
BOB GORTON,
}{UGH A~R, CO~ILMEMBER
~/STM K. ALEXAND~/COUNCILMEMBER ~./INNIE MCADAMS, CO!
ATTEST'
J~IFER ~ALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM.
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
PAGE 2
2142L
NOTE Amendment No 1 - Ordinance No. 90-047
Amendment No. 2 - Ordinance No 94-073
Amendment No. 3 - Ordinance No. 98-037
Amendment No. 4 - Ordinance No. 2000-148
RESOLUTION
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND THE DENTON INDEPENDENT SCHOOL DISTRICT FOR A JOINT ELECTION,
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Chapter 271 of the Texas Election Code authorizes
political subdivisions to conduct joint elections, and
WHEREAS, the Board of Trustees of the Denton Independent
School District have requested the City Council of the City of
Denton to conduct its regular election to be held May 6, 1989,
jointly with the School District election, and
WHEREAS, the City Council, having given due deliberation to
the proposal for a Joint election, is of the opinion that such
joint election could adequately and conveniently serve the voters
of the City of Denton and facilitate the orderly conduct of such
elections, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS
SECTION I. That the Mayor is hereby authorized to execute an
agreement between the City and the Denton Independent School Dis-
trict providing for the Joint conduct of the May 6, 1989 regular
municipal election and the regular election for trustees of the
Denton Independent School District, a copy of such agreement
being attached hereto and incorporated by reference herein
SECTION II. That this resolution shall take effect and be in
full force immediately upon its pa~ and ap~val.
PASSED AND APPROVED this the //~'- day of ~, 1988
It. AY~T~~S, M-~OR
ATTEST
C ~FER~ALTERS, CITY-SECRETARY
OVED AS TO LEGAL FORM'
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
2142L
THE STATE OF TEXAS § JOINT ELECTION AGREEMENT
BETWEEN THE CITY OF DENTON AND THE
COUNTY OF DENTON § DENTON INDEPENDENT SCHOOL DISTRICT
WHEREAS, the City of Denton, Texas ("City") will hold an
election for City Council Members on Saturday, the 6th day of
May, 1989, and
WHEREAS, the Denton Independent School District ("District")
will also hold an election for school trustees on Saturday, the
6th day of May, 1989, and
WHEREAS, pursuant to Section 271 002 of the Election Code,
the City and the District desire to enter into an agreement to
hold their elections Jointly in the election districts that can
be served by common polling places, NOW THEREFORE,
The City and the District do hereby agree as follows
I. POLLING PLACES
The parties agree to hold their elections jointly in the
election precincts that can be served by common polling places.
Absentee voting shall be conducted for both entities by City
officials at the Denton City Hall, 215 East McKinney, Denton,
Texas. District polling places shall coincide with City polling
places. The Election Districts and their respective polling
places shall be as follows:
A. District One shall include the following County election
precincts and those voters residing within the following listed
precincts shall vote at the Martin Luther King, Jr Recreation
Center, 1329 Morse Street, Denton, Texas
1. That portion of Precinct No. 1-K lying north of
McKinney Street, East and South of Mingo Road, West of
Mockingbird Lane and North and Northwest of Audra Lane.
2. All of Precinct 1-S in the City of Denton.
3. All of Precinct 1-V.
4. That portion of Precinct 1-D lying North of Interstate
Highway 1-35 East.
5. That portion of Precinct 1-J lying North of Interstate
Highway 1-35 East.
6. All of Precinct 4-L except that portion of Precinct 4-L
lying south of Eagle Drive and West of Bernard Street.
7. That portion of Precinct 4-G lying East of Avenue E and
North of Eagle Drive.
B. District Two shall include the following County election
precincts and those voters residing within the following listed
precincts shall vote at Fire Station No 4, 2110 Sherman Drive,
Denton, Texas
1. Ail of Precinct No 4-H in the City of Denton
2. Ail of Precinct 4-N in the City of Denton
3. Ail of Precinct 1-E in the City of Denton
4. Ail of Precinct 1-H in the City of Denton.
5. Ail of Precinct 1-L in the City of Denton
6. Ail of Precinct 1-G in the City of Denton.
7. That portion of Precinct 1-K lying East and South of
Audra Lane and lying North of Mingo Road
8. Ail of Precinct 4-M in the City of Denton
9. Ail of Precinct 1-C in the City of Denton.
C. District Three shall include the following County election
precincts and those voters residing within the following listed
precincts shall vote at the North Lakes Recreation Center, 2001
W. Windsor, Denton, Texas
1. Ail of Precinct No 1-M mn the City of Denton
2. Ail of Precinct 4-K in the City of Denton
3. Ail of Precinct 4-J in the City of Denton.
4. Ail of Precinct 4-F in the City of Denton
5. Ail of Precinct 4-E in the City of Denton.
6. Ail of Precinct 4-D in the City of Denton
D. District Four shall include the following County election
precincts and those voters residing within the following listed
PAGE 2
precincts shall vote at the Denia Park Recreation Center, 1001
Parvin, Denton, Texas:
1. All of Precinct No. 3-F in the City of Denton.
2. All of Precinct 3-E in the City of Denton
3. That portion of Precinct 1-J lying South of Interstate
Highway 1-35 East in the City of Denton.
4. That portion of Precinct 1-D lying South of Interstate
Highway 1-35 East in the City of Denton.
5 All of Precinct 4-G, except that portion of 4-G lying
south of West Oak Street, East of Avenue E and North of
Eagle Drive.
6. That portion of Precinct 4-L lying South of Eagle
Drive, West of Bernard Street, East of Avenue C, and
North of Interstate Highway 1-35 East.
7. All of Precinct 1-R in the City of Denton, Texas.
E The voting precincts located within the boundaries of the
Denton Independent School District and not within the city limits
and their respective polling places are hereby designated as
follows.
1. Precincts 1R, 3B, 3D, and 3G - Dents Recreation Center.
2. Precincts lB, lC, 2M, 4M, 1E and 4N Firestation No
4, Sherman Drive.
II. BALLOTS
At each polling place a single ballot form shall be used
which will show all the offices to be voted on in the elections
of both parties at that polling place, provided, however, that no
voter shall be provided a ballot containing any office on which
the voter is ineligible to vote. In such cases, separate ballots
will be provided to voters residing in areas where boundaries are
not coextensive.
The City Secretary of the City shall prepare the ballot for
the Joint election for both parties, and shall cause to be printed
and prepared the cards, inserts and other printed material
necessary to set the ballot on the voting machines, and shall
cause to be listed the names of the candidates for Trustees of
PAGE 3
the Board of Trustees of the District, said list and destgnatzon
to be separate and apart from the listing of the candidates for
City Council of the City, which shall also be listed on the
ballot.
The City Secretary shall furnish a separate set of tally
sheets and return forms for use by the presiding officers in the
various precincts, so that the results of the election of Trustees
of the District shall be returned on a separate tally sheet,
placed in a separate envelope, sealed and so designated, and like-
wise, the returns made by the presiding officers of the election
for City Council of City shall be separately returned on separate
tally sheets and in separate envelopes, sealed and designated.
Ail tally sheets and returns for the election of Trustees for the
District shall be delivered directly to the Secretary of the
Board of Trustees of the District or other chief election official
of said District Ail tabulations of the results of the election
for Trustees of the Board of Trustees of the Distrzct shall be
conducted by the Judge of the central counting station. After
completion thereof, all such tabulatzons, tally sheets and
returns related to the election of the Trustees of the Board of
Trustees of said District and said Board will assemble such
tabulations, and make the official canvass of the election and
the final declaration of the results thereof
III. ELECTION OFFICERS
One set of election officers shall be appointed by the City
to conduct the Joint election, and any person who ~s qualified to
serve as an election officer in the election of either one of the
parties may be appointed to serve in the joint election. The
election officers shall be named and speczfied in the ordinance
or resolution of each party calling such election. The District
shall prepare its election order and forward a copy of same to
the attention of the City Attorney, 215 East McKinney, Denton,
Texas 76201 not later than seven (7) days prior to the meeting at
which the election is to be ordered.
IV. RECORDS
Ail records pertaining to the election of the parties shall
be combined in any manner convenient and adequate to record and
report the results of each election. Returns shall be made to,
and the canvass made by the governing board of each of the
parties. The officer designated by law to be the Custodian of
the Records for the City is hereby designated as the Custodian of
the Combined Records.
PAGE 4
V. EXPENSE
The reasonable and necessary expense of holding said joint
election will be paid by the City, except that one-half (1/2) of
the expense shall be paid to the City by the District upon receipt
of satisfactory billing and invoices reflecting the total of such
expense. This expense shall include the hiring of a part-time
clerk to assist the City Secretary with her duties while the
election process is in effect.
This agreement shall not apply to run-off elections or bond
elections held by either party.
VI. FILING
It is understood and agreed that candidates shall file in the
appropriate Jurisdiction as provided by the Election Code.
VII. EFFECTIVE DATE
This agreement shall become effective upon the adoption by the
governing body of each of the parties of a resolution approving
this Agreement and shall be effective each successive year there-
after until terminated in writing by either party, provided how-
ever, in the event that either party shall forego a joint election
despite being eligible to participate pursuant to Section 271 002,
Vernon's Texas Election Code, that party shall notify the other
party at least ninety (90) days prior to the election date
A resolution incorporating the terms of thzs Agreement has
been adopted by the City Council of the City and the Board of
Trustees of the District, and in accordance with Section 271.002,
Vernon's Texas Election Code, executed the same .i~L~aplicate
~iginals pursuant to their authority on the /'/! day of
, 1989.
CITY OF DENTON, TEXAS
RAY ST~VENS, ~AYOR
ATTEST:
PAGE 5
APPROVED AS TO FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BOARD OF TRUSTEES, DENTON
ByINDEP~TtlCHOOL~[7-~'-'~.--~ ~DISTRICT
BETTYE MYERS, PRESIBENT
ATTEST
MIKE GREGORY, SECTARY~
%./
APPROVED AS TO FORM
ATTORNEY FOR BOARD OF TRUSTEES
DENTON INDEPENDENT SCHOOL DISTRICT
-//
PAGE 6
2930L
NO.
AN ORDINANCE APPROVING AMENDMENT NO. 1 TO AN AGREEMENT BETWEEN
THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT TO
HOLD THEIR ELECTIONS JOINTLY IN THE ELECTION DISTRICTS THAT CAN
BE SERVED BY COMMON POLLING PLACES, AND PROVIDING FOR AN EFFEC-
TIVE DATE.
THE CO~CIL OF THE CITY OF DENTON HEREBY ORDAINS
SEQTION I. That the Mayor and City Secretary are hereby
authorized and directed to execute and attest, respectively,
Amendment No. 1 between the City of Denton and the Denton Inde-
pendent School District to hold their elections Jointly zn the
election districts that can be served by common polling places
under the terms and conditions being contained in said agree-
ment, which is attached hereto and made a part hereof.
SECTION II. That this ordinance shall become effective tm-
mediately upon its passage and approval.
ATTEST~
JENNIFSR WALTERS, CITY SECRETARY
APPROV]~D AS TO LEGAL FORM:
DEBRA ~DAMI DRAYOVITCH, CITY ATTORNEY
BY: )
7. That portion of Precinct 406 lying East of Avenue E and
North of Eagle Drive.
B. District Two shall include the following County election
precincts and those voters residing within the following listed
precincts shall vote at Fire Station No. 4, 2110 Sherman Drive,
Denton, Texas:
1. Ail of Precinct No. 407 in the City of Denton.
2. Ail of Precinct 419 in the City of Denton.
3. Ail of Precinct 104 in the City of Denton
4. Ail of Precinct 106 in the City of Denton.
5. Ail of Precinct 418 in the City of Denton.
6. Ail of Precinct 105 in the City of Denton.
7. That portion of Precinct 110 lying East and South of
Audra Lane and lying North of Mtngo Road.
8. Ail of Precinct 417 in the City of Denton
9. Ail of Precinct 102 in the City of Denton.
C. District Three shall include the following County election
precincts and those voters residing within the following listed
precincts shall vote at the North Lakes Recreation Center, 2001
W. Windsor, Denton, Texas:
1. Ail of Precinct No. 111 in the City of Denton.
2. Ail of Precinct 409 in the City of Denton.
3. Ail of Precinct 408 in the City of Denton.
4. Ail of Precinct 405 in the City of Denton.
5. Ail of Precinct 404 in the City of Denton.
6. Ail of Precinct 403 in the City of Denton.
D District Four shall include the following County election
precincts and those voters residing within the following listed
precincts shall vote at the Denia Park Recreation Center, 1001
Parvin, Denton, Texas'
1 Ail of Precinct No. 415 in the City of Denton.
PAGE 2
2. Ail of Precinct 414 in the City of Denton
3. That portion of Precinct 416 lying South of Interstate
Highway 1-35 East in the City of Denton.
4. That portion of Precinct 103 lying South of Interstate
Highway 1-35 East in the City of Denton.
5. All of Precinct 406, except that portion of 406 lying
south of West Oak Street~ East of Avenue E and North of
Eagle Drive.
6. That portion of Precinct 410 lying South of Eagle
Drive, West of Bernard Street, East of Avenue C, and
North of Interstate Highway 1-35 East.
7. All of Precinct 108 in the City of Denton, Texas.
E. The voting precincts located within the boundaries of the
Denton Independent School District and not within the city limits
and their respective polling places are hereby designated as
follows:
1. Precincts 108, 412, 300, and 301 Denia Recreation
Center.
2. Precincts 101, 102, 115, 417, 104 and 419 Firestation
No. 4, Sherman Drive.
ARTICLE II.
In all other respects, the terms and conditions of the Agree-
ment~ as executed by the parties on the 17th day of January, 1989
remain in full force and effect.
Executed this~_~___~day of ~ , 1990.
CITY OF DENTON, TEXAS
ATTEST.
PAGE 3
APPROVED AS TO LEGAL FORM:
DEBRAADAMI DRAYOVITCH, CITY ATTORNEY
DISTRICT
PAGE 4
E ~ \WPDOCS\ORD\DISD. AMD
ORDINANOE NO. q t'O?$
AN ORDINANCE APPROVING AMENDMENT NO. 2 TO ANAGREEMENT BETWEEN THE
CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT RELATING
TO HOLDING THEIR ELECTIONS JOINTLY IN THE ELECTION DISTRICTS THAT
CAN BE SERVED BY COMMON POLLING PLACES; AND PROVIDING FOR AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I, That the Mayor and City Secretary are hereby
authorized and directed to execute and attest, respectively, to
Amendment No. 2 to an Agreement executed on January 17, 1989
between the City of Denton and the Denton Independent School
District relating to holding their elections Jointly in the
election districts that can be served by common polling places
under the terms and conditions being contained in said Agreement,
which is attached hereto and made a part hereof.
SECTION II. That this ordinance shall become effective immed-
iately upon its passage and approval.
ATTEST: BOB ' CASTLE~B.:~K~, ma~ua/~-~
JENNIFER WALTERS, CITY SECRETARY
/
APPROVED AS TO LEGAL FORM.'
DEBRA A. DRAYOVITCH, CITY ATTORNEY
ZHDB~BHI)]BL~ B~HOOL DZSTRZ~T
WHEREAS, on January 17, 1989, the city of Denton, -Owner", and
the Denton Independent School District, "DISD", entered into an
agreement, the .Agreement", to hold their elections Jointly in the
election districts that can be served by common polling places; and
WHEREAS, the County of Denton has changed the precinct
designations set forth in such Agreement as amended on March 20,
1990 (Amendment No. 1), which changes have necessitated mn
additional amendment to Article I of the Agreement and the repeal
of Amendment No. 1; NOW, THEREFORE,
WITNESSETH:
ARTICLE I.
The parties agree to hold their elections jointly in the
election precincts that can be served by common polling placeS.
Early voting shall be conducted for both entities by city officials
at the Denton City Hall, 215 East McKinney, Denton, Texas. The
Election Districts and their respective polling places shall be as
follows:
A. District One shall ~nclude the following County election
precincts and those voters residing within the following listed
precincts shall vote at the Martin Luther K~ng, Jr. Recreation
Center, 1329 Morse Street, Denton, Texas:
1. Ail of precinct 421.
2. That portion of precinct 111 lying north of Interstate
Highway 35E.
3. That portion of precinct 406 lying east of Avenue E and
north of Eagle Drive.
4. That portion of precinct 410 lying north of Eagle Drive
and east of Bernard Street.
5. That portion of precinct 418 lying north and west of
Audra Lane and east and south of Mingo Road.
6. That portion of precincts 416 and 424 lylng w~thin the
C~ty of Denton.
B. DiatrictTwo shall include the following County election
precincts and those voters residing within the following listed
precincts shall vote at Fire Station No. 4, 2110 Sherman Drive,
Denton, Texas:
1. All of precincts 106, 116, 407 and 426.
2. That portion of precincts 102, 104, 105, 115, 417, and
419 lying within the City of Denton.
C. District Three shall including the following County
election precincts and those voters residing with the following
listed precincts shall vote at the North Lakes Recreation Cente~,
2001 W. Windsor, Denton, Texas:
1. All of precincts 404, 405, 408, 409, and 420.
2. That portion of precincts 402, 403, and 423 lying within
the city of Denton.
3. That portion of precinct 418 lying north of Mingo Road.
D. District Four shall include the following County election
precincts and those voters residing within the following listed
precincts shall vote at the Denia Park Recreation Center, 1001
Parvin, Denton, Texas:
1. That portion of precincts 103, 108, 301, 412, 414, and
415 within the city of Denton.
2. That portion of precinct 111 lying south of Interstate
Highway 35E and within the City of Denton.
3. That portion of precinct 406 lying west of Avenue E and
south of Eagle Drive.
4. That portion of precinct 410 lying south of Eagle Drlve
and west of Bernard Street.
5. That portion of precinct 118 north of Shady Shores Road
within the city of Denton.
E. The voting precincts located within the boundaries of the
Denton~ Independent School District and not within the city limits
and their respective polling places are hereby designated as
follows:
1. Precincts 103, 108, 111, 118, 300, 301, 303, 319, 412,
414, 415, 416 and 424 - Denia Recreation Center.
2. Precincts 101, 102, 104, 105, 115, 402, 403, 417, 419 and
423 - Firestation No. 4, Sherman Drive.
P~GB 2
~TICLE II.
In all other respects, the te~s and conditions of the
Agreement, as executed ~ the parties on the 17th day of January,
1989 r~ain in full force and effect.
EX.cured this /~/day of ~ , 1994. CITY OF DENTON, TE~S
ATTEST,: BOB CASTLEBE~Y, ~~ ~
JENNIFER W~TERS,,CITY SECRETLY
APPROVED AS TO LEGAL FO~:
DEB~ ~. D~YOVITCH, CITY ATTO~EY
DENTON INDEPENDENT SCHOOL
DISTRICT
TITLE: President-Board of Trustees
J ~ \PFWRK\OO04BR\ACCO01B9. WP5
PAGB 3
AN ORDINANCE APPROVING AMENDMENT NUMBER THREE TO AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DIS-
TRICT RELATING TO HOLDING THEIR ELECTIONS JOINTLY IN ELECTION DIS-
TRICTS THAT CAN BE SERVED BY COMMON POLLING PLACES, AND PROVIDING
AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
S T_S~ That the Mayor and C~ty Secretary are hereby authorized to execute and
attest, respectively, to Amendment Number Three to an Agreement executed on January 17,
1989 between the C~ty of Denton and the Denton Independent School District relating to holding
their electrons jointly m election &stncts that can be served by common polhng places w~th~n the
terms and ¢on&t~ons being contmned m the amendment which ~s attached hereto and made a part
ofth~s or&nance for all purposes
~ That this ordinance shall become effective lmme&ately upon its passage
and approval
PASSED AND APPROVED thlsthe /7 ~ day of /~/..Tf/_.t/t~/J/ ,1998
JACK~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPRo~D'As~TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
STATE OF TEXAS §
COUNTY OF DENTON §
THIRD AMENDMENT TO THE JOINT ELECTION AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON
INDEPENDENT SCHOOL DISTRICT
That that certain Joint Election Agreement between the C~ty of Denton, Texas ("City")
and the Denton Independent School District ("District") dated the17th day of January, 1989, as
amended, ("Agreement") Is hereby amended to read as follows
WHEREAS, City and Districts are local governmental ent~tles who wish to enter into an
lnterlocal agreement to hold joint elections under Chapter 791 of the Texas Local Government
Code, and
WHEREAS, both parties are able to conduct elections m accordance with the provisions
of the Texas Election Code, and
WHEREAS, the govermng bodies of each party has authorized this mterlocal agreement,
and
WHEREAS, the District is paying for the performance of these govenunental services
from current revenues, and the City agrees that the amount being pa~d for these services fairly
compensates it for the services performed, NOW, THEREFORE,
WITNESSETH
I
That the last paragraph of the Agreement, as amended, under Section II "Ballots" ~s
hereby amended to read as follows
The City Secretary shall furnish a separate set of tally sheets and return forms for use by
the presiding officers m the various precincts, so that the results of the election of Trus-
tees of the District shall be returned on a separate tally sheet, placed m a separate enve-
lope, sealed and so designated, and likewise, the returns made by the presiding officers of
the election for City Council of City shall be separately returned on separate tally sheets
and in separate envelopes, sealed and designated All tally sheets and returns for the
eleet~on of Trustees for the District shall be delivered directly to the Secretary of the
Board of Trustees of the District or other chief election official of said District All
tabulations of the results of the election for Trustees of the Board of Trustees of the Dis-
trict shall be conducted by the Judge of the Central Counting Station After completion
thereof, all such tabulations, tally sheets, and returns related to the election of the Trus-
tees of the Board of Trustees of said District and said Board will assemble such tabula-
ttons, and make the official canvass of the election and the final declaration of the results
thereof
II
That the Agreement, as amended, m hereby amended by adding a new section to be enti-
tled SecUon VIII "Cancellation of Elect~on," to read as follows
VIII CANCELLATION OF ELECTION
In accordance w~th TEX ELEC CODE {}2 051-2 054, which allows a pohtmal subdtw-
s~on to cancel an elect~on and to declare each unopposed candidate elected when the
authority responmble for hawng the official ballot prepared certffies that candidates ap-
pear unopposed on a ballot, ~n the event the C~ty cancels ~ts entire elect~on, the D~stnct
may contract w~th Denton County to hold their electron In the event that the C~ty can-
cels ~ts elect~on m one or more s~ngle member d~stncts, ff there are only unopposed can-
d~dates m that dmtnct or those dtstncts and no propos~tions on the ballot, the Dmtnct will
pay the total cost of the elect~on expenses assomated w~th holding an elect~on ~n a thstnct
where there would be no C~ty electron In all other dtstncts where the C~ty ~s holding an
elect~on, the Dmtnct will pay half of the elect~on costs, as per the Agreement If D~strlct
cancels ~ts elect~on, the C~ty will pay the total cost of the election ff the entire elect~on ~s
cancelled by the Dmtnct
Iii
Save and except as amended hereby, the sections, paragraphs, sentences, and clauses of the
Agreement shall remmn ~n full force and effect
EXECUTEDthm /7~'~ dayof /~_~ff'/.,~t~r~/ ,1998
CITY OF DENTON, TEXAS
JAC~LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
Page 2
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
DENTON INDEPENDENT SCHOOL
DISTRICT
TITLE
E \DOCS\K'dOINT ELECTION WITH DISD
Page 3
ORDINANCE NO dO o-
AN ORDINANCE APPROVING AMENDMENT NO 4 TO AN AGREEMENT BETWEEN
THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT
RELATING TO HOLDING THEIR ELECTIONS JOINTLY IN THE ELECTION DISTRICTS
THAT CAN BE SERVED BY COMMON POLLING PLACES, AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, on January 17, 1989, the City of Denton and the Denton Independent School
District entered rote a Joint Election Agreement ("Agreement") to hold their elections jointly in
the election chstncts that can be served by common polling places, and
WHEREAS, the Agreement has been amended since the County of Denton has changed
the precinct designations set forth in Article I of the Agreement and these changes reqmre that
the Agreement be amended agmn, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the Mayor and the City Secretary are hereby authorized and directed
to execute and attest, respectively, to Amendment No 4 to a Joint Election Agreement, as
amended, executed on January 17, 1989 between the City of Denton and the Denton Independent
School District relating to holding their elections jointly in the election dlstl'lCts that can be
served by common polling places under the terms and conditions being eontmned in said
Agreement, wluch Amendment is attached hereto and made a part of this ordinance for all
purposes
SECTION 2 That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED th~s the /~ dayof ~ ,2000
JA~I,~L~ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPR~JVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
STATE OF TEXAS §
COUNTY OF DENTON §
FOURTH AMENDMENT TO THE JOINT ELECTION AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON
INDEPENDENT SCHOOL DISTRICT
WHEREAS, on January 17, 1989, the City of Denton, "Owner", and the Denton
Independent School D~stnct, "DISD", entered ~nto a Joint Election Agreement, the "Agreement",
to hold their elect~ons jointly in the electaon d~stncts that can be served by common polhng
places, and
WHEREAS, the County of Denton has changed the precinct designations set forth an
such Agreement, as amended, on April 19, 1994 (Amendment No 2), which changes have
necessitated an additional amendment to Article I of the Agreement, NOW, THEREFORE,
WITNESSETH
St~CTION 1 That Article I "Polhng Places" of the Agreement, as amended, ns hereby
amended to read as follows
ARTICLE I POLLING PLACES
The parties agree to hold their elections jointly in the elect~on precincts that can be served
by common polhng places Early voting shall be conducted for both ent~t~es by appropriate C~ty
officmls at the Denton C~ty Hall, 215 East Mcganney, Denton, Texas The C~ty of Denton and
DISD Election D~stncts - D~stncts One, Two, Three, Four, and Connth - and their respective
polhng places shall be indicated on the attached Elect~on D~stncts chart which is made a part of
th~s Agreement for all purposes and are further described as follows
A D~stnct One shall mclude the following Denton County elect~on precincts as
estabhshed by the Commissioners Court of Denton County and those voters residing within the
following listed precincts shall vote at the Martin Luther gang, Jr Recreation Center, 1329
Morse Street, Denton, Texas
1 Precmcts 416, 421, and 424 - Denton and DISD residents
2 That portion of precinct 118 lying within the C~ty of Denton - Denton residents
only
3 That portion of precinct 406 lying east of Avenue E and north of Eagle Drive -
Denton and DISD residents
4 That port~on of precinct 410 lying east of Bernard Street and north of Eagle Drive
- Denton and DISD residents
5 That port,on of precinct 418 lying north and west of Audra Lane and east and
south of Mmgo Road - Denton and DISD residents
Page 1 of 3
6 That portion of precinct 430 lying north of Interstate Highway 35E - Denton and
DISD remdents
B D~stnct Two shall include the following Denton County elect~on precincts as
estabhshed by the Comm~smoners Court of Denton County and those voters residing w~tlun the
following hsted precincts shall vote at the F~re Statmn No 4, 2110 Sherman Drive, Denton,
Texas
1 Precincts 101,115, and 130-DISD residents only
2 Precincts 102, 104, 106, 121, 123, 125, 403, 407, 426, and 428 - Denton and
DISD residents
C D~stnct Three shall include the following Denton County elect~on precincts as
estabhshed by the Commissioners Court of Denton County and those voters residing w~tlun the
following listed precincts shall vote at the North Lakes Recreation Center, 2001 West Windsor,
Denton, Texas
1 Precincts 116, 127, 402, 404, 405, 408, 409, 420, and 427 - Denton and DISD
residents
2 Precinct 128 - Denton residents only
3 That port~on of precinct 418 lying north of Mmgo Road - Denton and DISD
residents
D D~stnct Four shall include the following Denton County electron precincts as
estabhshed by the Commissioners Court of Denton County and those voters residing w~thln the
following hsted precincts shall vote at the Dema Park Recreation Center, 1001 Parv~n, Denton,
Texas
1 Precincts 108, 120 and 122 - Denton Resldents only
2 Precincts 111,412, 414, 415, 419, 423 and 431 - Denton and DISD remdents
3 Precincts 319, 417, and 422 - DISD residents only
4 That po~on of precinct 406 lying west of Avenue E and south of Eagle Drive -
Denton and DISD residents
5 That portmn of precinct 410 lying west of Bernard Street and south of Eagle
Dnve- Denton and DISD residents
6 That portion of precinct 430 lying south of Interstate H~ghway 35E - Denton and
DISD residents
Page 2 of 3
E Those voters residing w~thm the following hsted Denton County precincts as
estabhshed by the Commlsmoners Court of Denton County shall vote at the Connth Cxty Hall,
2003 South Connth Street, Connth, Texas
1 Precincts 108, 118, 120, 122, and 129 - DISD remdents only
SECTION 2 That save and except as amended hereby, all the remtumng sections,
subsections, sentences, clauses, and phrases of the Agreement, as amended, shall remmn ~n full
force and effect
EXECUTED tins /~1~-~ day of ~ ,2000
CITY OF DENTON, TEXAS
JACI~J~ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
DENTON INDEPENDENT SCHOOL
DISTRICT
BY
TITLE
Page 3 of 3
Next DoCument
;
2543L
RESOLUTION NO. ~'~O
AN RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS
TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND SAMMONS
COMMUNICATIONS, INC GRANTING A LICENSE FOR THE USE OF CERTAIN
ELECTRICAL DUCT AROUND THE PROPOSED LOOP 288 AND STUART ROAD, AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON
SECTION I That the Mayor is authorized to execute an
agreement between the City of Denton and Sammons Communicatzons,
Inc. for the purpose of granting Sammons a lzcense for a period
of fifteen (15) years to utilize the cable duct which cross the
proposed Loop 288 and Stuart Road, under the terms and condztlons
contained in said agreement, which is attached hereto and made a
part hereof.
SECTION II. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the ~ day of ~, 1989.
ATTEST
~IFER~LTERS, CITY'-SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CABLE DUCT USE AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS
AND SAMMONS COMMUNICATIONS, INC.
FOX{ THE INTEl[SECTION OF
LOOP 288 AND STUART ROAD
2543L
TABLE OF CONTENTS
Article Pase
I Definitions 1
II. Scope of Agreement 2
III. Application for Permission to Install Cable 3
IV. Specifications 4
V. Installation and Maintenance of Cable and Duct 4
VI. Rights-Of-Way, Legal Authority and Default 5
VII Fee 6
VIII. Term and Termination of Agreement 6
IX. Force Majeure 7
X. Indemnity and Insurance 7
XI Limitation on Assignment and Transfer 8
XII. Supplemental Operating Routines or Working Practices 9
XIII. Notice 9
Attachment Exhibit A' Drawing No P.U.E.D 77
Revision Level 0, Dated August 8, 1988
2543L
CABLE DUCT USE AGREEMENT
This Cable Duct Use Agreem~ ·made and~entered into e~fec-
rive and operative as of the r/~day of ~, 198~ by
and between the City of Denton, Texas, a Home ~.q~e Municipal
Corporation, hereinafter referred to as "Licensor," and Sammons
Communications, Inc., a Texas Corporation, hereinafter referred to
as "Licensee,"
WITNESSETH
WHEREAS, Licensee is ~ranchised to furnish CATV Service (as
hereinafter defined) to residents of Denton, Texas and is the
assignee of and bound by a certain "CATV POLE LEASE AGREEMENT"
dated the 7th day of May, 1979, between the Lzcensor and Golden
Triangle Communications, which permits the Licensee to attach
equipment necessary to the provision of CATV Service to Lzcensor's
electric utility poles, and
WHEREAS, Licensor has caused poles to be removed and
underground cable duct to be installed for the purpose o f
distribution of electricity in the area of Loop 288 and Stuart
Road and further defined in Exhibit A, Drawing No. P.U.E.D. #77,
Dated August 8, 1988; and
WHEREAS, Licensor has dedicated a duct within Licensor's
System of Ducts to be used for CATV Service to subscribers in said
area and is willing to permit, to the extent it may lawfully do
so, the use of said duct by Licensee where, in Licensor's
0udgment, such use will not interfere with its own service
requirements or, as it may be advised, the service requirements of
the Joint Users, present or future, including consideration of
economy and safety.
NOW, THEREFORE, in consideration of the mutual covenants,
terms and conditions herein contained, the parties hereto do
mutually covenant and agree as follows
ARTICLE I.
DEFINITIONS
1. Ail references herein to "Licensor's Duct" or "Licensor's
System of Ducts" or "Licensor's Duct System" shall mean duct
and related appurtenances solely owned by the Licensor, jointly
owned by Licensor, or duct rented or obtained through other
arrangements by Licensor from another owner
2 Ail references herein to "Joint User" shall mean (1) a
company or municipality which together with Licensor has a
percentage ownership in a duct or system of ducts, (2) a public
utility company or municipality which has use przvileges for
Licensor's duct, or (3) a public utility company which owns
duct for which Licensor has use privileges
3. Ail references herein to "CATV Service" shall mean all
services provided by Sammons Communicatzons as defined in zts
franchise agreement with the City of Denton
4. Ail references herein to "Licensee's Cable" shall mean
the coaxial cable or Cables and associated jozning fittings
used as the transmission media for CATV Service
5. Ail reference herein to "Licensee's Equipment" shall
refer to amplifiers, power supplies and other similar support
equipment that is not suitable for inclusion in duct system
manholes, vaults, junction boxes and pull boxes.
ARTICLE II.
SCOPE OF AGREEMENT
1. Licensor hereby agrees to license and permit Licensee to
route Licensee's Cable, for the primary purpose of furnishing
CATV Service in accordance with its franchise, within the area
of the intersection of Loop 288 and Stuart Road, and further
defzned by Exhibit A, to such of Licensor's Duct System of as
are, in the Judgment of the Licensor, suitable and available
for such cable, subject to conditions and limitations contained
herein.
2. Licensee agrees that only cable shall be routed through
Licensor's Duct that Licensee shall install Licensee's
Equipment in above ground locations
3 Licensee agrees that this Agreement extends only to the
use of the Licensor's Duct System as defined on Exhibit A, and
that Licensee agrees to secure and maintain from the proper
franchising authority, a franchise to erect and maintain its
equipment within public streets, highways and other thorough-
fares provided such franchising authority exists, and shall
secure any and all consents, permits or licenses that may be
required by law for its operations.
4. Licensee agrees to assist in and bear the expense of
securing any consents, permits or licenses that may be required
by Licensor by reason of this Agreement
PAGE 2
ARTICLE III
APPLICATION FOR PERMISSION TO INSTALL CABLE
1 At least thzrty (30) days prior to the time Licensee
desires to install cable in Licensor's Duct System, it shall
make written application to Licensor Licensor shall review
Licensee's application and upon approval, shall supply Licensee
written approval to proceed with installation
2. Upon receiving such written approval but not sooner,
Licensee shall have the right, suboect to Article IV herein, to
install, maintain and use Licensee's Cable descrzbed in said
application in ducts identified therein, provided that Licensee
shall complete each installation within one (1) year irom date
of said approved application, provided however, that before
commencing any such installation, Licensee shall notify
Licensor at least five days in advance of the time when it
proposes to do such work and, in the event Licensor elects to
have its representative present, Licensee shall reimburse
Licensor for the cost and expense thereof
3. Where costs are involved in the rearrangement of
Licensor's Duct or other facilities to accommodate Licensee's
Cable, the Licensor shall notify Licensee of these estimated
costs and Licensee shall notify the Licensor in writing that
actual costs will be paid by Licensee to effect such rearrange-
ment. Licensor shall then make said changes and rearrangements,
at Licensee's sole risk and expense, and upon completion shall
notify the Licensee that installation of cable may proceed.
4 Licensee shall not have the right to place, nor shall it
place, any of Licensee's Equipment mn Licensor's System of
Ducts, and shall install only the Licensee's Cable and fitting
required for its termination and assembly or connection within
the duct system. Licensee's Equipment necessary for the ~ull
operation of and delivery of CATV Service shall be constructed,
housed, or mounted external to Licensor's System of Ducts
5. Licensee shall not change the position of any cable
routed through Licensor's Duct System without Lzcensor's prior
written approval. The provisions of this Article shall not
restrict the attachment of service drops from Licensee's Cable
installed in the Licensor's System of ducts.
PAGE 3
ARTICLE IV
SPECIFICATIONS
1. Licensee, at its own cost and expense, shall construct~
maintain and replace Licensee's Cable in accordance with
such requirements and specifications as Licensor shall from
time to time prescribe, (ii) in compliance with any rules or
orders now in effect or that hereafter may be issued by a
regulatory Commission or other authority having jurisdzction,
and (iii} the requirements and specifications of the National
Electrical Safety Code, 1987 Edition, and any subsequent
amendments or revisions of said specifications or code
ARTICLE V.
INSTALLATION AND MAINTENANCE OF CABLE AND DUCT
1 Upon written notice from Licensor, Licensee shall, within
thirty (30) days of receipt of such notice, relocate or replace
Licensee's Cable or transfer the same to a substitute duct
system or perform any other work in connection with said Cable
that may be requested by Licensor, at Licensee's sole risk and
expense, provided, however, that in cases of emergency, Licensor
may, at Licensee's sole risk and expense, arrange to relocate
or replace the Licensee's Cable, transfer said Cable to a sub-
stitute duct system or perform any other work in connection
with said Cable that may be required in the maintenance,
replacement, removal or relocation of said duct system, for the
service needs of Licensor.
2. No additions to, or change of locations of Licensee's
Cable in Licensor's Duct System shall be undertaken without the
prior written consent of Licensor~ except in cases of emergency,
when Licensee must obtain oral permission from Licensor's
authorized representative~ presently designated as the City of
Denton, Director of Utilities and subsequently coniirmed in
writing.
3. Licensee shall, at its sole risk and expense, maintain
all of Licensee's Cable in Licensor's Duct System in safe
condition and thorough repair. Licensor or its agents shall be
sole Judge of suitability of such condition and repair.
4. Licensor reserves to itself, its successors and assigns
the right to maintain Licensor's Duct System and to operate its
facilities therein in such manner as will best enable it to
fulfill its public service requirements. Licensor or the Joint
Users will make every reasonable effort to prevent interruption
to the service of the Licensee but shall not be liable to
PAGE 4
Licensee for any interruption to the service of Licensee or for
interference with the operation of the Licensee's Equipment.
5. Nothing in this Agreement shall be construed to obligate
Licensor to grant Licensee permission to use any particular duct
and Licensor at its discretion may revoke permission therefore
granted to Licensee with respect to any particular duct
Licensor can make a substitute duct system available. If such
permission is refused, Licensee is free to make any other
arrangement not prohibited under the terms of this Agreement it
may wish to provide for Licensee's Cable at the location in
question.
6. Whenever, pursuant to the provisions of this Agreement,
Licensee shall be required to remove Licensee's Cable from any
duct, such removal shall be made, except as otherwise specifi-
cally provided, within thirty (30) days following the giving of
notice to Licensee to so remove. Upon failure of Licensee to
remove Licensee's Cable within such thirty (30) days or as
otherwise required, Licensor may remove Licensee's Cable and
charge all costs associated with said removal to Licensee.
ARTICLE VI.
RIGHTS-OF WAY, LEGAL AUTHORITY AND DEFAULT
1. In the event any such franchise, license, permit or
consent necessary for the lawful provision o f CATV Service is
revoked or is hereafter denied to Licensee ior any reason,
permission to route Licensee's Cable through Licensor's Duct
System shall immediately terminate, Licensee shall, wzthin a
reasonable time, remove Licensee's Cable from Licensor's Duct
system and Licensor, at its option, may forthwith terminate
this Agreement.
2. Upon notice from Licensor to Licensee that the cessation
of the use of any duct system has been requested or directed by
Federal, state or municipal authorities, permission to route
Cable through such duct system shall immediately terminate and
Licensee shall forthwith remove Licensee's Cable therefrom.
3. If Licensee shall fail to comply with any of the
provisions of this Agreement, including the specification
heretofore referred to, or defaults in any of its obligations
under this Agreement, and shall fail within thirty (30) days
after written notice from Licensor to correct such default or
noncompliance, Licensor may, at its option
PAGE 5
a) forthwith terminate this Agreement in its entirety,
b) at its election, revoke the permit covering the duct
or ducts involved in such default or noncompliance,
or~
c) at Licensor's option, obtain service of an attorney
to institute suit of other Judiczal proceeding to
remedy any default by Licensee in zts performance of
the covenants, terms and conditions of this Agreement.
Licensee expressly agrees that it shall pay reasonable
attorney's fees and expenses of such legal counsel.
ARTICLE VII
FEES
1. For the privilege of placing and maintaining Licensee's
Cable in Licensor's Duct System as shown on Exhibit A. Licensee
shall pay an initial fee of $2,000, and the sum of ~10.00 per
year for the next fourteen (14) years, due and payable on
October 1, of each year.
2. No additional fees will be paid by Licensee during the
term of this Agreement except as provided elsewhere herein.
3. Payment of the $2,000 fee shall be made within thirty
(30) days of the execution of this agreement. Failure to pay
such amount when due shall constitute a default under this
Agreement.
ARTICLE VIII.
TERM AND TERMINATION OF AGREEMENT
1. This agreement, if not previously terminated in accord-
ance with the provisions hereof, shall continue in effect for a
term of fifteen (15) years and thereafter until terminated as
provided herein. The Agreement may be terminated at the end of
said term or at any time thereafter by either party giving to
the other party at least (90) days written notice. Upon
termination of the agreement, Licensee shall remove Licensee's
Cable for the Licensor's Duct System withzn thirty (30) days of
the effective termination date.
2. Licensee may at any time remove Licensee's Cable from
Licensor's Duct System but shall immediately give Lzcensor
written notice of intent of such removal and Licensee's intent
PAGE 6
to terminate this Agreement. No credzt or refund of any fee
shall be allowed Licensee on account of such removal.
3. This Agreement shall be subject to termination by Licensor
without notice, or, where circumstances permit, upon five (5) days
written notice to Licensee, upon objection bezng made by or on
behalf of any governmental authority asserting prior Jurisdictions
thereof.
ARTICLE IX.
FORCE MAJEURE
If either party is rendered unable, wholly or in part, by
force majeure or other causes herein specified, to carry out its
obligations under this Agreement, other than the obligation to
make payment of amounts due hereunder, it is agreed that on such
party's giving notice and reasonable full particulars of such
force majeure in writing to the other party within a reasonable
time after the occurrence of the cause relied on, then the
obligations of the party giving such notice, so far as they are
affected by such force majeure or the causes herein specified,
shall be suspended during the continuance of any inabzlity so
caused, but for no longer period, and such cause shall so far as
possible be remedied with all reasonable dispatch.
For purposes of this Article, force majeure means any cause
or event not reasonably within the control of either party,
including without limitation the following acts of God, strikes,
lockouts, orders of any kind of the government of the United
States or of the State of Texas or of any of their departments,
agencies or officials, or civil or military authorities,
insurrections; civil disturbances, epidermis, landslides,
lightning, earthquakes, fires, hurricanes, tornadoes, storms,
typhoons, cyclones, waterspouts, floods, washouts, arrests,
restraints of government and people, explosions, breakage or
accident to machinery and transmission lines or poles.
ARTICLE X.
INDEMNITY AND INSURANCE
1. Licensee shall indemnify, protect and hold harmless
Licensor and other Joint Users of said duct system from and
against any and all loss, costs, claims, demands, damage and/or
expense arising out of any demand, claim, suit or Judgment for
damages to property and injury to or death of persons, including
the officers, agents and employees of either party hereto and
other Joint Users of said duct system, including payment made
PAGE 7
under any Workers' Compensation law and under any plan for
employees' disability and death benefits, which may arise out of
or be caused by the erection, maintenance, presence, use or
removal of Licensee's Cables or by the proximity of the respective
cables, wires, apparatus and appliances of the parties hereto or
other Joint Users of said duct system, or arising out of an act
or omission of alleged act or omisszon of Licensee, including any
claims and demands of customers of Licensee. Licensee expressly
agrees that Licensor shall not be liable in any manner for any
damage caused by Licensor to any of Licensee's equipment that is
the subject of this agreement.
2. Licensee shall carry insurance, at its sole cost and
expense, to protect the parties hereto and other Joint '~sers of
said duct system from and against any and all such claims and
demands and from and against any and all actions, Judgments,
costs, expenses and liability of every name and nature which may
arise or result, directly or indirectly, from or by reason of the
acts or omissions of Licensee hereunder and zrrespective of any
fault, failure, negligence or alleged negligence in the part of
Licensor or of any or the Joint users of said duct system The
minimum amounts of such insurance are set out zn Section 27-58 of
Ordinance No. 78-21 of the City of Denton Ordinances, and the
Licensee will comply with the provisions of that section, and as
the same may be amended. Licensee shall promptly advise the
authorized representative or Licensor of all clazms relating to
damage to property or injury to or death of persons, arising or
alleged to have arisen in any manner by, or directly or indirectly
associated with, the erection, maintenance, presence, use or
removal of Licensee's property.
3. Licensee shall exercise special precautions to avoid
damage to facilities of Licensor and or the Joint Users in said
ducts and hereby assumes all responsibility for any and all loss
for such damage, Licensee shall make an immediate report to
Licensor of the occurrence of any such damage and hereby agrees
to reimburse Licensor for the expense incurred in making repairs
necessitated thereby.
ARTICLE XI
LIMITATION ON ASSIGNMENT AND TRANSFER
1. Licensee shall not assign, transfer or sublet this Agree-
ment, or any of the privileges hereby granted to it, without the
prior written consent of Licensor. Provided, however, that
Licensor's consent shall not be required to place a mortgage or
lien upon the facilities of Licensee for the purpose of financ-
ing the installation, improvement, maintenance or extension of
its system.
PAGE 8
2. No use, however extended, of Licensor's Duct System under
this Agreement shall create or vest in Licensee any ownership
of property right in Licensor's Duct System, but Licensee's
rights therein shall be and remain nothing more than a License.
Nothing herein contained shall be construed to compel Licensor
to maintain any of its duct system for a period longer than
that demanded by its own service requirements.
3. Nothing herein contained shall be construed as affecting
the rights or privileges previously conferred by Licensor to
others, by contract or otherwise, to use any ducts covered by
this Agreement, and Licensor shall have the right to continue
to extend such rights or privileges, the use privileges granted
hereunder shall at all times be subject to such contracts and
arrangements and nothing contained herein shall be construed as
affecting the right of Licensor to grant use privileges to such
other parties as it may desire to do so
4. Failure to enforce or insist upon compliance with any of
the terms or conditions of this Agreement shall not constitute
a general waiver or relinquishment of any such terms or condi-
tions, but the same shall be and remain at all times in full
force and effect.
5. Subject to the provisions of paragraph 1 of this Article,
this Agreement shall extend to and bind the successors and
assigns of the parties hereto.
6. Nothing contained herein shall be construed as affecting
the rights conferred or exercised by the parties under present
or future governmental authority or regulation.
ARTICLE XII.
SUPPLEMENTAL OPERATING ROUTINES OR WORKING PRACTICES
1. Nothing in the foregoing shall preclude the parties to
this Agreement from preparing such supplemental operating
routines or working practices as they may mutually agree to in
writing to be necessary or desirable to efiectzvely administer
the provisions of this Agreement.
ARTICLE XIII.
NOTICE
1. Any notice provided in this Agreement to be given by
either party hereto to the other shall be deemed to have been
duly given when made in writing and deposited in the United
States Mail, postage prepaid, addressed as follows
PAGE 9
TO LICENSEE TO LICENSOR
Sammons Communications, Inc. City of Denton
205 Industrial Attn Dzrector of Utilities
Denton, Texas 76201 215 East McKinney
Denton, Texas 76201
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be duly executed as of the day and year first
above written.
CITY OF DENTON, TEXAS, LICENSOR
ATTEST.
%pRNIFER~ALTERS, CITY SECRETARY
OVED AS TO LEGAL FORM'
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
SAMMONS COMMUNICATIONS, INC. ,
LICENSEE
ATTEST:
PAGE 10
Ordinance
~ESOLUTION I~ AFPRECIAT~ON OF
~fflEREAS, ~. W. "Dfck" Klein is retiring after 22 years of
dedicated service to the City of Denton since his employment on
July 1, 1967, and
WHEREAS, during his career with the City, W. W. "Dick" Klein
has consistently maintained an attitude of cooperation with and
dedication to the stated goals of the Utilities, Electric
Production Department of the City of Denton, and
WHEREAS, W. W. "Dick" Klein has exhibited outstanding
expertise, dedicating much time and effort in assisting with the
work of the Utilities, Electric Production Department and has
shown great spirit in encouraging community involvement in the
best interests of the citizens of Denton, and
WHEREAS, W. W. "Dick" Klein has always served above and
beyond the mere efficient discharge of his duties and has
responded to his duties in a loyal, trustworthy and extremely
faithful manner, in a spirit of cooperation with his fellow
employees, and in the best interests of the citizens of the
community, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS
SECTION I. That the sincere and warm appreciation of the
City Council be formally conveyed to '~. W. ~Dick' Klein" in a
permanent manner by spreading this resolution upon the official
minutes of the City Council and forwarding to him a true copy
hereof.
PASSED AND APPROVED this 21st day of February, 1989
ATTEST
R ~ALTERS, CITY SECRETARY
D AS TO LEGAL FORM:
J MORRIS, ASSISTANT CITY ATTORNEY
RESOLUTION NO. ~
A RESOLUTION OF THE CITY OF DENTON, TEXAS, DECLARING THAT THE LAND
HEREIN DESCRIBED IS NO LONGER NEEDED BY THE PUBLIC FOR ROAD
PURPOSES AND REQUESTING THAT THE STATE OF TEXAS RELEASE THE LAND
TO THE CITY OF DENTON AT NO COST; AND DECLARING AN EFFECTIVE DATE
WHEREAS, the State of Texas owns and maintains certain land
wlthin the city of Denton as a public road, designated as F.M
2181; and
WHEREAS, the City of Denton has made an independent
determination that a portion of that road, being a curved segment
located adjacent to the intersection of Lilllan Miller Parkway and
Teasley Lane (F.M 2181), as more particularly described herein,
is no longer needed by the public for road purposes; NOW,
THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON.
SECTION I. That the City of Denton, Texas, requests that the
State of Texas release the land described in Exhibit "A", attached
hereto and incorporated by reference, to the City of Denton, Texas,
at no cost to the city.
PASSED AND APPROVED this the~/~ day of ~'., 1989.
ATTEST:
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: ~_.~) ~ ,x-.~.'~
FIELD NOTES
1.256 ACRES
Being all that certain lot, tract, or parcel of land s~tuated
in the C, Poullalier Survey, Abstract Number 1006, and being
out of and a part of those tracts of land conveyed to the State
of Texas by deeds recorded in Volume 400, Page $41 and Volume
400, Page $$4, Deed Records, Denton County, in the City and
County of Denton, Texas, and being more particularly described
as follows~
BEGINNiING at an iron rod found for corner in the south line of
Teasley Lane, a public roadway having a right-of-way of 90.0
feet, and tn the northeast line of Farm-to-Market Road Number
2181, a public roadway having a r~ght-of-way of 90.0 feet, the
existing southwest corner of the intersection o£ sa~d Teasley
Lane and Lillian Miller Parkway, a public roadway having an
existing right-of-way of 80.0 feet, bears south 89° 44' $7"
east, 297.18 feet;
THENCE alonl the arc of a curve to the right, having a central
angle of $1° 15' 56", a radius of 761.20 feet, an arc length
of 414.95 feet, whose chord bears south 45° 32' 37" east to a
point for corner in the proposed west line of said Lillian
Miller Parkway, the proposed right-of-way of said parkway being
90.0 feet;
THENCE south O1o 04' 17" east, 289.64 feet with said proposed
west line of said parkway to a point for corner in the
southwest line of said P.M. road;
THENC~ along the arc of a curve to the left, having a central
angle of 76° 48' $1", a radius of 671.20 feet, an arc length
of 899.79 feet, whose chord bears north 46° 07' $0" west,
8~3.91 feet with said southwest line of said F.M. road, to a
point for corner in said south line of said Teasley Lane;
THENCE south 89o 44' 37" east, $05.19 feet with said south
line of said Teasley Lane to the PLACE OF BEGINNING and
containing 1.256 acres of land.
0535E/$5
2638L
RESOLUTION NO. ~
A RESOLUTION GRANTING APPROVAL TO THE DENTON COUNTY HOUSING
FINANCE CORPORATION FOR THE USE OF ITS SERIES 1989 SINGLE
FAMILY MORTGAGE REVENUE BONDS FOR ACQUIRING HOME MORTGAGES
RELATED TO HOMES WITHIN THE CITY OF DENTON, TEXAS, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the creation of the Denton County Housing Finance
Corporation (the "Corporation"), pursuant to the Texas Housing
Finance Corporations Act (the "Act"), was approved by resolu-
tion of the governing body of Denton County (the "County"),
adopted on the 14th day of January, 1980, to provide a means
of financing the cost of residential ownership and development
that will provide decent, safe, and sanitary housing for
residents of the County at prices they can afford, and
WHEREAS, the Corporation has the power under the Act to
issue its bonds, the aggregate principal amount of which in
any calendar year may not exceed certain limitations set forth
in Section 394.051 o£ the Act and the Internal Revenue Code of
1986, as amended, and
WHEREAS, the Board of Directors of the Corporation has
requested the approval of the governing body of the City of
Denton, Texas ("the City") to acquire home mortgages related
to homes within the City with the proceeds of Corporation's
Series 1989 Single Family Mortgage Revenue Bond zssue (the
"Bonds"), NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I. That the City Council o f the City hereby
grants approval for the Corporation to utilize proceeds of the
Bonds for acquiring home mortgages related to homes within the
City.
SECTION II. That the City Council indicates its desire to
parttdipate in this program by forwarding a copy of this
resolution to the Denton County Planning Department
SECTION III. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the ~/~ day o f ~, 1989
ATTEST:
APPROVED AS TO LEGAL FORM:
DEBRA ADA_MI DRAYOVITCH, CITY ATTORNEY
PAGE 2
2611L
RESOLUTION NO. ~
A RESOLUTION ADOPTING THE BOUNDARIES OF MODERATE ACTIVITY CENTER
NUMBER 78 AS PART OF APPENDIX A OF THE DENTON DEVELOPMENT PLAN,
AMENDING THE INTENSITY PLANNING AREA BOUNDARY MAP, AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Denton Development Plan requires that the
boundaries of the intensity areas to be included zn Appendix A
should be considered by the City Council, and
WHEREAS, the Appendix A Task Force and the Planning and Zoning
Commission considered the boundaries for Moderate Actzvity Center
Number 78 and hereby recommend its adoption as part of Appendix A,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I. That the boundaries for Moderate Activity Center
Number 78, a copy of which is attached hereto, is adopted as part
of Appendix A of the Denton Development Plan.
SECTION II. That the intensity planning area boundary map zs
amended to show the location of Moderate Activity Center Number 78
as adopted and to show the corresponding change zn the boundarzes
of the abutting low intensity planning areas.
SECTION III. That the City Secretary zs hereby directed to
attach a copy of this resolution to Resolution 88-057, which
provides for the adoption of the Denton Development Plan
SECTION IV. That this resolution shall become effective upon
its passage and approval.
PASSED AND APPROVED this the ~day of ~, 1989.
RAY~Y~STST ~
ATTEST
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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2611L
RESOLUTION NO. ~
A RESOLUTION ADOPTING THE BOUNDARIES OF MODERATE ACTIVITY CENTER
NUMBER 76 AS PART OF APPENDIX A OF THE DENTON DEVELOPMENT PLAN,
AMENDING THE INTENSITY PLANNING AREA BOUNDARY MAP, AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Denton Development Plan requires that the
boundaries of the intensity areas to be included in Appendix A
should be considered by the City Council, and
WHEREAS, the Appendix A Task Force and the Planning and Zoning
Commission considered the boundaries for Moderate Activity Center
Number 76 and hereby recommend its adoption as part of Appendix A,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES'
SECTION I. That the boundaries for Moderate Activity Center
Number 76, a copy of which is attached hereto, is adopted as part
of Appendix A of the Denton Development Plan.
SECTION II. That the intensity planning area boundary map is
amended to show the location of Moderate Activity Center Number 76
as adopted and to show the corresponding change in the boundaries
of the abutting low intensity planning areas.
SECTION III. That the City Secretary is hereby directed to
attach a copy of this resolution to Resolution 88-057, which
provides for the adoption of the Denton Development Plan.
SECTION IV. That this resolution shall become effective upon
its passage and approval.
PASSED AND APPROVED this the ~-~day of ~, 1989
RAY ST~Hg'NS, MAYOR
ATTEST
JA~pRIFER~WALTERS, CITY SECRETARY OVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
.~' I..~
'11 I__ ~'0 ' ·
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2642L
RESOLUTION NO. ~_~. '~/~
A RESOLUTION TEMPORARILY CLOSING BELL AVENUE ON APRIL 22-23,
1989, AND DECLARING AN EFFECTIVE DATE
WHEREAS, the Denton Festival Foundation has requested that
Bell Avenue, from its intersection with Industrial Street to its
intersection with East Hickory Street, a public street within the
corporate limits of the City of Denton, Texas be temporarily
closed to public vehicular traffic on April 22, 1989 between the
hours of 8'00 a.m. to 8 00 p.m. and on April 23, 1989 between the
hours of 10.00 a.m. to 7'00 p.m., for the purpose of having the
1989 Spring Fling, and
WHEREAS, the Denton Festival Foundatzon has assured the City
Council that all residents in such block have agreed to the
temporary closing of Bell Avenue, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON
SECTION I. That Bell Avenue, from its intersection with
Industrial Street to its intersection with East Hickory Street, a
public street in the corporate limits of the City of Denton,
Texas, be temporarily closed to vehicular traffic from the hours
of 8 00 a.m. to 8:00 p m. on April 22, 1989 and 10 00 a.m to
7 00 p.m. on April 23, 1989, for the purpose of having the Spring
Fling with the following conditions
1 The Denton Festival Foundatzon will clean up after
the Spring Fling.
SECTION II. That the City Manager shall dzrect the appro-
priate City Department to work with the Denton Festival Foundation
to erect barricades on Bell Avenue, from zts intersection with
Industrial Street to its intersection with East Hickory Street,
at 8 00 a.m. on April 22, 1989 and to have the same removed at
8 00 p.m. and 10:00 a.m. on April 23, 1989 and to have the same
removed at 7:00 p.m. on said date. That parking on the east side
of Industrial, from its intersection with Bell Avenue to its
~ntersection with East Hickory, be suspended at 8.00 a.m. on
April 22, 1989 and be resumed at 8.00 p.m. on that date and to be
suspended at 10'00 a.m on April 23, 1989 and to be resumed at
7 00 p.m. on said date
PASSED AND APPROVED this the 7th day of March, 1989
ATTEST
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
PAGE 2
A RESOLUTION TEMPORARILY CLOSING FRY STREET BETWEEN THE INTER-
SECTION OF OAK STREET AND HICKORY STREET ON SUNDAY, APRIL 16, 1989,
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on Sunday, April 16, 1989, the Delta Lodge
sponsoring the Fry Street Fair to be held on Fry Street between the
~ntersection of Oak and Hlckory; and
WHEREAS, all abutting owners of the street have given their
permission to the temporary closing of said street; and
WHEREAS, the Fry Street Fair is open to the general public of
the City and County of Denton; and
WHEREAS, in order to provide adequate space for the said Fry
Street Fair and in order to protect the safety of citizens who
attend, the City Council of the City of Denton deems it
necessary to temporarily close a port~on of Fry Street between Oak
Street and Hickory Street from the hours of 6:00 a.m. until 8:00
p.m. on Sunday, April 16, 1989; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
~ That Fry Street between Oak Street and Hickory
Street shall be temporarily closed as a street or public thorough-
fare of any kind or character whatever on Sunday, April 16, 1989
from 6:00 a.m. untll 8:00 p.m. for the purpose of holding the Delta
Lodge Fry Street Fair provlded, however, that the followlng
cond~tlons are met by the Delta Lodge:
1. The Lodge will provlde someone to help keep the Grace
Temple Baptist Church parking lot clear of non-church
members;
2. That the Lodge will clean up after the Fry Street Fair;
and
3. That no music w~ll be played until 12:15 p.m.
S T O~ That the City Manager shall direct the appro-
priate city Department to erect barricades at Fry Street, from the
Intersection of Oak Street and the ~ntersect~on of Hickory Street,
at 6:00 a.m. on April 16, 1989, and to have the same removed at
8 00 p.m. on said date.
~ That in the event of rain, said street may be
closed on Sunday, April 23, 1989.
~ That this resolution shall take effect and be in
full force and effect from and after the date of its passage.
PASSED AND APPROVED this the 7qw~--'day of March, 1989
ATTEST:
~N~.RT~g~ER~, CITY SECtETmY
APPROVED AS TO ~GAL FO~:
DEB~ A. D~YOVITCH, CITY ATTORNEY
2639L
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
SUPPORTING THE DENTON POLICE DEPARTMENT TRAINING ACADEMY, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Council of the City of Denton desires to support
the Denton Police Department in submitting to the Texas
Commission on Law Enforcement Officer Standards and Education a
request to license a permanent training facility, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I. That the Council of the City of Denton hereby
supports the Denton Police Department Training Academy.
SECTION II. That the Council hereby authorizes and directs
the City Manager, or his designee, to represent and act on behalf
of the City of Denton in working with the Texas Commzssion on Law
Enforcement Officer Standards and Educatzon in obtaining a
license for the Denton Police Department Training Academy
SECTION III. That a copy of this Resolution be forwarded to
the Texas Commission on Law Enforcement Officer Standards and
Education.
SECTION IV. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the ~day of ~, 1989
ATTEST:
J N FER A TERS, SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
RESOLUTION NO. ~--~
A RESOLUTION APPROVING THE GUIDELINES FOR FUNDING AND SELECTING
DEVELOPMENT PLAN CANDIDATE WATER AND SEWER LINES; PROVIDING FOR
THE PROCESS TO BE FOLLOWED IN APPROVING DEVELOPMENT PLAN CANDIDATE
WATER AND SEWER LINES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Denton Development Plan adopted by the City of
Denton contains policies providing for the expenditure of public
funds to encourage balanced growth and economic development; and
WHEREAS, in furtherance of those policies, the 1988-1993
Capital Improvement Plan approved by the city Council proposes to
allocate $500,000.00 each year to fund Development Plan Candidate
Water and Sewer Lines to carry out the balanced growth and economic
policies of the Denton Development Plan; and
WHEREAS, pursuant to the Capital Improvement Plan, for f~scal
year 1988-1989 the city Council appropriated $500,000 for
Development Plan Candidate Water and Sewer Lines; and
WHEREAS, the Public Utilities Board and Planning and Zoning
Commission have considered and recommended adoption of the
Gu~delines for Fundlng and Selecting Development Plan Candidate
Water and Sewer Lines; NOW, THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON'
S_~ That the Guidelines for Funding & Selecting
Development Plan Candidate Water and Sewer Lines, attached hereto
as Docmment I, is approved.
~ That the process for reviewing and approving how
the funds budgeted for Development Plan Candidate Water and Sewer
Lines shall be spent shall be in accordance with the flow chart
shown in Exhibit IV, attached hereto.
PASSED AND APPROVED this the~day of ~, 1989.
ATTEST:
pRI~.~'~TgRS, CITY SECRETARY
OVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
DOCUMENT I
Guidelines for Funding & Selecting Development
Plan Candidate Water and Sewer Lines
Upon annual review and during preparation of the Utility
Department Five Year Capital Improvements Plan, and subsequent
finalization of the Utility Department Operating Budget, and
with the approval of the Public Utilities Board, $500,000 of
Utility Department Capital Improvements funds for the current
year may be dedicated for Denton Development Plan Water and
Sewer Lines, provided such expenditure does not create an undue
hardship on the rate payers of the Utilities and is seen to be
in the best interest of the community.
The $500,000 to be placed in the Utility Department Capital
Improvements Plan for the purpose of the Development Plan Water
and Sewer Lines shall be designated to two (2) primary
purposes. The goal of these funds dedicated to the Denton
Development Plan is to lead growth to certain geographical areas
of the City and to encourage economic development via extension
of water and sewer lines for industrial developments.
The $500,000 designated in the Utility Department Capital
Improvements Plan as "Development Plan Water and Sewer Lines"
(Exhibit III) shall be distributed as follows:
1. $100,000 shall be set aside to service residential and
commercial type development(s), the specific sites shall be
determined and prioritized by the ranking methodology
outlined in Exhibit I, a copy of which is attached hereto
and made a part hereof. Exhibit I shall be reviewed and
approved by the Public Utilities Board on an annual basis
in order to assure that all factors relating to the ranking
of a project reflect current economic and financial
conditions. Other such approvals as may be necessary shall
also be obtained prior to final approval of proposed
development(s).
2. $400,000 shall be set aside for industrial development
purposes. Such funds shall be dedicated when an actual
prospect is available and after such development has been
analyzed using criteria for evaluating industrial
development infrastructure assistance programs as outlined
in Exhibit II attached herewith. If an industrial prospect
does not materialize within the first six (6) months of the
fiscal year, the funds may be redirected to either
industrial site candidate lines or residential/commercial
development plan lines after review and recommendation by
the Public Utilities Board and approval by the City Council.
3. The Executive Director of Finance of the City will assure
that funds are encumbered for "dedicated" projects and
transferred forward into the next fiscal year.
Unspent and unencumbered Development Plan Water and Sewer
Line funds may not be carried forward to a future year.
6325U 3-4
EXHIBIT I
Criteria for Ranking Balanced Growth Utility Lines
Residential/Commercial Candidates
Introduction
This ranking system has been designed to prioritize the list of
residential and commercial development plan candidates for the
Utility Capital Improvement Plan's designated "Development Plan
Water and Sewer Lines". It is recognized that the development
potentials considered by this ranking system may change from year to
year as physical developments progress in specific areas. It shall
be necessary, therefore, to review the ranking of projects on an
annual basis to take into consideration changing circumstances.
1. Deve]opment Potential in the Short Term
Access by improved thoroughfare 1-6'
No ~nnouncements
Zoning but no plats
Access by improved thoroughfare 7-13'*
Announcements
Zoning but no plats
Access by improved thoroughfare 14-20'**
Announcements
Zoning
Plats
*Developer has not made an announcement for developing his
property and has not platted for development. Thoroughfare and
zoning, however, do exist.
**Developer has announced to the City Staff his intention to
develop and to follow up with platting. Thoroughfare and zoning,
however, do exist.
***Developer has announced and platted his development to the
City Staff; thoroughfare and zoning do exist.
2. Economic Benefits to the Cit~
Residential Multi-family 1-5
Residential Single Family 6-10
Commercial/Retail ll-l$
Mixed Uses/Offices 16-20
EXHIBIT I (cont'd)
3. Balanced Growth
South and Southeast 0-4
Northeast 5-9
East lO-14
Nor:nwest 15-18
West 19-20
4. Compact Growth
Development less than:
200 feet away from existing utility lines
201-400 feet away from existing utility lines
401-600 feet away from existing utility lines l0
601-1000 feet away from existing utility lines 04
1000-2000 feet away from existing utility lines 1
over 2000 feet away from existing utility lines 0
5. Healthr Safet~ & Environmental Considerations
Related Circumstances: (scores range from 1-gO depending upon
circumstances)
6. Engineering Concerns
Regulatory requirements O-10
Provides off-site service to existing development 0-5
Provides off-site service to undeveloped areas 0-5
Improves system performance 0-5
7. Demand divided b~ Cost Ratio (Use demand points derived by
calclulatlons)
a. Water Demand'
(1) Residential Uses
Demand = 165 GPCD x HHS x # Units x 365 d/y
where GPCD = gallons per capita per day
or also called gallons per person per day
HHS = Household size (SF=2.7 MF-1.7)
d/y a days per year
(2) Non-Residential Uses
Demand = GPCO x # persons x 365 d/y based on the type of
establishment. The following list has been adopted from
the Texas Department of Health'
EXHIBIT I (cont'd)
Type of Establishment Gallons per Capita per Day (GPCD)
Restaurants ....................... 18
Schools w/o cafeterias, gym or ~J~:... 18
Schools w/cafeterias, no gym or showers... 24
Schools w/cafeterias, gym and showers ..... 30
Office Buildings .......................... 18
Hospitals ............................... 240
Institutions (other than hospitals) ....... 120
Factories (g/p/shift, exclusive of ....... 24
industrial wastes)
Parks w/o bathhouses ...................... 6
Swimming pools & bathhouses ............... 12
Country Clubs (per resident member) ....... 120
Drive-In theatres (per car space) ......... 6
Movie Theatres (per auditorium seat) ...... 6
Airports (per passenger) .................. 6
Laundries-Self Service (gals/wash/customer) 60
Stores (total per day per washroom) ....... 480
Service stations (per vehicle served) ..... 12
b. Wastewater Flows:
(1) Residential Uses
Flow ~ 132 GPCD x HHS x # of Units x 365 d/y
where GPCD - gallons per capita per day
or also called gallons per person per day
HHS ~ Household size (SF~2.7 MF-1.7)
d/y ~ days per year
(2) Non-Residential Uses
Flows ~ GPCD x # persons x 365 d/y based on the type of
establishment. The following list has been adopted from
the Texas Department of Health:
Type of Establishment Gallons per Capita per Day (GPCD)
Restaurants (per meal) ................... 5
Schools w/cafeterias, no showers ........ 15
Schools w/cafeterias and showers ........ 20
Recreational Parks, overnight user ...... 30
Recreational Parks, day user ............ 5
Office Buildings/Factories .............. 20
Motels ................................... 50
Hospital (per bed) ....................... 200
Nursing Home (per bed) .................... 100
8. Cos:
These costs are for costs of water and/or sanitary sewer lines
only to tie in to closest applicable city service lines and
running across one side of subject development.
EXHIBIT I (cont'd)
g. Subtotal Points (Add Columns 1-7)
lO. Priorities Before Pro Rata Surve~
Based on points only, give first priority to highest points,
second priority to next highest points, etc
ll. Priorities After Pro Rata Surve~
When list of development plan candidates water and sanitary
sewer lines are prioritized before pro rata survey, take those
projects totaling numbers of dollars available and survey
propert~ owners for willingness to pay pro rata upon compl-~rton
of construction. Give one (1) point for each owner willing to
sign a pro rata payment contract. Re-total points and re-assign
priorities.
TOTAL POINTS
Re-assign priorities by new summation of points.
6325U.5-8
£XNIBIT II
Industrta] Development Infrastructure
Assistance Study
Financial analysis of industrial prospects for infrastructure
investment.
a. Formula
NET CASH FLOW = BENEFITS INFRASTRUCTURE AND/OR
CAPACITY RELATED COSTS
Where the computation of BENEFITS is determined as follows
Total Payroll
o Less commuters income
o Less all non-local taxes
o Plus tax revenue from Plant
o Plus net revenue for Electric, Water and Sanitary Sewer
o Times multiplier
Equals ESTIMATEO TOTAL ANNUAL BENEFITS
b. Variable
o Number of employees
o Value of plant
o Local property tax rate
o Income multiplier
o Individual taxes
c. Assumption
Additional costs to serve demands of citizens for public
services are less than or equal to tax revenue received
from these individuals.
6325U:9
EXHIBIT III
Criteria for Ranking Economic Development
Utility Lines
Introduction
This ranking system has been designed to prioritize the list of
Industrial Development Plan candidates for the Utility Capital
Improvement Plan's designated "Development Plan Water and Sewer
Lines". It is recognized that the development potentials considered
by this ranking system may change from year to year as physical
developments progress in specific areas. It shall be necessary,
therefore, to review the ranking of projects on an annual basis to
take into consideration changing circumstances.
1. Development Potential in the Short Term Points
Access by improved thoroughfare 1-6'
No announcements
Zoning but no plats
Access by improved thoroughfare 7-13'*
Announcements
Zoning but no plats
Access by improved thoroughfare 14-20'**
Announcements
Zoning
Plats
*Developer has not made an announcement for developing his
property and has not platted for development. Thoroughfare and
zoning, however, do exist.
**Developer has announced to the City Staff his intention to
develop and to follow up with platting. Thoroughfare and zoning,
however, do exist.
***Developer has announced and platted his development to the
City Staff; thoroughfare and zoning do exist.
2. Size of Industrial Area to be Developed Points
More than 300 Acres 20
200 300 Acres 15
100 200 Acres l0
Less than 100 Acres 5
3. Balanced Growth Points
South and Southeast 0-4
Northeast 5-9
East lO-14
Northwest 15-18
West lg-20
4. Indu)trial Site Owner Commitment
a. Time Frame for Development
Less than 1 year l0
2 to 5 years 5
More than 5 years 0
b. Activity
Ownership of property l0
Marketing of property 2-6
c. Investment of Infrastructure 5-10
5. Compact Growth
Development less than'
200 feet away from existing utility lines 20
201-400 feet away from existing utility lines 15
401-600 feet away from existing utility l~nes l0
601-1000 feet away from existing utility lines 04
1000-2000 feet away from existing utility lines 1
over 2000 feet away from existing utility lines 0
6. Heal:th~ Safety & Equipment Consideration
Relalted Considerations: (Scores range from 1-20 depending upon
circumstances such as pollutant versus clean non-pollutant
indulstry, light versus heavy industry, healthy versus unhealthy
work environment, etc.)
7. Engineering Concerns
Regullatory requirements O-10
PrOVlides off-site service to existing development 0-$
Provides off-site service to undeveloped areas 0-5
Improves system performance 0-5
8. Demand Divided b~ Cost Ratio (Use demand points derived by
calculations)
a. Water Demand:
Demand ~ GPCD x # employees x 36B d/y based on the type of
industry. Generally this will be 25 GPCD for a
non-pollutant industry. The GPCD should, however, be
verified from each industry.
b. Wastewater Flows:
Flows ~ GPCD x # employees x 365 d/y based on the type of
industry. Generally this will be 22 GPCD for a
non-pollutant industry. The GPCD should, however, be
verified from each industry.
9. Cost
These costs are for costs of water and/or sanitary sewer lines
only to tie in to closest applicable city service lines and
running across one side of subject development.
10. Sub~otal Points (Add Columns 1-7)
11. Prtqrtttes before Pro Rata Surve~
Based on points only, give first priority to highest points,
second priority to next highest points, etc.
12. Priorities after Pro Rata Surve~
When list of development plan industrial candidates water and
sanitary sewer lines are prioritized before pro rata survey,
take those projects totaltng numbers of dollars available and
survey property owners for willingness to pay pro rata upon
completion of construction. Give one (1) point for each owner
willing to sign a pro rata payment contract. Re-total points
and re-assign priorities.
TOTAL POINTS
Re-assign priorities by new summation of points.
6325U:10-12
£XHISIT IV
Flow Chart Approval Process for
Development Plan Water and Sewer Lines
PUBLIC HEARING
CIP Projects Including Development
Plan Lines for
1. Residential/Commercial Sites
2. Industrial Sites
3. Industrial Development Infra-
structure Assistance Program
I
I
)UTILITY PLANNING & ECONOMIC DEVELOPMENTI
ISTAFF to Review Residential/Commercial
)and Industrial Site Candidates and i
Iprioritize according to ranking
Icriteria.
I
I
IPUB REVIEW AND RECOMMEND LINES to i
)P&Z in context of CIP document.
I
I
IP&Z REVIEW and Recommend Lines to
ICtty Council in context of CIP
Idocument.
i
1
)CITY COUNCIL TO REVIEW AND APPROVE developmentl
IPlan Lines for res/com sites and ~ndustrial I
Isite alternatives plus the guidelines for
lindustrial development infrastructure assis-
Itance program alternatives. I
IOCTOBER 1-EACH YEAR: Funds madel )OCTOBER 1-EACH YEAR. Staffl
lavailable for Industrial Dev. i Itakes action to construct
IInfrastructure Assist. Program I Iresidential/commercial
IFunds to be held for 6 months on) Idevelopment plan lines.
lactual candidates. I
i
i
APRIL 1: If funds have not been used
by Industrial Dev. Infrastructure
Assist. Program alternative funds,
may be redirected to industrial site
candidate lines or res/com development
plan lines after being brought to PUB
and P&Z for recommendation on
allocation. PUB and P&Z then makes
recommendation to Cit~ Council.
6325U:13
A RESOLUTION APPROVING THE FUNDING OF PLAN CANDIDATE WATER AND
SEWER LINES TO SERVE PROPERTY TO BE DEVELOPED BY TRIANGLE PLASTICS,
INC., IN ACCORDANCE WITH THE APPROVED GUIDELINES FOR FUNDING AND
SELECTING DEVELOPMENT PLAN CANDIDATE WATER AND SEWER LINES,
PROVIDING FOR THE WAIVER OF PRO RATA CHARGES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Triangle Plastics, Inc. is proposing to construct a
manufacturing plant within the city of Denton and has requested
that the City grant incentives to it in accordance with the
economic development policies of the Denton Development Plan;
WHEREAS, the city Council has adopted Guidelines for Funding
and Selecting Development Plan Candidate Water and Sewer Lines to
carry out the balanced growth and economic development policies of
the Denton Development Plan; and
WHEREAS, the Public Utilities Board and Planning and Zoning
Commission have considered and recommended that the request for
City funding of sewer and water lines to serve Triangle's plant
site and the waiver of pro rata charges for connections made to
such lines be granted; and
WHEREAS, the City Council has determined that the request by
Triangle Plastics meets the requirements and qualifications of the
Guidelines for providing industrial development infrastructure
assistance; NOW, THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON:
~ That the request of Triangle Plastics, Inc. for
City funding of a water and sewer line to serve its property to be
developed as a manufacturing plant, is approved to the following
extent:
(A) To serve Triangle Plastics' proposed plant site, the city
of Denton will extend, at 1ts cost, an eight inch (8")
water line approximately one thousand two hundred and
twenty feet (1220'), as shown on the Water Site Plan,
attached hereto and incorporated by reference.
(B) To serve Triangle Plastic's proposed plant site, the City
of Denton will extend, at its cost, an eight inch (8")
sewer line extending approximately e~ght hundred and ten
feet (810'), as shown on the Sewer Site Plan, attached
hereto and ~ncorporated by reference.
~ That, as permitted by the Denton Development
Code, Triangle Plastics, Inc. shall be entitled to a waiver of the
payment of water and sewer pro rata charges for connecting to the
lines herein authorized to be constructed, if, at the time of the
requested connection, the lot to be served is being or has been
developed by Triangle Plastics for the particular use for which
industrial development infrastructure assistance has been approved.
. I~~ That the cost of funding the water and sewer
lines herein approved shall be paid from the funds currently
budgeted for industrial development purposes.
PASSED AND APPROVED this th.~/~ day of ~, 1989.
ATTEST:
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
89-117~
2628L
RESOLUTION NO
A RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE APPLICATION
WITH THE TEXAS WATER COMMISSION FOR, AND TO TAKE SUCH OTHER
ACTIONS AS ARE NECESSARY TO OBTAIN AUTHORIZATION UNDER STATE
LAW TO USE WATER FROM LAKE RAY ROBERTS AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Denton is the owner of Certificate of
Ad3udication No. 08-2335 issued by the Texas Water Commission
authorizing the storage of 207,896 acre-feet of water in Lake
Ray Roberts, and the diversion of same per annum for municipal
and domestic use, and
WHEREAS, Lake Ray Roberts and the dam creating it are owned
by the United States of America and operated by the Corps of
Engineers, and
WHEREAS, the Corps of Engineers has consented to the
installation and operation by the City of Denton of
hydroelectric facilities in the dam, and
WHEREAS, the City of Denton has obtained License No. 3939
from the Federal Energy Regulatory Commission authorizing the
City to install and operate hydroelectric facilities in Lake
Ray Roberts dam, and
WHEREAS, it has been determined that the installation and
operation of hydroelectric facilities at the Lake Ray Roberts
dam is in the best interest of the City of Denton, and
WHEREAS, State law requires authorization from the Texas
Water Commission for the use o f water for hydroelectric power
generation, NOW, THEREFORE,
BE ET RESOLVED BY THE COUNCIL OF THE CITY OF DENTON
SECTION I. That Lloyd V. Harrell, City Manager, is
authorized by the City of Denton to fzle application with the
Texas Water Commission for, and to take such other actions as
are necessary to obtain authorization under State law to use
water from Lake Ray Roberts for the generation of hydroelectric
power and purposes incidental thereto
SECTION II. That this resolution shall become effectzve
immediately upon its passage and approval.
PASSED AND APPROVED this th~/~ day of ~~____, 1989
ATTEST'
APPROVED AS TO LEGAL FORM.
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
TEXAS WATER COMMISSION
P. O. BOX 13087
Austin, Texas 78711-3087
APPLICATION FOR AMENDMENT TO
CERTIFICATE OF ADJUDICATION NO. 08-2335
(Section 11.121, Texas Water Code)
1 PERSONAL DATA OF APPLICANT:
A. Name: City of Denton
B. Mailing Address: 215 East McKmney, Denton, Texas 76201
C. Tale. Nos.: Office (817) 566-8230; After 5 p m (817) 566-8250
D. Social Security or Federal ID No: N/A
2 DAM, RESERVOIR AND WATERCOURSE DATA:
A. Type of Storage Reservoir: ex~$ting on channel reservoir as
authorized by Certificate of Adjudication Number 08-2335
B. Structure/Direct Diversion:
1. Watercourse: Elm Fork, Tnmty River
2. Basin: Tnnlty R~ver Basin
3. Reservoir: Lake Ray Roberts
4. County: Denton
C. Reservoir: See Certificate of Adjudication No 08-2335
D, U.S, Soil Coneervatlon Service Structure: N/A
E. Drainage Area: N/A
3. APPROPRIATION REQUEST:
A. Appropriated water will be used as follows:
1. Purpose: Hydroelectnc power generation
2. Place of Use: Outlet works and [stilling basin]
3. Acre-Feet per annum: 235,338
4. Comment: Water appropriated under th~s cerbflcate
amendment will be released by the U S Army Corps of
Engineers through the Iow flow outlet of Ray Roberts dam
for nonconsumptive, hydroelectric power generabon
Certificate of Adjudication No 08-2335 authorizes
appropriation of 207,896 acrs-feet by the City of Denton
and Certificate of Adjudication No 08-2455, as amended
authorizes an annual appropriation of 591,704 acre-feet by
the City of Dallas, both from Lake Ray Roberts. To the
applicant's knowledge, there are no outstanding
hydroelectric nghts on any of the water nghts mprssented
by these two certificates The requested appropriation of
235,338 acre-feet corresponds to the maximum capac;ty of
the turbine planned for ~nstallat~on by apphcant The
proposed installation and use of the generating fac~ht~es will
not necessitate any modification of permitted maximum
release rates
B. Diversion:
1. Looetlon of point of diversion 43° N · 29° W
(bearing) 1,987 feet (distance) from the southeast
corner of Martha Langston Original Survey No. N/A,
Abstract No 739, Denton County, Texas.
2. Location from nearby town: See Certificate of
Adjud;cat~on No 08-2335
3. The diversion will be: from an exmt;ng on-channel
reservoir
4. Rate of Diversion:
a. Maximum: 129,111 gpm
b. Diversion facility:
1. Number of turbines: 1
2. Type of turbine:
3. Turbine capacity: 145870.08 gpm
(325 cfa)
5. Comment: Exh~b,t F-1 of the C~ty of Denton's application
to the Federal Energy Regulatory Comm~sslon (FERC) for a
l~cense for a M~nor Water Power Project ~s attached to ~llustrate the
location and d~stance of the proposed d~vers~on Low-flow
releases from Lake Ray Roberts are presently passed through
a 5-foot d~ameter steel pipe, and discharged through the Iow-flow
outlet portal Addition of the proposed turbine for hydroelectric
development w~ll entail the connection of a 5-foot d~ameter welded
steel pipe to the blind flange b~furcation on the Iow-flow condu~t A
175-foot section of the 5-foot d~ameter steel p~pe will be connected
to the turbine, located about 30 feet from the side of the [planned
stilling baeln]
The proposed Lake Ray Roberts Hydroelectric Project will include
one horizontal-shaft propeller turbine with a discharge capacity of
approximately 325 cubic feet per second (cfs) When reservoir
release rates must exceed turbine discharge capacity, water can
be s~multaneously passed through the hydraulic turbine and the
ex~stmg Iow-flow outlet portal
C. Return water or Return Flow:
1. Water which la diverted but not consumed as a
result of the above stated use will be returned to Elm
Fork, tributary of Trinity R~ver, tributary of Tnn~ty RIver,
Basin. [Point out no water will be used].
2. Comment: A tailrace w~ll extend about 100 feet
downstream from the turbine draft tube, running parallel to the
[stilling basin], to the Elm Fork of the Trinity River [Add
environmental statement]
D. Surplus Water: N/A
4. GENERAL INFORMATION:
A. The proposed works will be located on the land of the
United States managed by the U S Army Corps of Engineers,
whose mailing address la P.O Box 17300, Fort Worth, Texas,
76102
B. Irrigation: N/A
C. If the application for the appropriation Is granted In
whole or In part, construction works will be begun by
March 20, 1989. The proposed work will be completed
within two years of the date of Issuance of the
amendment.
D. A Conservation Plan la
E. (1) Inter-watershed transfer: N/A
(2) Transbasln Diversion: N/A
5. Maps, plats, plans, and drawing accompany this application
as required by applicable TAC Sections.
6. Multiple dams and reservoirs, diversion points, return points,
etc.: N/^
See attached Resolution
~n(::~-~'~2/, authorizing Application.
SubsOrlbad and sworn to aa being true and correct before ma on
~ ~'~ Nota~Pubti0 ~ N~ PU~I=, State of Texas
RESOLUTION NO. ~
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A PARK
DONATION POLICY; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON:
~. That the city of Denton Park Donation Policy,
attached hereto and incorporated herein by reference, is approved.
S_~ That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the~/~-'~ day of ~ 1989
ATTEST:
J Nfr a- ALT S, CITY SECRETLY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
OITY OF DENTON PARK DONATION POLICY
TO provide for the need for parks created by new residential
development, the City of Denton has considered the adoption of an
ordinance requiring the dedication of land, or fees in lieu of
land, to provide for the acquisition and improvement of park sites.
In response to the proposed ordinance, the development community
has re~/uested that the City adopt on a trial basle, a park
dedication policy in lieu of a mandatory park dedication ordinance,
in a cooperative attempt to provide for park sites and improvements
on a voluntary basis.
Application of Policy
This policy, developed in cooperation with the development
community, is intended to provide equatable guidelines to be used
by persons developing residential properties within the city of
Denton,and its extraterritorial Jurisdiction for the purpose of
encouraging participation in a cooperative effort to provide for
the parks or improvement of parks which will be needed to serve
those developments. This policy is intended to be a voluntary
program. Compliance or non-compliance with its guidelines by any
person shall not be used by the City Council, the Planning and
Zoning Commission, or any other commission, official, or employee
of the City in considering an application or request Involving a
zoning matter, the approval of a plat, a building permit, or any
other application or request which requires the approval of the
City Council, a board or commission, official, or employee.
A. Donations of Land.
1. ADDlication and Amount. Donations of land should be made
by any residential development which contains 500 or more dwelling
units. The donation should be in the amount of no less than one
acre for each 100 dwelling units.
2. Land Characteristics. The land to be donated should be
selected in consultation with the Parks and Recreation Department.
Consideration should be given to locating park sites adjacent to
school sites, whenever possible. Whenever linear parks are to be
provided, they should be located around natural drainage and wooded
areas to provide for multiple uses. For neighborhood parks, the
land should be sufficient in size and shape to accommodate, on land
located outside the 100-year floodplain, the following uses: two
(2) tennis course, twelve (12) parking spaces, a picnic building,
a basketball court, a playground area, and other facilities
specified in the Park Master Plan for that area. Areas to be used
for soccer and baseball fields may be located within the 100-year
floodplain when the topography is otherwise suitable for those
uses.
3. park Site Improvements. When the land to be donated is
contiguous to a development, the developer should bear the cost of
platting the site, providing public streets, driveways, and water
and sewer service to the site. The city will bear the costs of all
necessa~ry streets, water and sewer lines and storm drainage
lmprove~ents within the boundaries of the donated land which are
necessary to make the park site usable.
4. Manner of Donation. The land should be donated by
dedication on the final plat of the development.
B. Fees in Lieu of Land.
1. ADDlication and Amount. A fee should be paid in lieu of
donating land for any residential development containing less than
500 dwelling units. The fee should be in a minimum amount equal
to one-fourth (1/4) of one per cent (1%) of the construction value
of the dwelling, as identified on the building permit.
2. pavment of Fees. The fees should be paid to the City at
the time the building permit is issued. The fees collected by the
City shall be paid into an interest bearing park trust fund account
maintained by a local bank for the benefit of the City. The trust
account shall be subject to the terms of this policy and shall be
paid to the city, upon req~/est, at the time the funds are to be
used for the purposes provided herein.
3. Use of Funds. Ail park fees collected must be used to
purchase land for parks or to improve existing parks within the
park planning area of the residential development for which it was
received.
C. Co~ination of Land and Fees. Where it would be advantageous
to the City and the development, the developer may make and the
City may accept a donatlon of land, combined with the payment of
fees, to satisfy the requirements of this policy
D. R~%urn of Donated Land or Fees.
1. Land. If the land dedicated by plat for park purposes is
not acOepted by the City within ten (10) years from the date of
dedication, the developer may revoke the dedication
2. Fees. If the fees paid into the park trust fund are not
paid to the City for park purposes as provided herein within ten
(10) years of the date of payment to the park trust fund, the
trustee shall, upon the request of the person making the payment,
return the funds to that person.
PARK DONATION POLICY/Page 2
RESOLUTION NO.~
A RESOLUTION SUPPORTING THE IMPLEMENTATION OF A MEDICAL EXAMINER
DISTRICT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Denton County's population is in excess of 250,000 and is one
of the most rapidly growing counties in the nation; and
WHEREAS, Denton County does not presently have a medical examiner to
provide autopsy services for the County; and
WHEREAS, the growing number of violent deaths ~n Denton County need
greater investigative resources than are currently available through the
seven Justice Courts; and
WHEREAS, a standardized investigation of deaths will provide a safer,
more crime-free community; and
WHEREAS, state law provides that the Commissioners Court of two or
more counties may enter into an agreement to create a Medical Examlner
Dlstr~ct; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTIQ~. That the city of Denton hereby expresses its support to
the Commissioners Court of Denton County to ~mplement a Medical Examiner
District.
SECTION II. That this resolution shall become effective lmmed~ately
upon 1ts passage and approval.
ATTEST:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
RESOLUTION NO.~~_~
A RESOLUTION SUPPORTING THE IMPLEMENTATION OF A MEDICAL EXAMINER
DISTRICT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Denton County's population is in excess of 250,000 and is one
of the most rapidly growing counties in the nat~on; and
WHEREAS, Denton County does not presently have a medical examiner to
provide autopsy services for the County; and
WHEREAS, the growing number of violent deaths in Denton County need
greater investigative resources than are currently available through the
seven Justice Courts; and
WHEREAS, a standardized investigation of deaths will provide a safer,
more crime-free community; and
WHEREAS, state law provides that the Commissioners Court of two or
more counties may enter into an agreement to create a Medical Examiner
District; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the city of Denton hereby expresses ~ts support to
the Commissioners Court of Denton County to implement a Medical Examiner
District.
~ That this resolution shall become effective immediately
upon its passage and approval.
ATTEST:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
RESOLUTION APPROVING THE FINANCING BY THE
BELL COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION
OF A HEALTH FACILITY LOCATED WITHIN
THE CITY OF DENTON, TEXAS
WHEREAS, the Health Facilities Development Act, Article
1528J Vernon's Annotated Texas Civil Statutes, as amended
(the "Act"), authorizes and empowers Bell County Health
Facilities Development Corporation (the "Issuer") to issue
revenue bonds on behalf of Bell County, Texas (the "Issuing
Unit"), to finance the costs of health facilities found by
the Board of Directors of the Issuer to be required,
necessary or convenient for health care, research and
education, any one or more, within the State of Texas and in
furtherance of the public purposes of the Act; and
WHEREAS, Section 4.01(1) of the Act provides that the
Issuer may provide for the financing of one or more health
facilities located outside the limits of the Issuing Unit
with the consent of every other city, county or hospital
district within which such health facility is or is to be
located; and
WHEREAS, Parkside Lodge of Texas, Inc. (the "User")
proposes to obtain financing from the Issuer from a portion
of the proceeds of the Issuer's bonds issued pursuant to the
Act for the costs of the health facility described in
Exhibit A hereto (the "Project"); and
WHEREAS, the Project is or is to be located within the
City of Denton, Texas (the "City") and outside the limits of
the Issuing unit;
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF
DENTON, TEXAS THAT:
Section 1. The City hereby consents to the financing
by the Issuer of the Project as required by Section 4.01.(1)
of the Act; provided that the City shall have no liability
in connection with the financing of the Project and shall
not be required to take any further action with respect
thereto.
Section 2. This Resolution shall take effect
immediately from and after its adoption and it is
accordingly so ordered.
APPROVED, this the ~/~ day of
, 1989.
EXHIBIT A
DESCRIPTION OF THE PROJECT
The Pro]ect is a 60-bed residential treatment facility
for alcoholism/substance abuse, located at 4601 Interstate
3S North in Denton, Texas. The Project is known as Parkside
Lodge - Westgate, and consists of a residential treatment
building containing approximately 26,700 square feet on
approximately 4.045 acres of land. The total cost of the
Project is approximately $2,250,000.
"Jean Yarbrou~h"
WHEREAS,, Jean Yarbrough is retiring after 20 years, 7 months of
dedicated service to the City of Denton since her
employment on September 3, 1968, and
WH~RFASl, during her career with the Czty, Jean Yarbrough has
consistently maintained an attitude of cooperation with
and dedication to the stated goals of the b~ilities,
Water Recl-mmtion Depe~ut of the City of Denton, and
WH~, Jean Yarbrough has exhibited outstanding expertise,
dedicating much time and effmrt in assisting with the
w~rk of tbs L~ilities, Water Recl-m-tion Deper~m~nt and
has shown great spirit in encouraging com.~-~.tty
involvement in the best interests of the citizens of
Denton; and
WH~, Jean Yarbrou~ has always served above and beyond the
mare efficient discharge of her duties and has responded
to her duties in a loyal, trustworthy and extremely
faithful manner, in a spirit of cooperation with her
fallow employees, and in the best interests of the
citizens of the community,
NOW, T~EREFCRE, BE IT RESC~VED BY /ME COLNCIL OF THE CITY OF D~NTC~,
That the sincere and warm appreciation of the City
Council be fDrmally conveyed to Jean Yarbrough in a
permmnent manner by spreading this Resolution upon the
official m{nutes of the City Council and fDrwardin§ to
her a true copy hereof.
PASSeD!AND APPROVED this 4th day of April, 1989
RAY I~2~H~S, ~
CI~~ TEX~
2652L
RESO =ION NO. $
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON CREATING A
MAIN STREET ADVISORY BOARD TO FORMULATE A POLICY REGARDING THE
CITY'S MAIN STREET PROGRAM; TO MAKE RECOMMENDATIONS TO THE CITY
COUNCIL CONCERNING THE ORGANIZATION, PROMOTION, DESIGN, AND
ECONOMIQ DEVELOPMENT OF THE MAIN STREET AREA, AND TO PROMOTE AND
PRESERVE THE HERITAGE OF DENTON, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton created a
Main Street Committee to establish a Main Street program to
revitalize the Denton main street area, and
WHEREAS, such a program has been established, funded, and
staffed; and
WHEREAS, the City Council of the City of Denton is desirous
of creating a Main Street Advisory Board to advise the Council
regardi~§ revitalization efforts and to monitor progress of the
same, and
WHEREAS, the Board shall review efforts to improve the Denton
main street area, as proposed by various groups within the City,
and
WHEREAS, the Board shall promote revitalization efforts
within the community to create a positive image for the Denton
main st=eet area, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON
SECTION I. That the "Main Street Committee" created by
Resolution No. 88-004 be hereby dissolved and commended for
completing their charge as set forth by that Resolution.
SECTION II That a Main Street Advisory Board is established,
where members ~hall be appointed by the City Council. Membership
of the IBoard shall represent a broad cross-section of the com-
munity, including the Central Business District
SECTION III. That it shall be the charge of the Committee to'
(a) l~evi~w efforts and proposals by various groups with-
in the City to improve the Denton main street area,
as shown on Exhibit 1,
(b) Promote revitalization efforts within the community
to create a positive image for the Denton central
business district, and
(c) Recommend to the City Council actions that the City
might take to organize, promote, design and develop
the Denton main street area, including identification
of additional funding from both public and private
sources, and possible amendments to the Code of
Ordinances.
SECTION IV. That the initial members appointed to the
Committee shall serve until the end of the City's fiscal year in
1990. Thereafter, members shall serve one year terms, concur-
rently with the City's fiscal year. Any member may be reappointed
to serve more than one term.
SECTION V. That this resolution shall become effective
immediat'ely upon its passage and approval.
PASSED AND APPROVED this the ~'~day of ~ , 1989.
ATTEST'
pNIFEK~AETERS, CITY SECRETARY
ROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
MAIN ~"I~..~..T
NO
A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN ALICE
STREET AND DENTON STREET ON FRIDAY, MAY 12, 1989; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on Friday, May 12, 1989, Calhoun Jr High PTA is
sponsoring an annual Day of the Cougar fundralslng event, to be
held on Congress Street between the intersection of Alice Street
and Denton Street; and
WHEREAS, all property bordering Congress Street between the
intersection of Alice Street and Denton Street IS the property of
Calhoun Jr. H~gh; and
WHEREAS, the Day of the Cougar fundralslng event is open to
the general public of the City and County of Denton, and
WHEREAS, in order to provide adequate space for the said
fundralslng event and in order to protect the safety of citizens
who attend, the City Council of the city of Denton deems it ~s
necessary to temporarily close a port~on of Congress Street between
Alice Street and Denton Street from the hours of 3.00 p.m. and 7:00
p.m. on May 12, 1989; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Congress Street between Alice Street and
Denton Street shall be temporarily closed as a street or public
thoroughfare of any kind or character whatever on May 12, 1989 from
3:00 p.m. until 7:00 p.m. for the purpose of holding the Day of the
Cougar fundraislng event.
~ That the City Manager shall dlrect the appro-
priate City Department to erect barricades at Congress Street, from
its intersection with Alice Street to its intersection with Denton
Street, at 3:00 p.m. and to have the same removed at 7:00 p.m. on
May 12, 1989.
~ That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the ~/~ day of April, 1989.
RA S~TEPHENS~ MAYOR
ATTEST:
IFER ~LTERS, CITY S
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
ORD. STC
A RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITIES OF
DENTON AND WICHITA FALLS; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the city Council hereby approves and
authorizes the City Manager and City Secretary to execute and
attest respectively, the agreement between the City of Denton and
the City of Wichita Falls, under the terms and conditions contained
in said agreement which is attached hereto.
~. That this resolution shall become effective
Immediately upon its passage and approval.
PASSED AND APPROVED this the ~ day of ~~w/ , 1989.
~PH~.NS~ MAYOR
ATTEST :'
J~NI~E~W]%LTERS, ~ITY S~CRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
FUNDING AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS,
AND THE CITY OF WICHITA FALLS, TEXAS
This Agreement is made between the City of Denton, Texas,
(Denton) and the City of Wichita Falls, Texas, (Wichita Falls),
munlc~pal corporations of the State of Texas.
RECITALS
1. The city of Denton and the County of Denton have a joint
interest in a public hospital formerly operated as a County-City
Hospital pursuant to the provisions of TEX. REV. CIV. STAT. article
44941-1 (Vernon).
2. The City of Wichita Falls and the County of Wichita also
own and operate a County-City Public Hospital pursuant to the
provisions of article 4494i-1.
3. Effective September 1, 1985, the Texas Legislature enacted
the Indigent Health Care and Treatment Act (the "Act") (TEX. REV.
CIV. STAT. art. 4438f), potentially making cities and counties
which own or operate County-City Public Hospitals Jointly
responsible for funding the health care expenses of indigent county
residents.
4. Denton has retained the services of Thomas A Forbes and
Charles E. Evans to represent Denton before the Texas Legislature
to obtaln an amendment to the Act relative to the obligation of
counties and cities which own or operate County-City Public
Hospitals to fund the health care expenses of indigent county
residents.
5. Wichita Falls wishes to part~clpate in the effort to amend
the Act as ~t would apply to the County-C~ty Public Hospital which
It owns or operates, by partially funding the cost incurred by
Denton in seeking an amendment of the Act.
6. This Agreement is made in accordance with and as
authorized by TEX. REV. STAT. ANN. art. 4413 (32c).
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual
promises, covenants and agreements mentioned herein, the partles
agree as follows:
A. Wichita Falls agrees to pay to Denton within ninety days
of the approval and execution of this Agreement by the respective
parties, Twenty Thousand Dollars ($20,000.00), as 1ts participating
share in funding the cost of retaining Forbes and Evans to seek an
amendment of the Act.
B. Denton shall keep Wichita Falls informed as to the efforts
of Forbes and Evans in performing the services contracted for.
Denton shall coordinate and arrange w~th Wichita Falls to provide
Forbes and Evans with any information, communications, meetings,
or other similar efforts that may be needed or requested by Forbes
and Evans to perform the services contracted for.
'7
DENTON
BY: ~ ~l~r~~ger~
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATT
CITY OF DENTON
BY:
APPRO AS TO LEGAL FORM:
CITY ATTORNEY, CITY OF WICHITA FALLS
FUNDING AGREEMENT/Page 2
CITY of DENTON, TEXAS MUNICIPAl. BUILDING / DENTON, TEXAS76201 / TELEPHONE (8~7) $66 8200
March 13, 1989
Mr. Jim Berzlna, City Manager
Wichita Falls
P O Box 1431
W~ch~ta Falls, TX 76307
Dear J~m
Attached is a legislative update from Forbes & Evans Also
attached for your rewew ~s an agreement regarding the funding
for the proposed county-c~ty hospital legislatIon.
If you have questions, please advise.
S~ncerely, ~
Treasurer
JLB af
Attachments
4330F
MEMORANDUM
Mayor and City Council
city o£ Denton
FROM= Thomas A. Forbes
Charles W. Evans
DATE= March 10, 1989
RE= Legislative Update
House Bill 1106 was heard in the House Public Health Committee
Monday, March 6~ 1989. While no problems are anticipated, the
bill was left pending until the Committee's March 13, 1989
meeting so Representative Ciro Rodriguez could be given so~e
additional information about the bill. We expect the bill to
be voted out of Committee on Monday, March 13.
In the Senate, the Chairman of the Health and Human Services
Committee, Chat Brooks, has indicated a desire to hear all
bills dealing with indigent health care at one time. We have
discussed our bill with Senator Brooks' staff. They have
asked that we prQvide some informa~ion ~o the appropriate
gtaff person in bt, ~overnor Hobby's office. While the
hearing has not been set, we hope to have a hearing possibly
the week of March 20~ 1989.
If you have q~est~one, please feel free to contact either of
/bh
TAF\1~985\8002
07090004.MSS
March 22, 1989
Mr. Jim L. Bunyard
Treasurer
City of Denton
Municipal Building
Denton, TX 76201
Dear Jim'
Enclosed are the two signed copies of the agreement for the
proposed county-city hospital legislation. Please send us
one of the copies when it has been signed by Lloyd Harrell.
SIncerely,
Louise Houseworth
Assistant City Manager
LH:ch
Enc.
1300 7th Street P 0 Box 1431 817/761 7611 W~ch~ta Fails Texas 76307
A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE
INDUSTRIAL DEVELOPMENT AUTHORITY BOARD; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the city of Denton, Texas has approved the creation
of the city of Denton Industrial Development Authority (IDA)
pursuant to the provisions of the Development Corporation Act of
1979; and
WHEREAS, the terms of office of the three members of the Board
of Directors of the Industrial Development Authority (IDA) have
expired; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the following persons are hereby appointed
to the Board of Directors of the City of Denton Industrial
Development Authority:
NAME ADDRESS
Lloyd V. Harrell 215 East McKlnney
city Manager Denton, Texas 76201
Rlck Svehla 215 East McKlnney
Deputy city Manager Denton, Texas 76201
John McGrane 215 East McKinney
Executive Director of Finance Denton, Texas 76201
Each director shall serve a term of office of SlX years. The
terms of the foregoIng members shall expire on March 1, 1995.
S~CTION II. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the ~day of ~~___, 1989.
ATTEST:
NIFErW~LTERS, CITY SECRETARY
~PPROVED AS TO LEGAL FO~:
DEB~ A. D~YOVITCH, CITY ATTO~EY
RES IDA
' 'Cli ffDrd Luster"
WHEREAS, Cliffmrd Luster is retiring af~er 22 years of dedicated
service to the City of Denton since his employment on
October 27, 1966, and
~, during his career with the City, CliffDrd Luster has
consiste~tly maintained an attitude of cooperation with
and dedication to the stated goals of the Electric
Utilities Substations/Metering Department of the City of
Denton; and
W/~{FAS, CltffDrd Luster has exhibited outstanding expertise,
dedicating much time and effmrt in assisting with the
w~rk of the Electric Utilities Substations/Metering
Deper~m~nt and has shown great spirit in encouraging
community involvement in the best interests of the
citizens of Denton, end
~, Cliffmrd Luster has always served above and beyond the
mere efficient discharge of his duties and has responded
to his duties in a loyal, trustworthy and extremely
fmtthfnl manner, in a spirit of cooperation with his
fmllow employees, end in tbm best interests of the
citizens of the community,
NOW, THEREFCRE, BE IT RESC~VED BY THE COLNCIL OF THE CITY OF DMVI~N,
That the sincere and warm appreciation of the City
Council be fDrmally conveyed to Cliffmrd Luster in a
per.mnent manner by spreading this Resolution upon the
official m{nutes of the City Council and fDrwarding to
him/bmr a true copy hereof.
PASSED AND APPROVED this 18th day of April, 1989.
~Fr~ST
DEBRA ADAMI IRAYOVITfM, CITY ATffRNEY
CITY OF D~NTC~, TEXAS
A RESOLUTION APPROVING A LEASE BETWEEN THE CITY OF DENTON AND
J. R. ALMAND, M.D. FOR PROPERTY LOCATED AT THE CITY OF DENTON
MUNICIPAL AIRPORT, DENTON, TEXAS AND PROVIDING FOR AN EFFECTIVE
DATE ·
W~EREAS, the city of Denton has certain vacant property
located at the Denton Municipal Airport, Denton, Texas; and
WHEREAS, the city of Denton desires to lease the property for
constructing and maintaining an aircraft storage hangar and
associated facilities thereon; and
WHEREAS, J. R. Almand, M.D. desires to lease the land at the
airport on the terms contained in the attached lease; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Council approves the lease of
airport property to J. R. Almand, M.D. in accordance with the terms
of the attached lease and the City Manager is authorized to execute
the lease on behalf of the City.
S C O__E~ That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1989.
RAY ~T~S, M~YOR
ATTEST:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
AIRPORT LEASE BETWEEN THE
CI~ OF DENTON AND J. R. ALMAND. M.D. & i-
022909
This agree~hereinaf~r~rcf~r~ed to as "Lease" is made and
executed this~day of .~~, 1989, at Denton, Texas,
by and ,between the CITY OF DENTON, a municipal corporation of the
State of Texas, hereinafter referr~,to as "Lessor", and J. R.
ALMAND, M.D.S, hav~ng~ principal offices at Carrier
Parkway & Dalworth Street, Grand Prairie, Texas, hereinafter
referred to as "Lessee".
WITNESSETH:
WHEREAS, Lessor now owns, controls and operates the Denton
Munlclpal Airport ("Airport") in the Clty of Denton, County of
Denton, State of Texas; and
WHEREAS, Lessee desires to lease land on the Airport and
construct and maintain an aircraft storage hangar and associated
facilities thereon;
NOW, THEREFORE, in consideration of the premises and the
mutual covenants contalned in this Lease, the parties agree as
follows:
I. CONDITIONS OF LEASE
NOTWITHSTANDING ANYLANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED,
THE LANGUAGE IN PAI~AGRAPHS A THROUGH B OF THIS SECTION SHALL BE
BINDING.
A. NoD-Discrimination. The Lessee, for itself, its personal
representatives, successors ~n interest, and assigns, as a part of
the consideration hereof, does hereby covenant and agree as a
covenant running with the land that:
(1) In the construction of any ~mprovements 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 particlpation
in, denied the benefits of, or otherwise be subjected
to discrimination.
(2) The Lessee, shall use the Premises incompllance with
all requirements imposed by or pursuant to Title 49,
Code of Federal Regulations, Department of Transpor-
tation, Subtitle A, office of the Secretary, Part 21,
Non-discrimination in Federally Assisted Programs of
the Department of Transportation-Effectual of Title VI
of the civil Rights Act of 1964, and as said
Regulations may be amended.
In the event of breach of any of the above non-discriminatory
covenants, Lessor shall have the r~ght to terminate the Lease and
to reenter and repossess said land and the facilities 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, as amended, are followed and completed, including
expiration of appeal rights.
(1) Lessor reserves the right to further develop or improve
the landing area of the Airport as it sees fit,
regardless of the desires or view of the Lessee, and
without interference or hindrance.
(2) Lessor reserves unto itself, its successors and
assigns, for the use and benefit of the flying public,
a right of flight for the passage of aircraft above the
surface of the Premises described herein, together with
the right to cause in said airspace such noise as may
be inherent in the operation of aircraft now known or
hereafter used, for navigation of or flight in the said
airspace, and for use of said airspace for landing on,
taking off from, or operating on the Airport.
(3) Lessor shall be obligated to maintain and keep in
repair the landing area of the Airport and shall have
the right to direct and control all activities of
Lessee in this regard.
(4) 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 provisions of the lease to the
Government, shall be suspended.
(5) 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
ALMAND LEASE/Page 2
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 navigation.
(6) 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 in consideration of the covenants and
agreements herein contained to be kept by Lessee, does lease to
Lessee, and Lessee does hereby lease from Lessor the tract of land
as shown in Attachment "A", attached hereto and incorporated herein
by reference, described as follows:
All that certain tract or parcel of land situated in the
Thomas Toby Survey, Abstract Number 1285, Denton County,
Texas, and being part of a tract shown by deed to City
of Denton, recorded in Volume 304, Page 503, Deed Records
of Denton County, Texas, and being more particularly
described as follows:
BEGINNING at a found half inch rebar at a point North 17
degrees 07 minutes 10 seconds East 1618.05 feet from a
concrete monument marked DTO-B-1979;
THENCE North 01 degrees 26 minutes 06 seconds East a
distance of 198.12 feet to a set half inch rebar;
THENCE South 88 degrees 33 minutes 54 seconds East a
distance of 180.00 feet to a set half 1nch rebar;
THENCE South 01 degrees 26 minutes 06 seconds West a
distance of 150.00 feet to a set half inch rebar;
THENCE South 76 degrees 28 minutes 03 seconds West a
distance of 186.32 feet to the Point of Beginning,
containing in all 0.719 acres of land.
For the purposes of this Lease, the term ,'Premises" shall mean
the property located within the land described above.
ALMAND LEASE/Page 3
III. TERM
The term of this Lease shall be for a period of twenty-five
(25) years, commencing on the let day of May, 1989, and continuing
through the 30th day of April, 2015, unless earlier terminated
under the provisions of the Lease. Lessee shall have the right and
option to extend the term of this Lease for two additional five (5)
year terms after the expiration of the initial twenty-five (25)
year term. Should Lessee desire to exercise either such option,
Lessee shall give written notice thereof to Lessor at least one
hundred eighty (180) days prior to the expiration of the initial
term or first additional five-year term of this Lease, whichever
the case may be. In the event Lessee fails to give written notice
within the required time, the option to extend shall automatically
terminate. In the event Lessee timely exercises the option to
extend, this Lease shall be extended for an additional five-year
term upon the same terms and conditions provided for in this Lease.
IV. RENTALS AND PAYMENTS
Lessee covenants and agrees to pay to Lessor, as consideration
for this Lease, payments and rentals and fees as follows:
A. ~. Lessee shall pay to the Lessor rent for
the use and occupancy of the Premises for the first year of this
Lease the sum of eight cents (8¢) per square foot per year, for a
total of Two Thousand Five Hundred Five Dollars and Fifty-seven
Cents ($2,505.57), to be paid in twelve (12) equal monthly
installments in the sum of Two Hundred Eight Dollars and Eighty
Cents ($208.80) per month. The first monthly payment should be
prorated for the number of days remaining in the month after the
effective date of this Lease.
B. Annual Rental Adtuetments. For subsequent years the yearly
rental shall be based on the Ail Urban Consumer Price Index (CPI-U)
for the Dallas/Fort Worth, Texas, Standard Metropolitan Statistical
Area, as compiled by the U.S. Department of Labor, Bureau of Labor
StatiStics, using 1967 = 100 as the base period. The rental for
yearslsubsequent to the initial year of this Lease, including any
year in any additional term provided for in this Lease, shall be
computed by dividing the sum of $2,505.57, the amount of rent for
the initial year of the Lease, by the index number for January
1989, which is the first month of the initial year of the Lease,
then multiplying that amount by the index number of the month
immediately preceding the initial month of each subsequent year of
the Lease. The annual rental so calculated for each subsequent
ALMAND LEASE/Page 4
year shall be paid in twelve (12) equal monthly Installments as
provided herein.
C. Pav~ent and Penalty. Ail payments made hereunder by Lessee
shall be made to Lessor at the offices of the Finance Department
of the Lessor of Denton, Accounts Receivable, 215 E. McKinney,
Denton, Texas 76201, unless Lessee is notified to the contrary in
writing by Lessor. All monthly rental payments, other than the
first monthly rental, shall be due and payable on or before the
first day of each month and shall be paid by Lessee without demand
or notlce from Lessor. The first monthly rental payment shall be
due and payable within ten (10) days of the effective date of this
Lease. All rental amounts paid by Lessee after the tenth (10) day
of the month will be delinquent and shall include an additional
monetary amount (penalty) which shall equal five percent (5%) of
the rental amount due. Failure of Lessee to pay the five percent
(5%) monetary penalty on delinquent rent shall constitute an event
of default of this Lease.
V. RIGHTS AND OBLIGATIONS OF LESSEE
A. ~. Lessee is granted the right to use the
Premises for the storage, maintenance, and repair of aircraft owned
and operated by the Lessee and Lessee's family or invltees. Lessee
may not use any portion of the Premises for any use not authorized
by this Lease, including any industrial, commercial or retail
business or any other business operations which furnish or provide
any product or service to the general public or other lessees of
Airport property. No permanent dwelling or domicile may be built,
moved to or established on or within the Premises nor may the
Lessee, its tenants, invltees, or guests be permitted to reside or
remain as a resident on or w~thin the Premises or other Airport
Premises.
B. General Access to Premises. Sub]ect to the reasonable
rules, regulations, or directives of Lessor, Lessee shall, In
common with others so authorized, have the nonexclusive right and
privilege over and through the Airport property and the right of
ingress to and egress from the Premises for 1ts employees, agents,
guests, and invitees, suppliers of materials and furnishers of
services.
C, ~. During the Lease term, Lessee shall comply with
the following requirements and standards:
(1) Address. Lessee shall file with the Airport Manager
and keep current its mailing address, telephone
number(s) and contacts where its authorized official
ALMAND LEASE/Page 5
vo 586. ,336
can be reached in an emergency.
(2) ~. Lessee shall file with the Airport
Manager and keep current a list of any tenants or
sublessee authorized by this Lease and shall
contractually require Its tenants and sublessee to
abide by the terms of this Lease. Lessee shall
promptly enforce its contractual rights in the event
of a default of such covenants.
(3) U~lities. Taxes And Fees. Lessee shall meet all
expenses and payments in connection with the use and
occupancy of the Premises and the rights and privileges
herein granted, including the timely payments of
utilities, taxes, permit fees, license fees and
assessments lawfully levied or assessed. Lessee herein
agrees to timely 9ay to all lawful taxing authorities
an ad valorem property tax on all improvements
constructed by the Lessee on the Premises, and to
comply with all tax laws pertaining to the Premises,
including those promulgated in the future.
(4) Rules. Reaulations and Restrictions. Lessee shall
comply with all laws, codes, ordinances, rules, and
regulations, either existing or those promulgated in
the future, by the Lessor, the County of Denton, the
State of Texas, the United States of America, and the
Federal Aviation Administration, or their successors
applicable to the Premises or use thereof. Lessee~s
use of the Premises shall at all times be in compliance
with and subject to any covenants, restrictions, and
conditions of record pertaining to the use and
occupancy of the Premises.
Lessee shall not operate or permit the operation of any
transmitter devices, electrical signal producers, or
machinery on the Premises which could interfere with
the electronic aircraft navigation aids or devices
located on or off Airport property. Lessee shall not
be permitted to engage in any business or operation on
the Premises which would produce obstructions to
visibility or violate height restrictions as set forth
by the Federal Aviation Administration or the Lessor.
(5) Heiaht Restriction And Airspace Protection. The Lessee
agrees for itself, its successors, and assigns to
restrict the height of structures, objects of natural
growth and other obstructions on the Premises to a
height as established in City of Denton Ordinance 81-1,
ALMAND LEASE/Page 6
as the same may be amended from time-to-time. The
Lessee also agrees for itself, its successors, and
assigns to prevent any use of the Premises which would
interfere with landing or taking off of aircraft at the
Airport, or otherwise constitute an airport hazard.
Lessee hereby forfeits all claims to aviation rights
over the Premises.
(6) ~. Lessee shall be responsible for all
maintenance and repair of the Premises, Including
buildings, structures, grounds, pavements, and
utilities. Lessee shall be responsible for grass
cutting, collection and removal of trash and for such
other maintenance requirements as may arise. Lessee
agrees to keep the Premises, together with all
improvements, in a safe, clean and attractive condition
at all times. Lessee shall not change the original
color or texture of the exterior walls of any
structures or improvements without the written consent
from Lessor.
(a) ~aintina of Buildinas. During the original term
of this Lease and during each extension, Lessor
shall have the right to require, not more than
once every five years, that the exterior of each
hangar or building located on the Premises be
reviewed by the Airport Board for the purpose of
determining whether painting of the exteriors of
such buildings or hangars is necessary. If the
Airport Board determines painting is necessary, it
shall furnish a recommendation to this effect to
the City Council. The Council, may, upon the
Board,s recommendation, require Lessee to repaint
said exteriors according to Lessor~s specifications
(to specify color of paint, quality of paint,
number of applications, quality of workmanship and
the year and month in which each hangar or building
is to be painted, if needed). Lessee shall
complete the painting in accordance with such
specifications within six (6) months of receipt of
notice from Lessor. Lessee agrees to pay all costs
of the required painting. Failure of Lessee to
complete the painting required by Lessor~s City
Council within the six (6) month period shall
constitute Lessee~s default under this Lease.
(b) Storage. Lessee shall not utilize or permit others
to utilize areas on the Premises which are located
on the outside of any hangar or building for the
ALMAND LEASE/Page 7
storage of wrecked or permanently disabled air-
craft, aircraft parts, automobiles, vehicles of
any type, or any other equipment or items which
would distract from the appearance of the Premises.
(7) Q~J~~. Lessee shall quit possession of the
Premises 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.
(8) ~. Lessee shall properly store, collect and
dispose of all chemicals and chemical residues~
properly store, confine, collect and dispose of all
paint, including paint spray in the atmosphere, and
paint products~ and comply with all local, state and
federal laws and regulations governing the storage,
handling or disposal of chemicals and paints. Lessee
shall not utilized, store, dispose, or transport any
material, fluids, solids or gaseous substances on the
Premises which are considered by the Environmental
Protection Agency to be a hazard to the health of the
general public and undertake any activity on the
Premises that would produce noxious odors.
(9) Siane. Lessee shall have the right, at its own
expense, to place in or on the Premises signs
identifying Lessee. The signs shall be of a size,
shape and design, and at a location or locations,
approved by the Lessor and in conformance with any
overall directional graphics or sign program
established by Lessor on the Airport. The signs shall
be maintained in repair. Notwithstanding any other
provision of this Lease, the 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 expiration of the term of this
Lease or extensions thereof.
(10) U~ of Runways and Taxlwavs. That because of the
present sixty thousand (60,000) pound continuous use
weight bearing capacity of the runway and taxiways of
the Airport, Lessee shall 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 taxiways
on the Airport have been improved to handle aircraft
ALMAND LEASE/Page 8
of a greater weight. Based on quallfzed engineering
studies, the weight restrictions and provisions may
be ad]usted up or down by Lessor and 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,
its agents, subcontractors, and lnvltees. Should
Lessee negligently disregard the provisions of th~s
section, Lessor may immediately terminate this Lease
Lessee agrees to pay to Lessor upon demand for any
damage, as determined by Lessor, to Airport property
that results from a violation of this section.
(11) parklna. The parking of motor vehicles on Airport
property by Lessee, Lessee's guests or lnvitees, shall
be subject to any regulatxons, restrictions or
directions imposed by Lessor.
C. CQDnection to Utilities. Lessor may connect to any exist-
lng water mains serving the Premises, in accordance with and upon
payment of any tap or connection fees, as specified by Lessor's
ordinances applicable to utility customers, provided, however,
Lessee shall not be liable to Lessor for any water or sewer pro
rata payments as a result of the connections made.
D. Abatement of Violations. Should Lessee violate any law,
rule, restriction or regulation of the Lessor of Denton or the
Federal Aviation Administration, or should the Lessee engage in or
permit other persons or agents to engage in activities which could
produce hazards or obstructlon to air navigation, obstructions to
visibility or interference with any aircraft navigational aid
station or device, either airborne or on the ground, then Lessor
shall state such violation an writing and deliver written notice
tu Lessee or Leseee's agent on the Premises, or to the person on
the P~emises who are causing said violation, and upon delivery of
such wrltten notice, Lessor shall have the right to demand that the
person responsible for the violation cease and desist from all such
activity creating the violation. In such event, Lessor shall have
the right to demand that correctxve action, as required, be
commenced immediately to restore the Premises into conformance with
the particular law, r~le or aeronautical regulation being vlolated.
Should Lessee, Lessee's agent, or the person responsible for the
violation fail to cease and desist from said violation and to
immediately commence correcting the violation, and to complete said
corrections within twenty-four (24) hours following written
notification, then Lessor shall have the right to enter on to the
Premises and correct the violation, and Lessor shall not be
responsible for any damages incurred to any improvements on the
Premises as a result of the corrective action process. Lessor
ALMAND LEASE/Page 9
shall submit an invoice to Lessee for the cost of the repairs and
Lessee shall pay said invoice within thirty (30) days.
E. ~ecordina of Lease. Within thirty (30) days after the date
of execution of this Lease, Lessee shall at its own expense record
a copy of this Lease in the Real Property Records of Denton County,
Texas, a copy of which recorded lease shall be provided to Lessor.
VI. RIGHTS AND OBLIGATIONS OF LESSOR
A. ImProvements Provided Bv Lessor. Within sixty (60) days of
the effective date of this Lease, Lessor shall construct and
install, at Lessor's expense, an extension to the existing
underground stormwater drainage pipe located on the Premises, so
that the stormwater drainage pipe will extend beyond the boundaries
of the Premises.
B. Peaceful Eniovment. 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 Premises and all rights and privileges herein granted.
C. Compliance. Leseor warrants and represents that in the
establishment, construction and operation of the 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, no~se
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 simzlar
cause of action by virtue of any aerial operations over adjoining
property in the course of normal takeoff and landing procedures
from the 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.
D. ~ Lessor shall have the right to establish
easements, at no cost to Lessee, upon the Premises for the purpose
of providing 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 Premises and Lessor shall restore the property
to 1ts original condition upon the installation of any utility
services on, in, over or under any such easement at the conclusion
of such construction. Lessee shall not have the right to levy
fees, charges, or receive any compensation for any exercised right
of easement by Lessor or Lessor's authorized agent.
ALMAND LEASE/Page 10
VZZ. I.~IASE~OLD ,?~]'D ~AXZ~A¥ ZMPROVEME~S
A. ~mDrovements bv Lessee. Lessee may construct upon the
Premises, at its own cost and expense, an aircraft storage hanger,
office and bathroom facilities, and other buildings, hangars,
structures, and leasehold improvements that Lessor and Lessee
mutually agree are necessary for the use of the Premises authorized
by this Lease.
B. Required Plat and Buildina Plans. Lessee shall, prior to
constructing any improvements on the Premises, submit to the Lessor
for its approval, a plat of the property and the detailed con-
struction and building plans and specifications for the proposed
improvements. The required plat and plans shall be submitted in
the foTm and manner specified by Lessorts ordinances and Lessee
shall, at the time of submission pay all processing, permit, and
approval fees applicable thereto, as specified by Lessor~s ordi-
nances. The plat submitted shall conform to regulation and
requirements of Lessorts Subdivision and Land Development Regula-
tions. Any building, hanger, or other improvement plans and
specifications submitted for initial construction, or any addi-
tional improvements to be made thereafter, shall conform to the
following requirements~
(1) Buildings, hangers, or structures shall conform with
and be compatible with the overall size, shape, color,
quality, design, appearance, and general plan of the
program established by the Lessor~s Master Plan for the
Airport, as approved by the City Council, copies which
are on file at the office of the Airport Manager and
the city Secretary.
(2) The regulations and requirements of the Lessor~s
Building, Fire, Electrical, Plumbing, and other
applicable Codes and ordinances of Lessor applicable
to the improvements to be made.
(3) Ail buildings, including hangers, shall be designed and
constructed so as to have an anticipated life of at
least twenty-five (25) years.
(4) Any rules or regulations of the any Federal or State
agency having Jurisdiction thereof.
(5) Contain the estimated cost of the construction of the
improvements to be made.
C. ADuroval of Plans. Within sixty (60) days of proper
subm~seion of the plat and plans, and payment of the applicable
ALMAND LEASE/Page 11
fees, Lessor shall approve or disapprove the plat and plans.
Should Lessor fail to approve or disapprove of the required plat
or plans within the sixty (60) days, the plat and plans shall be
deemed approved. Should the Lessor timely disapprove the plat or
plans, it shall give notice to the Lessee of the reason for the
disapproval. No construction of any improvements shall begin until
and unless the plans and specifications are approved by Lessor
D. AirPlane Taxiwav Access.
(1) T~W~¥ Improvements by Lessee. The Lessee acknow-
ledges that on the effective date of this Lease, there
are no existing taxiway improvements to serve the
Premises and that Lessee shall be responsible, at no
cost to Lessor, of providing any necessary taxiway
improvements which are necessary to serve the Premises.
The area designated as "taxlway" on attachment "A"
shall be the general area used, as more specifically
designated by Lessor, to provide for taxiway access to
serve the Premises. Prior to beginning the taxlway
improvements, the plans therefore shall be submitted
and approved in accordance with the provisions for
other leasehold improvements.
(2) Maintenance and Use of Taxlwav Provided by Lessee.
Lessee shall be responsible for the maintenance of the
taxiway access provided, and shall keep the taxiway in
good condition, free of obstructions and defects. The
use of the improved taxlway access shall be subject to
the reasonable rules, regulations, or directives of
Lessor.
E. QwnershlD of Improvements. Ail buildings and improvements
ccnstructed upon the Premises by Lessee shall remain the property
of Lessee throughout the term of the Lease, except as otherwise
provided in this Lease. Ail buildings and improvements of whatever
nature remaining upon the 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.
F. Right of Lessor to Purchase Han~ar or Building. In the
event that Lessee should elect to sell hangars or buildings and
other improvements situated upon the Premises at the time Lessor
has the authority to do so, Lessor shall first be offered the right
to purchase the improvements at a value determined by having such
improvements appraised by three appraisers, one appointed by
Lessor, one appointed by Lessee, and one appointed by the two
appraisers. The costs of the appraisal shall be paid by Lessor.
ALMAND LEASE/Page 12
Within sixty (60) days of the delivery of a written appraisal
report by the appraisers to Lessor, shall notify Lessee in writing
of its decision to purchase all or part of the hangers or buildings
to be sold. If Lessor exercises its right to purchase, it shall
make payment to Lessee of the appraised value of the buildings or
hangers to be purchased within thirty (30) days of the written
notice0
G. ~moval of Hanaars or Bulldln~s. In the event that Lessee
should remove any building or hangar from the Premises, where such
removal is authorized by this Lease, Lessee herein agrees to comply
with the following terms:
(1) Prior to commencing the hangar or building removal
process, the Lessee and Lessor shall agree on the best
method to remove the building, including where to cut
water lines, electrical wire, plumbing and other
fixtures or utilities, so as to cut said fixtures to
allow the future use of these fixtures.
(2) The building shall be removed completely from the
surface of the concrete slab and up, with the exceptlon
of cut utility lines. All interior fixtures shall be
removed including sinks, commodes, d~viding walls and
all other items or fixtures that would prevent the
concrete slab from being as free as possible from all
obstructions.
(3) Removal of hangars or buildings shall begin and be
completed prior to Lessee's designated termination
date.
(4) The hangar or building slab, the aircraft parking
apron, the taxiway, and all other improvements on the
Premises shall remain on the Premises and shall become
the property of the Lessor without costs to Lessor.
(5) Lessee shall be responsible for the removal of all
refuse and debris from the Premises prior to vacating
the Premises.
(6) Lessee shall be responsible for all costs involved in
the removal of the hangar or building, including costs
of permits or fees.
(7) Lessee shall be responsible for any damage caused to
any improvements on the Premises during the building
or hangar removal process, and Lessee herein agrees to
repair or replace, at Lessee's expense, any improve-
ALMAND LEASE/Page 13
ments damaged by Lessee during the removal of said
structures.
VIII. SUBROGATION OF MORTGAGEE
Lessee shall have the right to place a first mortgage lien
upon its leasehold in an amount not to exceed eighty percent (80%)
of the cost of the capital improvements. The terms and conditions
of such mortgage loan shall be subject to the approval of Lessor
and Lessee shall submit copies of the loan documents, including the
loan application, to Lessor. Lender's duties and rights are as
follows:
(1) The Lender shall have the right, in case of default, to
assume the rights and obligations of Lessee herein and
become a substituted Lessee, with the further right to
assign the Lessee's interest to a third party, subject to
approval of Lessor. Lender's obligations under this Lease
as substituted Lessee shall cease upon assignment to a
third party as approved by Lessor.
(2) As a condition precedent to the exercise of the right
granted to Lender by this paragraph, Lender shall notify
Lessor of all action taken by it in the event payments on
such loans shall become delinquent. Lender shall also
notify Lessor, in writing, on any change in the identity
or address of the Lender.
(3) Ail notices required by the Lease to be given by Lessor
to Lessee shall also be given by Lessor to Lender at the
same time and in the same manner provided Lessor has been
furnished with written notice of Lender's lnterest and
its address. Such notice shall be given to the city
Secretary and the Airport Manager. Upon receipt of such
notice, Lender shall have the same rights as Lessee to
correct any default.
IX. INSURANCE
A. Lessee shall maintain continuously in effect at all times
during the term of this Lease or any extension thereof, at Lessee's
expense, the following insurance coverage'
(1) Comprehensive General Liability Insurance covering the
Premises, the Lessee, its personnel and 1ts operations
on the Airport, for bodily injury and property damage
ALMAND LEASE/Page 14
v ,2586 , 345
in the minimum amount of $250,000, comblned single
limits on a per occurrence basis.
(2) Fire and extended coverage for replacement value for
all facilities used by the Lessee either as a part of
this Lease or erected by the Lessee subsequent to the
execution of this Lease.
B. All policies shall be issued by a company authorized to do
business in the State of Texas, be approved by the Lessor, copies
of which shall be provided to Lessor. The policies shall name the
Lessor as an additional named insured and shall provide for a
minimum of thirty (30) days written notice to the Lessor prior to
the effective date of any cancellation or lapse of such policies
C. 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 requlre any
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 requirements
shall be commensurate with insurance requirements at other public
use airports similar to the Airport in size and in scope of
aviation activities, located in the southwestern region of the
United States. For the purpose of this Lease, the Southwestern
region of the United States shall be the states classified as the
southwestern region by the Federal Aviation Administration.
D. Lessee herein agrees to comply with all increased or
adjusted 1nsurance 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 within sixty (60) days
following receipt of a notice in writing from Lessor stating the
increased or adjusted Insurance requirements. Lessee shall have
the rlght to maintain in force types of insurance and amounts of
insurance which exceed Lessor's minimum ~nsurance requirements.
E. In the event that State law should be amended to require
types of insurance 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 malntain in force types of
insurance or the amount of insurance as specified by State Law.
ALMAND LEASE/Page 15
X. INDEMNITY
A. Lessee agrees to indemnify and hold harmless Lessor and its
agents, employees, and representatives from and agalnst all lia-
bility for any and all claims, suits, demands, or actions arising
from or based upon ~ntentional or negligent acts or omissions on
the part of Lessee, its agents, representatives, employees, mem-
bers, patrons, visitors, contractors and subcontractors, or
sublessees, if any, which may arise out of or result from Lessee's
occupancy or use of the Premises or activIties conducted in
connection with or incidental to this Lease
B. This Indemnity Provision extends to any and all such
claims, suits, demands, or actions regardless of the type of relief
sought thereby, and whether such relief is in the form of damages,
judgments, and costs and reasonable attorney's fees and expenses,
or any other legal or equitable form of remedy. This Indemnity
Provlsion shall apply regardless of the nature of the ~n3ury or
harm alleged, whether for injury or death to persons or damage to
property, and whether such claims be alleged at common law, or
statutory, or constitutional claims, or otherwise. This Indemnity
Provision shall apply whether the basis for the claim, suit,
demand, or action may be attributable 1n whole or in part to the
Lessee, or to any of its agents, representatives, employees,
members, patrons, visitors, contractors, and subcontractors, or
sublessees, if any, or to anyone directly or indirectly employed
by any of them.
C. This Indemnity Provision also extends to any claim or
liability for harm, injury, or any damaging events which are
directly or indirectly attributable to premise defects or
conditions which may now exist or which may hereafter arise upon
the Premises, any and all such defects being expressly waived by
Lessee. Lessee understands and agrees that this Indemnity
Provision shall apply to any and all claims, su~ts, demands, or
actions based upon or arising from any such claim asserted by or
on behalf of Lessee or any of its members, patrons, visitors,
agents, employees, contractors and subcontractors, or sublessees,
if any.
D. It is expressly understood and agreed that the Lessor shall
not be liable or responsible for the negligence of Lessee, 1ts
agents, servants, employees or sublessees, if any. Lessee further
agrees that it shall at all times exercise reasonable precautions
for the safety of, and shall be solely responsible for the safety
of its agents, representatives, employees, members, patrons,
visitors, contractors and subcontractors, sublessees, ~f any, and
other persons, as well as for the protection of supplies and
equipment and the property of Lessee or other persons.
ALMAND LEASE/Page 16
E. Lessee and Lessor each agree to give the other party prompt
and timely notice of any such claim made or suit instituted which
in any way, directly or indirectly, contingently or otherwise,
affects or might affect the Lessee or the Lessor. Lessee further
agrees that this Indemnity Provision shall be considered as an
additional remedy to Lessor and not an exclusive remedy.
XI. CANCELLATION BY LESSOR
All the terms, restrictions, covenants, and conditions
pertaining to the use and occupancy of the Premises are conditions
of this Lease and the failure of the Lessee to comply with any of
the terms, conditions, restrictions, covenants, and conditions
shall be considered a default of this Lease, and upon default, the
Lessor shall have the right to invoke any one or all of the
following remedies.
A. Should Lessee fail to pay the monthly rental amounts or
fees prescribed in this Lease, such failure shall constitute a
default of this Lease, and Lessor may give written notice to Lessee
of LesSee's failure to pay and demand payment in accordance with
the Lease terms. Should Lessee fall to pay the monthly rental
amount within twenty (20) days following receipt of written notice
from Lessor, then Lessor may terminate this Lease.
B. In the event that Lessee fails to comply with any other
terms, conditions, restrictions and covenants pertaining to this
Lease, Lessor shall give Lessee notice of said breach, and request
Lessee, to cure or correct the same. Should Lessee fall to correct
said violation(s) or breach within thirty (30) days following
receipt of said notice, then Lessor shall have the right to
terminate this Lease. Should this Lease be terminated by Lessor
for failure of Lessee to correct said breach or violation within
the thirty (30) day cure time, Lessee shall forfeit all rights to
all improvements on the Premises and all ~mprovements on the
Premises shall become the property of the Lessor.
C. In addition to termination of this Lease for the breach of
terms and conditions herein, the Lessor shall have the right to
terminate this Lease for the following reasons:
(1) In the event that Lessee shall file a voluntary
petition in bankruptcy or proceedings in bankruptcy
shall be instituted against Lessee 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;
ALMAND LEASE/Page 17
or if a receiver shall take jurisdiction of Lessee and
its assets pursuant to proceedings brought under the
provisions of any federal reorganization act~ or ~f a
receiver for Lessee~s assets is appointed.
(2) In the event that Lessee should make an assignment of
this Lease, for any reason, without the approval of and
written consent from Lessor.
D. Upon termination or cancellation of this Lease and provided
all monies due Lessor have been paid, Lessee shall have the right
to remove its personal property, provided such removal does not
cause damage to any part of the hangar, structure or improvements.
Lessee shall remove all personal property from the Premises within
ten (10) days after the termination. If Lessee fails to remove
1ts personal property as agreed, Lessor may elect to retain
possession of such property or may sell the same and keep the
proceeds, or may have such property removed at the expense of
Lessee.
Where, upon termination of the Lease, the fixed xmprovements
become the property of Lessor as provided herein, Lessee shall
repair, at its own expense, any damage to the fixed Improvements,
resulting from the removal of personal property and shall leave
the Premises in a neat and clean condition with all other
improvements in place.
E. Failure of Lessor to declare this Lease terminated upon the
default of Lessee for any of the reasons set out shall not operate
to bar, destroy, or waive the right of Lessor to cancel this Lease
by reason of any subsequent violation of the terms hereof. The
acceptance of rentals and fees by Lessor for any period or perxods
after a default of any of the terms, covenants, and conditions
herein contained to be performed, kept, and observed by Lessee
shall,not be deemed a waiver of any rights on the part of the
Lessor to cancel this Lease for failure by Lessee to so perform,
keep or observe any of the terms, covenants or conditions hereof
to be performed, kept and observed.
XII. CANCELLATION BY LESSEE
Lessee may cancel this Lease, ~n 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 preventing or restraining the
use of said Airport or any part thereof for Airport
ALMAND LEASE/Page 18
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 of ninety (90) days after receipt of
a written notice of the existence of such breach;
(3) the inability of Lessee to use the 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 Govern-
ment or any authorized agency thereof of the Premises for
the maintenance and operation of said 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 Premises cannot be used for
authorized purposes, then Lessee may cancel this Lease as
aforesaid, or may elect to continue this Lease under its terms
XIII. MISCELLANEOUS PROVISIONS
A. ~ntire Aoreement. This Lease constitutes the entire
understanding between the parties and as of its effective date
supereedes 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. Sublettino or Assi=nment. The Lessee shall not rent, or
sublease the Premises, or any portion thereof, or assign this
Lease, without prior written consent of the Lessor. If approved
by Lessor, any tenant, sublessee, or assignee shall be subject to
the same conditions, obligations and terms as set forth herein.
C. ?~se Bindin~ on Successors and Assigns. All covenants,
agreements, provisions and conditions of this Lease shall be
binding upon and inure to the benefit of the respective parties
hereto and their legal representatives, successors or assigns. No
modification of this Lease shall be binding upon either party
unless written and signed by both parties.
D. Effect of Condemnation. If the whole or any part of the
PremiSes shall be condemned or taken by eminent domain proceedings
by any city, county, state, federal or other authority for any
ALMAND LEASE/Page 19
purpose, then the term of this Lease shall cease on the part so
taken from the day the possession of that part shall be required
for any purpose and the rent shall be paid up to that day, and from
that day Lessee shall have the right to continue in the possession
of the remainder of the Premises under the terms herein provided,
except that the rent shall be adjusted to such amount as the
parties hereto shall negotiate~ but, under no circumstances shall
the rent be greater than the rental per square foot provided for
herein. Ail damages awarded for such taking of and for any public
purpose shall belong to and be the property of Lessor. Ail damages
awarded for such taking of structures, improvements or businesses
that were constructed by Lessee shall be reflective of their value
for the remainder of the Lease term and be awarded to Lessee, the
remainder to be awarded to Lessor.
E. ~pverabilltv. If any provision hereof shall be finally
declared void or illegal by any court or administrative agency
having Jurisdiction, the entire Lease 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.
F. Notice. Any notice given by one party to the other in
connection with this Lease shall be in writing and shall be sent
by registered mail, return receipt requested, with postage and
registration fees prepaid, as follows:
1. If to Lessor, addressed to:
city Manager
city of Denton
21§ E. McKinney
Denton, Texas 76201
2. If to Lessee, addressed to:
J. R. Almand, M. D. ~ ~t~
Carrier Parkway & Dalworth Street
Grand Prairie, Texas 7§0§0
Notices shall be deemed to have been received on the date of
receipt as shown on the return receipt.
G. Headinas. The headings used in this Lease are intended
for convenience of reference only and do not define or limit the
scope or meaning of any provision of this Lease.
H. G~¥ernina Law. This Lease is to be construed in accordance
with the laws of the State of Texas.
ALMAND LEASE/Page 20
IN WITNESS WHEREOF, the parties have executed this Lease as
of the day and year first above written.
CITY OF DENTON, TEXAS, LESSOR
J~I~g~ ] tLTE~s, CITY gECRET~Y
APPROVED AS TO ~GAL
DEB~ AD~I D~YOVITCH, CITY ATTO~EY
J. R. A~D, M.D.
LESSEE
ATTEST:
ALMAND LEASE/Page 21
THE STATE OF TEXAS
COUNTY OF DENTON
T~S i~trument was acknowledged before me on the ; ~ day
of I ~(~/uJ~ , 1989, by Lloyd V. Harrell, City Manager
of the-C-~ty of Denton, Texas, a municipal corporation of the State
of Texas. on behalf of said corporation.
THE STATE OF TEXAS
COUNTY OF ....... I
Thle i,etrument was acknowledged be,ore me on the ~ d.y
of~~ , 1989, by J. R. Almand.~
C=\WPS0\ALMAND
ALMAND LEASE/Page 22
N 01'26'06"
150.00'
AMERICAN
BANK
FORUM
May 30, 1989
Ms. Jennifer Walter
City Secretary
City of Denton, City Hall
215 E. McKlnney
Denton, Texas 76201
That certain A~rport Lease Ithe "Lease"] executed by and between
the City of Denton as Lessor and J. R. Alman, MD as Lessee dated
April 18, 1989, recorded in the Deed Records of Denton County,
Texas.
Dear Ms. Walter
References is hereby made to Section VIII of the captioned Lease
You are hereby formally notxfied that Texas American Bank/Forum,
NA ["Bank"] qualifies as a Lender Ias such term ~s defined ~n
the lease] pursuant to the prowslons of such Section of the Lease,
and therefore the Bank request that you provide to the Bank the
notices and r~ghts set forth ~n such Sectzon to such Lenders.
The proper address for such not~ce is 2908 E. Pioneer Parkway,
Arlxngton, Texas 76010.
If you have any questions please contact the undersigned at (817)
649-1111
Sincerely,
Texas American Bank/Forum, N.A.
Don R. Cole
Vzce President
cc J. R. Almand C~rtifled Mail P 882 958 845
Regular Mall
Post Off,ce Box 1143
Arhngton Texas 76010
(817) 64g 1111
CITY of DENTON, TEXA MUNICIPAL SUILDINe / DENTON, TEXAS 76201 / TELEPHONE(817) 566.8ao7
Offloe of the City Manager
June 15. 1989
Mr. Don R. Cole
Vice President
Texas American Bank
P O. Box 1143
Arlington, Texas 76010
Be' Lease between the City of
Denton and J B. Almand
Dear Mr. Cole:
I am writing in response to your letter of May 30. 1989
requesting that the City notify Texas American Bank in the event
that the City issues any notices to Mr Almand pursuant to the
Lease. To my knowledge, the City has not been furnished a copy
of the loan documents, including the loan application Please
forward these documents promptly to comply with the requirements
of the Lease and ensure that the City approves the loan in
accordance with Article VIII. Should you have any questions in
this regard, please call the City Attorney's office at (817)
566-8334.
Very truly yours,
~nn~ fer Walters
City Secretary
JW/lh
cc' Lloyd V. Hatrell
Joe Thompson
J.R. Almand
33841
ESOL TION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUB-
MISSION OF AN APPLICATION TO THE TEXAS CRIMINAL JUSTICE DIVISION
REQUESTING FUNDING FOR A DRUG ABUSE RESISTANCE EDUCATION OFFICER,
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article 4413 (32a), V.T.C.S. was amended to enable
the Criminal Justice Division of the State of Texas to allocate
grants and admlnister criminal justice programs on a statewlde
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 and education relatlng to drug
abuse; and
WHEREAS, in order to receive such funds, ~t is necessary for
the Council of the city of Denton to authorize the submission of
an application to the Texas Criminal Justice DlVlSlOn requesting
fundlng for a Drug Abuse Resistance Education Officer to augment
the City's Crime Prevention Unit; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the city of Denton, Texas, certifies that it
is eligible to receive a funding allocation from the Texas Criminal
Justice Division for a Drug Resistance Education Officer to augment
the city's Crime Prevention Program
STO_S_S_S_S_S_S_S_S~~ That the City Council hereby authorlzes and
directs the City Manager, or his designee, to represent and act on
behalf of the city of Denton in applying for and working with the
Criminal Justice Division in regard to such grant application.
~ That a copy of this resolution shall be
forwar4ed to the Texas Criminal Justice Dlvlslon and the North
Texas Central Council of Governments
0~. That this resolution shall become effective
~mmedlately upon its passage and approval.
PASSED AND APPROVED thls theD~~ day of Aprll, 1989.
ATTEST:
J~IFER~ALTERS, -CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: ~
89-151
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUB-
MISSION OF AN APPLICATION TO THE TEXAS CRIMINAL JUSTICE DIVISION
REQUESTING FUNDING FOR A SPECIAL LAW ENFORCEMENT UNIT TO INVESTI-
GATE CHILD ABUSE VIOLATIONS; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Article 4413 (32a), V.T.C.S. was amended to enable
the Criminal Justice Division of the State of Texas to allocate
grants and administer criminal justice programs on a statewlde
level; and
WHEREAS, the Clty of Denton ~s ellglble to receive such funds
and desires to promote the public safety and well-being of its
c~tizens through increasing the effectiveness of the Denton Police
Department in its law enforcement relating to child abuse; and
WHEREAS, in order to receive such funds, it is necessary for
the Council of the City of Denton to authorize the submission of
an application to the Texas Criminal Justice D~vlslon requesting
fundlng for a Special Law Enforcement Unit Police Officer to
investigate child abuse to augment the City's Criminal Investi-
gation Unit; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES'
~ That the C~ty of Denton, Texas, certifies that it
· s ellgible to receive a funding allocation from the Texas Criminal
Justice Division for a Special Law Enforcement Unit Child Abuse
Investigator/Police officer to augment the City's Crlmlnal Investi-
gation Program.
~ That the City Council authorizes and directs the
City Manager, or his designee, to represent and act on behalf of
the City of Denton In applying for and working with the Crlm~nal
Justl¢e D~vision in regard to such grant appllcation
~ That a copy of this resolution shall be
forwarded to the Texas Crlmlnal Justice Dlvislon and the North
Texas Central Council of Governments.
I~LC_T_~Q_~{_~!_~~ That this resolution shall become effective
immediately upon 1ts passage and approval.
PASSED AND APPROVED this the~4~ day of April, 1989.
ATTEST:
J~NIF~.~WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
2686L
RESOLUTION NO ~
A RESOLIffION OF THE CITY COUNCIL OF THE CITY OF DENTON CREATING A
MAIN STREET TASK FORCE TO FORMULATE A POLICY REGARDING THE CITY'S
MAIN STREET PROGRAM, TO MAKE RECOMMENDATIONS TO THE CITY COUNCIL
CONCERNING THE ORGANIZATION, PROMOTION, DESIGN, AND ECONOMIC
DEVELOPMENT OF THE DESIGNATED MAIN STREET AREA, AND TO PROMOTE
AND PRESERVE THE HERITAGE OF DENTON, AND DECLARING AN EFFECTIVE
DATE
WHEREAS, the City Council of the Czty of Denton created a
Main Street Committee to establish a Main Street program to
revitalize the designated Denton main street area, and
WHEREAS, such a program has been established, funded, and
staffed, and the City Council of the City of Denton zs deszrous
of creating a Main Street Task Force to advise the Council
regarding revitalization efforts and to monztor progress of the
same, and
WHEREAS, the Task Force shall review efforts to zmprove the
Denton main street area, as proposed by various groups within the
City, and the Task Force shall promote revitalization eflorts
within the community to create a positive zmage ior the Denton
main street area, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON.
SECTION I. That Resolution No. 89-026 is hereby repealed.
SEC%ION II. That the Denton Mazn Street Task Force is
established, and members shall be appointed by the City Council
Membership of the Board shall represent a broad cross-section of
the community, including the Central Business Dzstrlct
SECTION III. That it shall be the charge of the Task Force
to
(a) Review efforts and proposals by various groups within the
City to improve the designated Denton main street area,
as shown on Exhibit 1,
(b) Promote revitalization efforts within the community, to
create a positive image for the Denton central buszness
district, and
MAIN S~REET
2318L
RESOLUTION NO
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT A FINAL STATEMENT OF OBJECTIVES AND PROJECTED
USE OF FUNDS WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND
REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974,
AS AMENDED, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton, Texas, is concerned wzth the
development of viable urban communities, zncluding decent
housing, a suitable living environment and expanded economzc
opportunities, and
WHEREAS, the City of Denton, Texas, has a special concern
ior 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 utilizing its sixth year entitlement funds in the approximate
amount of 3578,543, and
WHEREAS, the public hearzng will have been held in accordance
wzth the law, and
WHEREAS, the Act requires an application and appropriate
certification; 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, authorizes the City Manager to sign and submzt to the
Department of Housing and Urban Development a grant application
and appropriate assurances for entitlement funds under the
Housing and Community Development Act o f 1974, as amended
SECTION II That the City Council of the City of Denton,
Texas, authorizes the Executive Director of Planning and
Development to handle all fiscal and administrative matters
related to the application, the Houszng Assistance Plan and the
assurances.
SECTION III. That the City Secretary is hereby authorized
to furnish copies of this resolution to all znterested partzes.
SECTION IV. That this resolutzon shall take effect immedi-
ately from and after its passage.
PASSED AND APPROVED this the/~ay of ~~__, 1989
RAVENS , ~MAYOR
ATTEST'
APPROVED AS TO LEGAL FORM.
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
2227L
RESOLUTION NO. ~_~
A RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO USE UNMARKED
VEHICLES, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Article 6701m-2, V.A.C.S. provides that upon approval
of the governing body of a city, automobiles used by police
officers need not be marked as city owned vehicles when used for
the purpose of performing official duties, and
WHEREAS, the City Council of the City of Denton desires to
authorize the police department to use unmarked vehicles as they
may deem necessary in order to facilitate police undercover work
and other legitimate and official functions of the police depart-
ment, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I. That pursuant to the authority granted by Article
6701m-2, V.A.C.S. approval is hereby given by the governing body
of the City of Denton for the use of the Denton Police Department
of unmarked vehicles for the purpose of performing official duties.
SECTION II. That the Chief of Police of the City of Denton is
hereby authorized and directed to designate those vehicles for
which license plates are required which will not reveal that such
vehicles are owned by the City of Denton
SECTION III. That the Assistant Purchasing Agent of the City
of Denton is hereby authorized and directed to sign all documents
required for acquisition of license plates for those vehicles as
designated by the Chief of Police.
SECTION IV. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the~?f'~'day of ~,
1989.
ATTEST
APPROVED AS TO LEGAL FORM.
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
1721L
RESOLUTION NO. ~~
A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF JUNE 6,
1989 TO JUNE 13, 1989, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the regular Council meeting of ~he City of Denton
scheduled for June 6, 1989 is hereby postponed to June 13, 1989,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES.
SECTION I. That the regular Council meetzng to be held on
June 6, 1989 be postponed until June 13, 1989.
PASSED AND APPROVED this the /~'~day of May, 1989.
ATTEST:
NNIFERfitW_~TERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM.
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
RESOLUTION NO. ~
A RESOLUTION TEMPORARILY C~SING NORTH ~KE T~IL BETWEEN BOWLING GREEN
STREET AND AUBU~ STREET ON SUNDAY, MAY 21, 1989, AND PROVIDING FOR ~
EFFECTIVE DATE.
~EREAS, Sheila Becker, representing the residents of North Lake
Trail, is re~esting that North Lake Trail from its intersection wlth
Bowling Green and Auburn 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 1:00 p.m. and 6:30 p.m. on May
21, 1989, for the purpose of having a block party; and
WHEREAS, all of said residents of North Lake Trail have assured the
City Council that they have agreed to the temporary closing of North
Lake Trail; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That North Lake Trail, from its Intersection with Bowling
Green to its intersection with Auburn Street, a public street in the
corporate limits of the City of Denton, be temporarily closed to
vehicular traffic from the hours of 1:00 p.m. and 6:30 p.m. on May 21,
1989, for the pu~ose of having a block party.
~ That the city Manager shall direct the appropriate City
Department to erect barricades on North Lake Trall, from its
intersection with Bowling Green to its intersection wlth Auburn Street,
at 1:00 p.m. and to have the same removed at 6:30 p.m. on said date.
ATTEST:
NI ER A T RS, eITY sEC TaRY
XPPROVED AS TO LEGAL FOX:
DEB~ A. DRAYOVITCH, CITY ATTO~EY
2689L
RESOLUTION NO. ~
A RESOLUTION APPROVING THE 1989 FISCAL YEAR BUDGET, AS PER
ARTICLE 1432e V.A.T.S., AS AMENDED, OF THE DENTON COUNTY
~ERGENCY COMMUNICATION DISTRICT.
WHEREAS, the City of Denton has been presented the 1989
Fiscal Year Budget of the Denton County Emergency Communication
District, hereinafter re ferred to as DENCO AREA 911, for
approval, in accordance with Article 1432e, Section 7 (D),
V A.T.S., as amended, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
SECTION I. That the City of Denton, after review of such
Budget, does hereby approve the same.
SECTION II. That the City Manager is authorized to take any
and all reasonable and necessary acts to comply with the intent
of this resolution.
SECTION III. That this resolution shall take effect
immediately from and after its passage, f%
PASSED AND APPROVED this the /~day of , 1989.
ATTEST
ER ~TERS~, CITY SECRET
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
2689L
DENTON COUNTY AREA
9-1-1 DISTRICT
APPROVED BUDGET
FOR
1988-1989
AND
FINANCIAL PLAN
1989-1993
1660 S. Stemmons, Suite 295
Lewisville, Texas 75067
(214)' 221-0911
TABLE OF CONTENTS
[~xcctlilVe Sumnmry
Growth As,~unlpl~on'~
Revclmc Model
[fine llem Expendflurcs
Program Budget
I)ENTON COUNTY AREA 9-1-1 i)ISTRICT
1988-1989 PROI OSE1) BUDGET
Enclosed fei' your review I~ Ihe ptepo~ed Anmtal Operallng Budget for 1988 1989 fiscal year for lite Demo Area
9 I I Dlslflcl lhls budgel Is ~uhmllled ~1 lhe tale of 3% ~emlce fee lllghllghl~ of Ihe budgel ~re aq
~rsonncl~sl~ include mhllng nmtlhcr hill lime pmlllon of Public Fducallon Dlteclor lo ,~lql wllh the PSAP
Irnlnlng of nil call Iaker~, ~ml lite lrcmemhm~ puhllLIly Ih~l flccd~ h~ I)e a(complldted hcfl~re told nfler till over
We have aim budgeled for Iwo p~rl lime pcrgomtel Io ~q~l~l In Ihe Implemc~fl~llon process e~ mcded Snlnrieq
budgelnry~ purD~se~ only
8~ppll~ end Malorlal~ Includm coqls f{~* opcrallon~ of Ihe Dl~lrlcl
COlII[aCl ~c~J[~ ~11o~ 20 mldllhmal hollt~ ~l(ff)~mur h*r our allorncy lo review Ihe co~lllncl~ behvcea Ihc
lelephnne compfllll[~ ~nd Ihe Dtslflcl The law ~equlr~ mi fllllll~al nudil rhc itlailllellnlltC oa eqlllplllctll
the copier ~ml compuler equlpmenl lhe budgel colllqhl~ $15,(NNH~ for linnnclal and lelecommunkallon
[~~ Indml~ Ihc monlcq duc Ihls [Ir~l year of our office Ica~e We have hod free rent from August,
1988 unlll March, 1989
~ff~$oq~l Dc~¢lonln~nl Inch.le~ milo allow~me R}r E~cculivc Dsrcrlor, D,}Ia Baqe Manager, nad Pubhc
[~duc~llml Dlreclor q~te Ir~vcl ~llowmtce Includc~ Ihe Sprlag ami F~dl qexa~ I;mergcncT Number
meellng~ (2 people), Iho .mural Nallonnl ffmerge~scT Numher A~mctallon conveelimt (4 people), Ihe
A~oclaled Public Safely COlllllllllllcalloll~ Offlccrg ton[creme (4 pc~plt), aad Iht Slolc Advimry Cmm.k~mn
9 I I
~clnbcrsllll} and Subscrl~[[t}ll~ include memhershlp~ In Nalhmal I~mcrge.cT Number Aq~oclallolt, Texa~ EmergencT
Number A~ocl~llo~, and A~oclaled Public Safely Ommmnlcalhm~ Officer~ qhe D~slrlcl subscrd~c~
pub c Ed~cal on s a taus 1 I~ hoped Ilml lbo prlva e ~ecl ~r can offscl mine of Ih~ coqls We ~anl Io lavolvc
Ihe area $Omol% colle[~ ~ml conmumlly groupq o a~slsl will I( ~ c educalion FIIm~ a~d malcflals La he
purchased from exlsllng Dlslrlcls a~td Ihe ~1~1o Advlso~
Rural Add[Dslltg program I~ m~l fmulcd In Ihl~ hudgcl
Rcvcna~l fi*r 19~ 89 have been cgllnlalcd ba~ed on gmwlh f~cl{~l~ provided by Ihe Iclephmtc cmnpank~
[ICVCltllCqllCflecl recoil rlllJllg frllm Ih~ Public UIIIIly COIItIIII~IolI reclining Iht lul~c role of O l E Smllllwe~l Plca~c
~11 me Ir, yml h~ve rely qlm~llll~% or yo~ wl~h moro ~pccific Infimnnlhm fi~r your review
Exccullvo Dlrcclor
I
SUMMARY
REVENUITEXPEN1HTURE I'ROJEC FION
FOR FISCAL YEAR 1988-89
Fund Balance October I, 1988 $ 248,092
Projected Fee Revenue~ $ 526,316
ProJected interest Revemm~ 17,366
Total Revemm $ 543,682
F~timated Opernling Expen~eq <187~J43>
Ftmd Balance Prior to Capdal Expenddure
or Financing Act~v~tle~ $ 356,539
Resonrce,~ Comtmtled to 9-1-1 System A(It.~lt~on
for 1988-1989 year <573,441__>
Projected Fund Balance at Seplember 30, 1989 $ 31,190
REVENUE/EXPENSES
PROJECt' ED REVENUES
$526316
OPERAIINO EXPENSES
$18/t43
INTEREST INOOME
$17366
REV EN U ES
FOR FISCAl, YEAR 1988-89
General Telephone $ 443,923
Soulhwentern Bell 53,992
1(1,~24
D'~ke Dallas 13,291
CENTEL 17
Muensler
Total $ 521,547
~n~ Current Receivables <94,307>
Plun Prior Receivablen .
66 Dayn in Rece~vable~
rotal Budgeted Se~ice Chargen $ 526,~16
Interest Income 17~36~6
~lotal Budgeted Revenues $ 54.__~3,6_8~2
EXI'ENDITURES
FOR FISCAL YEAR 1988-89
Expenditures
Salarie~ 86,140
Benefits (22%) 11.876
Tolal Personal Service~ $98,014
Supphes & Mnterlal~ 6,110
Contract Servlccn 40,523
Professional Development 12,610
Advertinmg 9,625
Insurance 9~'0
Len'~e Paymenls .8..,201
$176,01't
Capital Expenditures
Office Furndurc & Eqmpnmnt 11,130
Total Eapenncs $187,143.
4
COST OF 91 1 SYSTEM
Approximately $1,000,000
Funds Available !0/01//89
~573,441
District Comparison
Revenue vs Operating Expenses
D~strict
Population
Denco 280,000 1 341
54~
Lubbock 230,000
42
Smith 70,000 47
0 10 20 30 40 50 60
Percentde
~ Start Up ~ Development
GROWI~H ASSUMPTIONS
t}Fgro A~EA 9 I I
TI#A#CIAt. I'OAECA~ T
~y PlIO~E C~PANY & CITY
1982 ~ tgn~ ~9
AclUA~ ~R~Oq~ PROJECI~D PROIECI~ pAOJE~IED PROJE~IE~ GR~III
CAAR~TOH 0/~ co ~1,1~0 22,2~9
LEVISVILLE 22,5~? ?9,700
CELI#A 1,131 t,162 1,2~
FRISCO LiTILE ELH a 1,516
#OA#('K~/T#OI'#y/COU#TY 6,913 ?,259 7,62? 8,003 9,403 0,023 5 O0~
CARSOLLIO# 3,799 3,909 &,lO8
LARE OALLA9 6,020 6,100 4,182 4,266 4,351 6,636 200X
CE#TEL
SANOER 2,~57 2,302 2,611 7,645 2,491 ~,537
KflUH 1,238 1,291 t,365 I,&06 1,668 1,5J6
IOJE#STE# 6 6 6 6 6 6
ORAHg TOTAL I16,929 166,798 156,346 16R,3~2 180,5~6 193,509
city of Ertaco IR not e part of the gist?irt lheae nra the namea o( the
nerving central of(Ieee
REVENUE MODEL
# oF ACCB~$
LAK~ ~ALLAS ~,020 4,100 A,182 &,~6 &,3~l &,&~S 2 Oox
IIIIE#SlER 6 6 6 6 6 6 0 BOX
SOIJ/IIU~SIEfl# BELL #/A 4 A&~ & 84X ~ ~BX $ ~OX 5 87X
)I~E#SlEA #/A 000X 000X 0 OOX 000X 000X
AVERAG!
kVfl I1~11
LA~ ~ALLAS 2 8~ ~ 84 ~ 8~ Z 8& ~ fl& ~ 84 0 nos
LAEF GALLA~ 11,4~9 tO,T2& 9,851
~ENSIER 18
bAYS Iff RECEIVABLE
LINE ITEM EXPENDITURES
FINANCIAL FORECAST
ERPENDITURE HOOSL
(9 HONFNR)
1981 BB 1988 89 t9B9 90 1990 91 1991 92 1992 93 AVG
ACTUAL RBOPOSEO PROJECFEO pSOJECFED pROJECTED PSOIECIED GSOUFil
ERPENDITIIRSS'
sALARIES
OATA BASS #ANAGEB 0 26,160 25,126 26,131 27,177 20,266 600X
PUBLIC ED /TRAINING 0 1,667 20,067 20,870 21,?06 ?2,573 600X*
SSCRETARY 0 17,83~ 16,053 16,695 17,363 18,057 0
CO~TRACF LABOR 0 1o720 1,?20 1,500 1,500 1,500
OVEBTIRE PAY 0 2,000 5°000 1,000 1,060 1,082
TOTAL SALARISS 29,692 86,160 108,162 107,979 112,230 116,668 2
REBEFITS LIFE, ADAO 0 5,063 6,502 8,556 11,123 16,660 30
OENEFIIR - RETIREHE#1 0 5,099 5,60? 5,399 5,612 5,033 I
FICA EXPENSE 0 1,220 1,568 1,566 1,627 1,69Z 8
FUTA SXPENSE 0 168 226 226 226 226 7
TOTAL PERSONAL SVCS 29.692 98,016 122,355 126,156 131,256 139,309 9 19~
OFFICE SUPPLIER 6,361 2.806 2.966 3,066 ~,187 3.316
PRINTINg 0 1,000 1,060 1,082 1,125 1,170
POSTAGE 0 1,806 t,876 1,951 2,0Z9 2,110
HAPS & HATEBIALS 5? 500 500 500 500 500 0 00~
IOTAL SUPPLIER &HAF 6,618 6,110 6,362 6,597 6,861 ?,096 3 80X
LEOAL SERVICES 3,69? 10,500 11,000 11,660 11,898 12,376
ACCOUBTI#G 0 5,051 5,303 5,568 5,867 6,139 5
PROFESSIONAL AIJOIT 0 3,000 3,150 3,308 3,4?3 3,667 5
OUTBIDS CONSULTANT 0 15,000 0 0 0 0 N H
PSAP 1RAINING 0 0 1,331 1,611 1,696 1,585 R H
E~IIPHENT HAINTS#ANCE 0 1,880 1,955 2,033 2.115 2,199 600X
RUBAL A00RESSlNG PSOJ 0 0 0 0 0 0
TELSPBOItE SSRVICE ~,067 5,092 5,296 5,508 5,?28 5,95?
TOTAL CONTRACT SVCS 6,764 60,523 20,035 29,268 30,556 31,901 6 6OX*
AUTO ALLOUANcE 1,979 6,500 6,760 ?,03O ?,312 ?,606
PROFSSBIOBAL HEETIBGS 3,233 5,260 5,523 5,799 6,089 6,396 500X
HE#gSBSBIP 222 400 616 600 600 600 000X
SUBSCRIPTIONS 0 650 668 68? 506 526 6 ONX
TOTAL PROFESSIONAL OEV 5,636 12,610 13,167 13,716 16,307 16,925 6 30X
CLASSIFIED 1,560 500 500 520 561 562 2 97X
pRONOTIONR/PUSLIC INFO 0 9,12S 20,000 10,000 10 600 10 016
TOTAL AGVERTI$1BO 1,568 9,625 20,500 10,5~0 10,961 11~370 6
FIgA#CIAL FORECAST
1987 88 1988 89 1989 90 1990 9! 1991 92 199~ 93
LIASlLITY/PROPERTY 0 705 760 ??? 816 85? ~ 00~
ELECTROgIC EQUIPME#T 0 150 158 164 170
AUTO LIABILITY 0 73 79 82 83 89
TOTAL IgSURA#CE 804 930 977 1,023 1,071 1,173 4 83~
LEASE PAYHE#TS EQUIP 0 0 1,000 1,040 1,002
TOTAL OPERATIOgS 69,786 187,143 210,246 204,844 213,279 2?6,809 4 92~
I)EIIPO AsFA 9 t $ 61STRICT
LIllE IIEX I!xPERI)ITtlREq
tXECUTIVE HIRRCIOn 3,t67 3,t67 3,t67 3+1~7 3,167 ~,167 3,295
GAIA SASE HANAG~fl 7,000 2,000 2,000 2,000 2,000 2,000 2,000 2 000 2,000 2,000 2,060 7,060
PU6LIC ~AucAtIOH 0 0 0 0 0 0 0 0 0 0 0 t,667
COfllRACT LAAos 0 0 0 0 0 0 0 0 630 630 630 630
OVEATIHE PAY 0 0 0 0 0 0 6 750 750 500 500 500
TotAL sALARIES 6,~? 6,667 6,667 5,~7 6,~? 5,667 6,793 7,063 7,673 7,773 7,803 9,303
suTA EXPEflSE 32& 0 o o O o 6 o o o o o
OFFICE SUPPLIES 100 J12 t66 250 250 250 750 730 250 730 250 250
pfllXII#O 0 0 200 0 700 0 700 0 200 0 200 0
PoSIAG~ 3SA 0 200 250 0 250 0 250 0 730 0 750
hAPS & RAIEflIALS 0 18 &82 0 0 0 0 0 0 0 O 0
TOTAL SUPPLIES A HATERIA 634 330 1,026 500 650 500 &50 500 630 500 ~30 500
LEfiAL SERVICER 500 500 750 750 750 750 750 750 1,250 1,750 1,250 1,250
pSO?ESqIO#AI IUOIT 0 0 0 0 0 0 0 0 0 0 0 3,000
PqAP EAAINIR6 0 0 0 0 0 0 0 0 0 0 0 0
EOUIPHE#T HAIRTE#Aflr! 0 1,860 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0
~ RURAL AADREq~INO PROJECT 0 0 0 0 6 0 0
TELEPHONE SERVICE 4S3 627 &25 6~5 625 623 6~5 625 6~5 &25 625 425
' TOTAL CO~TflACT SERVICES 3,365 5,128 4,205 5,103 3,605 2,603 2,605 2,505 2,103 2,105 7,105 3,105
AUTO ALLOUAYCE 600 60(I 600 600 &O0 600 650 650 650 650 650 650
_ pROE~SSIOflAL HEE?IXOB 0 660 0 0 0 0 600 0 2,000 0 2,000 0
SUgSCRIP31O~q 0 83 38 t8 36 36 36 36 36 36 36 37
9
~E#CO AREA 9 t t ~I6TRICT
O~IO~ER #OVEHgEA OECEHRER JA#IIAAY FEgRUARY #ARC# APRIL ~AY Itl#E J[ILY AUGII~T qFPTEHRER
~LAS~IFIF~ 0 0 O 0 0 o 0 250 250 0 0 0
- pflotlollollSlPUgLIc IgrORH 0 IZ5 0 0 0 0 0 0 0 0 0 9,000
IOIAL A~VERTI$1flO 0 125 0 0 0 0 0 250 ZSO 0 0 9,000
~LECT#OHIC EOLIIPHEflT 150 o 0 0 0 0 o o o 0 0 0
AUTO LIAglLITY ?~ 0 0 0 0 0 0 0 0 0 0 0
toTAL INSURANCE 6~0 0 ~00 0 0 0 0 0 0 0 0 0
LEASE pAyFIENTq orrlc~ 0 o o o o 8~? 1,159 t,159 t,159 1,159 t,369
LtASE PAYHE#T$ FmJIPHE 0 0 0 0 0 0 0 0 0 0 0 o
CAPIIAL PqJRcIIA~E 0 0 0 0 0 0 8,760
10
PROGRAM BUDGET
1989-90 FISCAL YEAR
DENCO AREA
PROGRAM SUOGET ALLOCATIO~
1989 1990 PROPOGFD
AOMlfl/ LEGAL/ DAIA RASE CO~IFAINITY PSAP
EXPENDITURES MET FINANCE RET EDUCATION IRAIflING TOTAl
SALASlSS
EXECUTIVE DIRECTOR ~8,123 &,Of8 806 7,?~2 0 60,176
~AIA SASE MANAGSR 0 0 2~,870 I,~56 0 25,1~6
PUBLIC ED /TRAINING 5,0I? 0 0 12,060 3,010 20,06?
SECRETARY 8,02? 0 2,&08 6,013 1,605 16,053
CONIRACI LABOR 0 0 1,720 0 0 1,720
OVERTIME PAY 2,500 0 J,250 1,250 0 5,000
TOTAL SALABLES &3,666 6,058 50,05I 25,791 4,615 lO8,1&2
RENETITS LITE, ADAD 3,019 0 t,602 1,868 93 6,582
GSNEFIIB RETIREMENT 2,27& 0 1,316 1,761 106 5,607
FuTA EXPENSE 92 0 59 73 0 226
SUTA EXPENSE 178 0 125 129 0 632
TOTAL PERSONAL SERVICES 6,138 0 3,557 6,226 276 172,355
OFFICE SUPPLIES 1,768 0 589 589 0 2,966
PRINTING 1,060 0 0 0 0 1,060
POSTAGE 1,688 0 188 0 0 1,876
MAPS & MATERIALS 0 0 SO0 D 0 500
oo .
TOTAL SUPPLIES g MATERIALS 6,696 0 t,277 589 0 6,362
LEGAL SERVICES II,OEO 0 0 0 0 11,000
AccOUN?ING 5,303 0 0
PROFESSIONAL AOGIT 3,150 D 0 0 0 3,150
OUTSIDE COVqULTANT 0 0 0 0 O 0
PSAP TBAINIRG 0 0 0 0 1,331 1,331
EOUIPMENT MAINTENANCE 1,369 0 586 0 0 1,953
RUBAL ADGSESBING PROJECT 0 0 0 0 O 0
?SLEPBO#E SERVICE 3,177 0 1,059 $,060 0 5,296
TOTAL COBIRACT SERVICES 23,999 0 1,665 1,06o 1,331 ?8,035
AUTO ALLOUANCE ~500 0 1,610 2,350 500 6,760
PBOTEqSIONBL MEETINGS 5,523 0 0 0 0 5,523
MEHBERSIIIP 616 0 0 0 O 616
SUBSCRIPTIONS 668 0 0 0 0 668
TOTAL PROTESBIONAL OGVELOPMEN! 8,~07 0 1,610 2,350 500 15,167
CLASSIFIED 500 0 0 0 0 SOO
pRO~OTIDNS/PUBLIC INTORMAT 0 8 0 t6,000 6,000 20,000
1orAL AGVERII$1NG 300 0 0 16,000 6,000 20,500
8ENCO AREA 9 I 1
PROGRAM GL~GET ALLOCATION
1989 1990 PRO~OSED
ELECTRONIC E~UIP#E#! 95 0 3Z 32 0 158
AUTO LIABILITY 47 0 16 16 0 79
TOTAL INSURANCE 586 0 195 195 0 9??
LEARS PAYMENTS OFFICE 10,110 0 3,370 3,370 0 16,650
LEASE PAYMGNIN EQUIPHE#T 600 0 200 200 0 1,000
TOTAL LEASE pAYNE#TS 10,710 0 3,$?0 3,570 0 17,850
OFFICE FURNISfllHOS & EQUIPHENT 0 0 0 800 200 1,000
TOTAL EXPENSES 79,570 19,453 31,869 53,105 7,531 ~10,246
12
CAPITAl, EXPENI)I I UIIES
FURNITURE AND EQUIl'MEN i'
1988- 1989
File Cnbinet~ @ $300 $600 00
3t3 00
Bookcases @ $ I 11 8(10 O0
Desk with return 3~0 O0
Chair 3--78 0(~
Printer ~t~nd~ ~ $189 $2,461 (}0
1 Overhead projcctor $600 00
1 Slide projector 500 O0
250 O0
I Slide stand and ~c. recn 200 O0
I Sync recorder 70 O0
I I.,en~ for slide projector 100 O0
Slides and ca~c~ 370 (10
] Portable television 500 00
I Vide{} cassette recorder 350 00
1 35 mm camera 3(}0 00
Film 429 00
Film and shcle proce~nmg
Computer for pnbhe education 4,500 00
Printer 5Q0,0Q
IO~ AL FURNH'URE & EOU1PMENT $11,130 00
'I OTAL CAPITAL EXPENDI I'U P, £~c; $ I I, 130 O0
13
PROGRAM BUDGET
ADMINISTRATION
PURPOSE/OBJECTIVE
Denco Area 9-l-I Dinlrlct in the govermnental enllty crealcd m Ihe Denlo. County ~rea
to implement n.d adlmmqler an enhanced 9-1-1 qy~tem li~e crealmn of the D~lrlct
was approved by the volers of De.ton Omnty on Auguql 8, 1987
DF~CRIPTION OF PROGRAM
* Network include~ 33 cfiie% Ulm~corpornted nreaq of Dent(m C(mnly, 23 pohce
deparhnellt% 20 fire depaHmenl% 2 ambulance coltlpnllleq, nnd 5 lelephone COlllpalllen
* Enhanced 9-l-I ~
A comptsterJzed nelwotk that flutomfltJcally heq fl Iocfll~on lo fl n,m~e and
telephone number
Routeq thin informflhon Io the proper I'SAP
Dinplnyn it (ma qcreen
Enableq belier emerge~cy rcqllollqe
* Keep city boundnrle% streetq, telephone number% and proper emergency re~lmn~c
agenclen current and accurate to determine coverage for enlne D~trmt, m~d achmve hme
linen
SUMMARY OF R~q;OURCF~q;
* DJstrlct staff
* Coordinators rmm each commumty
* Five telephone conlpallmq
* Mulhple computer sy~tem~
14
PROGRAM BUDGET
AI)M1NISTRATI ON
Pnge 2 of 2
GOADS FOR 1988-89
* Provide information to improve emergency re~pon~e services to Denton Coolfly l e~dcntg
by 4th quarter
~stabhsh Advisory O)mmittee by 3rd quarter
* ~tabh~h Publsc Safely User~ Committee by 3rd quarter
AUI ERNATIV~ FOR PROVIDING '1 lie PROGRAM
Citizen mu~t determine Ihe proper 7 or 10 d~g~t emergency number~ of the proper
responding 23 pollce department% 20 fire department% and EMS/ambulance provMers
CONSEQUENCF~ OF NOT FUNDING
* No enhanced 9-14 system
EXPECTATIONS OF FUTURE NEEDS
A'~ cities and population~ grow, more PSAP"~ will be added I Ilo D~tr~ct will become
involved in providing Regional 9-1-1 ~erv~ce through the Counctl of Government~ and
state mandatc~
PROGRAM BUDGET
LEGAL/FINANCE
PURPOSE/OBJECTIVE'
* To Insure District complies with nil legal and statutory requirements
* To insure District operaten In fiscally renponslble manner
SUMMARY OF RESOURCES
* Retain CPA for accouullng nmi fnlancml advice
* Retain attorney for legal advfce
* Utilize finnncml planning constlllant
GOADS FOR 1988-89'
* Negotmte contracts with telephone companies lo provMe 9-1-! service by 4th quarter
* Manage f~Sotlrce~ 10 maximize return Oll Inveslmell[S
ALTERNATIV~ FOR PROVIDINO ~ilE PROORAM
* }lire two staff nlember~ to provide thl~ ~e~cc
CONSEQUENCES OF NOT FUNDING
* District may encounter hablhty lawsull~ as consequence of 9-]-I cnlergellcy call
* Law require~ anllnal audit
EXPEC'F^TION OF FUTUP, E NEEDS
* Tile District will require ongo.lg legal and financial expertise Enhanced 9-1-1 is new
and therefore no case law to c~[abhsh procedure
16
PROGRAM BUDGET
I)ATABASE MANAGEMENT
PURPOSE/OBJECTIVE
* To provide automatic Mentificat~on of caller~ phone number (ANI), ~efv~ce adthe~
(ALI) nnd their respo.~d~le emergency ~cmice provider (l~qN)
D~SCR1PTION OF PROGRAM
Dcvelopnle~[ of comprche~ivc dalabn~e connl~tmg or tclel)honc ctl~lonlcl % Ihelr I,hone
~tlmber~ semite addres~ and re~lXmslble enlcrgency nerv~cc plovldcr ba~cd on
mformalion provided by ~ach authorfly having jur~(hct~(m
* The mn~ter database ~ generated by Lonq~lhl~g nlld 111~111l~111111g Ihlee dcldfl~ol~nl
dntnba~e~ and enduring the nccurncy of dala exchnngcd hetween [our telcphone
companies
* ~he Customer Record IdentlflCahoa (CRIS) Dalabn~c t~ nmmtamcd by cnlcrmg cl,uly
~e~Jce order chnllge~ for new conllecl% dlqcOllllecl~-LOllllecl% type of nerv~ce
Hew nddren~e%
I he Emergency Sc~ice Ntlll]l)cr (~$N) Dalaba~e IS manllanlecl by entering dmnge~
emergency he.ice provlder~ renpon~e area% nlter-l(}tnt agreement% mmcxnt~(m~, de-
8~.exatiofls~ ere De{ermfna(IOll of re~pon~ll}lc Emergency SemeLe Prov~dcr~
RCCOlllpli~hed Ihrongh re~pon~e district bOUlldary idelltlflCallon nnd Elnergeflcy Service
Number tag n~gntnen[ to each Lu~tof~el~ tclephol~e ntm~ber
* The Master Street Addres~ Guide (MSAG) dalaba~e ]~ nmlnlamed by ~ubmflllng the
telepholle company'~ ~trect h~tlng Io conlmulnty (oordmator~ fi~r Ihc~r
correction/vertficM~on Th1~ Lorlecled h~lmg ~ then LOlllp,lled with I( lephone LoIn[1,111y
ctlslolller record% thtl~ creatltlg a 111a~lcr h~tlng or slreet~ (MS.O) ami a LOll cried
cnstomer record database (CRIS)
SUMMARY OF RESOURCES'
* Dalabnne Manager, Commtttnty Coorchnnlor% Emergency .Selvlce l'lov~dcr% I elcl)honc
Companle'; and lemporary help
17
PROGRAM BUDGET
DATABASE MANAGEMENT
Page 2 of 2
GOALS FOR 1988-89
+ Completion of each clatabane, entabhdl/determme phy~,(al acldrc~ for each reu~cleat
wflhm city hm~tn by 4th quarter
* Ensure complete coverage wllhlll district by Emergency Scrv~ce l'rovtder~ by 3rd qu,u
ALTERNATIVF-B FOR PROVIDING 'l lie PROGRAM
Citlzenn will be requtred lo slay on tile hne and gtvc threct~ot~ to the emerge~y
911 he.ice) ~lln could be traced by the telephone company lo deterll~lne the cnllet~
~e~lce nddtc~ (only a~ accurate a~ the dnlnba~e and n Lmm con~mnmg procc~)
CONSEQUENCES OF NOT FUNDING
* The database ~q the "heart" of tile 9 I-1 ,;y~tem Enhanced 9-1-1 nerv~cc
achievable without dntabane (levelopment and c.('plllll~UOUn mamtenna(.¢ of tin clal,i
EXPECTATION OF FU'I URE NEEDS
* There in a contlmml need to maintain tile dalaba~e m au at.curale UlallliCr
Populaholl growth, new CtlstOIllCrS, (hscOlllleCt% ~ervlce chnllgC% dl~tr~ct growth nt~d IlllCr-
local agfeemell[~ belwcetl COIllllltllllhC~ alE] ci11crgellcy ~crvlcc l)rovcr~ are alway~
changing
* There are approxH~alely J,O00 lelephone ~erv~cc o~dcr cha.gc~ complelcd m Ilu~ (h~trlcl
each day
~8
PROGRAM BUDGET
i'UBLIC EDUCATION
PURPOSE/OBJEC-'HVE
* Adequately educate the pnbh~, concerning when lo u~e 9-1-1 aad how to u~e 9-1 I
DF~CRIPTION OF PROGRAM
* Printed j~strUCtlonal materlal~ for twelve mciependent school ch~trtct~, prwate gchool~,
and pre-school~
* Television anti radio
film~ for pubhc se~me annonncements
radio station% wrflten statement~ about the proper u~e of 9-1-1 [Gl pubhc ~crv~ce
announcemenls
* Speaking engagement~
* Safety cxpo~ihons
* Mascot developed through contest m the schools
* ~go'~ printed for EMS vehicle% umform% and bfllboard~
* On-going user awarene~
National 9-1-I Day
9-1-1 Awareness Week
Brochure% po~ter% & colortag book~ dl~trfl~utcd through area grocery ~to~e~ and
city librane~
SUMMARY OF R~OURC~
* District staff, colleges anti umver~l~es, telephone compaa~e% Speaker~ Bureau on
9-1-1, and the State Advkory Colnn~J~lon on 9-14
GOAI~ FOR 1988-89
* Enhanced 9-l-I curr]culun~ m all %hool th~trlct
* Fllnls and public senile nllnouncenlelflS ready for radio & television
19
PROGRAM BUDGET
PUBLIC EDUCATION
l'flge 2 of 2
ALqERNATIVHS FOR PROVIDING q lie PROGRAM
* Enlist leaders frolll COIlllllUlllty or§alllZRl, lOllq ~lld local I)tl~lll~e~
g-Id ~t vnrmu~ ~peakmg cngagement~
* Solicit maximum suppm t from telephone compnmc~, collcgc~ and umver~tm% and school
distr~ct ia providing [Ullchll~ for plluted materml~ for ~chool~
* ~lle~es and unJver~fl~e~ produce [dm~ ,md radm allllouncclll( Ii1~ a~ good wdl p~ojecl
* DOllalJo~ [rom arc~ bueme~ac~ lo [tuld radm aud telcv~mn
* 9-1-1 staff person to coordinate and orgamze thc varmus projecl~
CONSEQUBNCF~ OF NOT FUNDING
* Inadequate pubhcfly leading to the mi~u~e at~d alm~e of thc 9-1-1
* No publicity
HXPHCFATION OF FUq U~E NHHDS
* Pubhc education wdl be ongoing
Rapidly growing area
Mobihly of populnliou
Frequent turnover of umver~ty poptdat~ons
Small children reachm~ agc~ of awarcnes~ aud alnhty Io use the 9-1-1 ~yalem
* Changes ia the ~ze mid nbfldy of lhe 9-1-1 ~ystcm
* Addltion~ to the Denton Cotmty 9-1-1 Dl~lr~cI
2O
PROGRAM BUDGET
TRAINING
PURPOSE/OB IECI IVE'
* Provide perqonnel wilh proper eqtapment for training
~qtlrC technologmal and human aspecl~ of the ~ystcm futlcholl logclhcr to provide
~e~ice the public has come to expect
D~CRIPTION OF PROGRAM
* Eg-l-I interpretnhon of ANI print out nf~cl [tlllclloll~ nad opcratlol~ of ANI con~ole n11cl
CRT screens
* D~qpatch protection
* Criqiq type call~
* Quality assurance program~
* Peer review board to critique handhng or emergency cain
* Cmzen feedback Illechalllqlll
SUMMARY OF RF~OURC~'
* Contract with ccrhricd m~truclor
* D~tnct slaff
* Emergency service providers
* Tcxa~ Elncrgency Number A~ocmt~on
* A~socintion or Pubhc Safety CommunicalKm~ Offlchds
* Advisory Colnm~s~on o~ 9-I-1
21
PROGRAM BUDGET
TI~,INING
Page 2 of 2
GOALS FOR 1988-89
* Train all call-taker~ at each PSAP Iocat,oa by 4th quarter
* E,~tabh~h recommended emergency procedure~ for handhng thrrercnt type~ or emergency
calh by 4th quarter
ALTERNATIVES FOIl PROVIDING 'IIIE PROGRAM
* lhre nddflional staff for training
DO IlO training
CONSEQUENCES OF NOT [,UNDING
* Pubhc expect,~ m~medmte service
* Cnlls may be tntdmndled
EXPECFATION OF FU FURE NEEDS'
* Training wdl be ongoing
* New personnel
* Refresher for call-taker~
* Technology changc~
* Stres~ management
* Medm ~itualion~
* Edocnle cltlzen~
22
N ext Document
2691L
RESOLUTION NO. ~_~
A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE
DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the term of office of Olive Stephens, a member of
the Board of Managers of the Denco 9-1-1 Dlstr~ct having expired;
and
WHEREAS, Article 1432e, Section 5, V.A.C S. provides that two
voting members of the Board of Managers of an Emergency
Communication Dlstrlct shall be appointed jointly by all c~t~es
and towns lying wholly or partly wlth the d~str~ct; and
WHEREAS, the C~ty of Denton, Texas w~shes to nominate a
member to sa~d Board; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES
SECTION IN . Tha~ the C~ty of Denton, Texas hereby nominate
~,~, ~J~ as a member to the B~ard of
Managers-of tSe-Efne~gency Communication District of Denton County.
SECTION II That th~s resolution shall become effective
~mmedla~ely upon ~ts passage and approv.al.
PASSED AND APPROVED this the ~%~day of , 1989.
ATTEST
APPROVED AS TO LEGAL FORM.
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
1721L
RESOLUTION NO.
A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF JULY 4,
1989 TO JULY 11, 1989, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the regular Council meeting of the City of Denton
scheduled for July 4, 1989 is hereby postponed to July 11, 1989,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I. That the regular Council meeting to be held on
July-~-l~e postponed until July,~,ll, 1989. ~
APPROVED this the /~day of ~, 1989.
PASSED
AND
MA OR
ATTEST
R~L~RS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
2678L
RESOLUTION NO. ~-O~-
A RESOLUTION CREATING A CENSUS COMPLETE COUNT TASK FORCE TO PLAN
AND IMPLEMENT LOCAL PROMOTIONAL ACTIVITIES FOR THE 1990 CENSUS.
WHEREAS, the Census Bureau recommends that local governments
establlsh a Census Complete Count Task Force to promote the 1990
census activities in order for the City of Denton to insure a
complete enumeration of all citizens residing within the city
limits on Census Day (April 1), 1990, and
WHEREAS, the City Council of the City of Denton recognizing
the importance of the census and the need for everyone to
participate, wishes to create a Census Complete Count Task Force
to plan and implement local promotional activities for the 1990
census; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES-
SECTION I. That a Census Complete Count Task Force be
created representing a wide-cross section of the City. The
Council hereby charges the Task Force with the responsibility to
plan and implement local publlczty and outreach activities which
wzll motivate all citizens to participate in the 1990 census.
SECTION II. That the Task Force shall be composed of
individuals who represent buszness, labor, government, and
neighborhoods, as well as religious, educational, ethnic,
student, and minority groups.
SECTION III. Each member shall serve a term of office
commencing upon appozntment and continuing through the 30th day
of September, 1990.
SECTION IV. That those members appointed May 23, 1989 shall
serve in the aforementioned capacity.
SECTION V. That this resolution shall become effective
immediately upon 1ts passage and approval.
AND APPROVED this the l~ day of ~4&3~ , 1989.
PASSED
RAY S~h'ENS, mAYOR
ATTEST:
p N~ALTERS, CITY SECRETARY
ROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
2705L
A RESOLUTION TEMPORARILY CLOSING 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 ON SEPTEMBER 16,
1989, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Central Bus~ness Dlstr~ct was once the social
and commercial center of Denton County; and
WHEREAS, the merchants and professionals who continue to
serve the people of Denton from within th~s hlstorlc district
w~sh to commemorate the sp~rlt and tradition of its past; and
WHEREAS, s~nce 1896, the "Court Square" area was transformed
each Saturday from the seat of county government ~nto the social
gathering place for ~ts c~tlzens; and
WHEREASv that structure which remains the h~stor~cal and
sentimental center of our county has undergone a restoration
which w~ll ~nsure ~ts continuing presence as a familiar landmark
on the Denton horizon; and
WHEREAS, the Denton County Courthouse on the Square has
reopened ~ts doors to a proud public; and
WHEREAS, all abutting merchants and proless~onals surrounding
the area have g~ven their permission to the temporary closing of
sa~d streets; and
WHEREAS, County Seat Saturday ~s open to the general public
of the City and County of Denton; and
WHEREAS, ~n order to provide adequate space for County Seat
Saturday, a celebration, and ~n order to protect the safety of
c~t~zens who attend, the C~ty Council of the C~ty of Denton deems
~t ~s necessary to temporarily close the 100 Bloc~ of North Elm
Street, 100 Block of West Oak Street, 100 Block of North Locust
Street and 100 Bloc~ of West H~ckory Street, comprising the
"courthouse Square", from the hours of 6:00 a.m. until 6:00 p.m.
on September 16, 1989; 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
o~ WeSt Oak Street, 100 Block of North Locust Street and 100
Block of West H~ckory Street, comprising the "Courthouse Square",
shall be temporarlly closed as publlc streets or thoroughfares oi
any kind or character whatever on September 16, 1989 from 6 00
a.m. until 6:00 p.m for the purpose of holding "County Seat
Saturday".
SECTION II. That the City Manager shall direct the
appropriate City Department to erect barricades at the 180 Block
of North Elm Street, 100 Block of West Oak Street, 100 Block of
North Locust Street and 100 Block of West Hickory Street, at 6 00
a.m. and to have the same removed at 6-00 p.m. on September 16,
1989.
SECTION III. That the portion of the above described streets
shall revert back to the City for normal traffic act~vlty
~mmed~ately from and after 6:00 p.m. on September 16, 1989.
SECTION IV. That this resolution shall take effect and be in
full force and effect from and after the date of ~ts passage and
approval.
PASSED AND APPROVED th~s the 13~day of June, 1989.
ATTEST
J rFER/ A TERS, C TY SECRETARY
APPROVED AS TO LEGAL FORM'
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
2714L
RESOLUTION NO. ~~
A RESOLUTION ADOPTING POLICIES REGARDING A DRUG FREE WORKPLACE
AND EMPLOYEE ASSISTANCE PROGRAMt AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Director of the Personnel/Employee Relations
Department for the C~ty of Denton has presented the proposed
policies regardzng a Drug Free Workplace and Employee Assistance
Program for the Council's consideration, and
WHEREAS, the C~ty Council desires to adopt such policies as
offlclal policies regarding employment with the City, NOW,
THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON
SECTION I. The following policies, attached hereto and made
a part hereof are hereDy adopted as o~f~c~al policies of the C~ty
of Denton, Texas.
108.11 Drug Free Workplace
107.10 Employee Assistance Program Policy
SECTION II. The foregolng policies are attached hereto and
made a part hereof and shall be filed in the o~lclal records
w~th the C~ty Secretary.
SECTION III. The Employee Rules and Regulations of 1976
adopted by Resolution of the C~ty Council on FeOruary 1, 1977,
are hereby resclnded to the extent they conflict with the
foregoing policies and with any administrative procedures and
directives lssued under the authority of the City Manager
~mplementlng the pollcles hereby adopted.
SECTION IV. Th~s Resolution shall become effective Immedi-
ately upon ~ts passage and approval
PASSED AND APPROVED this the ~'~"~ay of , 1989.
ATTEST
DEBRA ADAMI DRAYOVITCHt CITY ATTORNEY
!
CITY OF DENTON FADE
REFERENCE
SECTION NUMBER
PBRS0~EL/;~PLOYBE RgLATIONS 108
EFFECTIVE DATE
SUBJECT
STANDARD OF CONDUCT FOR EMPLOYeeS 06/20/89
REPLACES
TITLE
DRUG. FREE WORKPLACE
POLICY STATE~NT
It ia the policy of the City of Denton to provide employees with a working
environment that is free of the problems associated with the uae and abuse of
controlled substances The use of oontrolled substances is inconsistent with
the behavior expected of employees and subjects the City to unacceptable risks
of workplace eccidente or other failures that would undermine the City's
ability to operate effectively and efficiently The City considers employees
who use such substances to be leas reliable and stable and lacking in good
Judgment Noncompliance with the policy set forth below will result in
disciplinary aotion
[. The non-prescriptive use, sale, poeeesaion, distribution, dispensation,
manufacture, or transfer of controlled substances on City property or
other work sites where employees may be assigned or elBewhere during
work hours is strictly prohibited Further prohibited is the use,
sale, poesea$ion, distribution, dispensation, manufaeture, or transfer
of controlled substances on non-working time to the extent such
activity impairs an employee's ability to perform his/her Job or where
such use, sale, possession, distribution, manufacture, or transfer
affects the reputation of the City to the general public or threatens
its integrity ~erBone violating the City policy will be subject to
dtse~plinary action, ~hleh may include termination for a firet offense
Ii. gmployees who are convicted of controlled substances-related violations
in the workplace under state or federal law or who plea~ guilty or nolo
contenders to such charges must inform the Director of
Pereonne~/Employee Relations or designated representative and
Department Director or designated representative within five (5) days
of such conviotion or plea Failure to do so will result in
dieciplinary action, includ~ng termination from employment for a first
offense Employees oonv£cted or pleading guilty or nolo contenders to
auoh drug-related violations must successfully complete a drug abuse
aeaistance or similar progra~ ab a condition of continued employment or
re-employment
"Controlled Substance" is defined to mean those drugs listed in Schedules I
through V of Section ~O~ of the Federal Controlled Substances Act, ~1U S C
§ 81~, and includes, but is not limited to, marijuana, eoDaine (including
'c~ack" and other cocaine derivatives), morphine, heroin, amphetamines, and
barbiturates ~hen used in th~e policy, the tez~n "drugs" means "controlled
substances? The term does not include those controlled substances used
pursuant to and in aceord&nce ~lth a valid prescription
Pa~e, ~ of
I
TITLE: DRUG F~E ~O~PLACg I~ER' 108 11
I
ADMINISTRATIVE PROCEDURES
I GENERAL
The City of Denton shall, in compliance with the Omnibus Drug
Initiative Act of 1988, take those steps required by the Act to ensure
that its workplace is a drug-free workplace All employees shall
receive a copy of the City's "Policy Regardiug Controlled Substance
Abuse," Appendix I Upon approval of this policy, current employees
shall be issued a copy of the policy and all persons newly hired by the
City shall receive a copy of the policy during the new employee
orientation process Any employee found in violation of this policy
shall be disciplined and such discipline may include termination or the
successful completion of a drug rehabilitation program The City
provides an Employee Assistance Program which is designed to assist
employees and their families with personal and behavioral problems that
have or could adversely affect Job performance
II DRUG FREE AWARENESS PROGRA~
A The Personnel/Employee Relations Department shall publish a policy
statement notifying all employees that the City is committed to
maintainin~ a drug free workplace This policy statement shall be
given to all persons newly hired by the City during new employee
orientation
B The City shall estahlish a drug free workplace awareness program to
make employees aware of the dangers of drug abuse and the
assistance that is available to combat this problem This program
shall include an educational component designed to inform employees
of the dangers of drug abuse in the workplace This program shall
inform all employees of the City's commitment to maintaining a drug
free workplace. The program shall direct employees to seek
assistance through the City's Employee Assistance Program and
inform employees of other con~nunity resources available The
program will further alert employees to the penalties and
consequences they will incur for drug abuse violations in the
workplace
C Employees must, as a condition of employment
1. Abide by the terms of the City's "Policy Regarding Controlled
Substance Abuse", and,
Notify their supervisory or Department Director and Director of
Personnel/Employee Relations or designee of any criminal drug
statute conviction for a violation (or a plea of no contest)
occurring at the workplace no later than five (5) days after
such conviction.
A Department Director upon receiving notification of an employee's
conviction of a violation (or plea of no contest) must notify the
Director of Personnel/Employee Relations in~nediately, the Director
of Personnel/Employee Relations will in turn notify the af£ected
Department Director should he/she be informed Director off
Personnel/Employee Relations must ensure that the appropriate
federal fundin£ agency is notified of the conviction within ten
(lC) days after the City was notified of the conviction
The Omnibus Drug Initiative Act of 1988 requires the City to take
appropriate disciplinary action within thirty (~0) days after
reoeivin~ notice of an employee's conviction of a violation (or a
plea off no contest) of a criminal drug statute occurring at the
workplace The disciplinary action may include termination or a
requirement that the employee satisfactorily participate in and
complete a d~ug assistance or rehabilitation program as a condition
of continued employment The action taken will be considered on a
case-by-case basis Such decisions shall include the advice and
counsel of the Personnel/Employee Relations Department and the
Legal Department, and the City's disciplinary and appeals policies
and procedures shall be followed
Supervisors who suspect an employee is involved in some illegal
drug related activity will notify their Department Director and
Director of Personnel/Employee Relations or designee in~ediately to
dete~mine appropriate actions All supervisory personnel shall
read and be familiar with this policy and the City's Employee
Assistance Program
130§e
Pete 4 of
POL~CY/ADMTNISTRATZVE PROC~UR~/ADP. ZNZSTRATZVE DIRlIC~fli
TIT~: DRUG ~g WORKPLAC~ [~gR: 108 11
~PENDIX I
POLICY ~ARDING ~ON~HOLL~D 8UB~C~ ~US~
It is the policy of the City of Denton to provide employees with a workin8
environment that is free of the problems associated with the use and abuse of
controlled substances The use of controlled substances is inconsistent with
the behavior expected of employees and subjects the City to unacceptable risks
of workplace accidents or other failures that would undermine the City's
ability to operate effectively and ef£iciently The City considers employees
who use such substances to be less reliable and stable and lacking in good
Judgment Noncompliance with the policy set forth below will result in
disciplinary action
I The non-prescriptive use, sale, poesession, distribution, dispensation,
manufacture, or trans£er of controlled substances on City property or
other work sites where employees may Be assigned or elsewhere durin~
work hours is strictly prohibited Further prohibited is the uae,
sale, possession, distribution, dispensation, manufacture, or transfer
of controlled substances on non-working time to the extent such
activity impairs an employee's ability to perform his/her Job or where
suoh use, sale, possession, distribution, manufacture, or transfer
affects the reputation of the City to the general public or threatens
its integrity Persons violating the City policy will be subject to
disciplinary action, which ma~ include termination for a first offense
Employees who are convicted of controlled substances-related violations
in the workplace under state or federal law or who plead guilty or nolo
contenders to such charges must inform the Director of Personnel/
Employee Relations or designated representative and Department Director
or designated representative within five (§) days of such conviction or
plea Failure to do so will result in disciplinary action,
termination from emplo~ent for a first offense Employees convicted or
pleadin~ guilty or nolo contendere to such dru~-related violations must
successfully complete a drug abuse assistance or similar progra~ as a
condition of continued employment or re-employment
I have read and understand the foregoing policies and agree to abide by the
terms and conditions set £orth
Employee Signature Date
"Controlled Substance" is defined to mean those drugs listed in Schedules I
through V of Section 202 of the Federal Controlled Substances Act, 21 U S C
§ 812, and includes, but is not limited to, marijuana, cocaine (including
"crack" and other cocaine derivatives), morphine, heroin, amphetamines, and
barbiturates. When used in this policy, the term "drugs" means "controlled
substances." The term does not include those controlled substances used
pursuant to and in accordance with a valid prescription.
CITY OF DENTON
POLICY/ADMINISTItA?IVB PROCUDUItB/ADMIHiSTRATiYE DIltECTI¥!
REFERENCE
SE~O~ NuMeE~
P~RRnM~T,~L~Y~ RKLATIONE 107 10
E~LOYEE BENEFITS ~D SERVISES 06/~0/89
TIT~ REP~CES
POLICY STATE~NT
It is the policy of the City of Denton to provide counseling, resources
assistance, and other support to employees and their dependents who ~ay he
experiencing on- or off-the-Job, personal difficulties that may be affecting
their work perforumnce, work productivity, or ability adversely It is
recognized that problems not directly related to an employee's Job duties and
responsibilities can have a negative effect on that person's Job performance
~n some situations neither the efforts of the employee nor the supervisor have
the desired effect of resolving the employee's performance proble~ or
unsatief~ctory perforce This s[tu~tion could persist over a peri~ of
ti~, either const~tly or inte~[ttently In those cases, it is the purpose
of the E~ployee Assiet~ce Pro~r~ to ~rovide counse[in~ ~d assist~ce to
help the employee resolve their problem
It is the goal of the C~ty of Denton to assist employees in seekin~ recourse
to deal constructively ~ith personal or behavioral problems that have or could
~verse~F affect Job perfo~nce or ~ob productivity Th~s applies ~hether the
problem ~s one of physical illness, mental or emotional distress, ~rital or
f~ily discord, alcohol[sm, drug use or abuse/~diction, legal ~tters,
financial d~fficulties, or other ~oncerns
The ~mployee Ass~st~ce ~ogr~ is avail~ble to all full-time ~d part-time
employees, their [~ed[ate f~llies ~d dependents
~HIN~ST~TIVE PROCEDURES
GENE~
The purpose of the Employee Assist~ce Progr~ is to assist employees
to identi~y on- or o~f-the-Job personal or behavioral problems that are
~versel2 impacting their work perSo~ce, work productivity, or
ability, ~o identify and locate appropriate medical, emotional,
p~sical, ffin~clal, legal, or other appropriate resources, and to
assist the employee (or ~ily/dependent) in dealing with the problem
in a constructive fashion for a long-te~ positive solution to the
problem.
~n most cases, the employee will overcome such personal problems
independently and the impact on the Job will be negligible In other
instances, normal supervisory assistance may serve wither as motivation
or guidance by which such problems can be resolved so that the
employee's Job performance will return to an acceptable level
A. Referral
~/hen an adverse behavioral problem or unusual Job performance
problem arises, the employee may be referred to the program by
his/her supervisor Employees may independently seek assistance
without supervisory referral
B Confidentiality
Employees an/or dependents seekinE assistance through the Employee
Assistance Program are assured that reasonable efforts will be made
the provide services within strict principles of confidentiality
The official personnel record of an employee ~ill not include
lnform~tion concerning an employee's personal or behavioral problem
except as it might apply to specific behaviors that relate to Job
performance and/or disciplinary actions because of violations of
City policies, procedures, rules, etc All RAP records will be
kept under separate security arrangements in the Personnel/Employee
Relations Department and separate from the employee's official
personnel files The City will comply with all applicable federal,
state, and local laws regarding the release of records
C Use of Vacation, Sick Leave, and Other Leaves of Absence
An employee participating in the EAP may request the use of any
accrued sick leave or vacation to continue receiving pay and
benefits while involved in a program Employees who have
insufficient accruals of sick leave or vacation may request a leave
of absence without pay, The use of vacation, sick leave, or a
leave without pay will be granted in accordance with established
policy giving consideration to the nature of the request and the
needs of the department and City organization It is the
employee's responsibility during a leave without pay to pay any
life, health, and disability insurance premiums or other deductions
that normally are deducted from the employee's pay check during
participation in the EAP
D Job Performance/Disciplinary Action
Participation in an EAP Prosram will not substitute for improved
Job performance, Job productivity, ability, or meeting established
Job standards defined by the department Should an employee's
performance remain at an unacceptable level or not improve within
the time frames established by the supervisor, an employee mey
still be subject to disciplin&ry action up to and lncludi~
termination
E Consideration for Other Employment Opportunities
The fact that an employee is participatin~ in an EAP Program will
not be used as a f&ctor in a decision to deny a promotional
opportunity However, continued employment or promotional
consideration will be dependent upon current satisfactory
performance in the current position and the established
qualifications and selection criteria being used as the basis for a
promotional position Employees participatin~ in an EAP Program
may compete for open positions based upon their qualifications for
the position, without consideration, either favorable or
unffavorable, &s a result of involvement in the EAP Program
II PROCEDURES AND GUIDELINES IN USING THE EMPLOYEE ASSISTANCE PROORA~
A To request assistance, an employee, supervisor, or family/dependent
member may telephone or visit the City's Personnel/Employee
Relations Department
B Supervisors should use the EAP to assist and motivate the employee
to take corrective action for an on- or off-the-Job personal
problem that is affectin~ Job performance, Job productivity, or
ability adversely Since variations in Job performance,
absenteeism, or tardiness are more apparent than their causes, the
role of the supervisor is to identify the specific Job performance
problem(s) only and not diagnose their personal problem(s) of the
employee It is very important for the supervisor to document the
specific behavior the employee is demonstrating (l e , difficulty
in motor functions, slurred speech, stumblin~, glassy eyes, odor on
the breath, patterns or absenteeism or tardiness, specific Job
related inability to meet established performance standards, otc )
Page ~ of___~__
pO~.ICY/ADHIN~ST~ATIVE PROCEDURE/ADMINISTRATiVE DIP~CTIYg (Continued)
TITLE E~PLOYEE ASSISTANCE PROGRA~ I Nt~gR' 107 10
C An employee may request, accept, or refuse services from the gAP
However, it must be clearly communicated to the employee that
refusal to accept a supervisor directed referral to the gAP places
the responsibility to correct any performance problem or other
on-the-Job related difficulty directly on the employee
Employees who are given notice of poor Job performance must bring
their performance hack to an acceptable standard or they will he
subject to a written agreement mede with their supervisor,
disciplinary action, or both, for unsatisfactory performance,
regardless of their level of involvement in the gAP
D Payment for Services
Employees requiring in-patient or out-patient substance abuse or
other treatment are responsible for arranging for the payment of
all costs associated with those activities Some costs may be
funded through available health insurance coverage
The affected department may choose to assist the employee with a
portion of the financial aspects of a particular program Payment
for services by a department will be handled on a case-by-case
basis with consideration being given to the employee's cooperation
in recognizing and dealing with the problem in a constructive
manner, compliance with the professional (psychologist,
psychiatrist, etc ) therapy and counseling directions and
prescriptions in order to address and correct the problem
1306e
2358L
RESOLUTION NO. ~
A RESOLUTION TEMPORARILY CLOSING INTERSTATE 35-E FRONTAGE ROAD,
FROM ITS INTERSECTION WITH AVENUE E TO ITS INTERSECTION WITH
BONNIE BRAE ON JULY 4, 1989; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Richard Gore, representing the Denton K~wan~s Club,
is requesting that Interstate-35E frontage road, ~rom ~ts
intersection with Avenue E to its intersection with Bonnie Brae, a
public street wzth~n the corporate l~mlts of the C~ty of Denton,
Texas be temporarily closed to public vehicular traffic between
the hours of 7 00 p.m. to 10'00 p.m. on July 4, 1989, for the
purpose of having the Sixteenth Annual Children's Clinic F~reworks
Spectacular; and
WHEREAS, R~chard Gore, representing the Denton Kiwanis Club,
has assured the C~ty Council that the Texas Highway Department of
the State of Texas has agreed to the temporary closing of the
frontage road of Interstate 35-E; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON
SECTION I. That Interstate 35-E frontage road, ~rom ~ts ~nter-
section with Avenue E to ~ts ~ntersect~on with Bonnie Brae, a
public street in the corporate l~m~ts of the Czty of Denton, Texas,
be temporarily closed to vehicular traffic from the hours of 7 00
p.m. tO 10:00 p.m. on July 4, 1989, for the purpose of having the
f~reworks spectacular.
SECTION II. That the C~ty Manager shall d~rect the appropriate
c~ty department work w~th the Texas H~ghway Department in erecting
barricades on Interstate 35-E frontage road, from its ~ntersectlon
w~th Avenue E to ~ts ~ntersectzon with Bonnie Brae, at 7 00 p.m.
and to have the same removed at 10'00 p.m on ~ald date.
PASSED AND APPROVED this the~___~'~"ay of , 1989.
ATTEST:
A~PROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
Document
2727L
RESOLUTION NO. ~_~
A RESOLUTION APPOINTING RAY STEPHENS TO THE BOARD OF DIRECTORS OF
THE TEXAS MUNICIPAL POWER AGENCY AND DECLARING AN EFFECTIVE DATE.
WHEREAS, term of office of Ray Stephens for Place 1 on the
Board of Directors of the Texas Municipal Power Agency has
expired, and
WHEREAS, Ray Stephens was heretofore appointed by the City
Council of the City of Denton, Texas to Place 1 on the Board of
Directors of the Texas Municipal Power Agency and has since been
serving as a Director, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS.
SECTION I. Pursuant to the terms and provisions of Ordinance
No ~]~the City of Denton, Texas, Ray Stephens is hereby
appointed to the two year term of office to Place 1 on the Board
of Directors of the Texas Municipal Power Agency, the term of
office beginning July 31, 1989 and ending July 30, 1991.
SECTION II. This Resolution shall become effective from and
after its date of passage, and it is so ordered.
PASSED AND APPROVED this the llth day of July, 1989.
HOPKINS-
ATTEST
1-F~R~A~TERS, CITY -SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
NeXt Document
CITY OF DENTON, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS AUTHORIZING THE LIQUIDATION AND
DISSOLUTION OF UPPER TRINITY MUNICIPAL WATER
AUTHORITY, INC. (THE" CORPORATION"); APPROVING A
PLAN OF DISTRIBUTION OF THE ASSETS OF THE
CORPORATION, APPROVING AN ASSIGNMENT AND
ASSUMPTION AGREEMENT BETWEEN THE CORPORATION AND
UPPER TRINITY REGIONAL WATER DISTRICT (THE
"DISTRICT") AND AUTHORIZING AND APPROVING THE
TRANSFER OF ALL OF THE FUNDS AND PROPERTY OF THE
CORPORATION TO THE DISTRICT IN ACCORDANCE WITH
SAID PLAN OF DISTRIBUTION AND ASSIGNMENT AND
ASSUMPTION AGREEMENT.
WHEREAS, pursuant to Interlocal Agreement dated March 1,
1988 among the Cxty of Denton, Texas (the "City") and the City
of Lewlsvzlle, Texas the Corporation was formed under the Texas
Non-Profit Corporation Act for the purpose of establzshxng,
developing and admlnlster=ng a regional water supply and
wastewater treatment and dxschsrge program for the benefxt of
the Cxt~es of Denton, Texas and Lewlsvllle, Texas (the
"Part~cipsnts") and any other participating pol~tlCal
subdlv~Sion;
WHEREAS, pursuant to H.B. 3112, as passed and enacted by
the 1989 Texas Legislature (the "Act") the D~strlct has been
created by the Legislature of the State of Texas,
WHEREAS, the Distrxct is authorized by the Act to succeed
to and assume all of the r~ghts, privileges, duties and
responsibilxt~es, xncludlng contractual obl~gatlons, of the
Corporation;
WHEREAS, the Corporation deszres to lxquldate and
d~ssolve in accordance with a Plan of D~stributlon (here~n so
called) of ~ts assets in the form of Exhxb~t A attached hereto
and ~ncoporated herexn by reference;
WHEREAS, pursuant to the Act, the Corporation desires,
subject to the prior authorization and approval of the
Part~czpants, to assign and transfer all of zts funds and
property to the Dlstrlct upon the assumption by the Dlstr~ct of
all of the lzabil~txes and oblzgatlons of the D~str~ct, all ~n
accordance w~th the Plan of Dlstr~but~on and an Assignment and
Assumptzon Agreement (herein so called) between the Corporation
and the District in the form attached as Annex II to the Plan
of Distrzbut~on;
WHEREAS, upon dxssolut~on of the Corporation the
Participants are entitled to d~str~butlon of all funds and
property of the Corporation, after sat~sfactlon or prov~szon
for the debts and claims of the Corporation;
WHEREAS, the City deslres hereby to authorxze and approve
the dissolution of the Corporation and the transfer and
assignment of all of their respective r~ghts and interests ~n
and to the funds and property of the Corporatxon to the
D~str~ct xn accordance with the Plan of D~str~butlon and the
Assxgnment and Assumption Agreement;
NOW THEREFORE, BE IT RESOLVED BY THE CI~ COUNCIL OF THE
CI~ OF DENTON, TEXAS AS FOLLOWS:
SECTION 1. The foregoing preamble and recitals are
declared to be true and correct and are hereby incorporated
~nto thls Resolution
SECTION 2. The City hereby approves the liquidation
and d~ssolut~on of the Corporation ~n accordance w~th the Plan
of D~stributlon and the Assignment and Assumption Agreement.
SECTION 3. The City hereby authorizes and approves the
transfer, assignment and dxstrzbutzon to the D~strxct of all of
the City's rights and interests in all of the assets, funds and
property of the Corporation of any kind, real, personal or
mixed, xncludlng contracts, contract r~ghts and contractual
obligations and all rights, privileges, duties, and
responszbzl~txes lncxdent thereto (the #Corporatxon Assets") in
accordance with the Plan of Dlstrlbut~on and the Assignment and
Assumptzon Agreement.
SECTION 4. The Mayor and C~ty Manager of the City are
each hereby authorxzed and empowered, on behalf and in the name
of the City, to execute and deliver any and all documents and
~nstruments, and to do and perform any and all acts and things
as either of them deems necessary or appropriate, to carry out
the purposes of this Resolution and to evidence the C~ty's
authorlzatxon and approval of the transfer of the Corporate
Assets to the District by the Corporation.
PASSED AND APPROVED this J~ day of ~~ 1989
0460X
--2--
ATTEST.
S~3~a~y~ C{ty of Denton, Texas
Approved as to form:
C'~y Attorne~ -' - ~
0460X
--3--
Exhibxt A
Plan of Distribution
Upper Trinity Mun~cxpal Water Authority, Inc.
(the #Corporation")
1. The Corporation shall cease to conduct ~ts affairs
except insofar as may be necessary for the w~ndlng up thereof.
2. Notice of dissolution of the Corporation shall be
sent to creditors and claimants of the Corporation as required
by law.
3. The debts and obl~gatlons of the Corporation
l~sted on Annex I attached hereto shall be paxd ~n full
4. Pursuant to an Assignment and Assumption Agreement
~n the form of Annex II, attached hereto, and ~ncorporated
herein by reference, all rema~nlng assets, funds and property
of the Corporation of any k~nd, real, personal or mixed,
· ncludlng contracts, contract rights and contractual
obligations, and all rights, privileges, duties and
responsibilities lncldent thereto shall be transferred and
assigned to Upper Trinity Regzonal Water D~str~ct (the
"District") upon and subject to the District's agreement to
pay, perform and discharge all of the llabillt~es, debts,
oblxgatlons, rights, privileges, duties and respons~b~lztles of
the Corporation.
0460X
--4--
Annex I
Outstanding debts to be paid prior to dissolution: NONE.
0456X
--5--
ASSIgnMENT AND ASSUMPTION AGREEmeNT
This A~s~ignment an~Assumptio, n Agreement made and en.te.red
xnto this r/~ day of ~.6~, 1989 between Upper Trinity
Municipal / Water Authority, Inc., a Texas non-p.rofit
corporation, (the "Corporation") and Upper Trinity Regxonal
Water District, s political subd~visxon of the State of Texas
(the "District").
WITNES SETH
WH_EREAS, the Corporation was formed under the Texas
Non-Profit Corporation Act for the purpose of establxshing,
developing and administering s regional water supply and
wastewater treatment and discharge program for the benefit of
the Cities of Denton, Texas and Lewisvi lle, Texas (the
"Cities") and any other participat~ng political subdivision;
WHEREAS, pursuant to H.B. 3112, as passed and enacted by
the 1989 Texas Legislature (the "Act") the Upper Trinity
Regional Water District (the "District") has been created by
the Legislature of the State of Texas;
WHEREAS, the District is authorized by the Act to succeed
to and assume all of the rights, privileges, dutxes and
responsibilities, including contractual obligations, of the
Corporation;
WHEREAS, the Corporation desires to l~quidate and
dtssolwe and, in furtherance thereof, to transfer all of its
funds and properties to the District as contemplated by the Act;
WH. EREAS, upon dissolution of the Corporation the Czties
are entitled to distribution of all funds and property of the
Corporation, after satisfaction or provision for the debts and
claims~ of the Corporation;
WHEREAS, the Cities have authorized and approved the
dzssol~tion of the Corporation and the transfer and assignment
of all of thexr respective rights and interests ~n and to the
funds ,and property of the Corporat,on to the Dxstrict upon and
in ac0ordance with the terms and conditions set forth in th=s
Assignment and Assumption Agreement;
NOW THEREFORE, for the consxderatzon above specifxed the
recelp~ and sufficiency of whxch is expressly acknowledged; the
Corporation and the Dxstrict do hereby covenant, contract and
agree as follows:
1. The Corporation has GRANTED, CONVEYED, SOLD,
TRANSFERRED, SET-OVER AND DELIVERED, and by these presents does
hereby aRANT, CONVEY, SELL, TRANSFER, SET-OVER and DELIVER unto
the Distrzct sll of the assets, funds and property of the
Corporation of any kind, real, personal ox mixed, ~ncluding
contrabts, contract rights and contractual obligations and all
rights, prxvileges, duties and responsibllit~es xncxdent
theretb, including, without limxtatxons, the followxng:
(i) All fixed assets, inventory and personal property
of the Corporation;
(ii) That certain Interlocal Agreement, dated as of
March 1, 1988, between the Cities , as approved, accepted
and agreed by the Corporation on May 12, 1988, including
&ll of the Corporation's rights and interests in and to
the Program, as defined and described therexn;
(iii) That certain Regional Wastewater Treatment System
Participating Member Contract (Lxttle Elm Project - SE),
dated June 16, 1989, between the Authority and the City
of Little Elm, Texas, including all of the Corporation's
rights and interests in and to the System, as defined and
described therein;
(iv) Contract for professional engineering services
between the Corporation and Espey, Huston & Associates,
Inc., dated June 16, 1989;
(v) Contract for legal services between the
Corporation and Hutchison Boyle Brooks & F~sher, dated
May 11, 1988;
(vi) Contract for financial advisory services between
the Corporation and First Southwest Company, dated May
12, 1988;
(viL) Contract for personal services between the
Corporation and Thomas E. Taylor, dated May 1, 1989;
(viii) Letter Agreement between the Corporation and The
City of the Colony, Texas, dated April 4, 1989;
(ix) All funds, bank accounts, certlf~Cates of deposit,
investments and securities;
(x) All studies, reports, plans, designs, and
~oncepts, all engineering, professxonal, financial and
ethnical data and all work in progress developed in
respect of the Program and the System, including all such
~tems developed under, pursuant to or in furtherance of
any of the contracts and contract rxghts assigned hereby;
(xi) All files, documents, books, records, other than
0462X
--2--
the corporate books, records and seal of the Corporation;
(xii) All insurance, insurance policies, warranties,
guaranties and performance obligations issued to, held by
Or benefiting the Corporation~
(xiii) All rights, claims, choses ~n action, and causes
of action, whether known or unknown, choate or ~nchoate~
(xiv) All trade marks, trade names, service marks and
proprietary informstion~ and
(xv) All accounts, accounts receivable and rights to
receive or enforce the payment or collection of monies~
to have and to hol~, sll and s~ngular, unto the D~str~ct
forever. The Corporation goes hereby b~nd itself to WARRANT
an~ FOREVER DEFEND title to the foregoing property unto the
District, against the lawful claims and demands of all persons.
2. From time to time on and after the date hereof, at
the request of the District, the Corporation will execute and
deliver to the District such other instruments of conveyance
and transfer and take such other sctlon ss the District may
reasonably require more effectively to convey, transfer to and
vest in the District, &nd to put the district in possession of,
any of the rights, properties or assets conveyed, transferred
and delivered to the District hereunder.
~. The D~str~ct hereby assumes and agrees to pay,
perform and discharge all of the liab~lities, debts,
obligations, rights, privileges, duties and respons~bllities of
the Corporation =n respect of the rights, properties and assets
conveyed, transferred and delivered to it pursuant hereto.
4. This Assignment and Assumption Agreement constitutes the
entire agreement between the Corporation and the D~str~ct
pertaining to the properties and rights assigned here~n and
superssdes all prior and contemporaneous agreements and
understandings of the Corporation and the District
connection therewith. No covenant, representation or condition
not expressed herein shall be binding upon the Corporation or
the D~strict Or shall affect or be effective to interpret,
change Or restrict the provisions of th~s Assignment and
Assumption Agreement.
5. This Assignment and Assumption Agreement an~ the
provisions herein contained shall be binding upon and ~nure to
the benefit of the Corporation and the District and their
respective successors and sssigns.
0462X
--3--
EXECUTED on the day and year first oet forth above,
effective for sll purposes on and as of such date.
UPPER TRINITY MUNICIPAL WATER
AUTHORITY, INC.
UPPER TRINITY REGIONAL WATER DISTRICT
Title: P~-.~-.~.~D~--.~,~"C
0462X
--4--
JPPER TRINITY MUNICIPAL
WATER AUTHORITY, INC.
ARTICLES OF DISSOLUTION
- Pursuant to the provisions of Article 6.05 of the Texas
Non PrOfit Corporation Act, the undersigned corporation adopts
the £ollowing Articles of Dissolution for the purpose of
dissol~ing the corporation:
1. The name of the corporation is Upper Trinity
Municipal Water Authority, Inc.
2. A resolution to dissolve was adopted in the
following manner:
A resolution to disolve was adopted at a meeting
of the board of directors held on June a ,
1989, and received the vote of a majority of the
directors in office, there being no members having
voting rights in respect thereof.
3. All debts, obligations and liabilities of the
corporation have been paid and discharged or
adeguate provision has been made thereof.
4. All remaining property and assets of the
corporation have been transferred, conveyed or
distributed in accordance with the provisions of
the Texas Non-Profit Corporation Act.
5. There are no suits pending against the corporation
in any court.
EXECUTED this ~_~ day of ~~ 1989.
UPPER TRINITY MUNICIPAL
WATER AUTHORITY, INC.
Its: ~/~
an Authorized Officer
0458X
RESOLUTION NO.' 1469-7-89 (R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LEWISVILLE, TEXAS AUTHORIZING THE LIQUIDATION AND
DISSOLUTION OF UPPER TRINITY MUNICIPAL WATER
AUTHORITY, INC. ( "THE CORPORATION" ) ~ APPROVING A
PLAN OF DISTRIBUTION OF THE ASSETS OF T~:
CORPORATION ~ APPROVING AN ASSIGNMENT AND
ASSUMPTION AGP. EEMENT BETWEEN THE CORPORATION AND
UPPER TRINITY R~.GIONAL WATER DISTRICT (THE
"DISTRICT" ) AND AUTHORIZING AND APPROVING THE
T~ANSFEN OF ALL OF THE FUNDS AND PROPERTY OF THE
CORPORATION TO THE DISTRICT IN ACCORDANCE WITH
SAID PLAN OF DISTRIBUTION AND ASSIGNMENT AND
ASSUMPTION AGREEMENT.
WHERF2%S, pursuant to Interlocal Agreement da=ed March 1, 1988
among =he City of Lewisville, Texas (the "City") and =he City of
Denton, Texas, the Corporation was formed under the Texas Non-Profit
Corpora=ion Act for the purpose of establishing, developing, and
administering a regional water supply and wastewater treatment and
discharge progr&m for the benefit of the Cities of Lewisville, Texas
and Denton, Texas (the "Particip&nts") and any other participating
political subdivision~
WHEREAS, pursuant to H.B. 3112, as passed and enacted by the 1989
Texas Le~islature (The "Act") the District has been created by the
Legislature of the State of Texas~
RESOLUTION NO. 1469-7-89 page 2
WHEREAS, the District is authorized by the Act to succeed to and
assume alt of the rights, privileges, duties and responsibilities,
includinglcontr~ctual_ obligations, of the Corporation~
WHE~AS, the Corporation desires to liquidate and dissolve in
accordance withla Plan of Distribution (herein so called) of its
assets in the form of Exhibit A attached hereto and incorporated
nereinbYlrefer~ncel
WHER~S, p~rsuant to the Act, the Corporation desires, subject to
the priori&utho:ization and approve1 of the Participants, to assign
and transfer ~11 of its funds and property to the District upon the
assumption by t~e District of all of the liabilities and obligations
of the D~stric~, all in accordance with the Plan of Distribution and
an Assigr~ent a~d Assumption Agreement (herein so called) between the
Corporation an4 the District in the form attached as Annex II ko the
Plan of D~s~ri~ltion~
RESOLUTION NO. 1469-7-89 page 3
WHEP. EAS, upon dissolution of the Corporation the participants are
entitled to distribution of all funds and property of the Corporation,
after satisfaction or provision for the debts and claims of the
Corporation~
WHEREAS, the City desires hereby to authorize and approve the
dissolution of the corporation and the transfer and assignment of all
' their respective rights and interests in and to the funds and
property of the Corporation to the District in accordance with the
Plan of Distribution and Assignment and Assumption Agreement~
NOW THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF
LEWISVILLE, TEXAS, THAT=
Sectio~ [. The foregoing preamble and recitals are declared
to be true and correct and are hereby incorporated into this
Resolution.
RESOLUTION NO. 1469-7-89 page 4
Section, II. The City hereby approves the liquidation and
dissolution of the Corporation in accordance with the Plan of
Distribution and the Assignment and Assumption Agreement.
Section III. The City hereby authorizes and approves the
transfer, assignment and distribution to the District of all of the
City's rights and interests in all of the assets, funds and property
of the Corporation of any kind, real, personal or mixed, including
contracts, contract rights and contractual obligations and all rights,
~ Jvileges, duties, and responsibilities incident thereto (the
"Corporation Assets") in accordance with the Plan of Distribution and
the Assignment and Assumption Agreement.
Section I__V. The Mayor and City Manager of the City are
each hereby authorised and empowered, on behalf and in the name of the
City, to execute and deliver any and all documents and instruments,
and to do and perform any and all acts and things as either of them
deems necessary or appropriate, to carry out the purposes of this
Resolution and to evidence the City's authorization and approval of
the transfer of the Corporate Assets to the District by the
Corporation.
R ~LUTION NO~ 1469-7-89 page 5
DULY PASSED AND APPROVED ON THE T~E 10th DAY OF Jul~ , 1989.
APPROVED:
Donny D~iel, Mayor
ATTEST .-
Ron&ld J. N~_man, City Attorney
Plan of Distr~bution
Upper Trinity Municipal Water Authority, Inc.
(the 'Corporation')
1. The Corporation shall cease to conduct its affairs
except insofar as may be necessary for the winding up thereof.
2. Notice of dissolution of the Corporation shall be
sent to creditors and claimants of the Corporation as required
by law.
3. The debts and obligations of the Corporation
listed on Annex I attached hereto shall be paid in full.
4. Pursuant to an Assignment and Assumption Agreement
in the form of Annex II, attached hereto, and incorporated
herein by reference, all remaining assets, funds and property
of the Corporation of any kind, real, personal or mixed,
including contracts, contract rights and contractual
obligations, and all rights, privileges, duties and
responsibilities incident thereto shall be transferred and
sssigne~ to Upper Trinity Regional Water District (the
"DistriCt") upon and subject to the District's agreement to
pay, perform and discharge all of the liabilities, debts,
obligations, rights, privileges, duties and responsibilities of
the Corporation.
0461X
Annex I
Debts to be paid prior to dissolution:
) 0461X
CITY of DENTON, 'tEXAS McKINNEY / DENTON, TEXA$ ?620'I / TELEPHONE (817) 566-8200
MEMORANDUM
DATE December 12, 1989
TO Jennifer Walters, City Secretary
FROM R E. Nelson, Executive Director of Utilities
RE Articles of Dissolution- Upper Trinity Municipal
Water Authority
Attached is the original executed copy of the Articles of
Dissolution, the Assignment and Assumption Agreement, City of
Lewlsvllle Resolution ~1469-7-89R, and City of Denton
Resolution ~R89-047 regarding the Upper Trinity Municipal
Water Authority, Inc. Please f~le~hls information with the
official records of the/~;t~ y/ //
R.E. N~lson, ExeCutive Director
Department of Utilities
gcr
cc Legal Department
David Ham, Director Wtr/WW
file
Attachments (as stated)
RESDIS.LTR
O03
, [~,?~.~ UPPER
, [~~.1 TRINITY JAN 31 1990
Regional Water Distr~ct
January 29, 1990
Mr iR E Nelson
Executive D~rector
Den%on Utzllt~es
2141E McK~nney
Den%on, TX 76201
Dear Mr Nelson
Enclosed are cop~es of the Artlcles of Dlssolut3on for the Upper
Trln3ty Municipal Wa%er Authority and correspondence from the
Secretary of State evzdenc~ng the final f31~ng of the documents
w~th thzs f31~ng, the UTMWA ~s off3clally dlssolved and all
assets and l~abllltles have been assumed by the D~strlct
Please place these docualents ~n your official f~les to show f~nal
dls~os~t3on of the ~nter3m agency created by the Clt~es of
Lew~sv~lle and Denton.
TET[ 3w
Encllosure
P O Drawer 305 · Lew~svflle, Texas 75067
trHar
JAN* 1.?~
UPP~-}' II~IHITY HUNICIPAL WAII-R AUTHOr,'ITYt INC.
IT H~$ nF~-H I]LJR PLEASURE TO APPRUVE ANO PLACL UN RFL(IRD YOUR ARTICLES
iii t)]SS~JL~J[['J~,~. THE APP~'OPPIATF ~iOFNCL IS ATTACHEO FOR YOUR FILESI
rHf URIGINAL HAS tlEIN FILED IN THIS OFFICE.
P,~Y Ii NJ UI, THF FILING FEE IS ACKNOWLEDGED BY THIS LETTER.
II ~ ~AN BE nF FUPTHLR StR~ICE AT ~NY TIHF~ PLEASE LFT US KNON.
V[RY TRULY YOURS~
DI~ HNbiI~SIGNfU~ &S S[mPET^RY OF SLATE OF THE STATF OF TEXAS~
'Y ~ ~llf II_S THaT ARTI(,LLS IIF I) ISSiILUTI~N F(1R THE ABOVE NAMED
,tt~;si¢'r;tY lt]f IIHD~RSI(,Ilrl)~ AS SUCH SICprTAPY OF STATFe AND BY
ILl' ~t Jill ~UTqlIrlIy VISTLIt IN THt SICPITARY BY LA~ ISSUFS THIS
~ J':l, t7~ tgti)
UPPER TRINITY ]~JNICIPAL FILED
WATER AUTHORITY, INC. In t~ Offi~ ~ t~
Secreta~ ~ State ~ Texas
TIC ZS D SO rIoN 1 ? 19C
Pursuant to the provisions ot &rticle 6.05 cdorlkk~o~t~
lon-PrO£it Corporation Act, tho undersigned corporation adopts
the £011o~ing Articles o£ Dissolution ior the purpose
dissolving the corporation~
1. The name o£ the corporation is Upper Trinity
Xunicipal ~ater Authority, Inc.
2. A resolution to dissolve was adopted in the
£ollowing manner:
A resolution to disolve was adopted at a meeting
o£ the board o£ directors held on ~une ~
1989, and received the vote of s majority of the
directors in o££ice, there being no members having
voting rights in respect thereof.
Ail debts, obligations and liabilities of the
corporation have been paid and d~scharged or
adequate provision has been made thereof.
4. Ail remaining property and assets of the
corporation have been transferred, conveyed or
distributed in accordance with the provisions
the Texas Non-Profit Corporation Act.
5. There are no suits pending against the corporation
in any court.
UPPER TRINITY MUNICIPAL
WATER AUTHORITY, INC.
an Authorized Officer
0458X
2743L
RESOLUTION NO. f~--O/'~/?
A RESOLUTION AUTHORIZING A PROPOSAL TO THE CITY OF COLLEGE
STATION, TEXAS, OFFERING THE SALE OF POWER AND ENERGY BY THE CITY
OF DENTON, TOGETHER WITH THE CITIES OF BRYAN, GARLAND AND
GREENVILLE, BEGINNING IN 1992, AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Denton, together with the Cities of Bryan, Garland
and Greenville collectively have excess reserves of electric
generating capacity; and
WHEREAS, the sale of these excess reserves can produce
additional revenue which will benefit the electric customers of
the City of Denton, and
WHEREAS, the City of College Station has been actively
soliciting proposals for power and energy for contract years
beginning in 1992, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
SECTION I. That the City Council hereby elects, along with
the Cities of Bryan, Garland and Greenville, to tender to the
City of College Station a proposal offering the sale of power and
energy, for a term beginning January 1, 1992 and continuing
through 1995. The City Council hereby pledges in cooperation
with the cities of Bryan, Garland and Greenville to make
available all necessary capacity and energy In connection with
this proposal, the City foresees the joint participation of
College Station with Texas Municipal Power Agency in future
generating projects.
SECTION II. That this Resolution shall become effective
immedihtely from and after its adoption, and it is so ORDERED.
PASSED AND APPROVED this J ~ day of ~[.l~l~' ,
1989. 0
RAY ST~RENS,/MAYOR
ATTEST:
JE~*IFER W'~T~RS, CITY -SECR
C ~OF D~TON, TE~S
APPROVED AS T0 LEGAL FORM:
DEB~ ~I D~YOVITCH, CITY ATTORNEY
2742L
RESOLUTION NO ~-0~q
A RESOLUTION AUTHORIZING THE CONDEMNATION OF 0 1393 ACRES OF LAND
LOCATED WITHIN THE ROBERT BEAUMONT SURVEY AT THE CORNER OF BONNIE
BRAE AND EMERY STREETS, AS MORE PARTICULARLY DESCRIBED HEREIN, TO
PROVIDE FOR CERTAIN DRAINAGE IMPROVEMENTS, AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton has
determined that it is necessary to acquire the easement described
herein in order to make certain drainage improvements, and
WHEREAS, the City of Denton has been unable to agree with the
owners of the real property upon the value of the easement to be
acquired, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON
SECTION I. That the City Attorney of the City of Denton is
authorized and directed to bring condemnation proceedings to
obtain a drainage easement in the property described in Exhibit
"A", attached hereto and incorporated herein by reference.
SECTION II. That this resolution shall become e£fective
immediately upon its passage and approval
PASSED AND APPROVED this the day of
1989.
ATTEST:
DEBRA ADAM~ DRAYOVITCH, CITY ATTORNEY
2741L
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT BETWEEN THE CITY OF DENTON AND ROBERT PENLEY 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 Airport, Denton, Texas, and
WHEREAS, the City of Denton desires to lease the property to
Robert Penley for the purposes of constructing and maintaining a
hangar building and facility to be utilized for aircraft
maintenance, inspections, aircraft sales and rentals, flight
instructions, and sale of automobile fuel in compliance in
compliance with Section V.A. of the Lease Agreement, and
WHEREAS, Robert Penley desires to lease the land at the
airport and agrees to pay to the City the requested rent, NOW
THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON'
SECTION I. That the City Manager zs hereby authorized to
execute a lease agreement between the City of Denton and Robert
Penley, a copy of which is attached hereto and incorporated by
reference herein.
SECTION II. That this resolution shall become effective
immediately upon its passage and approval
Passed and Approved this the ~___ day of~, 1989.
ST H NS, MAYOR
ATTEST.
J~'~K'w~'r5KM, CITY SEGKET~d{Y
APPROVED AS TO LEGAL FORM:
DEBRAA. DBAYOVITCH, CITY ATTORNEY
LEASE AGREEMENT
ROBERT PENLEY AND
CITY OF DENTON MUNICIPAL AIRPORT
INDEX
Pase
I. Conditions of Agreement 1
II. Leased Premises 4
III. Term of Lease 5
IV. Payments, Rentals, and Fees 6
V. Rights and Obligations of Lessee 7
VI. Covenants By Lessor 13
VII. Special Conditions 14
VIII. Leasehold Improvements 14
IX. Subrogation of Mortgagee 18
X. Right of Easement 19
XI. Subletting and Assignment of Lease 19
XII. Insurance Requirements 20
XIII. Indemnity 21
XIV. Cancellation By Lessor 22
XV. Cancellation By Lessee 24
XVI. Miscellaneous Provisions 25
2734L
AIRPORT LEASE AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS'
COUNTY OF DENTON
This lease agreement, hereinafter referred to as "Lease"
made and executed this 1st day of August, 1989, at Denton, Texas,
by and between the City of Denton, a Municipal Corporation,
hereinafter referred to as "Lessor", and Robert G. Penley, doing
business as PenAir, having its principal offices at Route 1,
Box 10BP, Aubrey, Texas 76227, hereinafter referred to as
'1Lessee".
WITNESSETH
WHEREAS, Lessor now owns, controls and operates the Municipal
Airport (Airport) in the City of Denton, County of Denton, State
of Texas,
WHEREAS, Lessee desires to lease certain premises on said
airport and construct and maintain a hangar building and facility
to be utilized for aircraft maintenance, inspections, aircraft
sales and rentals, flight instructions, and sale of automobile
fuel in compliance with Section V.A. of this Lease Agreement.
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
CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION
SHALL BE BINDING.
A. Principles of Operations. The right to conduct
aeronautical activities 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
un0ustly discriminatory basis to all users thereof,
and
2. To charge fair, reasonable and not unjustly
discriminatory prices for each unit or service,
provided that the Lessee may be allowed to make
reasonable and nondiscriminatory discounts, rebates,
or other similar types of price reductions to volume
purchasers.
B. Non-Discrimination. The Lessee, for itself, its personal
representatives, successors in interest, and assigns, as a part
of the 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 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
Transportation, Subtitle A, Office o~ the Secretary,
Part 21, Non-discrimination in Federally Assisted
Programs of the Department of Transportation-
Effectual of Title VI of the Civil Rights Act of
1964, and as said Regulations may be amended
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 facilities 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 Mazntain Aircraft It is clearly
understood by the Lessee that no right or privilege has been
granted which would operate to prevent any person, firm, or
PAGE 2
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 Risht. 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 oi
Section 1349 of Title 43, U.S.C.A.
E. Public Areas.
1. Lessor reserves the right to further develop or
improve the landing area of the airport as it sees
fit, regardless of the desires or views of the
Lessee, and without interference or hindrance.
2. Lessor reserves unto itself, its successors and
assigns, for the use and beneiit of the flying
public, a right of flight for the passage of aircraft
above the surface of the premises described herein,
together with the right to cause in said airspace
such noise as may be inherent in the operation oi
aircraft now known or hereafter used, for navigation
of or flight in the said azrspace, and for use of
said airspace for landing on, taking off from, or
operating on the Denton Municipal Azrport
3. Lessor shall be obligated to maintain and keep in
repair the landing area of the airport and shall have
the right to direct and control all activities of
Lessee in this regard
4. 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 provisions of the
lease to the Government, shall be suspended.
5. Lessor reserves the right to take any action it
considers necessary to protect the aerzal 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 limit the usefulness or safety of the
airport or constitute a hazard to aircraft or to
aircraft navigation.
PAGE 3
6. 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 in consideration of the covenants and
agreements herein contained to be kept by Lessee, does hereby
demise and lease unto Lessee, and Lessee does hereby lease and
take from Lessor, the following described land situated in Denton
County, Texas, as described as ~ollows
A. Land
A tract of land, 165 feet by 160 feet, being
approximately 26,400 square feet, or 0 60 acres, drawn and
outlined on Attachment "A", attached hereto and incorporated
herein by reference, having the following metes and bounds
Ail 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 William Nell Survey,
Abstract No. 970 and being part of Lot No. 1, Block No. 1
of the Southeast Airport Addition, an addition to the
City and County of Denton, and also of being part of a
tract of land as conveyed to the City of Denton by deed
dated recorded in Volume 305, Page 216 of the Deed
Records of Denton County, Texas, and more particularly
described as follows
COMMENCING at the southeast corner of said Lot 1, Block
1, said point lying in the west right-of-way line of
Underwood Road.
THENCE south 89° 46' 07" west along the south boundary
line of said Lot 1, a distance of 1590.56' to the
southwest corner of said Lot 1,
THENCE north 1° 23' 50" east along the southerly west
boundary line of said Lot 1, a distance of 817.43' to an
inner ell corner of said Lot 1,
THENCE south 88° 36' 10" east a distance of 60.0' to the
POINT OF BEGINNING,
THENCE south 88° 36' 10" east a distance of 165.0' to a
point for a corner;
PAGE 4
THENCE south 1° 23' 50" west a distance o~ 160.0' to a
point for a corner;
THENCE north 88° 36' 10" west a distance of 165.0' to a
point for a corner,
THENCE north 1° 23' 50" east, a distance of 160.0' to the
Place of Beginning and containing 26,400 square feet of
land, more or less.
Together with the right of ingress and egress to said
property, and the right, in common with others so authorized, of
passage upon the Airport property generally, sub0ect to
reasonable regulations by the City of Denton, and such rights
shall extend to Lessee's employees, passengers, patrons and
invitees.
For the purposes of this Lease, the term "Premises" shall
mean all property located within the metes and bounds described
above, including leasehold improvements constructed by the
Lessee, but not including certain easements or property owned
and/or controlled by the Lessor.
B. Improvements Provided By Lessor
None
For the purposes of this Lease, the term "Lessor
improvements" shall mean those things on the leased premises
belonging to, constructed by, or to be constructed by the Lessor,
which enhance or increase, or will enhance or increase, the value
or quality of the leased land or property. Unless otherwise
noted herein, all Lessor improvements are and will remain the
property of the Lessor. Ail Lessor improvements must be
described in detail above, or above referenced and attached to
this Lease in an attachment approved by the Lessor.
C. Easements.
None
III. TERM
The term of this Lease shall be for a perzod of twenty-five
(25) years, commencing on the 1st day of August, 1989, and
continuing through the 31st day of July, 2014, unless earlier
terminated under the provisions of the Lease. Lessee shall have
the first right of refusal to renegotiate this lease for one
PAGE 5
additional five (5) year period at the end of the primary term of
twenty-five (25) years at a renegotiated rental and on terms
mutually agreed upon by the Lessor and Lessee. Should Lessee
elect to renegotiate this Lease, Lessee shall give written notice
of its intention to Lessor not less than one hundred eighty
(180) days before the expiration of the primary term of
twenty-five (25) years. At the end of the additional five
(5) year extension, Lessee shall have the right of first refusal
to again renegotiate this Lease for an additional five (5) year
term. Should Lessee elect to renegotiate, Lessee shall give
written notice of its intent to Lessor not less than one hundred
eighty (180) days before the extended term zs due to expire
IV. PAYMENTS, RENTALS AND FEES
Lessee covenants and agrees to pay to Lessor, as
consideration for this Lease, payments, rentals and fees as
follows.
A Rent. Lessee shall pay to the Lessor for the use and
occupanc~---~f the premises the sum of twelve cents (126) per
Thousand One Hundred
square foot per year, for a total of Three
Sixty-Eight Dollars ($3,168.00) per year, to be paid in twelve
the sum of Two Hundred Sixty
(12) equal monthly installments in
Four Dollars ($264.00) per month in advance, on or before the
first day of each and every month during the term of this
Agreement, subject to Section IV. B. hereof.
B. Annual Rental Adjustments 1The yearly rental for land
and improvements herein ~eased shal be readjusted on the first
day of July of each year during the term of this lease on the
basis of the proportion that the then current Ail Urban Consumer
Price Index (CPI-U) for the Dallas/Fort Worth, Texas, Standard
Metropolitan Statistical Area, as compiled by the U S Department
of Labor, Bureau of Labor Statistics bears to the ~-~ ,
1982 index which was 100. The land rental amount as o~ the date
of execution of this agreement is based upon twelve cents (126)
per square foot per year for the land herein leased.
C. Additional Fees And Rentals. Durin$ the term of this
Lease, Lessee shall pay Lessor five cents (5¢) per gallon of the
total number of gallons of fuel delivered to Lessee or five
percent (5%) of the wholesale price per gallon of all fuel
delivered to the Lessee, whichever is greater
Ail fees shall be paid monthly to Lessor on or before the
15th day of each month during the term of this Lease. Ail such
fees shall be accompanied by records showing the time, date and
number of gallons delivered and the name of the fuel supplier.
PAGE 6
Also during the term of this Lease, Lessee shall pay Lessor ten
percent (10%) of all hangar and tie-down rental fees collected by
the LeBsee from customers renting Lessee's hangars or renting
tie-down facilities on Lessee's premises. Ail such hangar
rentals and fees shall be accompanied by records showing the date
and location where the aircraft was hangared or parked and the
tail number, or side number, of the aircraft.
D. Payment~ Penalty; Adjustments. All payments made
hereunder by Lessee shall be made to Lessor at the offices of the
Finance Department of the City of Denton, Accounts Receivable,
215 E. McKinney, Denton, Texas 76201, unless Lessee is notified
to the contrary in writing by Lessor.
Ail monthly rental payments shall be due and payable on
or before the first day of each month and shall be paid by Lessee
without demand or notice from Lessor. Ail rental amounts paid by
Lessee after the tenth (10) day of the month will be delinquent
and shall include an additional monetary amount (penalty) whzch
shall equal five percent (5%) of the rental amount due. Failure
of Lessee to pay the five percent (5%) monetary penalty on
delinquent rent shall constitute an event of default of this
Lease
V. RIGHTS AND OBLIGATIONS OF LESSEE
A. Use of Leased Premises Lessee is granted the
non-exclusive privilege to engage in or provide the following
1. Aircraft Inspection
2. Aircraft Maintenance
3. Sale of Aircraft Parts
4 Sale of automobile fuel to fuel aircraft certified by
the F.A.A. to use automobile fuel so long as Lessee
meets the following requirements'
a. Any fuel tank and fuel truck utilized by Lessee
must meet all City Fire Codes and be approved by
the Fire Marshal.
b. Lessee shall fence all fuel tanks on the fuel
farm that are used for Mogas znto an area
separate from other fuel tanks.
PAGE 7
c Lessee, shall, at his expense, maintain tanks which shall meet all requirements of the
Environmental Protection Agency, any future
requirements of the Envzronmental Protection
Agency, and "Ail Minimum Standards for Fuel
Storage Handling and Dispensin~ on Airport~
per AC 150/523~-~ CHG.2 Appendix ~,~ a copy of
which is attached as Attachment ," and any
amendments to said appendzx
d. The City's Fire Marshal and Airport Manager shall
designate an area on Lessee's premises to be
utilized for the operation and storage of a fuel
truck. Lessee may operate the fuel truck outside
this designated area only
i. When requested by an aircraft operator to
service a specific aircraft, and Lessee shall
drive to and from the aircraft by the most direct
route of travel from the service point, or
ii. When traveling to or from the fuel farm ~or
the purpose of refueling the fuel truck.
5. Flight instructions.
Lessee, its tenants and sublessees shall not be
authorized to conduct any services not specifically listed zn
this agreement The use of the leased premises of Lessee, its
tenants or sublessees shall be limited to only those private,
commercial, retailer industrial activities having to do with or
related to airports and aviation No person, business or
corporation may operate a commercial, retail or industrzal
business upon the premises of Lessee or upon the Airport without
a lease or license from Lessor authorizing such commercial,
retail or industrial activity.
Lessee shall provide the following services to the public
1. Maintain a restroom.
2. Appoint and designate a full-time manager to be
present on the leased grounds during normal business
hours as established below.
3. Have proper fire equipment and fire extinguishers as
required by federal and state statutes and local Fire
Codes.
PAGE 8
4. Have available aviation mogas normally found at
similar airports meeting the requirements described
in AC 150/5230-4 CHG.2, Appendix 7, (Attachment "B").
5. The generic designation "Mogas" wzll be affixed in
contrasting paint, with letters at least five inches
high with one inch line thickness to any tank truck
used for fueling of aircraft
6. Lessee shall maintain the following hours of
operation Hours of operation to the public shall be
a minimum of eight (8) hours per day seven (7) days
per week, except for holidays as established for city
holidays.
7. Provide ramp service for sale of "Mogas", lubricants
and other aviation products and parking assistance
within the leased premises. All fuel shall be made
available by a tank truck approved by the Fire
Marshal and Airport Manager.
B. Independent Contractor. During all times that this Lease
is in effect, the parties agree that Lessee is and shall be
deemed to be an independent contractor and operator and not an
agent or employee of City with respect to their acts or omissions
hereunder. For all the purposes hereunder, Lessee is and shall
be deemed an independent contractor and zt is mutually agreed
that nothing contained herein shall be deemed or construed to
constitute a partnership or Joint venture between the parties
hereto.
C. Standards. Lessee shall meet or exceed the following
standards
1. Address. Lessee shall file with the Airport Manager
an--~ep current its mailing address, telephone
number(s) and contacts where its authorized official
can be reached in an emergency
2. List. Lessee shall file with the Airport Manager and
ek-~p current a list of its tenants and sublessees.
3. Conduct. Lessee shall contractually require its
emp-l~-yers and sublessees (and sublessee's invttees)
to abide by the terms of this Lease. Lessee shall
promptly enforce its contractual rights in the event
of a default of such covenants.
4. Utilities Taxes And Fees. Lessee shall meet all
expenses ~n~ payments in ~'onnection with the use and
PAGE 9
occupancy of the premises and the rights and
privileges herein granted, including the timely
~ayments of utilities, taxes, permit fees, license
ecs and assessments lawfully levied or assessed
Lessee herein agrees to pay to all lawful taxing
authorities an ad valorem property tax on all
improvements constructed by the Lessee on the leased
premises, and to comply with all tax laws pertaining
to the leased premises, including those promulgated
in the future.
5. Rules~ Regulations And Restrictions. Lessee shall
comply with all tederal, state an~ local laws and
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 required licenses or permits.
Lessee's use of the premises shall at all times be in
compliance with and subject to any covenants,
restrictions, and conditions of record pertaining to
the use and, occupancy of the leased premises and
shall at all times comply with the laws, codes,
ordinances, rules, and regulations, either existing
or those promulgated in the future, by the City of
Denton, the County of Denton, the State of Texas, the
United States of America, and the Federal Aviation
Administration, or their successors. Lessee shall
not operate or permit the operation of any
transmitter devices, electrical signal producers, or
machinery on the leased premises which could
interfere with the electronic aircraft navigation
aids or devices located on or off Airport property.
Lessee shall not be permitted to engage in any
business or operation on the leased premises which
would produce obstructions to visibility or violate
height restrictions as set forth by the Federal
Aviation Administration and/or the City of Denton.
6. Het~ht Restriction And Airspace Protection. The
Lessee agrees Ior itseiI, its successors and assigns
to restrict the height of structures, objects of
natural growth and other obstructions on the leased
premises to a height as established in City of Denton
Ordinance 81-1, as the same may be amended from time
to time. The Lessee also agrees for itself, its
successors and assigns to prevent any use of the
leased premises which would interfere with landing or
taking off of aircraft at the Denton Municipal
PAGE 10
Airport, or otherwise constitute an airport hazard.
Lessee hereby forfeits all claims to aviation rights
over the leased premises.
7. Maintenance. Lessee shall be responsible for all
maintenance and repair of the leased premises,
including buildings, structures, grounds, pavements,
and utilities. Lessee shall be responsible for grass
cutting, collection and removal of trash and for such
other maintenance requirements as may arise. Lessee
agrees to keep the leased premises, together with all
improvements, in a safe, clean and attractive
condition at all times. Lessee shall not change the
original color or texture of the exterior walls of
any structures or improvements without the written
consent from Lessor
(a) Patntin~ of Buildings. During the original term
of this Lease and during each extension, Lessor
shall have the right to require, not more than
once every five years, that the metal exterior
of hangar(s) or building(s) located on the
leased premises be reviewed by the Airport Board
for the purpose of determining whether painting
of the exteriors of such buildings or hangars is
necessary. If the Airport Board determines
painting is necessary, it shall furnish a
recommendation to this effect to the City
Council. The Council, may, upon the Board's
recommendation, require Lessee to repaint said
exteriors according to Lessor's specifications
(to specify color of paint, quality of paint,
number of applications, quality of workmanship
and the year and month in which the hangar(s) or
building(s) are to be painted, if needed).
Lessee shall complete the painting in accordance
with such specifications within six (6) months
of receipt of notice from Lessor. Lessee agrees
pay all costs and expense involved in the
%%ngar or building painting process. Failure of
Lessee, to complete the painting required by
Lessor s City Council within the slx (6) month
period shall constitute Lessee's default under
this Lease.
(b) ~. Lessee herein agrees not to utilize or
p~mit others to utilize areas on the leased
premises which are located on the outside of the
hangar(s) and/or building(s) for the storage of
wrecked or permanently disabled aircraft,
PAGE 11
aircraft parts, automobiles, vehicles of any type, or
any other equipment or items which would distract
from the appearance of the leased premises.
8. Unauthorized Use of Premises. Lessee may not use any
portion o~ the leased land or premises for the
operation of a motel, hotel, restaurant, private club
or bar, apartment house, or for industrial, commer-
cial or retail purposes, except as authorized herein.
9. Dwellin~s. 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, invitees,
or guests be permitted to reside or remain as a
resident on or within the leased premises or other
airport premises.
10. Quit Possession. Lessee shall quit possession oi all
premises lease~' herein 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
11. Chemicals. Lessee agrees to store properly, collect
and disp6se of all chemicals and chemical residues,
to store properly, confine, collect and dispose of
all paint, including paint spray in the atmosphere,
and paint products, and to comply with all local,
state and federal laws and regulations governing the
storage, handling or disposal of such chemicals and
paints. Lessee further agrees that at no time during
the term of this Lease shall any material, fluids,
solids or gaseous substances be utilized, stored,
disposed of or transported on the leased premises
which are considered by the Environmental Protection
Agency to be a hazard to the health of the general
public and that no activity shall be permitted on the
leased premises that would produce noxious odors.
12. ~. During the term of this Lease, Lessee shall
~ave the right, at its own expense, to place in or on
the leased premises signs identifying Lessee. said
signs shall be of a size, shape and design, and at a
location or locations, approved by the Lessor and in
conformance with any overall directional graphics or
sign program established by Lessor on the Airport
Lessor's approval shall not be unreasonably
withheld. Said signs shall be maintained in good
PAGE 12
repair throughout the term of this agreement
Notwithstanding any other provision of this
agreement, said signs shall remain the property of
Lessee. Lessee shall remove, at its expense, ali
lettering, signs and placards so erected on the
premises at the expiration of the term of this Lease
or extensions thereof.
D. Should Lessee violate any law, rule, restriction or
regulation of the City of Denton or the Federal Aviation
Administration, or should the Lessee engage in or permit other
persons or agents to engage in activities which could produce
hazards or obstruction to air navigation, obstructions to
visibility or interference with any aircraft navigational aid
station or device, either airborne or on the ground, then Lessor
shall state such violation in writing and deliver written notice
to Lessee or Lessee's agent on the leased premises, or to the
person(s) on the leased premises who are causing said
violation(s), and upon delivery of such written notice, Lessor
shall have the right to demand that the person(s) responsible for
the violation(s) cease and desist from all such activity creating
the violation(s). In such event, Lessor shall have the right to
demand that corrective action, as required, be commenced
immediately to restore the leased premises into conformance with
the particular law, rule or aeronautical regulation betn~
violated. Should Lessee, Lessee's agent, or the person(s)
responsible for the violation(s) fail to cease and desist from
said violation(s) and to immediately commence correcting the
violation(s), and to complete said corrections within twenty-four
(24) hours following written notification, then Lessor shall have
the right to enter on to the leased premises and correct the
violation(s), and Lessor shall not be responsible for any damages
incurred to any improvements on the leased premises as a result
of the corrective action process. Lessor shall submit an invoice
to Lessee for the cost of the repairs and Lessee shall pay said
invoice within thirty (30) days.
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 rights and privileges herein granted.
B. Compliance. Lessor warrants and represents that in the
establishment, construction and operation of said Denton
PAGE 13
Municipal Airport, that Lessor has heretofore and at this time is
n with all existing rules, regulations, and criteria
compl~ ~ ...... ~_~A__~ A..4otion Administration, or an~.o~he~
distrlDut~ ~ ~.~=__~ .... lo~ino to and including, but no? ~lmlteq
~ se abatement, air rights and easements over adJoznlng ano
contiguous areas, over-flight in landing or takeoff, to the end
that Lessee will not be legally liable for any actzon 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.
VII. SPECIAL CONDITIONS
It is expressly understood and agreed by and between Lessor
and Lessee that this Lease is sub3ect to the following special
terms and conditions:
A. Runways and Taxiways. That because of the present
30,000 pound continuous use weight bearing capacity of the runway
and taxiways 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 30,000 pounds or less, until such time that the runway
and designated taxiways 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
invitees, but shall not include those activities over which it
has no soliciting part or control, such as an unsolicited or
unscheduled or emergency landzng. Negligent disregard of the
~rovisions of this section shall be sufficient to cause the
mmediate termination of this entire Lease and subject the Lessee
to be liable for any damages to the Airport that might result.
VIII. 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
premises, as specified herein, but not limited to, the following
PAGE 14
1. 100' X 100' hangar
2. Paved ramp as shown on Attachment "C"
3. Paved automobile parking as shown on Attachment "C"
Ail building specifications and road or taxtway plans
must be reviewed by the Airport Board for approval prior to
construction. This requirement is zn additzon to other
requirements of the Denton Code of Ordinances, with which Lessee
must comply.
Lessee shall provide Lessor with tentative plans for the
development of the entire leased premises together with a
proposed timetable or schedule for sazd 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.
1. Plans. Lessee agrees that zt shall, within one
h-~-~-d~ed eighty (180) calendar days from the date of
this Agreement, 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 specifications as submitted, or transmit proposed
revisions to Lessee within forty-five (45) calendar
days of receipt of the plans and speczfications 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
Lessee shall commence construction within one hundred
eighty (180) calendar days of Lessee's receipt of
Lessor's final approval of the plans and
specifications, and the improvements shall be
scheduled for completion not later than one hundred
eighty (180) days after commencement of construction.
2. Additional Requirements. Before commencing the
construction of any improvements upon the premises,
Lessee shall submit'
(a) Documentation, specifications, or design work,
to be approved by the Lessor, which shall
establish that the improvements to be built or
PAGE 15
constructed upon the lease premzses are in
conformance with the overall size, shape, color,
quality and design, in appearance and structure,
of the program established by the Lessor's
Master Plan for the Airport The Master Plan
shall be approved by the City Council and copies
shall be on file at the Office of the Azrport
Manager and the City Secretary.
(b) Ail information required by the City of Denton
Subdivision and Land Development Regulations an
outline of such requirements is on file in the
Planning Department of Lessor
(c) The estimated cost of such construction
No construction may commence until Lessor, acting by its
City Council, has approvea the plans and specifications and the
location of the improvements, the estimated costs of such
construction, and the agreed estimated life of the building or
structure. Approval by the City Council shall not be unreason-
ably withheld. Should the Council fail to deny Lessee's plans
and specifications within sixty days of submission thereof to the
Council, such plans and specifications shall be deemed approved
B. 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, A.2. (Additional Requirements).
C. 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 conditions, terms and provisions.
1. Removal of Hangars and/or Buildings. In the event
that Lessee should elect to terminate this Lease
pursuant to Article XV and remove the building or
hangar from the leased premises, then in such event,
Lessee herein agrees to comply with the following
terms and conditions during the hangar or buildzng
removal process.
(a) Prior to commencing the hangar or building
removal process~ the Lessee and Lessor shall
PAGE 16
agree on the best method to remove the building,
including where to cut water lines, electrical
wire, plumbing and other fixtures or utilities,
so as to cut said fixtures to allow the future
use of these fixtures
(b) The building shall be removed completely from
the surface of the concrete slab and up, with
the exception of cut utility lines. All
interior fixtures shall be removed Including
sinks, commodes, dividing walls and all other
items or fixtures that would prevent the
concrete slab from being as free as possible
from all obstructions
(c) Removal of hangars or buzldings shall be com-
pleted prior to Lessee's deszgnated terminatzon
date.
(d) The hangar or building slab, the aircraft
parking apron, the taxiway, and all other
improvements on the leased premzses shall remain
on the leased premises and shall become the
property of the Lessor without costs to Lessor.
(e) Lessee shall be responsible for the removal of
all refuse and debris from the leased premises
prior to vacating the leased premises
(f) Lessee shall be responsible for all costs
involved in the removal of the hangar or
building, including costs of permits or fees
(g) Lessee shall be responsible for any damage
caused to any zmprovements on the leased
premises during the buzlding or hangar removal
process, and Lessee herein agrees to repair or
replace, at Lessee's expense, any improvement(s)
damaged by Lessee during the removal of sazd
structures.
2. Assumption. Ail 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. Buildin~ Life. It is agreed that the life of any
building to be constructed by Lessee on the leased
premzses is twenty-five (25) years.
PAGE i7
4. Right of First Refusal to Purchase Hangar or
Building. In the event that Lessee should elect to
sell hangars or buildings and other improvements
situated upon the leased premises, Lessor shall be
offered the right of first refusal to purchase
improvements, provided however, that Lessor shall not
be obligated to purchase said improvements. The
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.
IX. SUBROGATION OF MORTGAGEE
Lessee shall have the right to place a first mortgage lien
upon its leasehold in an amount not to exceed eighty percent
(80%) of the cost of the capital improvements. The terms and
conditions of such mortgage loan shall be subject to the approval
of City and Lessee shall submit copies of the loan documents,
including the loan application, to Lessor
Lender's duties and rights are as follows
1 The Lender shall have the right, in case of default, to
assume the rights and obligations of Lessee herein and
become a substituted Lessee, with the further right to
assign the Lessee's interest to a third party, subject to
approval of City. Lender's obligations under this lease
as substituted Lessee shall cease upon assignment to a
third party and approval by City.
2. As a condition precedent to the exercise of the right
granted to Lender by this paragraph, Lender shall notify
City of all action taken by it in the event payments on
such loans shall become delinquent. Lender shall also
notify City, in writing, on any change in the identity or
address of the Lender.
3 Ail notices required by Article XIV herein (Cancellation
by Lessor) to be given by City to Lessee shall also be
given by City to Lender at the same time and in the same
manner provided City has been furnished with written
notice of Lender's interest and its address. Such notice
shall be given to the City Secretary and the Airport
Manager. Upon receipt of such notice, Lender shall have
the same rights as Lessee to correct any default.
PAGE 18
X. 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 airports
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 original condition upon the installation of any
utility services on, in, over or under any such easement at the
conclusion of such construction. Lessee shall not have the right
to levy fees or charges for any exercised right of easement by
Lessor or Lessor's authorized agent.
XI. SUBLETTING AND ASSIGNMENT OF LEASE
A. The Lessee may rent or sublease the demised premises for
the storage of individual aircraft without prior written consent
of the City, but Lessee shall not rent or sublease all or any
part of such premises or the improvements located thereon for any
other purpose without the prior written consent of City. Any
tenant or sublessee shall be subject to the same conditions,
obligations and terms as set forth herein. Lessee shall be
responsible for the observance by its tenants and sublessees of
the terms and covenants of this Lease. It is the intentzon of
the City that the subleases not be misused as a method to avoid
compliance with the minimum standards herein
In the event that the City determines that a sublessee is
operating an aviation-related business without complying with the
minimum standards applicable thereto, the sublease may be
terminated in the same manner as provided by Article XIV herein
for leases.
Further, the actions of a sublessee in not complying with
or trying to avoid the minimum standards shall be considered a
breach of the Lessee's Lease with the City and reason for
termination of the Lease.
B. Lessee expressly covenants that it will not assign thzs
Lease, convey more than forty-nine percent (49%) of the interest
in its business, deemed herein to mean the controlling 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 premises for any purpose, except for rental of hangar
space or tie-down space, without the written consent of the
Lessor. Lessor agrees that it will not unreasonably withhold its
PAGE 19
approval of the sale or sublease of the facilities for airport
related purposes. The provisions of this Lease shall remain
binding upon the assignees, if any, of Lessee.
XII. INSURANCE
A. Lessee shall maintain continuously in effect at all times
during the term of this Lease or any extension thereof, at
Lessee's expense, the following insurance coverages
1. Comprehensive General Liability Insurance covering
the leased premises, the Lessee, 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 Lease or erected by the Lessee subsequent to the
execution of this Lease.
4. Liability insurance limits shall be in the following
minimum amounts:
Bodily Injury 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 oi
thirty (30) 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 ad3ust or increase the
liability insurance amounts required of the Lessee, and to
require any additional rider, provisions, or certificates of
to provide any such insurance
insurance, and Lessee hereby agrees
requirements as may be required by Lessor, provided however, that
any requirements shall be commensurate with insurance
PAGE 20
requirements at other public use airports similar to the Denton
M nici al Airport in size and in scope of aviation acti~ities,
qu . ~ - -- e^,~ ..... ~n re~ion of the United States. ~or th~
iocage~ z~%~%"~J~he §outhwestern region of the Unite~
~tates shall be the states classified as the Southwestern region
by the Federal Aviation Administration.
Lessee herein agrees to comply with all zncreased 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 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 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 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
XIII. INDEMNITY
Lessee agrees to indemnify and hold harmless City and its
agents, employees, and representatives from and against all
liability for any and all claims, suits, demands, and/or actions
arising from or based upon intentional or negligent acts or
issions on the part of Lessee, its agents, representatives,
om ......... visitors contractors and subcon-
employees, members, p~u~u~o~. '~ = .... rise out of or
actors if any, and/or suDiessees, wnzc~ m~y =
tr _ ~ . ' ....... c- or use of the premises and/or
result Irom ~essee s ouuup~, y
activities conducted in connection with or incidental to thzs
Lease.
This Indemnity Provision extends to any and all such claims,
suits, demands, and/or actions regardless of the type o~ relief
sought thereby, and whether such relief is in the form of
damages, Judgments, and costs and reasonable attorney's fees and
expenses, or any other legal or equitable form of remedy. This
Indemnity Provision shall apply regardless of the nature of the
injury or harm alleged, whether for injury or death to persons or
damage to property, and whether such claims be alleged at common
law, or statutory or constitutional claims, or otherwise. This
Indemnity Provision shall apply whether the basis for the clazm,
PAGE 21
suit, demand, and/or action may be attributable in whole or in
part to the Lessee, or to any of its agents, representatives,
employees, members, patrons, visitors, contractors, and subcon-
tractors, if any, and/or sublessees, or to anyone directly or
indirectly employed by any of them
Further, City assumes no responsibility or liability for
harm, injury, or any damaging events which are directly or
indirectly attributable to premise defects or conditions which
may now exist or which may hereafter arise upon the premises, any
and all such defects being expressly waived by Lessee. Lessee
understands and agrees that this Indemnity Provision shall apply
to any and all claims, suits, demands, and/or actions based upon
or arising from any such claim asserted by or on behalf of Lessee
or any of its members, patrons, vtsztors, agents, employees,
contractors and subcontractors, if any, and/or sublessees.
It is expressly understood and agreed that the Lessor shall
not be liable or responsible for the negligence of Lessee and/or
sublessees, its agents, servants, employees and customers.
Lessee further agrees that it shall at all times exercise
reasonable precautions for the safety of, and shall be solely
responsible for the safety of its agents, representatives,
employees, members, patrons, visitors, contractors and sub-
contractors, if any, and/or sublessees, and other persons, as
well as for the protection of supplies and equipment and the
property of Lessee or other persons.
Lessee and Lessor each agree to give the other party prompt
and timely notice of any such claim made or suit instituted which
in any way, directly or indirectly, contzngently or otherwise,
affects or might affect the Lessee or the Lessor. Lessee further
agrees that this Indemnity Provision shall be considered as an
additional remedy to Lessor and not an exclusive remedy.
XIV. CANCELLATION BY LESSOR
Ail the terms, restrictions, covenants and conditions of
record pertaining to the use and occupancy of the premises are
conditions of this Lease and failure of the Lessee to comply with
any of the terms, conditions, restrictions, covenants and
conditions of record shall be considered a default of this Lease,
and upon default, the Lessor shall have the right to invoke any
one or all of the following remedies
A. Should Lessee fail to pay the monthly rental amounts
and/or fees prescribed in Article IV hereof, such failure shall
constitute a default of this Lease, and Lessor may give written
PAGE 22
notice to Lessee of Lessee's failure to pay and demand payment in
accordance with the Lease terms. Should Lessee fail to pay the
monthly rental amount within twenty (20) days following receipt
of written notice from Lessor, then Lessor may terminate this
Lease.
B. In the event that Lessee fails to comply with any other
terms, conditions, restrictions and covenants pertaining to this
Lease Agreement then in such event, Lessor shall give Lessee
notice of said breach, and request Lessee to cure or correct the
same. Should Lessee fail to correct said violation(s) or breach
within thirty (30) days following receipt of said notice, then
Lessor shall have the right to terminate this Lease Should this
Lease be terminated by Lessor for failure of Lessee to correct
said breach or violation within the thirty (30) day cure time,
Lessee shall forfeit all rights to all improvements on the leased
premises and all improvements on the leased premises shall become
the property of the Lessor.
C. In addition to termination of this Lease for the breach
of terms and conditions herein, the Lessor shall have the right
to terminate this Lease for the following reason(s)
1. The Lease has reached the termination date of the
original twenty-five (25) year term or any extended
term thereof.
2. In the event that Lessee shall file a voluntary
petition in bankruptcy or proceedings in bankruptcy
shall be instituted against Lessee and Lessee there-
after is adjudicated bankrupt pursuant to such
proceedings, or any court shall take 3urisdiction of
Lessee and its assets pursuant to proceedings brought
under the provisions of any federal reorganization
act, or if a receiver shall take 3urisdiction of
Lessee and its assets pursuant to proceedings brought
under the provisions of any federal reorganization
act, or if a receiver for Lessee's assets is
appointed.
3. In the event that Lessee should make an assignment of
this Lease, for any reason, without the approval of
and written consent from Lessor.
Upon termination or cancellation of this Lease and
provided all monies due Lessor have been paid, Lessee shall have
the right to remove its personal property, provided such removal
does not cause damage to any part of the hangar, structure or
improvements.
PAGE 23
E. The City shall have a lien as security for the rent
aforesaid upon all goods, wares, chattels, implements, fixtures,
furniture, tools and other personal property which are or may be
put or caused to be put on the demised premises by Lessee.
Upon termination of this Lease, Lessee shall remove all
personal property from the demised premises within ten (10) days
after said termination. If Lessee fails to remove its personal
property as agreed, City may elect to retain possession of such
property or may sell the same and keep the proceeds, or may have
such property removed at the expense of Lessee.
If City has exercised its option to take title to fixed
improvements as provided, Lessee shall repair, at its own
expense, any damage resulting from said removal of personal
property and shall leave the leased premises in a neat and clean
condition with all other improvements in place.
F. Failure of City to declare this Lease terminated upon the
default of Lessee for any of the reasons set out shall not
operate to bar, destroy or waive the right of City to cancel this
Lease by reason of any subsequent violation of the terms hereoi.
The acceptance of rentals and fees by City for any period or
periods after a default of any of the terms, covenants, and
conditions herein contained to be performed, kept and observed by
Lessee shall not be deemed a waiver of any rights on the part of
the City to cancel this Agreement for failure by Lessee to so
perform, keep or observe any of the terms~ covenants or
conditions hereof to be performed, kept and observed
XV. CANCELLATION BY LESSEE
Lessee may cancel this Lease, 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 preventing
or restraining the use of said airport or any part thereof for
airport 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 of ninety (90) days
after receipt of a written notice of the existence of such
breach, (3) the inability o~ 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 regulation of any
appropriate governmental authority having jurisdiction over the
operations of Lessor or due to war, earthquake or other casualty,
the United States
or (4) the assumption or recapture by
Government or any authorized agency thereof the maintenance and
PAGE 24
operation of said 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 aviation 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.
XVI. MISCELLANEOUS PROVISIONS
A. Entire Agreement. This Lease 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. Lease Bindin~ on Successors and Assigns. All covenants,
agreements, provisions and conditions o~ thl~ lease shall be
binding upon and inure to the benefit of the respective ~arttes
hereto, that is both Lessor and Lessee Jointly and severalzy, and
their legal representatives, successors or assigns, and/or any
grantee or assignees of the Lessor and Lessee. No modification
of this Lease shall be binding upon either party unless written
and signed by both parties.
C. Effect of Condemnation. If the whole or any part of the
leased premises shall be condemned or taken by eminent domain
proceedings by any city, county, state, federal or other
authority for any purpose, then the term of this Lease shall
cease on the part so taken from the day the possession of that
part shall be required for any purpose and the rent shall be paid
up to that day, and from that day, Lessee shall have the right to
continue in the possession of the remainder of the premises under
the terms herein provided, except that the rent shall be ad0usted
to such amount as the parties hereto shall negotiate, but, under
no circumstances shall the rent be greater than the rental per
square foot provided for herein. Ail damages awarded for such
taking of and for any public purpose shall belong to and be the
property of Lessor. Ail damages awarded for such taking of
structures, improvements or businesses that were constructed by
Lessee shall be reflective of their value for the remainder of
the lease term and be awarded to Lessee, the remainder to be
awarded to Lessor.
D. Severabtlity. If any provision hereof shall be finally
PAGE 25
declared void or illegal by any court or administrative agency
having Jurisdiction, the entire Lease 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.
E. Notice. Any notice given by one party to the other in
connection w--~h this Lease shall be in writing and shall be sent
by registered mail, return receipt requested, with postage and
registration fees prepaid
1. If to Lessor, addressed to
City Manager
City of Denton
215 E. McKinney
Denton, Texas 76201
2. If to Lessee, addressed to
Robert G. Penley
PenAir
Route 1, Box 10BP
Aubrey, Texas 76227
Notices shall be deemed to have been received on the date
of receipt as shown on the return receipt
F Heading. The headings used in this Lease are intended
for conven e~of reference only and do not define or limit the
scope or meaning of any provision of this Agreement.
G. Governing Law. This Lease is to be construed in
accordance with the laws of the State of Texas.
H. Parki~. Lessor reserves the right to restrict and
designat~ parmzng areas for all surface vehicles on all areas of
the Denton Municipal Airport, except the leased premises.
I. Attorney's Fees. In any action brought by Lessor in
which a conviction or j'udgment is awarded in favor of Lessor for
the enforcement of the obligations of the Lessee, Lessor shall be
entitled to recover all costs from Lessee, including attorney's
fees, involved in the enforcement of this Lease.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first above written.
PAGE 26
CITY OF DENTON, TEXAS, LESSOR
ATTEST.
FER~ALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRAADAMI DRAYOVITCH, CITY ATTORNEY
LESSOR
PAGE 27
THE STATE OF TEXAS §
COUNTY OF DENTON §
On this ~ day of ~~ , 19~ , before me, the
undersigned -l~-6~ry Public, personally appea--~-d Lloyd Harrell
personally known to me to be the person and officer who executed
the within instrument as City Manager of the City of Denton,
Texas, on behalf of the Municipal Corporation therein named and
acknowledged to me that the corporation executed it
nd official seal. ~
........... ~0TA~Y PUBL ~,--STATE '
My Co. lesion expires: ~'/~ ~
THE STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned authortty~ in and for~said/~ County,
Texas, on this day personally appeared ~ .~ ~ ~r~O~i~e~~,
known to me to be the person whose name is SUDSCr e~ to th~
foregoing instrument and acknowledged to me that the same, and
that he executed the same for the purposes and consideration
therein expressed, and in the capacity therein stated.
of , 19 ~W
~ ~ ~ ~T~ ~, STAll ~ TE~ [ N 'STA E~S
PAGE 28
(~) S. ~oed ~d at.ed to redes ~t~ e~ ~author~ted entry ~nd/or
t~Jn~l
(~) Con~n
materi~ into
be ~ttXon eo~el ~d
(~) ~ ~teueted In l~h a m~ne~ u to pre~nt the i~r~uotton ot the
produot into the ~ong
(1) N~ked ~tth lett~
(14) ~u~p~d vith ~Ot~O~ float~ e~t~on pto~p o~ othe~ ~vl~ to
pre~nt, d~X~ ~m~ ~PtM, pte~p o~ ~t~ ~d othe~ ~nt~Xn~te at ~tt~ or
t~kJ
\
(5) Bquipped *rlth head 'thief. pump or l~mvity
1~ ~Lnt e~p~ ~h cutlet loQated to Facilitate convenient ~llectlon or ou~rl~;
(7) ~ulpped w~h a ~hole ~l~e enou~ to al~ entry for ~otlon and
(8) F~e o~ z~ne, ooo~,
(~) Clean and ~ree o~ ~Kn~LOB~ ~ust~ ~Oale, ~otl~, blo2o~a~
~PO~h, OP other ~er~al~ ~loh could oo~t~nate tuel;
~tanderd ~07 hav/~.~t,lealt a 20~0
o. F/~e,s~/lte~ ~e~r~p.n. The syate~ should:
(1) If r~ Avgas (lnolud/ng ~5), eontaXn at lea~C an inlet .~ra~ner,
eheok system, and a 8~p drain with outle~ locate~ to Fa0/l/t~te convenient ~pture
o~ outflow; and
outr~ f/lter/ee~ratoet ~/ a~ed to ~toh e~e~ pu~p tl~ oa~o~ty, dLtre~en-
located to ~aolZltate convenient capture o~ out~Z~,
d. ~P$~ ~hou2d be~
~/ Z~ Avga~ ~rt~on of ~el ~toea~e ~ea ~d ~el ~a~ ~ (1) no set~l~ t~nk and
~) ~f ~ fL~ pp~ee~e (to r~u~fe at ~eHt ~ hours ~ttl~ t$~ ~d lub-
bers=able ~nrx~ ann ou~Xe~ f~lte~/le~atoPs ~d ~atee ~1~ deteot~
aurora/alamo (see ~ootnote J/ ~1~), ~n plaoe or f~lt~.
~/.At 1~ throu~t l~oflo, one f~r/oe~rat~ and one wat~ olu~
etooto~ outo~f/al~ ~y (v~ p~oper PlPtM/~lvLn~/p~ooedure~) O~vo ~th Lnr~
AC 150/5230-4
App~ndi~
(~) Harked vith letters at least ~-inohes hiR~and color coded at
lnl~t~ outlet a~d valve to olea~ly ldenti~y ~uel type and R~sde;
(3) Under~rouad or protected £rom damage by surface vehicles;
(#) Free o~ zino, oopper (exoept~ POaSlbly~ tub~n~ eervlnK test or
pressure Kau~e syatoms)~ and cadmium; and
(5) Clean and ~ o~ ~l<nl~iosnb Pus~ aoale~
~Po~h o~ otheP mabePlals ~loh could con~am~na~e ~uel,
e, HJ~e~l.NOzzles and ~b~ow Co~eoto~ ahould~
(Z) Be o~ly these specifically designed and tested For ~ellvery o~
aviation
stoPage;(~) Bqulp~d ~l~h appropriate unique Fuel oouplin~
(dead=an~) Be controlled by sp~1ng-}oaded, nonbypass~ble auto~atlc ~uel F/ow cutoff ~eature; and ~1
(~) Be oolo~ ooded to identify Fuel type. ~/
cause Failure of Insulation, o~n apa~k or Othe~ ~gnltion sou~oe.
(2) O~ a type op design approved For uae tn Class I~ O~oup D~ Division
ha~apdous locations (explosion ppoof~ l.e.~ ~ee oF exposed eonduo~oes, contact[
s~ltohes, oonneoto~a, ~to,e~ ere., ~hloh could ~ene~ate ~pen spark o, othe~
exposed ignition coupes duPln~ nopmal operations). See National
As$oelatioa (~PA) $~anda,d 70, National EleotPloal Code.
~. ~r~od~ and Bondl~ ~ul~men~ should P~OVlde tha~ plping~ F~lters~ tan
and el~trloal ~m~nents a~e eleo~rl0all~ bonded together
adequate eleet~Ml 8round,
(~) Clea~ly mapked a~d eolop aoded as to ~el type;
aZ Coloe ~d ~kl~ oodes shall be In aoooedanoe ~lth the latee~ P~& advisory
~/ Ca.bls oF oveP~dl~ all other oontroll and stoppl~,
merit, e~l ~el
2/20/86
~tandar4 ~07 (a minimum o~ &ooeoslble firs extinguishers meeting stand.ds
t~o~ sash haling at 3east & ~O~c ~aL~)j and °r~A
(3) ~u~ppod ~lth bond/~ound ~lre and appropriate coflneotop ol~p
~POu~d]~ ~ankera,
t. ~adt~ D~a ~nd ~tp~ should be~
(1) C2ea~y earked end oolor coded aa ~O~el ty~l ~/
(]) Zr ~op 3oad ~Y~em~ equipped ~h aeta1110 dPop tubs (hav~ng
~Plaah rue1 ~erleokop) /ong enou~ ~o ~eao~ bottom of deepest ~ele~
Ca) ~utpped ~th a "deadmen. eon~rol;
(5) EqUipped ~/th boldly marked em~&eney cutoff; ~/
(6) EquXPped ~lth ~nd/~Pound ~re and aPPPoprxate eonneo~o~ oXamp
ground,s& rueler vehioleal and
vanishes, Peeveflt the lntnoduo~1on st ~pPOpen ~e~ Into retue/n~
tank---~1) ~11 paeta oP ~el~ng ayaC~ lnelud~ng
· z~zo, tank hatohea
and vefl~o~ea g. alvea, ~op ~o
should be maPked ~e ....... ad ~op tubes, hoar
~ meflen~zy aA~ O0~or ooded;
(~) Harkin~ and oolor ~ndo on Ovar-the-~l~K noz~lea used for load/~ fuel
onto al,craft should not be subject to oblpp~g, ~ellng, or
~. Om d Ay t 11 ,
unle~ _~ ~d rods Should be avail ~
-- -~ ~a~Aono Po~ minute, bl_
~. H bll ~ F e I Pits a d ~u 1 ab ets.
a. ~. ~he ovatem ohould~
~1) Re m~ked ~/th le~t~a a
dange., ~ablllty, standard h t lea~t tT~obea ~1~ on a
JneAde eee~ oom~Ptmen~ (If any)agaPd°ua nateeAaA Plao~d ~Ath ~ alden to
to Peoh~blt ~Okln~l n~be~ ~/ and,
(~} Se m~ked ~lth 1ette~a at leaot 3-1nohea h1~ on nix a~des and t~
Cab to Ole~1y nho~ type o~ ~ade of ~el ~n
~/ I~0~ fo~ alZ av~aol Za~ to~ Jet ~ (~)l ~d 1863 ~o~ Jot A.
4
2/20/86 J~¢ 1S0/5230-4
.(~) Contain/dispense only one type oP ~p'ade Or ~el unle8e the vehiele uae
8peoirio~lly designed to oon~a%n/die~nae ~l~tple g~a~es or ~ell
(~) l~ ~ ~ixed lo~tioa (e.~.~ pit ~ ~el~M oabine~)~ be ~uipped v/th~
b~ ~F~A 8~and~d ~07 (a ~nimum of t~o, eaoh h~viM a~ leae~ a ~O~C reaLM)
(5) l~ a ~bll~ ~ele~ be equipped vith: (a) a ~a~em O~pable or
oveP~ldlng all o~he~ oont~ols and etopp~M, v/th one ph~sioal ~e=ent~ all
(G) Con,mia no ~ea~uPe ~XOh ~ould tiler Ln~P~uo~Lon of iny
(~) Con,sin no ~ea~u~e ~loh would all~ ~el o~ oon~en~rj~ed ~
oon~ao~ (du~Lng, no~mal, ope~a~Xo~e, ove~/1liM o~ othe~ spill) exhau~ system, ho~
exhaus~ ~sses~ ~ an~ o~her i~ition eou~oe; and
f/1ter/~k arrestor ~d a leak-~Pee e~u8~ system terml~in~ Ln ~ a~andnrd
bellied (oPi~inal ~uipmen~ ty~)
b. FUQ~ Tab(e) should bel
(~) Closed and ~uipped ~lth ~ske~ed dome oovero (a) ~lOh oon~/ln a
P.8.l. eme~enoy va~p p~ess~e ~elie~ wlvej and (b) ~loh n~e ad~ua~e to
~uel spillage du~/n~ veh/ole movemen~ and $nrl~ or ~ter ~ytime]
(~) g9uipped ~i~h ,~p dPain~ ~ith ou~le~ l~&~ed to rnollitate oonvenlen~
cap~u~e or out~l
(~) gqulpped wl~h tank bo~ ou~l~ ou~o~ valve ~ioh ~n bX~k ~el
~l~ l~d ~pXll Xn even~ o~ pXpXM rupture op o~he~ v~lve
(~) ~reo Or ~i~, oopper~ o~L~; ~d
~ro~h0 or other ~ter/al ~oh could oont~nate
j~/ Capsblet of oveerXdin~ all other oontrole and etoppiM, vitb one physioal
movement~ ~11 fuel floe,
A~pe~4ix 7
(l) Zf for &v~ae, =entel
to matOh trmx~um pun fl n at leaet a
mump d~a~n ~h co P c~ c~pacZ~ a dS~re~cnt~el ~ c out~Zo~
tier Zc~ated to ra-*~*, ...... P erasure check a s . d
ucTzo~$
match maximum pump capacity, d~rr
ouLr~ov, an~ ~.-. .... =---. vz~n ou~ze~ ~a~e ~ -~o~.a~ Poa~Lve
.... -~* -ampz~n~ H~ d tO rao~l~tete oo
-, ..u ', -*~-.m or all t~lte~ an~
(~) IF tot av~a~ be equlppeg v~th a F~nal ~n-l~ne F~ltep ~ pump to
a~r~ra~t,
~' ~ should
(l) aea~o~bly P~o~eoted r~ lmPaOt/st~ea~ ~oh could cause euPtu~e/~el
(~) r~ee ct z~no, oo~pe. (except In tub~n3 ae~v~ tea~ op Pees$u~e (aqe
ey~e~), and oadm~um~ and
(~) Clean and r~Oe o~ ~u$t, eoale~ ~u~raotants, b~olo~cal ~rOvth~
Othe~ ~tenlal ~loh could contaminate fuel,
e. ~es,..~o=~es~ and Con~ee~ should
(~) Only these ePeu~rl~all~ designed, teeted~ and ~,keted roe delivery
avlatZon
sto. a~e;(~) Equipped ~th aPPropriate U~que ~el ooupl~n~o ~o~ eaoh P~duot
(~) Ir oven-the-win( noz=le~, meet Society or Au~t~ve
(~) gqu~pped with duat cap or othe~ te~ura ~h~oh wtll
oon~am~nant ln~rodpot~on Xnto
(S) ~qu~p~ed w~h nonbypaeaable 100 me~b noztle/oonneoto~ aoreen~
(~) C=ntr=lled b~ a dead~ tlgv avtott teatupe; ~d
~/ Ir Ay(aa ~ ~ ~el
and (~) no r~ed~e area oP o~her source havl~ (~) no eettl~ tafl~
' to ~qu~re a~ least ~ hours a
,sequent
, ( remove a~ ~ate~ __ e~tl~n~ t~ee and
or tilter, ... -.~r ezu~ oeteo~op outorr/ala~a tn place
~/20/86
· ~pendLx ?
(?) Color ooded to identify ~uel type. ~/
t. ~_{},o~r~T gou~ment ~nd W~Lr~ ahou~d be=
(l) ~eseoflably proteo~ed ~rom heat, abrasion, or other impost ~teh could
(2) O~ a ~ype or des~Rn approved ~oP use ~n Ciasa l~ O~oup
h~z~doua ~at~oM (explosion p~oo~ ~.e.~ ~ee or exposed oonduo~o~8~
sw~ohea, oonaeo~o~e~ mo~ora~ e~o.~ ~oh sound ~enera~e open s~k or o~heP ~ni-
~on souroe durl~ normal operations). See ~PA Standard ?0, N&~on~ ~leo~r~oal
Co~e.
~. 0~ an~ B~ndJn~. The system oho~d:
(1) Provide eleo~rAoal oon~lnu~y be~.een a~ ue~a~l~ or
oomponen~8~
(2) Have bo~h ~ound and bond~n~ vireo, and ol~po ad~uate ~o ~ao~litate
prompt, de~nite eleotr~oal Sroand oonneot~on betveen ~eler/pit/oablnet,
system, and airora~ heine fueled~ and
(~) If a pit or oabine~ be ~rn~entl~ eleotrioallr
~. Fu~iM Per~on~eZ.
a. ~. Fuelins ~rsonnel should be or au~f~olent n~ber to
operate the fuelJna e~stem ~d to ~om WP~odio oheok~/lne~otiona
tha~ system's pro~ runeS/on,nS.
b. ~Fat~i~forSupe~Lao~Per~on~e~, At leas& oho ouperv&ooP must have
completed an av~a~lofl ~e~ t~alntn~ oouPoe 8~ ~ appeoved FAA/Industry a~noo~ed
tue~in~ oouroe. ~ollowln~ ~n~ia~ ~reln~, ou~rvLeory ~roonnel
(~) Bo able to ~den~o explain ~ ohar~o~lo~ios sro ~nd dio~i~ioh
ben,eon, the var~ou~ types st ~el (usins tl~billlity~ osier, ~or, ~d reel)
toun~ on ~he
(2) ~e able to dio~l~oh Moolina ~eled reolprooe~l~
~urb~na en(lneo ~d explain the m~or tos~ureo st etoho ~d deoorl~ the
~ue~s ~nd O~o ~od by oaohl
(3) Be ~b~o ~o ~den~lF~ (b~ ~e~p~m~ ~d ~u~eed ~e~ ~e o~ ~ade)
m~rorar~ normm~y on fue~erto r~p, ~d ~o ~u~no~y pro~r~F
(~) Be able to Xdent/~y and e~Xiin the ~re ~on oo~a
er~eo~o o~ ~el oon~Xn~o: weber; obher types o~ ~02, biolo~l ~h,
our~o~an~s, lin~0 rush, o~d0 and obher ~on solid
AC 150/5230-4 C~O I 2/Z0/~6
Appendix ?
(5) Understand and be able to explain shat should be done vhen one or more
of these oontasinanta is found tn
(6) ~a able to ~dsntif~ and explain b~aio purpose of requi,ed Components
of the fuel farm end mobile fuelePa, pits, and fuelin~ cabinets ~e? noPmally
(?) Be able to explain purpose of and asfe~y perform
inapeotione/ohe0ka needed to keep equ~paant opeeationel end Funo~lonin~
(6) Understand smd be able to explain ~hst should be done ehen
~oqui~ed componen~ of Fuel farm, mobile fueled, pit or o~b~net ~s inoperable;
(9) Understand the basle efl~e t~lanale," end he able to ldentif~ the
(10) Understand and be &bls to explain ~he~ should he done if fuel
(11) Understand and ba able to generally explain
~etention e~stina of fuels; end the dangers associated ~lth f~lterln~ and
fuels to and~from storage tanks, mobile feelers, and
(1~) ~ndaP~tand end be able to explain the hazaeda of etmosp~e~lo
eleot~loal ~enomena. inoluding li~htnin~ end etstio ehaP~lnE of a~eo~aft in
(1~) Understand and be able ~o explain main features of pPope~ fire-
~Shtin~ technique ue~n~ end demona~PatiM use o~ the ~lre eXttn~lehe~s noPmally
at fuel fara~ and on fuelePs, pitt oabineta]
(la) ~nde~atand and be able to explain deFuelin~ pPoeedurea end preoautione;
(~) :Understand, be able to parlors and be able to explain the quality
oontrol tests neoeee~ry to ensure the lntesrit~ or Fuel provided;
(16) Understand, be able to explain and shoe auooeaaFul ~mpleeen~at~on of
quelit~ control pPooedueee~ lnoludin~ appropelate reoordkeepin~
(~?) ~eoe~ve ps, ladle t~ainin~ auffiolent to maintain ~hia knoeled{e~ end
(18) ~etntain reunrde of ~nd~v~d~sl trainins and reourrent trsinl~.
(1) Bo able ~o ~denti~x~ understand ma]or ohe~aoter~atiea o~, and
distinguish b erases, t~a v~/ouo t~8 of ~uel (ueinK t~meblli~, oolor,
and feel) found on the
8
2/20/e6
Appendix ?
(~) Be able to lden~l~y (by powerplen~ and required ~uel type or ~p'ade)
aircraft normally on ruelera ramp, and to routinely PPoperly ~ual same;
(4) Be able to identify and understand the acre eowon sources and major
erreo~e or ~uel oonteminante~ ~ate~, otheP types o£ fUel, biological
eurrao~ants. ~in~. rue% and o~her ~o~on aol~d P~ole8;
(5) Understand ~ should be done ~hen one or more o~ ~he~e con~am~nan~
a~e found ~n fueZJ
(5) Be able ~o ~den~lfy and understand basic purpose o~ required eom-
ponente o~ the fuel F~Pm and mobile tuele~a, pits, and fuel{ns cabinets ~hey
normally use~
(7) ~e able to understand pur~e o~ ~nd sa~ely per~oPm
tnPectlOn~/oheok~ needed to keep equipment operaktonal and funo~iontn~
(8) UndePatand ~hat ~ho~ld be do~e ~hen required co~poneat o~ tuel
mobile ~ueler~ plt aP oablne~ ts Inoperable;
(9) U~dO~s~and ~he ~sio "~lre trlaa~le~, and be able to ldon&l?y the more
oo~on IRnl~lon Souree~ ~ouno on airports;
(10) Understand ~ha~ ~hould be dona 1C ~el leak or spill ooourm;
(11) Undera~n~ atat%o-genera~%on/re~en~%on mlet~n8 of fuels; and
mobile fuele~.~ and
ll~nl~ and at~lo oha~gln~ O~ ai~erar~ In fliRht;
d. Cl°thlMaP~ ?~P&wea~. Fueling personnel mhould be appropriately clothed
(garment's o&he~ &h~n e~lk~ ~lyes&e~ nylon ~l&h ~1~ o~ o&he~ atatSo gene~attn~
~ene~ate e~rke on ~vement).
e. O~heP. Fueling personnel should no~ ~ppy on thei~ ~ao~ (at an~ time
ln~ on~ ap ~l~h~n 100 ~eek o~ any ttnk~ dook~ ~toPa~e aPea~ ~elee o~ al~o~aft)
&Rn~t~nR devl~ including safety matches, mtr~ke-an~here ~tohea,
li~hteP, oP otheP ~tems ~&oh could become i~ltlon mouoes ~f opePated~
h~t, or dPop~d.
~* ~u~e~y~e&on. Fuelln~ Personnel should be adequately ,upe~vlse~
oally ohe~ed ~ a~sups tPalnl~ and ~owledge levels ~e~&ntained, all ~ul~ent
and r~uired oom~nen~s ape kept ~lly opePational~ P~uieed ~riodic checks and
Appendix ?
and grade or olean, dry "on epee" fuel ia routinely delivered to the proper
aircraft.
(2) gnsure [hat fuel unIosdin~ end fueleP lo&din~ are carried ou~ only
~i~h qualified personnel preeentl
(5} Ensure fueling ia per[armed only outside, never in a building;
(6) Ensure foolers are never parked oloee~ than 10 feet from eaoh other,
50 ~ee~ from any build;n8 or airoratt no[ being fueled/de~ueled; and, du~ln8
load[aR and fueling opera~lons, 100 ree~ free maskers or other visible sources or
(7) gnsuPe that before all unloading~ load[nO, tuelin~ and defuelin8
opera,ions are begun, all mo[oPe, engines, radios, and othe~ eleetrio&l and meshes-
leal equtpmen~ (exoept only auxiliary pouer unite) not needed for that epee[fin
operation a~e turned off and kept off;
(8) ~nsura ~ha[ all systems and tue~ers a~e ~j, ounded be[ore oommenoin8 end
du~inA all ~ue~ handling opera[;oriel
(9) Ensure that before opening any alro~art or fueler tanker commencing
any fueling:operation (and at all times durin~ ~uel transfer) at least a bondin~
wtre is oonheotad between fueler being loaded and the loading desk ground, or
between thelrueler, pit, sabine[ and the aircraft beir~ fueled.
ensure that all ~uel farm, ~ueler, pit, and sabine[ equipment to be used ia tn 8sod
operattn~ oondition; that the tank and filter or fil~er/separ&tor involved have
bean aumped in the previous ~ hou~s and that the fuel about ~o be loaded or pumped
into the airplane is tree of nontaminan~s and of proper color, smell, teal, and
type and lei #elmer &~d bright|"
(Il), ~efore leadln~ any mobile fuele~ or refuelin~ any &lroraft, assure
that within, the preoedin~ ? days= (a) differential pressure for each filte~ of
filter/separator on ~he fuel f~u,m, pit, sabineS, and mobile rueler has bees
oheoked, oompered with prior ~eadir~s, and found w/thin manufan~u~erts toleranoee
and that; (b) all aUssie/home oonneotor aoreene hays been visually ohsoked and
10
71il87 &ppsndSx 7
Before 2sidles any mobile fueler or refunll~ say aircraft,
-h...code.. DO d.., (.!
has been visual y -, ....~----rator- (c) if jet fuel $~stem, at
dovnstreau of each filter or z~v,--r- ·
visual) ~tlllpore (or equivalent), test has been con-
least a colormetrit_( ..... ,:,ter/ee~srator~ (d) each u~blle fucker
dotted dovnstreom at last tt~ter at s.~
teton ins action, tntludioS a otsht spark
nil been Seven a cn?~l visual ~nd ·
nhlUlt s item nil seen cnoxuua,0A;
:nd (f) t~e entire fueler is mechnnicollY sound and
(13) Before load~n8 any mobile foelet or refuelinS on~ aircraft,
ensure that vithtn the Fait 12 mOnthBt (o) each filter and filter/separator
test in v~ich it can re~ta tn.service mn addittonot
fusiOnS.hose tn the system has been itretcbed to leo fult tensth, blt hid hms
mextmu~.pumpt~ pressure apnlied, and (v~tle t~lm pressure ia maintained)
been vttuaTt7 a~d tactility checked and found free of otSntftcant cuts.
tors, or other indtcattop of potential failure;
device, o~ connection has been checked for etectrttmt continuity; and'that
(14) &.m~re that ~btXe fue~er loa~tnS and at,craft fueTtnS is con-
(15) ~amure that fuel form ofld ,~1 equipment LB kept nest ,nd free
of irish Or debits ~teh could ousts or contribute to fuel contomlnstion or
fire,
(16} Enjure that all five exttnsutshera are c~ecked for c~erse and
condition &t least semiannually& and
(17) E~BUT$ that rue% service operations m~ml% be oumpended
the~e are ttS~tntn~ dtmc~arsem in the i~edtmte v~ctnity of the airport.
Foster oteff a~d ,~pervtoOra should develop and maintain (for at
teas~*l~nth,) records Adequate t~ at leatt shay: tat of att foot
bFousht onto the
(3) Checks (and any subsequent corrective action token) Mdc on
equipment tequt~ed by these mtsndardo~
(3) Tritntng siren and qualifications/achievements of slx fueltns
staff on airport.
d be Mdc avatttble for tnopection by the at~port
b. ~eee records ~u~ .... ---,-,-erotism (t~) upon ~equest.
OpermtO~ o~ the Federal AViaTion
AC 150/$230--& CHG 2 ?/1/87
may ~fLe a~rcraft engines zz mn FAA Supple~entnl typo car-
development. APl SulleCin 1542 pre.rib, no acronym or color codin$. Until
o&reeuant fo reached in the industry end fo published, automobile gasolines
hrousht outs the airport for use in eircraft o~oll be ident~fxed by their
full noueo or by the ~cron~n '*mn&as," follo~ed b~ specific description es to
srade/t~pe end octano Fating, a.S., "~o&oS-Unleided Resula~ (8~.~ctane),~.,
"~oios-Unleoded tesular (87 octane)," '~osss-U~leaded Pr, msum ~1 octane;,"
Auto=o~lve f~el sold on airports uult be rated for aircraft use usin~ the
u0ed to Jdentif~ a specific lviecion fuel, no color coding v~il be uae4 fo~
~os; Lo it~ piece, ~:'e ~eneric Icron~ "~ls*' viii be bo~dl~ affixed ~ifl~
pipe/volve/ten~/vehicle bein~ uoed. The patn~ or Mterie% for ")~o~e,' iden-
tification ~ouZd be d/l~ ~ctly d~f~ere~ from ~ny nE the color~ u~ed fat
AVSSI,
v A mupplemental type oartttto&te
been obtained and tr minor adjustments ~e made tn the &trot&fits engine. None or
octane)." ~utomotive tuel sold on air~te mum[ be ra~ed rot ~i~ora~ use ustn~ the
"mo[or met~od alone." ~e oolor ood[ng o~ color bandit8 uould normally he used
t~s place, the ~enerio aoron~ "~s" viii be ~ldl~ a~ttxad uatn~
which oleaely contrasts w~th the surface or the pl./valve/tank/vehicle be[n~ used,
The paint er ~a~[al ~o~ SMogs" identification should be distinctly
rr~ any o~ the colors used roe
[2 (aha 13)
2745L
RESOLUTION NO. ~-~!
A RESOLUTION APPROVING BUDGET TRANSFERS FOR FISCAL YEAR 1988-89,
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Section 8.07 of the Charter of the City of Denton
provides that, "At the request of the City Manager and within the
last three months of the budget year, the council may by
resolution transfer any unencumbered appropriation balance or
portion thereof from one office department or agency to another",
and
WHEREAS, the City Manager having recommended to the City
Council that certain unencumbered funds of all city departments
be transferred to the city's insurance fund, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I. That the transfer of unappropriated funds from
the budgets of the city departments listed on Exhibit "A" in the
amounts shown thereon on Column B to the Insurance Fund is hereby
approved.
SECTION II. That the sum of $640,577 is hereby appropriated
from the unappropriated fund balance to the Insurance Fund.
SECTION III. That this resolution shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the I~ day of~,
1989.
RAY STE~~OR
ATTEST'
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
EXHIBIT A
SCHEDULE OF BUDGET ADJUSTMENTS
FOR ELIMINATING INSURANCE FUND DEFICIT
COLUMN A COLUMN B
REAPPROPRIATED
BUDGET FOR INSURANCE
DEPARTMENT/DIVISION 1988-89 REIMBURSEMENT
GENERAL GOVERNMENT 451,437 5,795
LEGAL ADMIN 354,462 3,850
MUNICIPAL JUDGE 93,008 500
PLANNING 455,350 20,000
FINANCE
FINANCE ADMIN 226,196 1,612
PURCHASING 217,821 2,100
CUSTOMER SERVICE 854,072 22,000
TREASURY 213,444 531
ACCOUNTING 407,872 1,209
TAX 60,745 441
MUNICIPAL COURT 200,716 1,537
TOTAL FINANCE 29,430
MUNICPAL SERVICES
MUNIC SERV/ECON DEV 164,002 2,000
BUILDING OPER 871,896 2,000
OPER ANALYIS 87,194 11,850
PERSONNEL 387 542 3,000
WORD PROCESSING 201 474 6,000
DATA PROCESSING 744 656 25,301
PARKS ADMIN 225 722 0
LEISURE SERVICES 941 759 15,000
PARES MAINTENANCE 899,077 10,000
LIBRARY ADMIN 196 086 12,905
LIB SUPPORT SERV 265 173 24,085
LIB ADULT SERV 210 605 9,242
LIB YOUTH SERV 173 146 0
TOTAL MUNICIPAL SERVICES 121,383
COMMUNITY SERVICES
COMM SERV ADMIN 250,708 500
STREET PATCHING 792,287 7,456
STREET CONSTRUCTION 692,396 7,456
STREET DRAINAGE 338,646 0
STREET LIGHTING 363,000 60,000
ENVIRONMENTAL HEALTH 118,523 5,700
ANIMAL CONTROL 265,941 0
TOTAL COMM SERVICES 81,112
PUBLIC WORKS
ENGINEERING 855,793 12,427
EXHIBIT A
SCHEDULE OF BUDGET ADJUSTMENTS
FOR ELIMINATING INSURANCE FUND DEFICIT
COL~ A COLUMN B
REAPPROPRIATED
BUDGET FOR INSURANCE
DEPARTMENT/DIVISION 1988-89 REIMBURSEMENT
INSPECTIONS 365,119 2,950
TRAFFIC ENGINEERING 380,573 0
AIRPORT 95,058 1,275
TOTAL PUBLIC WORKS 16,652
POLICE
POLICE CID 805,204 23,493
POLICE ADMIN 747,702 0
POLICE PATROL 3,186,236 41,072
TOTAL POLICE 64,565
FIRE
FIRE ADMIN 537,939 2,500
FIRE OPERATIONS 2,880,002 16,300
FIRE PREVENTION 163,997 1,200
EMERG MED SERV 801,858 0
EMERG MGMT 62,844 0
TOTAL FIRE 20,000
SUBTOTAL GENERAL FUND 363,287
APPROPRIATED FROM
UNAPPROPRIATED BALANCE 3,473,955 640,557
TOTAL GENERAL FUND 1,003,844
ELECTRIC
ELECT ADMIN 793,265 22,080
ELECT PROD 51,097,802 68,248
ELECT DIST 3,682,429 106,387
ELECT METERING 693,673 36,131
ELECT COMMUNICATION 82,347 10,037
ELECT SUBSTATIONS 429,913 12,044
ELECT ENGINEERING 398,551 14,051
ENERGY MGMT 712,771 2,007
STREET LIGHTING 303,632 4,015
MISC 7,173,171 0
WATER
WATFR ADMIN 212,435 0
WASTEWATER ADMIN 157,521 10,200
WATER PROD 4,156,155 100,000
WATER DIST 2,159,157 34,992
EXiIIBII A
SCHEDULE OF BUDGET ADJUSTMENTS
FOR ELIMINATING INSURANCE FUND DEFICIT
COL~ A COLUMN B
REAPPROPRIATED
BUDGET FOR INSURANCE
DEPARTMENT/DIVISION 1988-89 REIMBURSEMENT
wATER METER REPAIR 477,308 10,2U6
WATER ENGINEERING 107,834 4,374
WASTEWATER TREATMENT 1,945,512 37,908
WAMTEWATER COLLECTION 1,181,137 17,496
WASTEWATER ENGINEERING 315,892 10,206
WATER LAB 78,858 2,916
WASTEWATER LAB 249,903 7,290
MISC 5,612,690 0
TOTAL UTILITY FUNDS 510,588
SANITATION
RESIDENTIAL 1,175,484 4,636
COMMERCIAL 791,466 49,026
DISPOSAL 507,470 25,987
TOTAL SANITATION FUND 79,649
TO'IAL RF£REATION FUND 623~633 5,919
GRAND TOTAL (ALL FUNDS) 1,600,000
2746L
RESOLUTION
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
BETWEEN THE CITY OF DENTON, TEXAS AND THE TEXAS DEPARTMENT OF
COMMUNITY AFFAIRS FOR THE CITY'S ADMINISTRATION OF AN EMERGENCY
SHELTER GRANTS PROGRAM, AND PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I. That the City Manager is hereby authorized to
execute a contract between the City of Denton and the Texas
Department of Community Affairs, a copy of which is attached
hereto and incorporated by reference herein.
SECTION II. That this resolution shall become effective
immediately upon its passage and approval
1989PASSED AND APPROVED this the~day of ~~__,
ATTEST'
FER~ALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA A. DRAYOVITCH, CITY ATTORNEY
TEXAS DEPARTMENT OF COHI4JIIITY AFFAIRS
CONTRACT NO. 423117 FOR THE
E#ERGEMCY SHELTER GRANTS PROGRAM
SECTZON I. THE PARTZES
Thls agreement ts made by and between the Texas Department of Community
Affalrs, an agency of the State of Texas (herein the "Department")
and City of Denton (herein
"Contractor").
SECTIOM 2. CONTRACT PERIO0
The pertod for performance of this contract, unless earlier terminated, t$ May
lB, lgBg through May 17, lggO, (heretn the "Contract Period").
SECTXON 3. CONTRACTOR PERFORNANCE
Contractor shall conduct, in a satisfactory manner as determined by
Department, an Emergency Shelter Grants Program pursuant to the Stewart B.
McKtnney Homeless Assistance Act, Title IV of Public Law 100-77, and the
McKlnney Amendments Act of 1988, Public Law 100-628 (herein collectively the
"Act"). Contractor shall perform all activities In, accordance wtth the terms
Of the Performance Statement (herein "Exhibit A"); the Budget (herein "Exhibit
B"); the Applicable Laws and Regulations (herein "Exhibit C"): the assurances,
certtficatlons, and other statements made by Contractor in Its Emergency
Shelter Grants Program (herein "ESGP") application, and with ali other terms
of thts contract.
SECTXON 4. DEPARTHENTO~LXGATION5
A. In consideration of Contractor's full and satisfactory performance of this
contract, Department shall reimburse Contractor for the actual allowable
costs incurred by Contractor In the amount of:
Eighty-two Thousand Eight Hundred and No/lO0 Dollars ($BZ,800.O0)
B. Department's obligations under this Contract are contingent upon the
actual receipt of adequate ESGP funds from the U.S. Department of Housing
and Urban Development (herein "HUD"). If adequate funds are not available
to make payments under this contract, Department shall notify Contractor
in wrttlng within a reasonable time after such fact Is determined.
Department shall then terminate this contract aqd will not be 1table for
the failure to make any payment to Contractor unddr this contract.
C. Department shall not be liable to Contractor for any costs incurred by
Contractor which:
(1) have been reimbursed to Contractor or are subject to reimbursement to
Contractor by any source other than Department:
Page 1 of 10
ESGPIRev. 6-89
(2) are not allowable costs, as set forth in Sectton 6(BI of this
contract;
(3) are not strtctly In accordance with the terms of this contract,
Including the exhlbl~s; .-
(4) have not been reported to Department by Contractor within ninety (gO)
days following termination of this contract; or
(5) are not Incurred during the Contract Period
0 Contractor shall refund to Oepartment any sum of money which has been paid
to Contractor by Oepartment, which Department determines has resulted In
an overpayment, or which Department determines has not been spent strictly
in accordance with the terms of this contract Such refund shall be made
by Contractor within fifteen (15) days after such refund is requested by
Oepartment.
SECTION 5. NETHOOOF PAYMENT / CASH BALANCES
A Contractor may request a working capital advance of thirty (30) days' cash
need or Five Thousand Oollars ($5,000 00), whichever Is greater
Contractor's request for a working capital advance, must be based on a
realistic estimate of the amounts required to be disbursed over the 30-day
period tn payment of allowable costs, as set forth in Section 6(8) of this
contract. The worktng capital advance shall be requested on a Financial
Status Report & Fund Request (ESGP Form 270-a) and a State of Texas
Purchase Voucher.
B Thereafter, Contractor shall submit to Department a properly completed
ESGP Form 270-a and a State of Texas Purchase Voucher for the amount of
Contractor's actual cash disbursements. Oepartmant shall determine the
reasonableness of each amount requested and shall not make disbursement of
any such payment unit10ebartment has revtawed and abbroved such request
for reimbursement. Fund requests may not be made more often than monthly
C A11 funds paid to Contractor under this contract are paid in trust for the
exclusive benefit of the ellglble recipients of ESGP services and for the
payment of allowable contract expenditures.
SECT[ON $. UN[FORN AOMZN[STRAT[VE REQUIREMENTS ANO (33ST PRINCIPLES
A Except as specifically modtfted by law or the terms of thts contract, in
performing thts contract, Contractor shall comply with the unlform
administrative requirements set forth tn OMB No. A-110 or OMB Circular
No. A-102 as supplemented by the Texas Uniform Grant and Contract
Management Standards, I T.A.C. §5.141 e_~.t seq. (herein the "Untform Grant
Management Standards"), whichever is applicable to Contractor All
references in the Uniform Grant Management Standards to "local government"
shall be construed to mean Contractor.
8 Except as spectflcally modified by law or the terms of this contract, in
performing this contract, Contractor shall comply with the cost principles
set forth tn OM8 Circular No. A-122 or OMB Circular No A-87 as
supplemented by the Uniform Grant Management Standards, whichever is
Page Z of 10
ESGP/Rev. 6-89
applicable to Contractor All references in the Uniform Grant Management
Standards to "local government" shall be construed to mean Contractor
C Notwtthstandlng any other provision of this contract, Department shall
only be liable to Contractor for costs Incurred or performances rendered
for activities specified in 24 C F.R §$76 21(a), '53 Fed. ~eg 30,186
(August 10, 1988) as amended by 54 Fed Reg 750 (January 9, 1989)
Oepartment shall not be liable to Contractor for the costs of any other
activities, Including but not limited to'
(1) acquisition of an emergency shelter for the homeless,
(2) renting commercial transient accon~x~datlons for the homeless (such as
hotel or motel rooms) unless the conditlons In 24 C F R
§576 51(b)(2)(lv)(B) and CC) have been met;
(3) any administrative or staffing costs other than those specified in 24
C F R §576 21(a)(2);
(4) rehabilitative services, such as preparation of work speclflcatlons,
loan processing, or inspections; or
(5) renovating, rehabilitating, or converting buildings owned by
primarily religious organizations or entities except as speclfically
authorized by 24 C.F.R §576 21(c)(2).
SECTION 7. CONTRACTOR'S MATCH
A Contractor shall provide an amount of funds equal to the amount of funds
provided by Oepartment under this contract (herein "Contractor's Match")
provided during the Contract Period from
Contractor's
Match
must
be
sources other than this contract Funds used to match a previous ESGP
award may not be used to match the award made under thts contract
Contractor's Match may tnclude funds provided by any subrectplent to which
Contractor provides funds under this contract
8 Amounts may be counted towards Contractor's Match only If such amounts are
costs or resources of a type specified by budget categories delineated tn
Exhlbtt B and only tf such amounts are computed In accordance with this
Sectton. In calculating the amount of Contractor's Match, Contractor may
include the value of any donated matertal or building, the value of any
lease on a building, any salary paid Contractor's staff (or that of Its
subrectptents) tn carrytng out the actlvltles required under this
contract; and the time and services contrlbuted by volunteers to carry out
such actlvltles, determined at the rate of Flve Oollars ($5 00) per hour
Contractor shall determine the value of any donated materlal or bulldlng,
or any lease, ustng any method reasonably calculated to establish a fair
market value
SECTiON 8. RETENTION ANO ACCESSIBILIIY OF RECOROS
A. Contractor shall matntaln fiscal records and supporting documentation for
all expendltures of funds made under this contract In a manner which
conforms to OMB Circular No. A-87 or A-122 and thls contract Contractor
$hall comply wtth the retention and custodial requlrements for records as
set forth In OMB Ctrcular No. A-lO2 or A-110
Page 3 of IO
ESGP/Rev. $-8g
B Contractor shall give HUD, the Comptroller General of the United States,
the Auditor of the State of Texas. and Department, or any of thelr
authorized representatives, access to and the right to reproduce all
records belonging to or in use by Contractor pertaining to this contract.
Such access shall continue as long as the records are retained by
Contractor Contractor agrees to maintain such redords in an accessible
location, Contractor shall Include the substance of this subsection in
all subcontracts
C Contractor shall ensure that any subrectplents receiving funds provided
under this contract shall comply with the record retention and custodial
requirements specified In this Section
SECTION 9. REPORTING REQUIREMENTS
A Contractor shall submit to Department such reports on the performance of
this contract as may be required by Department including but not limited
to the reports specified In this Section.
B Contractor shell submit a monthly Financial Status Report (ESGP Form
~.~ 270-a) on or before the tenth (lOth) day of each month of the Contract
Period regardless of whether Contractor makes a fund request
C Contractor shall submit a final ESGP Form 270-a to Department within sixty
(60) days after the end of the Contract Period The failure of Contractor
to provide a full accounting of all funds expended under this contract
~ within ninety (go) days shall be sufficient reason for Department to deny
or terminate any future contracts with Contractor
D Contractor shall submit a performance report to Department for the periods
ending August 3l, lg8g, November 30, lg8g, and February 28, lg90, not
later than fifteen (1Si days after the end of each such period
Contractor shall submit a final performance report not later than sixty
(60) days after the end of the Contract Period Such reports shall be in
a format to be prescribed by Department pursuant to Section 18
E If any of the funds received under this contract are used for the
~enovatton of an emergency shelter Contractor shall submit performance
reports to O~art~ent-For-the p~rlods ending April 30, )9g~, anCAp~tl 30,
Igg2 Such reports shall be submitted not later than thirty (30) days
~f[e~ the end of each such period
F, If Contractor falls to submit, in a timely and satisfactory manner, any
report or response required by this contract, Including responses to
monitoring reports, Department may withhold payments otherwise due to
Contractor hereunder~ If Department withholds such payments, tt shall
noilly Contractor In writing of Its decision and the reasons therefore
Payments may be withheld by Department until such time as the delinquent
obligations for which funds are withheld are fulfilled by Contractor If
the delinquent report or response is not received within forty-five (45)
days of Its due date, Oepartment may suspend or terminate this contract
If Contractor receives ESGP funds from Department over two or more
Contract Periods, funds may be withheld or this contract suspended or
terminated for Contractor's failure to submit a report or response
(Including a report of audit) past due from a prior Contract Period
Page 4 of I0
ESGP/Rev 6-89
SECTXON 10. MONITORING
Department may 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 performance of thls contract After each -
monitoring visit. Oepartment shall provide Contractor with a written report of
the monitor's findings If the monitoring report notes deficiencies in
Contractor's performance, the monitoring report shall include requirements for
the timely correction of such deficiencies by Contractor Department may
withhold funds, place Contractor on a cost reimbursement basis, suspend
performance, terminate thls contract, or invoke any other available remedy in
the event monitoring reveals material deficiencies in Contractor's performance
or If Contractor fails to correct any deficiency within a reasonable period of
time
SECTION 11. INDEPENDENT CONTRACTOR
Department ts contracting with Contractor as an independent contractor To
the extent allowed by law, Contractor agrees to hold Oepartment harmless and
to Indemnify Oepartment from and against any and a11 claims, demands, and
causes of actlon of every kind and character which may be asserted by any
third party occurring or in any way incident to, arising out of, or in
connection with Contractor's performance of this contract.
SECTION 12 SUBCONTRACTS
A Contractor shall develop and implement procurement procedures which
conform with the uniform administrative requirements referenced in Section
6, and if Contractor is a unit of local government, with all applicable
state and local laws, Contractor shall not procure supplies, equipment,
materials, or services except in accordance with such procurement
procedures
B Contractor shall comply with the provisions of 24 C F R §S76 79(e)
.concerning the use of debarred, suspended, or Ineligible contractors
SECTION 13 CONFLZCT OF INTEREST I NEPOTISM
A. Contractor represents 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 with the performance of this contract and
that no person having such interest shall be employed by Contractor or
serve as a member of Contractor's governing body
B Contractor shall establish safeguards to prohibit Its employees from using
their positions for a purpose that Is or gives the appearance of being
motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other ties
Specifically. Contractor shall comply with the conflict of Interest
provisions at 24 C F R. §576 79(d).
C, Contractor shall ensure that no officer, employee, or member of the
governing body of Contractor shall vote for or confirm the employment of
any person related within the second degree by affinity or third degree by
consanguinity to any member of Contractor's governlng body or to any
officer or employee who would directly supervise such person This
Page 5 of 10
ESGP/Rev 6-89
prohibition shall not prohibit the continued employment of a person who
has been continuously employed for a pertod of two years prior to the
election or appointment of the officer, Imployee, or governing body member
related to such person in the prohibited degree
SECTXON 14. LEGAL AUTHORITY
A. Contractor represents that it possesses the practical ability and the
legal authority to enter into this contract, receive and manage the funds
authorized by this contract, and to perform the services Contractor has
obligated Itself to perform hereunder
B The person or persons signing this contract on behalf of Contractor 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 bind
Contractor to all terms herein set forth.
SECTION 15. LITIGATION ANO CLAIMS
Contractor shall give Department immediate notice in writing of any action or
claim, Includlng any proceeding before an administrative agency, filed against
Contractor and arising out of the performance of this Contract Contractor
shall promptly furnish Department with copies of all pertinent papers received
by COntractor with respect to such action or claim.
SECTZON 16. SECTARIAN ACTIVIIY
None of the performances rendered by Contractor under this 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
SECTION 17. CHANGES AND AMENOMENTS
A Any change in the terms of this Contract which is required by a change in
state or federal law or regulation is automatically incorporated herein
effective on the date designated by such law or regulation
Except as otherwise provided in this contract, any change in the terms of
this contract shall be by an amendment hereto in writing signed by both
parties. Pursuant to Oepartment policy, no Contractor Initiated
amendments will be approved or processed during the first go days or the
1last 30 days of the Contract Period
C Notwithstanding Subsection 17(Bi, Contractor may make transfers of funds
between or among the budget categories of Exhibit B without an amendment
to this contract provided that.
(I) the cumulative dollar amount of all transfers among direct budget
categories Is not more than five percent (S~) o~ the amount specified
tn Section 4;
the transfer will not change the scope or objective of the projects
funded under this contract; and
(3) Contractor submits a report of all such budget revisions to
Department at least go days before the end of the Contract Period.
Page 6 of 10
ESGP/iRev 6-89
SECTZON 18 DEPARTMENT ISSUANCES
Performance of this contract must be rendered In accordance wtth the Act, the
regulations promulgated under the Act, the assurances and certifications made
to Oepartment by Contractor, and the assurances and certifications made to HUO
by the State of Texas with regard to the operation of ~he Texas ESGP.
order to ensure the legal and effective performance of this contract
Oepartment may Issue policy directives which serve to establish, Interpret. or
clartfy the requirements of this contract. Such directives shall be
promulgated by Oepartment tn the form of ESGP Zssuances and shall be blndlng
upon Contractor as If written heretn. ESGP Issuances shall not alter the
terms of this contract so as to release Oepartment of any obligation specified
In Section 4 to reimburse costs Incurred by Contractor prior to the effective
date of sald Issuance.
SECT[ON 19. TERM[NATION ANO SUSPENSION
A Oepartment may terminate this contract, in whole or In part, at any time
Department determines that Contractor has failed to comply with any term
of this contract Oepantment shall notify Contractor In writing prior to
the thirtieth (30th) 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 Both parttes may agree to terminate this contract tf they believe that the
continuation of the activities funded under thls contract would not
produce beneftclal results commensurate with the further expenditure of
funds, provided that both parties agree, In writing, upon the termination
conditions, Including the effective date of such termination, and in the
case of partial termination, the portton of the contract to be terminated.
C Nothtng tn this Section shall be construed to limit Department's right to
withhold payment and/or Immediately suspend Contractor's performance of
this contract if Department Identifies possible Instances of fraud, abuse,
waste, fiscal mismanagement, or other serious deficiencies in Contractor's
performance Suspension shall be a temporary measure pendlng either
corrective actlon by Contractor or a dectston by Department to terminate
this contract.
D U~on termination or recelpt of notice to terminate, whichever occurs
first, Contractor shall cancel, wlthdraw, or otherwise terminate any
outstanding 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 Oepartment shall not be 1table to Contractor or
tO Contractor's creditors for costs Incurred after termination of this
contract
E. NOtwithstanding any exercise by Department of Its right of suspension or
of early termination, Contractor shall not be relieved of any liability to
Department for damages due to Department by virtue of any breach of this
contract by Contractor. Oepartment may wtthhold payments to Contractor
untll such time as the exact amount of damages due to Oepartment from
Contractor Is agreed upon or Is otherwise determined and paid.
Page 7 of 10
ESGP/Rev 6-89
SECTION 20. AUDIT
A For any fiscal year included within the Contract Period during which
Contractor receives $25,000.00 or more in-federal financial assistance,
Contractor shall arrange for the performance of an annual financial and '
~ compliance audit of the funds received and performances rendered under
this contract. The audit shall be made In accordance with the Single
Audit Act of lg84, 31 U.S.C ch. 75, OMB Circular No 128. "Audits of
State and Local Governments". 24 C F R Part 44, and Department's
supplemental audit requirements. The term "federal financial assistance"
Includes awards of federal financial assistance received directly from
federal agencies, or Indirectly through units of state and local
government At the option of Contractor, each audit required by this
Section may cover either Contractor's enttre operations or each
department, agency, or establishment of Contractor which received,
expended, or otherwise admtnlstered federal flnancial assistance
Contractor shall submtt three (3) copies of the report of such audit to
Department within thirty (30) days after the completion of the audit, but
no later than one hundred and twenty (120) days after the end of the audit
period Audtts performed under this section are subject to review and
resolution by Department or 1ts authorized representative
B. Department reserves the right to conduct addlttonal financial and
compliance audits of the funds received and performances rendered under
this contract. Contractor agrees to permit Department or its authorized
representative to audtt Contractor's records and to obtain any documents,
materials, or information necessary to facilitate such audit.
C Contractor shall be llable to Department for any costs disallowed pursuant
to financial and compliance audit(s) of funds received under this
contract Reimbursement to Department of such dlsallowed costs shall be
paid by Contractor from funds which were not provided or otherwise made
available to Contractor under this contract.
SECTIOM Zl. SPECIAL CONDITIONS
A Department shall not release any funds under this contract untll
Department has determined that Contractor's fiscal control and fund
accounting procedures are adequate to assure the proper dlsbursal of and
accounting for such funds.
B Department shall not release any funds under this contract unit1
Department has received a properly completed Depository/Authorized
Signatory Form (Department Form) from Contractor.
C. Contractor shall have obligated (as such term Is defined in 24 C F R.
§S76.3) all funds provided under this contract on or before November 14,
lg8g. Department shall recapture any funds not so obligated Funds to be
expended by Contractor itself (not through a third party) for the
provlston of asslstance to the homeless will be considered to have met
this ttmtng requirement, if Contractor' (t) Budgets the funds for a stated
eligible activity; (1t) Makes initial expenditures for the eligible
~activity by November 14, lgBg, and (11t) Expends all funds for the
budgeted activity wtthln the Contract Period
Page 8 of 10
ESGP/Rev $-Bg
D~ Contractor shall ensure that any buildtng renovated with funds provided
under this contract Is malntalned as a shelter for the homeless for not
less than a three-year period, or for not 4ess than a ten-year period If
----sUch funds are used for major rehabilitation or conversion of the -'
building. The applicable period shall be calculated tn accordance with 24
C'F R. §576 73(b).
E. Zf Contractor uses funds received under this contract to provide essential
servlces or ma;ntenance and operatlng costs, the acttv;ttes must be
carried out until all of the funds made available under thls contract for
such actlvltles are expended or for the Contract Period, whichever Is
shorter Contractor may use one or more sites or structures to carry out
the acttvltles but It must serve the same general population The "same
~/ general population" means the types of homeless persons originally served
with the funds or persons In the same geographical area.
F COntractor shall make known that use of the factlltles and services funded
under this contract Is available to all
on
a
nondiscriminatory
basis
Contractor must also adopt and implement procedures designed to make
available to Interested persons Information concerning the existence and
location of services and facilities that are accessible to persons with a
handlcap
G. Contractor shall administer, In good faith, a policy designed to ensure
that its homeless facility Is free from the
illegal
use,
possession ~
or
distribution of drugs or alcohol
H Contractor shall not expend ESGP funds for any activities that would
result in the displacement of persons or businesses
SECTION 22. PREVENTION OF FRAUD AND ABUSE
A Contractor shall establish, maintain, and utilize Internal systems and
procedures sufficient to prevent, detect, and correct Incidents of waste.
fraud, and abuse In the performance of this contract and to provide for
the proper and effective management of all program and ftscal activities
funded by this contract Contractor's Internal control systems and all
transactions and other significant events are to be clearly documented and
the documentation shall be readily available for monitoring by Department
B Contractor shall glve Oepartment complete access to all of its records.
employees, and agents for the purpose of monitoring or Investigating the
performance of thts contract Contractor shall fully cooperate with
Oepartment's efforts to detect, Investigate, and prevent waste, fraud, and
abuse.
lC Contractor may not discriminate against any employee or other person who
reports a violation of the terms of this contract )or of any law or
regulation to Oepartment or to any appropriate law enforcement authority.
If' the report is made tn good faith
Page 9 of 10
ESGP/Rev 6-89
SECTION 23. MAINTENANCE OF EFFORT
Funds provided to Contractor under this contract may not be substituted for
funds or resources from any other source nor In any way serve to reduce the
funds or resources which ~ould have been* ay&liable to or provided thropgh
Contractor had this contract never been executed.
SECTION 24. NO MAXVER
NO right or remedy given to Department by this contract shall preclude the
existence of any other rtght or remedy, nor shall any action taken tn the
exercise of any right or remedy be deemed a waiver of any other rtght or
remedy. The failure of Department to exerctse any right or remedy on any
occasion shall not constitute a walver of Department's right to exercise that
or any other right or remedy at a later time.
SECTIOM 2S. SEVERABILITY
If any portion of this contract Is held to be invalld by a court of competent
~urtsdlctlon, the remainder of it shall remain valid and binding.
SECTION 26. PRIOR ORAL AND WRITTEN AGREEMENTS
All oral and written agreements between the parties to this contract relattng
to the sub~ect 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.
SECTION 27. EXHIBITS
The exhibits Identifled below are hereby made a part of this contract:
1. Exhibit A, Performance Statement
2. Exhibit B, Budget
Laws and
3. Exhibit C, A pllcabl.~/Regulatlons
SIGNED this ay of~~'~'1989.
CITY OF DENTON TEXAS DEPARTMENT OF COI44UNITY AFFAIRS
~[.lo/yd ~. HarreTl, / L. Scott,
City Manager / Executive Director
This contract is not effective unless slgned by the Executive Director of
Department or his designee.
)
Page 10 of 10
ESGP/Rev. 6-8g
Exhibit A
City of Denton
PERFORMANCE STATEMENT
Level of Environmental Assessment Categorlcal Exclusion
Contract Funds' $82,800 O0
SECTION 1 Renovation, Major Rehabilitation/Conversion.
Contractor shall provide Thirty-Two Thousand Five Hundred and hollO0
Dollars ($32,500 00) to Friends of the Family for Rehabllltatlon of an
existing shelter Activities include'
Painting interior walls In living room. den/dining area. front entry. 3
offices. 3 bathrooms. $ bedrooms, halls and entry way. wallpaper for 1
office, kitchen. 3 bathrooms, stairwell, and 2 bedrooms
New carpet for 4 bedrooms, hallway. I office, and tlle flooring for
kitchen and dining area
Renovation of kitchen Enlarge area of kitchen to incorporate 2 Small
pantry areas, replace all cabinets, construct center work-stove island.
and build walk-tn pantry closet and cleaning supply cabinet Includes
purchase of Indlstrial-stzed appliances dtshwasher-santtizer, electric
stove, new double sink and heavy-duty disposal, microwave, tce maker.
electrical wiring for plugs (currently Inadequate wiring for kitchen
appliances) Booster central heating and air conditioning for kitchen
area
Purchase of security system to provide 2 survelllance cameras, monitors.
and intercom outside garage door entry and on eave of house to protect
women and children and provide better surveillance capabilities
Page 1 of 2
2428/p8
SECTION 2. Provlsion of Essential Services.
Contractor wt11 provtde Ten Thousand and nollO0 Dollars ($10,000.00) to
Help Our People Emerge (HOPE) for
short term payment of rent
food & clothing assistance
employment counseling
financial counseling
Matching funds of Ten Thousand and no/lO0 Dollars ()lO,O00 00) shall be
from Rent paid by HOPE (6 mos, rent . $2,400,00) and Staff Salary
($7,$00.00)
SECTION 3. Payment of Maintenance, Operation, Insurance, Utilities, and
Furnishings
Contractor wi11 provide Forty Thousand Three Hundred and hOllo0 Dollars
()40,300.00) to Friends of the Family for
Operations - $ 9,600.00
Insurance $ 3,500.00
Utilities $ 7,200.00
Furnishings - $20,000.00
2 hide-a-bed sofas for emergency overflow tn living room
10 trundle beds 4 dressers
4 portable clothes closets
3 desks for offices
2 typewriters for cllents to use for skill-building and to perpare
resumes
4 living room chairs
2 dining room suits
4 baby beds
1VCR and TV monitor used for educational purposes for battered
women and abused children tn therepeutlc groups
Matching funds of Seventy-Two Thousand Elght Hundred and no/lO0 Dollars
(~TZtSO0.O0) shall be from Staff Salartes paid by Frtends of the Family
Page 2 of 2
+2428/pg
EXHIBIT C
APPLICABLE LAWS AND REGULATIONS
Contractor shall comply with the Act specified tn Section 3 of this contract
and with the rules and regulations promulgated thereunder at 24 C F R Part
576, 53 Fed Reg 30,1B6 (August 10, 1988), and any revisions thereto
including those proposed at 54 Fed Reg 750 (January g, lgSg), the OMB
Circulars 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 this Exhibit C.
I NONDISCRIMINATION AND EQUAL OPPORTUNITY
Title VI of the Civil Rights Act of 1964, (42 U S.C §§ 2000d et seq ), 24
C F R Part 1, "Nondiscrimination in Federally Assisted Programs of the
Department of Housing and Urban Development - EFFectuatton of Title VI of
the Civil Rights Act of 1964";
Title VIII of the Civil Rtghts Act of 1968, "The Fair Housing Act of 1958"
(42 U S.C §§ 360l et seq ) and implementing regulations,
Executlve Order 11063, as amended by Executive Order 12249, and 24 C F R
Part I07, "Nondiscrimination and Equal Opportunity in Housing under
Executive Order 11063" The Failure or refusal of Contractor to comply with
the requirements of Executive Order I1063 or 24 C F R Part 107 shall be a
proper basis for the imposition of sanctions specified in 24 C F R §I07 60.,
The prohibitions against dlscrlminatlon on the basis of age under the Age
Discrimination Act of 1975 (42 U S C §§ 6101 e._[t seq ) and implementing
regulations at 24 C.F R Part 146,
The prohibitions against discrimination against otherwise qualified
individuals with handicaps under Section 504 of the Rehabilitation Act of
1973 (29 U S C §794) and implementing regulations at 24 C F R. Part 8 For
purposes of the Emergency Shelter Grants Program, the term "dwelling units"
in 24 C.F.R Part 8 shall include sleeping accommodations,
The affirmative action requirements of Executive Order 11246 and the
regulations issued under the Order at 41C F R. Chapter 60, and
Executive Orders 11625, 12432, and 12138 Contractor shall make efforts to
encourage the use of minority and women's business enterprises In connection
with activities funded under this contract
II. EMPLOYMENT OPPORTUNITIES
Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C
§lTOlu)
EXHIBIT C Page 1 o¢ 3
III UNIFORM FEDERAL ACCESSIBILITY STANDARDS
For major rehabllttatfon or conversion, the Unlform Federal Accesstblllty
Standards at 24 C.F.R. Part 40, Appendix A
IV LEAD-BASED PAINT
The requirements, as applicable, of the Lead-Based Paint Potsonlng
Prevention Act (42 U.S.C §§ 4821-4846) and Implementing regulations at 24
C.F R. Part 35. In addition, Contractor must also meet the following
requirements relatlng to Inspection and abatement of defective lead-based
paln~ surfaces'
(1) Treatment of defective paint surfaces must be performed before ftnal
Inspectlon and approval of the renovation, rehabilitation, or conversion
activity under 24 C.F,R. Part 576; and
(Z) Appropriate action must be taken to protect shelter occupants from
the hazards associated with lead-based paint abatement procedures,
V. USE OF OEBARREDt SUSPENOEDt OR INELIGIBLE CONTRACTORS
The provtslons of 24 C,F R Part 24 relating to the employment, engagement
of services, awarding of contracts, or funding of any Contractors or
subcontractors during any period of debarment, suspension, or placement In
Ineligibility status.
VI FLO00 INSURANCE
No site proposed on which renovation, major rehabtlltatlon, or conversion of
a building Is to be assisted under 24 C F R Part 576, other than by grant
amounts allocated to States under §576 43, may be located In an area that
has been identified by the Federal Emergency Management Agency (FEMA) as
having spectal flood hazards unless
(1)(t) The community In which the area ts situated Is participating in
the Nattonal Flood Insurance Program and the regulations thereunder C44
C F R Parts Sg through 7gl or (ti) Less than a year has passed since FEMA
notlfllcatlon regarding such hazards; and
(Z) Contractor w111 ensure that flood insurance on the structure is
obtained In compliance with section 102(a) of the Flood Olsaster Protection
Act of lg73 (42 U S C. §§4001 e.~.t seq )
VII BUILOING STANDAROS
Any building for which Emergency Shelter Grants amounts are used for
renovation, conversion, or major rehabilitation must meet local government
safety and sanitation standards.
VIII COASTAL BARRIERS
In accordance with the Coastal Barrter Resources Act, 16 U.S.C 3S01, no
financial assistance under 24 C.F R Part 576 may be made available wtthtn
the Coastal Barrier Resources System. Contractor shall comply, where
applicable, with the Coastal Zone Management Act of lg72 (16 U.S.C. §14S1
seq,) as amended, particularly section 307(c) and (d) (16 U S C §1456(c)
and (d)).
EXHIBIT C Page 2 of 3
IX ENVIRONMENTAL STANDARDS
If Contractor ts a unit of local government, tt shall assume the
environmental responslbillttes specified in section 104(9)(1) of the Housing
and Community Oevelopment Act of 1974 and 24 C F R Part 58.
Contractor shall assist Department and HUD in their compliance with Section
106 of the National Historic Preservation Act of 1966, as amended (16 U S C
§470 et seq.): Executive Order 11593; and the Archaeological and Historical
Preservation Act of 1966 (16 U S C §489a-1 et seq ) by' (al consultlng with
the State Historic Preservation Offlcer on th~conduct of investigations, as
necessary, to identify properties listed In or ellgtble for inclusion in the
Nationat Register of H~storic Places that are subject to adverse effects by
activities funded under this contract and notifying Department and HUD of
the existence of any such propertles, and (bi complylng with ali
requirements established by HUO to avoid or mitigate adverse effects upon
such properties
Contractor shall ensure, pursuant to Executive Order 11783, that the
facilltles under its ownership, lease, or supervisions which shall be
utilized tn the accomplishment of this contract are not listed on the
Environmental Protection Agency (EPA) list of violating factlltles and that
it shall not~fy Oepartment and HUO of the receipt of any communication from
the Oirector of the EPA Office of Federal Activities indicating that a
factllty to be used in carrying out this contract is under consideration for
listing by the EPA
Contractor shall comply with the provisions of the National Environment
Pollcy Act of 1969 (P L 91-190) and Executive Order 11514, as amended by
Executive Order 11991, which promote efforts to prevent or eliminate damage
to the environment and biosphere and require an Environmental Impact
Statement when plans and programs may affect the quality of the
environment. To the extent applicable, Contractor shall comply with ali of
the requirements of Section 114 of the Clean Air Act, as amended (42 U S C
§1857 et seq.), and Section 308 of the Federal Water Pollution Control Act
(33 U.S C §1251 et seq.), respectively, relatlng to Inspection, ~onttortng,
entry, reports, and Informatlon, as well as other requirements specified in
Section 114 and Section 308 of the Atr Act and the Water Act, respectively.
and all regulations and gutdellnes issued thereunder
Contractor shall comply with the provisions of Executive Order 11296,
relating to evaluation of flood hazards, and Executive Order 11288, relattng
to prevention, control, and abatement of water pollutlon Contractor shall
assist Oepartment and HUO In their compliance wlth Executive Order 11988,
Flood Plain Management, which requires avoidance, to the extent possible, of
the long and short term Impacts associated with the occupancy and
modlf~catlon of floodplatns and avoidance of the direct or Indirect support
of floodplain development whenever there is a practicable alternative
EXHIBIT C Page 3 of 3
RESOLUTION NO. BOc~' ~-)~.~
A RESOLUTION AUTHORIZING PARTICIPATION IN THE "URBAN MAIN STREET"
PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Texas Main Street Project of the Texas Historical
Commission has been authorized to assist historic commercial areas
in cities with a population of 50,000 and over develop a
public/private effort to revitalize their target area, and up to
three Texas cities will be selected to participate in the project
in 1990; and
WHEREAS, that it is in the public interest that the City
support the development and diversification of the economy of
Denton as will be accomplished by the Urban Main Street program;
NOW THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON:
S_~. That the city of Denton apply for selection to
participate in the 1990 "Urban Main Street" program with the
specific goal of revitalizing a targeted business district within
the context of the preservation and rehabilitation of Its historic
buildings.
~. That the city of Denton intends to co-fund a
full-time Main Street Project staff for three years and provide the
staff with travel funds for training. That the City Council of
Denton will commit the following financial support to the Denton
Main Street Project for year one: $48,384.00. Subsequent years'
funding is subject to appropriation by the City Council.
~. That the City will contract with the Central
Business District Association to co-sponsor the Urban Main Street
program.
S_~. That Jane Finley be designated to coordinate the
program on behalf of the City and serve as the principal contact
in relation to matters involving the City.
S_~. That this resolution shall become effective
immediately upon its passage and approval.
PASSED MD APPROVED thls the ~ day of ,1989.
ATTEST:
JENNI~R WALTERS, CIT~SECR~TAR~
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI D~YOVITCH, CITY ATTORNEY
89-477/81789
N!xt Doc ument
RESOLUTION NO. ~_~_'~
A RESOLUTION ADOPTING AN APPENDIX A FOR THE DENTON DEVELOPMENT
PLAN; ADOPTING ANAMENDED "CONCEPT MAP" FOR THE DENTON DEVELOPMENT
PLAN; AND PROVIDING FORAN EFFECTIVE DATE
WHEREAS, the Denton Development Plan provides that the
methodology for intensity calculations and the detailed boundaries
of the intensity areas will be formulated by a citizens group and,
upon approval of the City Council, be adopted an Appendix A to the
Denton Development Plan; and
WHEREAS, the city Council appointed an Appendix A Task Force
to recommend the intensity area boundaries and the methodology for
intensity calculations, as required by the Plan; and
WHEREAS, the Appendix A Task Force has completed its work and
the Planning and Zoning Commission has recommended adoption of an
Appendix A, as formulated by the Task Force; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
~ That the attached document, labeled as "Denton
Development Plan - Appendix A", showing the intensity area
boundaries and a standard methodology for intensity calculations,
is approved as Appendix A to the Denton Development Plan, which
shall Superoede the interim intensity boundary map adopted by
Resolution R-88-057.
SECTION II. That based on the intensity boundary maps
adopted as Appendix A, an amended "Concept Map" for the Denton
Development Plan is approved, the amended map to be kept on file
with the Planning and Development Department.
$~,CTION III. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the ~~ day of~, 1989.
ATTEST:
J~NNIF~R WALTERS, CIT9 SEC~ETAR9
APPROVED AS TO LEGAL FORM:
DEBRA ~DAMI D~AYOVITCH, CITY ATTORNEY
89-441~
DENTON
DEVELOPMENT PLAN
APPENDIX A
PLANNING AND DEVELOPMENT
DEPARTMENT
CITY OF DENTON
SEPTEMBER 5, 1989
TAaL~. OF CONTENTS
Page
1.0 ~NTP. ODUCT ION
2.0 ~NT~q$~TY Al~ ~OVNDAR/ES 1
2 .~ Bo~nda~ V&r~ables 2
3.0 A ST~ ~THODOL~Y FO~ I~SZ~ ~U~TIONS
3.1 ~p G~=aclou 3
3.2 ' ~enoi~ A~oc~lon
3.~ ~lc~aCi~ the ~n=eus~ S~a=ua of a ~derace ~ivi~
~ce~ 7
3.~ ~e ~e ~ ~ule Cad,scion
3.12 ~eu~ Bouuo ~c~o~ 10
~.0 ~PS, ~Y DESC~PTIONS, ~ GUID~ES
APPENDZX A T0 THE
DENTON DEVELOP~ENT PLAN
1.0 [~T[ODUCTION
The intensity policies in the 9eaton Develo~ueuC Plan (the Plan)
p~0vi~e a ciW~ide f~ewo~ ~o~ analyzin~ develo~enco. ~e Plan
ca,lo fo~ Appendiz A Co p~ovide the sp~lfic boun~ie8 of
scUd~ a~ea8 and a 8C~da~ aeChodolo~ fo~ =he analysis of
development. ~apcer V S~c~on A. 3.b of =he P~n s~Ces:
"App~d~z A Co =~ ~n=~ Develo~en= PlAn w~ll
comp~8~ o~ repre~nCaCives of C~ five
areas, ~he P~8 ~d ~na Co.lesion,
~ Use Pla~i~ Co~Ccee. Ap~d~ A ~ be
app~v~ ~d u~aC~ ~ ~e Pionn~US ~d Zones
Co~o8~ ~ c~ C~W Co~1 in ~co~e
the up. Ce p~c~ure8 sec ~c ~ the ~ncou
Develo~e~C Plan. ~e Ex~ucL~ ~r~cor ~or
Pio"~M and ~veLo~uc s~ ~ reow~ble for
prepares and u~ac~ the Lnceno~W calc~c~o~ for
~ch of c~ ~deraCe ~d low lnce~LW are~
~co~e wiCh the 8ca~ ~ch~olo~
bou~eo conC~n~ La Ap~ndLx
~n~ens~ d~c~bee oho l~el of ~civi~ serrated W a pa~lcular
~v~o~euc. ~e P~n ca~s for Lncenai~ co ~ ~aur~ ~ the
average n~ber of~lcle c~ per d~ per ~m (c/d/~). For
e~aple, ~e ~m of co--mini/feCal dev~o~uc serrates an
pe~ ~ for ~hc i~uac~ ~ea. ~ce~lW ~lyeeo ~d
calc~acio~ ~y a~ly Co c~ l~ iaC~LW a~aa ~d che ~derace
acciviw cancers. ~co~l~ co che ~, che~ ia ~ l~c co the
u~r of C~ ~ ~ ~rac~ ~develo~M
ac~ivl~
09620
-1-
physical bounde~ias ~ch ~e d~sC~nc~ ~ud easy ~o
sp~ cons~de=ac~on ~as been ~ven ~o ~$oodp~a~n a~eao
c. ~md ~e an~ zo~m~= As ~a~ aa i~ la p~acCical, insanity a~ea
bo~da~es ~ve beeu ~a~ so aa co l~lu~e eziscim~ laud uses
(b~lc) ~d cu~emC zo~m~ (wcamc la~ ~ is zome~) In
co~es~udin~ iuCausi~ a~eas bas~ om ~he ~ui~alines ~ivem
the DeaCou Develo~eac Plan.
L~a~iou ~ s~ o~ ~C= Ce~ain c~ca o~ laud, because o~
chel~ s~pe a~ l~aCl~ ~n ~elaCiom ~o ~ail~oada amd
~ho~ou~a~es ~/o~ ~iaCLn~ ~m-~eal~em~lal davelo~emz,
shoul~ bes~ be used ~or com~i~/re~aA1 or liah~
wpe ~evelo~eaCs. ~e~ve~ ~eae sites ~lsC ~buCCins a
soda,aCe ~CiviW cemCer, the boumda~es ~ve been d~a~
co~side~n~ ~1 ~ oChe~ va~iablea.
e. ~md ~e compa~/bLllW~ ~n ~v~n~ eziscl~ ~ uae
cu~eaC zo~ fo~ future ~evelo~mc, an aCk,pc has been ~e
~o ~nCe~race ~d ~es ~h are com~Cible ~ co serrate
Choee use~ which a~ i~om~Cible.
f. Size of Lnce~iW area~ ~co~l~ co the ~idelinee siveu
~he Denc~ Develo~n~ Plan, n~ence ~Civi~ cence~ should be
about ~ ~8 ia size ~d l~a~ about see ~le a~ aC
lacers~ciou of p~M~ a~e~alo. L~ inCe~L~ a~ao ~ the
oChe~ ~d should be a~u~ 6~0 ~ns or o~ sq~ ~le in size.
2.2 6uidelineo for Dreams ~e8 im S~l~ic An~
~odamC~ ~lviW c~8~ ~ch are ~ilC up ~C~m ~he CIW are
a~h la~e~ c~-- chose ~lch ~ve bees deol~c~ In the
~ cases ~eEe ~e~aCe ~civiW c~CaEo an ~aC~ ~c the
imtero~tlom of a p~d a~a~ ~oae e~C ~f~y
. ~ ~ cA~taBes A~ A p~ides ~idelineo
o~ti~ ~.0) ~h an to s~p~ ~ ~ide a ~e p~loe
~e~efi~ti~ o~ ~ea at s~ c~e La t~ ~cun ~ che~
~a~ieo la ~J~e~t 1~ l~cm~ areas.
0962o
3.0 A STANDAP. D METHODOLOGY FO~ INT~$~TY CALCULATIONS.
3.1 T=tp Gene=a=lon
aCC=~Ce~ sc lene=ace~ by a pa~icula= developuenC La trip8 pe= day
pe= ~=e. (C/~/ac). ~e ave=ase c~p se~=aciom caeca ~ land uae
caCeso~ siren ia Table I have
8ene=aCiou =aces ~bliahe~ ~
Emsiaee=a (ITE), the AFizo~ OepacCnemC
Sl=e the ave=ase c~p le~caCion =aCes aze uses ~o Masu=e the
imCemsi~ o~ 1~ uses la a ~ic~a= aFea, avecaie c=ip =ace8 a=e
=efe=ce~ Co as 'iaCe~i~ c~pa' ~ the a=ea ~a c~led au
' iaCeuslW a~ea' · ~e 8Can~a~ ~cho~olo~ fo~
calcu~Cioa keeps c~k of the ~ps sea,aced ~ ~lscin~
develo~eacs ~d poC~Ci~l fu~u~e develommCs in cha va~oua
inCemsi~ a~eas.
~e ~ ~esl~cos ch=aa types of in~e~lW a~as ~h sp~ific
lnCe~iW a~aCiona la C~po per day ~r ~. ~v inCenoiW
ar~o ace ~aCed ~ C/d/~. ~derace ~civiW c~Cec8 a~
a~aCed 3~ c/d/~. ~e ~Jor ~civlW
c~ -~-ber of c~po Serrated ~ ~nd ~e ~evelo~uC8.
~co~i~ly, ~ a~yail of ~GCe~LW for a ~evelop~uc is a ~Jo~
~civiW cen~e~ la nsc ~one.
TABLE ~: TRIP GENF2~TION RATES BY LAND USE CATEGOKY
Lamt Use I Tzip Geae~aCioa ~ Average Level I Ave~ase
~a~c) I of Develo I
20
0962o
-3-
T~e policies aGd ~i~alimea for im~e~l~ alloca~lom a~e ~lvea ia
dealim~ wi~h ~ ~pplica~ion ~o~ zomimS chamge. A hy~he~ic~
zo~mg c~m~e p~o~aal la uae~ here ~o ~emomac~a~e each s~ep la ~he
c~nse ~ filed
or ~UCousLCy
acauda~d.
ocher
Step L. An application is filed requesting a zoning change from
Agriculture (A) classification to General ~etail (GR) for
a 3 acre tract.
Step 2. Check if a proportionate share of intensity is exceeded.
Ia this case, the proportionate share is equal to
180 trips, i.e. (60 x 3). The zoning change requires
1,950 trips (650 x 3).
Step 3. Since the proportionate share is exceeded, :nfs step is
not applicable.
Step 4. Check intensity status. This step involves the
calculation of intensity for existing land uses and
current zoning for an intensity area lncorporatin8 the
zonin~ chansa. In this case, =he study area status
calculation is given in Table ii (see page 6) and
status is described on page 7. The calcula:ion~ show
:hat intensity is available with 68~ of =he
:rips currently allocated and 9,954 trips potentially
available for allocation.
Step 5. Not applicable in =his case.
Step 6. Not applicable in this case.
Case 7. The calculations show that 9,954 trips not currently
allocated. Refer to (e) on page 7.
S=ep 8. (3 x 650) - (3 x 60) = 1,770 trips.
S=ep 9. Review (a) Utility infrae=ructures to ensure adequacy to
serve proposed uses.
(b) Toposraphic and environmental lea=urea such as flood
plains, drainase, trees and slopes.
(c) Land use compatibility with respect to existing
developnanCe and potential future developments based on
current zoning.
(d) Other applicable policies in the Plan. In ~his
case, =he separation policy requires a Aalf mile between
neishborhood se=vicex or commercial/retail nodes in low
intensity areas. The loca=ion policy also requires that
commarcial/re~ail nodes of 3 acres to nave direct access
to a primary or secondary arterial.
Step 10. If the analysis, baaed on the criteria siren in Step 9,
is positive, the zoning could be approved.
09620
--5--
~e ~a~s~ c~ps ~o~ e~sc~! ~an~ ~oes (developed) l~ c~e~C
Table ZI a~ use~ as am ez~p~e co ~emo~sC~aCe C~e scau~a~
aeCAo~olo~. ~e aumbecs a~e cou~e~ ~o~ ea~ calc~aciou.
TA~L~- II: Z~TENSITY TP.~PS FOR K~STZNG ~ND USES
~D
~ ZONING ~Y ~D US~ ~TEGO~S
~D USE 0~c8 Ac=es ZaCe~ ~=es Imcana~ ~=e8 U~ca
CAT~O~Y (A) (S) (C)A (D) (E)I (F)
5~-16 +2 3 3.0~ 30 0 0 0 0
sF-10 ~63 727 2~9,70 7,270 68,2~ 2.0~7,S 0 0
SF-7 104 0 0 0 0 0 0 0
Lass S~-7~ 0 0 0 0 0 0 0
~ob.~o~s 0 0 0 0 0 0 0
Duplez 0 0 0 Z · 75 220 0 0
~ 0 0 0 0 0 0 0
~-1&2 30 2,23 2~ 17 · 7~ 3.5~8 0 0
Coa/~C 0 0 0 0 0 0 0
Off,ce 0 0 0 0 0 0 0
Indic ~ 0 0 0 0 0 0 0
~s=~l 0 7.97 677.45 0 0 0 0
Pa~ks 0 0 0 0 0 0 0
~/O/S~e6 0 3.78 0 0 0 0 0
T~a~ 0 3~,36 0 0 0 0 0
AS~c · 7 0 0 0 ~0 · ~ 0 0 0
Vacant 0 209.5~ 0 0 0 0 0
~0~ 760 ~0.~9 8.2L7 209.~ 5,~6 0 0
1. Columns (¢), (E), and (H) bays been comlmcmi uelas the averaae trip
seaeraci~ races ~ ~d ~e cace~fleo ~vu ~a TabXe Z.
2. Sl~e ~y ~ch loc eisa 16,0~ sq. ~c. and la,er.
3. Sidle ~ily ~C~ loc sizes ~C~ea 10,~0 ~ 16,~0 sq. ~c.
4. Sl~e f~ly ~th loc zizes benes 7,000 ~ 10,000 sq. ft.
5. Sidle f~ly ~ loc o~ze less t~ 7,~0 oq. ft.
a~&~sCed ~ C~e ~Ce~Cy ca~C~ouo, See ~c~ (d) o~ ~Se 7,
09620
-6-
The followim8 procedure is used co calculate the laCensi=y era=us
for a low lm~enal~ area. ~fe=euce is ~de =o Table ~I a~ove wl=h
(a) Calc~a=e =he lm=emsl~ area =oral
(b) Calculate ~he ~lpa all~a~e~ ~o exia~in~
hnd uses
To=al fo= col~m (C) ............ 8,217
(c) Calculate =he =~ps all~a=e~ =o cur=em=
zo~n8 (v~anc la~8 c~ a~e zoned)
Total fo= col~a (E) amd (H) ...........
(~) Calculate the C~ps all~a~ co v~C
l~ds aoC zou~ pl~ a~iculCure
A~ a~lculCu~e a~ vacant caCe~o~es
col~ (D) z 60 ' (120.8 z ~) .......... 7,248
(e)Ee~ce che c~p8 ~C all.aced
(a) - [(b) + (~) + (~)j
31135 - (8217 + 5816 + 72~8) ............ 9,95~
(f) EoCt~Ce the pe~Ca~e of C~po ~l~aCe~
- (b) + (c) + (~)/(a) x
8217 + ~81~ + 7248/3~33 z 100 ........... 68
3.4 ~lculaCins the IncenaiW $CaCua of a ~de=ace ~civi~ Caace=
~e lnCeuai~ a~be~ for e~aCl~ ~ uae (develo~d) ~ cu=ceuc
zoalnS (va=anc l~d c~c La zoued)
Table ZII a~ used aa ~ emple co d~c~ce che aca~a~
aeCh~olo~ loc calc~Ci~ the iuce~i~ ecacus of a ~de~ce
~lvi~ cencec. ~fe~e La ~e
~d m~be=a ace ~unded ~oc ea~ calc~ciou.
09620
ZONING BY LAND USE CATEGOKIgS
EXISTING LAND USE CURRENT ZONING P~ANNED DEVELOP~-,NT
~AND USE UnACs A¢~es Intensity Acres IateneilcY Ac:es Umits Iateasl~/
CATEG0~Y (A) (a) (C)1 (O) (E) (F) (G) (H)1
$F-16+z 0 0 0 0 0 0 0 0
SF-10 163 0 0 0 0 0 0 0 0
$F-7 10~' 0 0 0 0 0 0 0 0
Less $F-7$ 0 0 0 0 0 0 0 0
Mo b. ~ome,, 0 0 0 0 0 0 0 0
Duplex 0 0 0 0 0 0 0 0
MF-~. 0 0 0 0 0 0 0 0
l'~'-l&2 98 .~ 78~ 6 1,200 0 0 0
Cos/Ret 0 8 .5,200 lO 6,.'~00 0 0 0
Office 0 3,.~ 1,22.~ 0 0 0 0 0
l. nd, uat ~ 0 4 420 1/ 1,2tO 0 0 0
Ina ti ' nil 0 0 0 0 0 0 0 0
Paz~cs 0 6 180 0 0 0 0 0
X/O/Spac,e6 0 0 0 0 0 0 0 0
Tgamspo-'g 0 3,2 0 0 0 0 0 0
ASx'J.¢.7 0 0 0 2,8 0 0 0 0
V~-a~t 0 30.8 0 0 0 0 0 0
TOTAl, 98 60.~ 7~809 30.8 8~9t~) 0 0 0
1. Columns (C), (E), and (H) ~ave been cou~u,'e~ usi,',S C~e avense trip
sene~ar~ou ~a~e. ~ h~ ~e ~are~fles ~ven la TabXe ~.
2. Slasle ~ly ~Ch loc o~se 16,000 sq. ~. aa~ la~e~.
3. Sim~e ~ly ~h loc sisea be~a 10,000 a~ 16,~0 sq. f~.
~. Sin~e ~y ~ loc oiseo be~ 7,000 a~ 10,000 sq. ~.
~. Si~e f~y ~ loc size less ~a 7,000 sq. ~.
6. ~o~C~ o~ o~e. ~l~en ~8~GCo a~ flo~ p~ins.
7. ~nreu~ ~p8 fo~ aS~ru~e ~ v~ ~ ~a co~ D a~e
~l~a~ in c~ laC~ ~alc~acions, See l~ (~) on ~se 9.
09620
-8-
The follow, n8 procedure is used co calculace :he in~ensi~7 s~acus o~
a moderate eccivitT cancer.
(a) ~c~a~e ~he ~n~ens~ area
ToCa~ for co~ (B) 60.3 z ~0 ....
....... 2~,~75
(b) Ca~ula~e ~he ~p8 all,aced ~o ex~s~n~
land uses (developed)
Total for col~n (C)...
.......
(c) Calcula=e the Cr~p8 all,aced co Current
zorn8 (vacant land c~C ~s zoned)
Total for col~o (E) and (H)
(8,960) , (0) .............
..... . 8.965
(d) C~culace the ~p8 all~aeed co vacant
nsc zoned plus aS~culCural zo~n~
Asric. + vacant cace~O~ea ~ven ~n col~u (D) ...... 980
(e) EsCapee the ~p8 nsc
' (a) - [(b) + (c) ·
.... 3.416
~e~ ~e-~i~ ~le allo~ a =oderaee
co the o~-~t~ ~,~.'* ~v~"~/recail land uses =- -[~-'""~ co
n~be~d ~) Chrou~ (a). ~e Co Table ~ZZ ~Ch col~
T~p8
' ~oCa~ s~ze ~ co~ (0)/3
(60,3/3), , . · · ....... · ·
---~usL& ~ Co~ (B) ...... 8.0 5,200
(c) ~ee ~be cu~a~ zo~
To~ for C~/hc~ ~ ~ (D)
(~ +0), . , . , . ,
· ' * * ........... ~0.0 6,~0
(8 ~0), . . . , . . ........
....... ~8.0 ~,7~
(e) EeClM~e Cb sca~us of C~/hcail
........ 2.~7 ~,4~0
0962o
3.42 IuZausicy Bonus Calculation.
The DemCon Develo~emC Plan p~ovidas ~o~ ~
o~e~ Co e~ou~a~e ~he ~lve~sl~ o~ ~and uses ~n mode~aCe
centers. ~e Pi~ ~aca co~u~ ~acill~ias l~ludin~ school,
ll~ra~, fi~e and police station, ~k, open s~ce and oChe~
~ove~enCal offices as typical ~am~ uses c~c ~y
S~ancinS the bon~. ~e ~ollo~n~ p~e~u~e la uae~ co ~eCeml~
the lmCemsicy ~uua. ~fe~ence la ~e co Table ~II with col~
a~be~ed (A)-(H).
(a) ~lcu~Ce ~he ~ocal at,ease co be
cousi~ere~ fo~ an imCeuai~ beaus, i.e.,
Co~u~C~ facilities + Pa~ks + open apace. 6
(b) Calculate the trips all~ace~ co (a)
In the ~de~aca ~civiW cemCe~, i.e.,
6 X 3~0. 2,100
i~ (a) is in a lo~ luCemsic~ a~ea, i.e.,
6 X 60. 360
(~) C~lculaCe the Cecal ~mCeasi~
~co~lns Co the Pi~, ~he inCanst~ ~n~ can ~ used Co ex~d the
b~n~rie8 of ~deraCe ~CiviW centers. In o~er co do chis, the cecal
intensity bou~ lo couve~ co ~ use ~rem uminf the c~p Seueracion
races in Table Z (see ~Se 3). ~, in c~ e---91o above the inCa~iW
~num o~ 2,~60 c~ipm cam be comve~ed am
3 ~ of Of~e8 aC 3~ c/d/ac - 1,030
2 ~o o~ ~ae~ hCail ac 650 c/d/~ - 1,~0
.~ ach of H~i-f~l~ aC 200 c/d//ac - 100
~aed on ~hese ca~ei~, ~he ~de~ce ac~ c~cer c~
~ 5.3 ~rea ~ l~l~e 3 ~s o~ Offices, 2 ~ras
0.~, ~ra ~ ~-f~l~. The ~ uses amc~ fo~ ~e ~oaea of an
inCe~/~ ~ s~ comp~ ~Ch ~ oChe~ ~liciea in ~ ~cou
MA2$, SOUNDA~ Dw. SCR~FTXOg$ AND GU~ES
~ ~o~ov~8 ~pe 8h~ Cbs specific bo~d~iee oE ~ ~Ce~i~y area
confined ~ ~he Grea~er D~ Pla~lns ~ea. ~e low in~enoi~y a~ea8
and the ~Jor activity centers ~e 8ho~ aC 8~e ~ ln~ - 2000 f~. while
~he ~de~a~e activity cen~e~e ~e represented a~ 8~le 1 ~ - 1~0 ~.
09620
-10-
INTENSITY AREA · .J APPROX, SIZE 1428 8 ACRES
BOUNDARY DESORIP?ION
East: 1-35
~est: Rector Road
North: AT&SF Railroad
South' Ganzer Road
INTENSITY AReA ~ 2 APPNOXo IJIZB 609 O~ A(q'Rea
eOUNDARY DRSORIPTION
East' Match L~ne 2. B
~est: 1-35
North' FM 363
South: Mllam Creek
SEOTION
(SEE MATGHLINES.B) ~
PM 308
C
APPROX. SlZR 661 5 ACRRfl
BOUNDA~,Y DgSa0RIPTION
East: FM 2164
West: Match L~ne 2.A
No~th: FM 363
South: Milam Creek
8BGTION o.8 /
MATOHI.IH~
IN?ENEE?Y AREA ~, 3 APPROX. SIZE 1234 35 A(:REfu
BOUNDARY DRS~RIPTION
East: FM 2164
~est. Tr~esch
North: Clear Creek
South: ~ 363
0 lO00 2000
BOUNDARY D~8ORIPTIO~
East Atcheson, Topeka & Santa Pe RaLlroad
West Hopkins Road
North' Ganzer Road
South: PM 1173 and a line 800 feet north and parallel to PM 1173
GAN~gR ROAD
\,
\
BOUNDARY~ast D ESCRIPTIONI_35
West. Atcheson, Topeka & Santa Fe Railroad
INTBNBITY AREA '~' ~ SIZR 50770 ACRB8
BOUNDARY DESCRIPTION
East: Bonnie Srae Road
~est: IH-35 and a line that follows Milam Creek
North: Ganzer Road
South. North boundary line of Intensity Area 912
INTBN~IITY AR~-A ~ ~ SlZB 7692
BOUNDARY ~UID~LIN~
In v~ew of the floodplains ~n the southeast corner ~t ~ay not be
possible to develop 15 acres as part of the moderate center
ConsSderat~on shall be ~lven however, to develop as much as posslble £n
that corner not to exceed 15 acres The moderate actSvt~¥ centers in
the three other corners--the northwest, northeast, and the
southwest--should not exceed 15 acres on each corner
IN?BNEITY AREA 4t 8 SIZB 23869~ ACRES
BOUNDA~RY D~8(~RIPTION
East= ~M 2164
West' Hilam Creek, Ganze= Road, and Bonnie Brae
South' Loop 288 and boundaries of Intensity Area %14
XNTENSITY ARBA ,dr* 8 S~ZE 238691 ACRES
BOUNDARY D~CRIPTION
East: FM 21%4
West' Milam Creek, Ganzer Road, and Bonnie Brae
North: Milam Creek
South. Loop 288 and boundaries of Intenszty Area il4
IN?BNSI?Y ARBA · 0 APPROX. 8IZB 1188 6 A(~uB8
BOUNDARY D~8~RIPTION
East: Radecke Road and Egan Road
West: FM 156
North: FM 1173
South: US H~ghway 380
ZNTBNS,rTy ARRA 4,, 'JO SIZR 118291 ACRES
BOUNDARY DI~S(:RIP?ION
East. Lovers Lane
West: Radecke Road
North' FM 1173
South Jackson Road
INTBNmXTY ARBA ~, I I SIZB 1114(I
BOUNDARY DBSORIPTION
East' AT and SF Raxlroad
West= A line parallel to and approximately 800 ft. west of Lovers Lane
No=th= A line parallel to and approximately 800 ft. north of FM 1173
South' A line pa=allel to and app~oxLmately 800 ~t. south of FM 1173
INTENSITY AREA 4, 12 81ZS 1059 29 ACRES
BOUNDARY DESORIPTION
Eae~: Bonnie Brae
West' Atcheson, Topeka, and Santa Fe Railroad
North: Bar,hold Road, 1-35, and a proposed thoroughfare connecting
Bonnie Brae Road to 1-35
South. wes~ga~e Drive pro3ected on a straight line to AT & SE Railroad
t tt
BOUNDARY DBSCRIPTION
West ~ounda=y l~ne of T=act iii an~ JIII ~n ~D 120, south
boundary line of PD 120, and FM 2164
North: Loop 288
South= Highway 77 and Windsor Dr~Ve
/ 0 I000 2000
INTENSITY AREA ~, 14 SIZE 8766 AGRES
BOUNDARY DgSGRIPTION
East: A line drawn pe~pendicula~ to the Loop 288 and being about
1,000 ~t. east 0£ ~N 2164
West' West boundary line o~ T~ac~ iii and III in PD 120
North' The City limits line north of Loop 288 and property line of
PD 120
South: So,th boundary line of PD 120 and then following ~M 2164 north
and ~hen east ~o the C~eek so as to include 15.73 acres in the
southeast corner of this intersection
..................... ~ I ,
I
(
.~-~ 19.01 AC8. 18.00 ACS.
8.73
20.74 AGS.
IN?BNnITY ARBA ~ 'IS lJlZl 74.4.9 ACRB8
BOUNDARY GUIDBLINB8
The ~odera=e Ac~ivx=y Center at thxs ~ntersection should be
propo=~ionately distributed allowing 15 acres on each corner as far as
possible after making allowances fo= drsAnage and flood plains.
INTgNSiTY ARBA ~' '~0 SlZR 73434 &CRIB
BOUNDARY DgB~3RIPTION
West= Egan Road
No=th: Jaokson Road end MaRch B=anch Road
South= US Hwy 380
ARS& ,t 17 SIZB 93708 ACRIIB
BOUNDARY DBBORXP'I*ION
Ecs=: Atcheson, Topeka & Santa Fe Railroad
West: Lovers Lane and Masch S=anch ~oad
North: A lime that rune 800 feet south and 9arallel to FM 1173
Sou=h= Hwy 380
INTBNSI?Y &RIA ~, 18 81Z! 39~64 ACRES
BOUNDARY DBS(~RIPTION
East. tH-35
West: A~cheson, Topeka & Santa Fe Railroad
INYnNSlTY AnnA · 'JO SlBll 49977 ACRBn
BOUNDARY DBnCRIPTION
Bonn£e B~ae
~es~ga~e
Pa~ne D~ve p~o~ec~ed ~o
gESTGATIg
PAYNB
-- N 80ALI
~l 0 I000 2000
XNTBNSETY ABRA 6, 20 faXZU 50327
BOUNDARY DBS(~RIPTION
East' Highway 77
South' Windsor Drive
k~XHDSOR ORXVE
/
· ~ ~ 10&LB
' 0 lO00 2000
BOUNDARY DESCRIPTION
~as~ A line sepa~a~in~ Ag~ioultural and GR zonifl~ and ~rawn
West. AT and SF Railroad
ACS.
HwY. ~80
0 500 1099
BOUNDARY DEE(3RIPTION
South. North bounda~ios of Intensity Areas J21 and J24 and alon9 US 380
PAYNB DRIVE
N EOALB
0 I000 2000
BOUNDARY DZS(~BIPTION
East Bonnie Brae
West: IH-35
North: ~ayne Drive projected to 1-35
Sou~h. No=th bounder£es of Intensity A=eas ~21 and ~24 and along US 380
PAYNB OR~VB ,
N 8~ALB
0 I000 2000
~TY ~ ~WF~N. TfXA~
INTBNSITY ARBA · 23 SlZB 61835 ACRSS
BOUNDARY D~SCRIPTION
East. H£ghway ??, Bol£var, Headlee Street, and carroll Boulevard
West: Bonnie Brae
North= Windsor Drive
South= Nor=h property line of commec¢ial and retail uses on the north
side of Universi=y Drive
N~NDSOR DRI~
/
~ 80ALB
0 I000 2000
~ ~TY M ~NTMI, TIXA~
BOUNDARY DBSGRIPTZON
exLo~flg ~ zoflLng w~lC o£ aoflfl~e 8~&e ~nd ~oXXovLfl~
/
HWY. 380
iITY
~ ~ N 8(~ALB
BOUNDARY DE$(~RIPTION
East Sherman Drave
West' H~ghway 77, Bolivar, Headlee S~ree=, Carroll Souleva=d
North W£ndsor Drive
SouZA. Woodland S=ree~
. / o/I. '-.
N 8GALE
0 I000 ~000
D ~TY ~ DINYOW, rIXAf
INTENSITY ARBA ~ ~6 SIZR 70022 ACRS8
BOUNDARY DESORIPTION
Bast. Sherman Dr~ve
West' FM 2164
No=th: ~oop 288
South: Windsor Drive
\ r /" ~ / ~///
, /
I \ ,
............ -1, ,I ~ ~ / / ,/
I I \ / //
I t / ·
....... ,/ / ..---.
N 80ALB
0 1000 2000
BOUNDARY D~S~RIPTION
East: FM 428, Stuart Road and, the c~ty hmits line ~n the northwest
corner of the intersection of FM 428 and Loop 288
Wes=: FM 2164
South3 Loop 288
INTBNSITY ARBA ~. 28 APPROX. SIZB 1009 4. A(~Rufa
BOUNDABY DRSORIP?ION
East: Clear Creek
~est: FM 2164
North: Clear Creek
South: Milam Creek
INTBNalTY ARgA ~ ~ SlZB 2040
BOUNDARY DESCBIPTION
Eaat Clear Creek
West. F~ 428
North. Clear Creek
Sou~h Hartlee Field Road to the Clear Creek ~ntersect~on
INTENSITY AREA 4, 29 SIZR 2040 13 ACRES
BOUNDARY DESCRIPTION
East. Clear Creek
West: US Hwy 428
North. Clear Creek
South. Hartlee Field Road to the Clear Creek LntersectLon
I1'
XNTBNSITY ARBA .~, 30 8IZB 9956 ACRES
BOUNDARY DgSCRIPTION
~as~ Soundar£es of ~D 90 in ~he nor~heas~ corner o~ ~h~s
£n~e~sec~£on and a l£ne separa~n9 ~racts F and G o[ PD 90 £n
khe sou~heas2 co~ner
West: The city limibs line in the northwest corner of this
intersection and & line £n¢orporat£ng approximately LO acres in
North: StuaEt Road ak Sherman arid the north boundary line in PD 90
South' South boundary line in PD 90
/
/ /
~. / ,/ /
~ / / ,
\ , _, /
/ / ,
/ / , ,/
.j ..... / / '~ ~-
/ //
STUART RO10 /
/
LOOP 288 /
AGO.
LO.O0
os.OO ACS. ~,.
\
'\
INTENB![TY AREA ~' 31 SIZE 924.77 ACRES
BOUNDARY DES(~RIPTION
East: Farrls Road and the corner of Hartlee Field Road and Farris
Road as established through the guidelines of Intensity Area %37
West' Loop 288, the PD 90 boundary lines, and US Hwy 428
North: Hartlee Field Road
South. Silve~ Dome Road
INTENSITY AREA ~, 32 SiZE 35642 ACRES
BOUNDARY D~eSORIPTION
East' Loop 288, Kings Row, and Dunes
West' Sherman Drive
North: South boundary line of PD 90
Sou~h. Windsor Drive
0 I000 2000
BOUN D.~R Y DES(~RIPTION
East Nottxngham
West. Sherman Drive
North: Wxndsor Drive
South: University Drive East (Highway 380)
0 I000 2000
ZNTBNmlTy AREA 4* 34 SZZR 52059 ACRES
BOUNDARY DESCRIPTION
East. Loop 288
West. Dunes Street, Windsor Dr~ve, and Nottzngham
North. Kings Row Drlve
South- Universxty Drive (Highway 380), north property line PD 119, TP
and MK&T Railroad
K~NG$ ROW
[N?SNSI?Y ARRA ~ 3S SlZR ~0398 ACRES
BOUNDARY D~S(~RIPTION
Eas~' May~Lll Road
West' Loop 288
No~h. S£1ve~ Dome Road
sou~h. HWy 380
SI~.V~R OOJ~B ftOAO
'
~..
~ 8~ALI
0 I000 2000
INTENSITY AREA 4, 36 SlZR 102065 ACRES
BOUNDARY D~,SCRIPTION
East Collins Road
West. Farris Road
North' Hartlee Field Road
South. Texas & Pacific Railroad
f
' , 8OALB
,~... N o ,ooo 2000
~ ~ CITY ~f Of NTON, TEXA3
BOUNDARY GUIDgLINB8
Conside~at£on shall be given to the shape and frontage of this center
in relation to the aligrlment of the proposed p~lm&r¥ arterial The
shape of the center should minimize the number of wedge-shaped tracts
of land resulting from the primary arterial intersecting Hartlee Field
Road ~nd Farri8 Road.
IN?BNSlTY ARBA ~ 38 APPROX. SIZR 779 76 ACRRB
BOUNDARY DB8ORIPTION
East' Match 5~ne 38.D
~est: FM 428
North: Elm Bottom
South: Clear Creek
MATCHLINE 38.A B,.,, ,o.o. o,,
OEG~rlON 38.A
(BEE MATGHLINE
38.B&38.0)
N
,~ 0 1000 2000
I ,
INTENSITY AREA ~, 38 APPROX. SIZB 'J 176 21 ACRES
BOUNDARY D~SORIPTION
East. Elm Bottom Circle
~est: PM 428
North: PM 428
South: Elm Bottom Circle
8ROTION S8 R
(gE1 MATCHLINE
38.A&S8.0)
ELM BOTTOM
MATCHLINE 38.B.
/' '.-- ..... / ~ 0 tO00 2000
ZNTUNSI?Y ARUA · ~8 APPROX. S~ZB ~9 ~ A~RB8
B0~NDARY
North: ~ 428
Sou~h: Match Line 38.D
'
80~0M
INTBNSlTY AREA
BOUNDARY
East: Elm Bottom Circle
~est: Clear Creek
North: Elm Bottom C~rcle
South: Clear Creek
/ ~8.A&88.0) ' , * '
,~ ~- .............
/
xx· ' I I
· I I
N
0 1000 Z000
BOUNDARY DISORIPTION
~ast: ~ Fork o~ t~e Trinity R~vec
~est' Collins Road
North: Hartlee Field Road
South: US Highway 380 and 377
~S?BSSlTY ARS& m 40 S~ZR 13584 ACRSB
BOUNDARY Ds~SC~RIPTION
~ast Trinity Road
West West Boundary line ~n PD 126
North' University Drxve (Hwy. 380)
South= No~th boundary line of ~ract 411 ~n PD 126
\ /
F,m)POS~D ~um'vmw BLVO.,-~ /
x\
I( ALm
500
INTENSITY ARmA ~ 4] 9lZl 4~73'~ ACRE0
BOUNDARY DmS(~BIPTION
East: collins Road
West. Nayhlll Road
No==h: Texas and Pacific Railroad
South~ US Hwy 377 and 380
BOUNDARY
~or~: ~n~vecs~ D~ve, ~nc~de8 PD ~9, ?~ end ~K? RaL~oad
Un~vecsic~ D~ve ~nd T ~ P and ~E~ R~road
IN?BNSITY ARBA ,', 4,~, SIZB 508.94 hORUS
BOUNDARY Des(~RIPTION
East. Mayhill Road
West. Loop 288
North: Highway 380
South: FM 426 and boundary line of Iatensity Area J54
N 80ALB
0 I000 Z000
~ClFY O~ Of~Y~, rfX~m
/
BOUNDARY DRSCRIPTION
ERs= T=~n~=y Road and no=Ch boundary line of C=acC ill ~n PD 126
Wes=: Mayhlll Road
No=ch. US Hwy 377 and 380 and west boundary l~ne in PD 125
Sou=h: Blagg Road
I
I
ZN?BNBETY ARBA 4* 48 APPROX. SIZB 804 4~ ACRBS
BOUNDARY DBS(:RIPTION
East: Lewlavllle Lake
West: Trinity Road
North: US Highway 380 and 377
South: Mills Road
BOUNDARY DIBCRIPTION
East Trinity Road
West: Mayhill Road
North Slagg Road
South= Mills Road
INTENSITY ABRA ~' 4~* BIER 70324 ACRES
BOUNDARY DESGRIPTION
~as~: A line separating 2F and M~ zonin9 ~n PD 96, Aud~a Lane, Loop
288; Hummingbird Street, and Cardinal Street
Wes~ Old No=th Road; Audra Lane, Latt~more, Mulkey
~or~h: TP & ~K&T Railroad
Sou~h: McKinney st=eot (FM 426)
.')
""""--- ~'. %...- / ~,. N
0
I000
2000
BOUNDARY DReCRIPTION
East' Old No=th Roadv Audra Lane, Lattimore Street, Mulkey St=eet,
then return to Audra Lane
West. TP & MKT Railroad
South. McK%nney Street (FM 426)
0 lO00 2000
INTBNSITY ARB& ~' 4*0 EEZB 22034 ACRSB
BOUNDARY DBB(~BZPTION
East Village East Drive
West. Ruddell Street
North= University Drive East (Hzgbway 380)
South~ TP and MK&T Railroad
N 8~ALR
0 lO00 2000
INTBN'SITY AREA ~, SO SIzE 51124 ACRES
BOUNDARY DBSORIPTION
East Ruddell Street, TP & MKT Railroad, Sell Avenue
Weet: Elm Street, Congress Street, Carroll Blvd. Egan Street, Bolivar
Street, Westway, Carroll to University
North. University Drive (Hwy. 380)
South: McKinney street
NOTS,: The neighborhood preservation policies in the Denton Development
Plan should be used to protect single family housing east of Locust
Street.
HWY. 380
WITHERS
INTBNBETY ARRA · S~ $IZB 282.76 ACRI8
tt
BOUNDARY D~SORIPTION
Ease* MKT Ra£1=oad
West South Carroll Blvd.
North. Congress, N. Elm, and McKtnney
South. Eagle and Wye
80ALB
0 I000 2000
CITY M ~EMTOM, TfXAf
INTBNSITY ARSA ~' ~O SIZS 55368 Ac:sss
BOUNDA~IY D~S(~RIPTION
East. Wood=ow Lane
West= MK&T Ra£1~oad and Wye Street
North' McKinney Road (FM 426)
South: Dallas D~ive, Duncan St=eet, Kerley Street and Shady Oaks
~ 8(~ALB
0 I000 2000
INTBNSITY AB]iA 4* 53 $IZB 61144 ACRES
BOUNDARY D]ISGRIPTION
East: Mayhill Rea4
West: Woodrow ~ane
North: PM 426, exclu4es 10.18 acres of Moderate Activity Center %54
South. Pecan Creek
N a(~ALB
0 tO00 2000
BOUNDAgY DgSCRIPTION
~ncl~des ~§.96 accea ~.~. co~ne~
Cardinal S~ree~ and ~ncl~des ~.$8 acres o~ ~ns~ional and
12.18 acres S.W. co~ne~
North. Hummingb£rd and Loop 288
South. Cen~er line of flood plain, Loop 288, and property hne.
4TIMi
10.18
500 1~00
AREA ~ ~5 stlZm 57971 ACRES
BOUNDARY DESCRIPTION
East: Trinity Road
West. Mayhill Road
North. Mills Road
South. FM 426
INTBNSITY ARUA ~, 56 APPROX. 8I'~B 870 2,4 AGRu8
BOUNDARtY D I~m(~RIPTION
East. Lew:svllle Lake
~est: ~rln~ty Road
North' M~lls Road
South: ~M 426
INTENSITY AREA ~, S7 SlZB 7102 ACRES
BOUNDARY DESCRIPTION
North= A line nocth of a 5.0 ec=e =rec~ zoned CF east of Lakev£ew
~lvd. and a line
South= South ~oundat¥ l~ne o~
INTENSITY AR[iA 4, S8 SIZE 103666 ACRES
BOUNDARY DgSORIPTION
West Mayh~ll Road
North. FM 426
South Pecan Creek
I ' /
, I 'V / ,"
I ' \ \~,
I , ~
"~ -" "' I ~ ~8~ ~
I
'
I
!
, I ~._.-'~'
I 0 lO00 2000
, ,
'' ' --01 GITY of DfNTON, TEXAS
INTENSITY AREA ~' 58 SlZg 103666 ACRSS
BOUNDARY DESaRIPTION
West. Mayhill Road
North' FM 426
South Pecan Creek
tN?SNSI?Y AREA ~ S9 SiZE 902 96 ACRES
BOUNDARY DEECRIPTION
East Pecan Creek and Swisher Road
West. Mayhill Road
Norbh: Pecan Creek
South: Edwards Road
INTBNSITY ABRA ~' 60 BIZl 1896 69 AC~tSS
BOUNDARY DgSCRIPTION
East ~ayhill Road
Wes=' Woodrow Lane, Colorado Blvd., a line that follows the
commercial district in PD-6 Piney Creek Drive, and San Jacinto
Blvd.
North' Pecan Creek
N e°ALm
0 I000 2000
INTBNSITY ARBA ti. 60 SlZB 189669 ACRES
BOUNDARY D gSCRIPTION
East Mayhill Road
West. Woodrow Lane, Colorado Blvd., a line that follows the
commercial district xn PD-6 Piney Creek Drxve, and San Jacinto
Blvd.
North Pecan Creek
N 8(~ALi
0 I000 2000
~ClTV ~ DINTOII, TIXA8
BOUNDARY DBstORIPTION
East. Woodrow Lane/Colorado Blvd.
West Duncan Street and Willow Springs Drxve
North' Kerley Street and Shady Oaks Dr~ve
South: A line that follows the LI zoning hne north of Sante Fe and
Wilderness that continues along PD 30 to Dallas Drive.
ALEGR£ VISTA DR.
INTSNSITY AREA ~, 02 81ZB 17379 ACRES
BOUNDARY DERORIPTION
~ast. Colorado Slvd.
West. Dallas Drive
North: A lxne that follows the LI zoning l~ne north of Santa Fe and
Wilderness that con=£nues along PD-30 ko Dallas Drxve
South A line that follows the commercial district ~n PD-6 north of
San Jacin~o Slvd., Piney Creek Drive, and San Jacinto Blvd.
0 1000 2000
BOUNDARY DBS(~RIPTION
East. Swisher Road and Pockrus Road
West. Mayhlll Road
North Edwards Road
South: 1-35~, MK&T Railroad, and Shady Shores Road
SHADY SHORHH
i ~, 8(:ALu
0 I000 2000
INT,UNSalTY ARBA 4, 64 APPROX. SIZR 1419 27 ACRBS
BOUNDARY DBSGRIPTION
East: Carza Lane
~est: Swisher Road
Notr th. Pecan Creek
South: Shady Shores Road
The City of Denton wlll not be responsible for planning and land
use control in the eastern part of this ~ntenslty area which is
outslde Denton clty llmlts. Speclfic ~nformatlon relating to the
development of lands outslde the clty l~mlts should be obtalned
from the respective co.unity.
~., , , ~ ,
~1 , J % ~N ~ .....
.--, ~j ~
I I rh .~ ~ ,, ~
-'J! ~ ..... . ~ v-? -~ ,.~,. ~...,<,;*,_
~t ' ~._.~' ~~ ,-~
, ,
I -------., , ,
~, ~ r~</-'--~'~
..... !'! "-'-' ~' ' '~~ "'
, ,
~ 8~ALB
INTENSITY AREA ~* ~S APPROXo SIZE 1084.71
BOUNDARY DESCRIPTION
East: MK&T Railroad
~est: 1-35E
North: Shady Shores Road
South: 1-35E
The boundary of this Intensity area is for Information only. The
City of Denton will not be responsible for planning and land use
control in this area. Specific Information relating to the devel-
opment of lands in this area should be obtaLned from the respective
I
SHADY SHORE8 RD '
'~ SC&LB
0 lO00 2000
~NTBNfJlTY AURA ~' 66 APPROX. 81ZB ~]99 69 ACRBf
BOUNDARY DBS(~RIP?ION
Not Applicable
The boundary of th~s ~ntens~ty area ~s for ~nformat~on only. 'The
C~ty of Denton w~ll not bm responsible for planning and land use
contro'l ~n th~s area. Specific ~nformation relating to the devel-
opment of lands ~n th~s area should be obtained from the respective
co~un~ty.
IMTUNIIITY ARBA ~* ~"~ APPROX. SIZR 182.06 AtRia
BOUNDARY DBSORIPTION
Not Applicable
The boundary of th~s ~ntenslty area ~s for ~nformatlon only. The
City of Denton will not be responsible for planning and land use
control in this area. Specific information relating to the devel-
opment of lands in this area should be obtained from the respective
ity.
8~ALR
500 ~9~
BOUNDARY Dg8~RIPTION
East: 1-35E
West: Park Ridge Drlve
North. Meadow Oak Road
South: ~M, 2181
The boundary of this intensity area is for information only. The
City of Denton will not be responsible for planning and land use
control in this area. Specific information relating to the devel-
opment of lands in this area should be obtained from the respective
FM ~181
N
0 tO00 2000
BOUNDARY DESCRIPTION
Eastt: Park Ridge Drlve
~est: Lake Sharon Dr~ve
North: Lake Sharon Drive
South: FM 2181
The boundary of this lntenslty area is for lnformatlon only. The
City of Denton wxll not be responsible for plannlng and land use
control in this area. Speciflc lnformatlon relatlng to the devel-
opment of lands In this area should be obtained from the respectlve
community.
I
...d L.~KE SHARON OR
Iq
0 tO00 2000
BOUNDAItY D~SGRIPTION
The boundary of this ~ntenslty area is for ~nformatlon only. The
Clty of Denton wlll not be responsible for plannlng and land use
control in thls area. Specific information relatlng to the devel-
opment of lands an thls area should be obtalned from the respectlve
communlty.
CORINTH
BOUNDAHY DgSCRIPTION
EaSt: Post Oak Drive & Lake Sharon Drive
~est: Denton-Corinth City Limits Line
North: Lea Drive
South: FM 2181
The boundary of this ~ntenslty area la for ~nformat~on only. The
Clty of Denton wlll not be responsible for plannlng and land use
control in thls area. Specific lnformatlon relating to the devel-
opment of lands in thls area should be obtalned from the respective
0 tO00 2000
BOUNDARY GUIDRLINR8
Iflco=porate 6,~2 ac=es o~ o~ce and 20,~0 ac=es o~ ¢omme=cial (as
sbowfl on the ~Dl14 concep~ plan) in the flo~thwes~ co=ne=, The othe~
pROPO810 LOOP see
8,oo / /
ACS. ~ ~
BOUNDARY Ds~fCRIPTION
East Denton city limits hne
West: FM 2181 (excludes mode=ate activity center
No~th. RoBinson Road
Sou~h= FM 2181
ROAD
'~' .aALi
% II o lOGO 2000
BOUNDARY DBSGRIP?ION
East' 1-35E
~est' Fost Oak Dr~ve
No=th: Church
South' Lake Sharon Drive
the boundary of this lntensi=y area ~s for Lnformatlon only. The
C~ty of Denton wLll not be resgonslble for 91annLng and land use
control in this area. Sgeciflc lnforma=lon relating to the devel-
ogment of lands in this area should be obtaLned from the resgect~ve
ommun~y.
i04UI~OH
. o .d t. At~g, 9,~4AI~O# 08
o tOOO 2000
INTBNBITY ARBA ~ 7S APPROX. 8lZR 428.93 A(:RBB
BOUNDARY DBSGRIP?ION
East: 1-35E
~est: Lea Dr~ve
North: Denton-Corinth City L~m~ts L~ne
South: Church and Lea Drive
The boundary of thls lntenslty area is for lnformatlon only. The
City of Denton will not be responsible for planning and land use
control in thls area. Specific information relating to the devel-
opment of lands in this area should be obtained from the respective
co.un1
I
--' ' i ~ OR CHURCH
I
I
hr-'-'"'
0 I000 2000
BOUNDARY DESORIP~ION
West= ~-35R
Ro~d
iNTBNBrTY ARBA ** 77 S~ZS 1327 10 ACRB8
tt
BOUNDARY DZaORIPTION
East. 1-35E
west: L~ll~an Miller Parkway and FM 2181
North A l~ne separating 2F and General Retail Zon~n~
South. Robinson Road, State School Road and cxty lamits line to 1-35E
BOUNDARY DESCRIPTION
West. A line separating comme=cLal and $~16 zoning, Llllian Mille=
Pkwy. and a line sepa=a=ing 2F and SF16 zoning
~otth: :-35~
South A line sepata:£ng 2~ and General Re:ail zoning
-g~ -- N 8(3ALI
0 500 100e
IN?BNBITY ABRA ~ ~O SlZS 5'1747 ACRSB
BOUNDARY DRe0RIPTION
East. Lill~an M~ller Parkway
West: Teasley Lane
No=th. 1-35~
south. Teasley Lane
N 8G&LB
0 I000 2000
~S~======s ~ C/FY ~f NWFOW, rf~r~f
~NTBNOITY &RIIA · 80 SEZB 4.3755 ACRB8
BOONDARY DBs(31IIPTION
Dallas D=Lve
MKT & TP Reil=oad
1-35R, Sam 8ass, Londonde=~y, Teasley Lane,
Iii
BOUNDARY DISC RIPTION
East. Sam Seas Delve, Londonde=:¥ D=~ve and Teaaley Lane
west: south ~oous= st=eet, a lxne d=awn east of U.S. HWY. 377 and
~nco=po=ating the light indust=£al zone, then along Mission
D=ive and H.S. Hwy. 377
No=th: 1-35E
South. Hobson
' -- N eOALU
L ..... "t~ 0 I000 2000
INTBNSlTY ARSA ~ 8'~ SIZR 70539 ACRES
BOUNDARY DSSGRIPTION
East: FM 2181
West. Forrestcidge and extended south to Ryan Road
North. Hobson Lane
South. Ryan Road
o Iooo 2000
I
tm
~ast' Fo=rest=idge and extended south to Ryan Road
West= US 377 and Santa Fe
No=th' Hobson Lane
South' Ryan Road
/
RYAN P. OAD
\ *
\
N f(~ALB
,0 tO00 2000
/
~ ~.JF~' m' Of&TOW,
ZN?BN~B~?Y ARBA ~' 84* 81Zu 687 "18 ACRBS
BOUNDARY Dufu(~RIPTION
Wast: FM ~830
No~h. Ryan Road
South. Hlokory Creek Road
\
\
/
BOUNDARY D 18(~RIP?ION
East FM 2181 and a line thac runs west of 6.12 acres of office and
20.20 acres of commercial xn PD 114
West. MontecLto Road and the Denton cxty lzmits line
North Ryan Road
South. Hickory Creek Road
I
e I~'~CKOIt~ ~---- IOA9
,, ,, Llr--
k ,I '~ I ~ 0 lO00 2000
BOUNDARY DBBOREP?XON
~est: Hickory Creek
~orth: H~ckory Creek Road
South: Old Alton Road
8~ALB
Iq
0 lO00 ~'000
BOU~qD&RY D~gClilPTION
East: Hlckory Creek
west: H~lltop Road
North: Hickory Creek
South: Old Alton Road
ALTON
lC&LB
tooo 2000
lW?BNBiTY AUSA 4, 88 APPRO'r, 81Zn 717 74 AGRRft
BOUNDARY DBHORIPTION
East: Hilltop Road
West= FM 1830 & Flncher Road
North: Country Club Road
South: Hickory Hill Road
0 IOOO ZOOO
tilt
BOUNDARY DR"0RIPTION
East: FM 1830
~est: Flncher Road
North: f~4 1830
South: Hickory Hill Road
HI~KO~Y HI~,
XN?SNSlTY AuRA
BOUNDARY
fast: ~74 1830
~est: Gibbons Road
North: Hickory Hill Road
South: FM 407
0 I000 2000
BOUNDAIY DBB~ilPTION
EaSt: G~bbons Road
~est' Highway 377
North: Hickory Hill Road
South: ~4 407
The boundary of this ~ntensity area Ks for ~nforma=~on only. The
City of Denton will not be ressonslble for planning and land use
control in this area. Specific information relating to the devel-
opment of lands an this area should be obtained from the ressect~ve
HICKORY HIlL
Iq
0 tO00 2000
ZNTBNaI?Y ARBA · 02 APPROX. faL~B '166 33 A(~Rum
BOUNDARY DBS~RIPTION
Not Applicable
The b~undary of th~s ~ntens~ty area ~s for ~nformat%on only. The
C~ty Of Denton w~ll not be responsible for planning and land use
control ~n th&s area. Specific ~nformation relating to the devel-
opment of lands ~n th~s area should be obtained from the respective
community.
ARGYLE
ZNTu~qSITY ARBA 4* O~ APPROI;, 81ZB 1126 64 AeRI8
BOUND&BY DBSORZP?ION
East: F~ncher Road
We,st: Hzghway 377
North' Country Club Road
South: Hlckory Hill Road
The C1¢y of Denton will not be responsible for plannlng and land
use control ~n the western part of this ~ntenslty area whlch ~s
outside Denton czty limits. Specific ~nformat~on relating to the
development of lands outside the clty llmlts should be obtained
from the respectlve coma%unity.
·
!
o!
0 I000 2000
ZNTBNBITY ARUA ~' 04 APPROX. BIZR 699 6~ A(~'RBB
BOUNDARY DBSORIP?ION
East: Country Club Road
~est: H~ghway 377
North: Brush Creek Road
South: Country Club Road
N 80ALB
0 lO00 2000
ENTENEITY AREA ~' O~ SIZ'a 9285 ACREE
¢onsLdec £nco:po=aC£ng 7.80 ac[es o~ open space and 17.28 acces of
~enecal ceca~l (as shown on ~Dll8 concept plan) £n the
co,neon ~he o~ec ~hcee cocnecs should ~e ~$o00 acces eac~
g~ea~e~ ~on~age on the p~oposed ~oop 288.
~LLRF..D RO~O /
PROPOSED /
8
INTBNSITY ABRA 4, 96 SUB 76999 ACRSS
BOUNDARY DRS(.~R IPTIO N
EaR~. Santa Fe Railroad and FM 1830
'4ese U.S. 377
South Brush Creek Road
r
\ L ..... -~__
° \
°
/
, / 0 tO00 2000
BOUNDARY DmS(3RIPTION
A l~ne dra~ 4as~ o£ U.S. ~wy, 377 and inco~poca~Lng the lL~h~
£ndus~a~ zone~ ~hen a~ong M~ss~on Drive and U. S, ~w¥, 377 ~o
Sanca ~e Railroad
~e8~: MKT & TP RAilroad
Sou~h: San~e Fe Rall=oad
ROSELAWN ~
BOUNDARY D~SCRIPTION
A line drawn east oH U.S. Hwy. 377 and £ncorporating the light
indust~ial zone, then along Mission Dr~ve and U. S. Hwy. 377 to
West: MST & T9 R&ilroad
Sou~h: S&nte Fe Railroad
CT
..3 CITY ~ ~N~, TIXA~
BOUNDARY DBfaGRIP?ION
Bast: NKT and TP Railroad; US 377; Acme; and Be~nacd
West: Santa Fe Railroad end Bonnie S~ae Drive
No, Ch: Willowood Street
West. Bonnie
South. W£11owood
,L, OtiWOOD
,
0 tO00 2000
L
I
INTgN~ITY ARgA ~ ]00 BI~.R ACRg8
BOUNDARY DBBCRIPTION
East. Bonnie Brae DriVe and the Santa Fe Railroad
West. 1-35W
North. 1-35E
South' Hickory Creek, and ~he MKT and TP Railroads
BOUNDARY
Eas= Bo~n~e a=ae D=~ve and ~he Satire Fe Railroad
West, 1-35W
NO~. 1-35~
sou~h. H£c~o~¥ C~eek~ and ~he ~KT and TP ~&~l~oads
\ i _!
~ I
/
, * ~ ~ 1~
/
/ ~
/ ~
,
,
,~ / I
~ / ,
~ /' /
/
/
/
/
, /
'
/
/ N o tooo 2000
/
INTSN'SITY AERA ~, 'JO'J SIZE 309603 ACRES
BOUNDARY DESCRIPTION
west 1-35w
South. All=ed Road
BOUNDASY DmSOSlPTION
East U,S, 377 and Hickory Creek
West Bonnie Brae
North. Bonnze Brae and Hickory Creek
[NTBNSITY ARBA 4, "J 03 SL'PROX. SZZR 1424 99 ACRSS
BOUNDARY DgsI(~RIPTION
East' Highway 377
~est: 1-35W
North: Allred Road
South: Crawford Road
Iq
0 t00O Z000
ENTBNSITY ARB& ~ 104 APPROX. IaIZR 1948 ~8 ACRBB
BOUNDARY DBS(~UlPTION
East: H~ghway 377
~est: 1-35~
North: Crawford Road
South' ~ 407
The bomndary of th~s ~ntenslty area ~s for ~nformat~on only. The
City of Denton wlll not be responslble for plannlng and land use
control In this area. Specific informatlon relatlng ~o the devel-
opment of lands In thls area should be obtained from the respectlve
co~unity.
L
0 I000 2000
t
IN?BNSITY ARuA ~' 108 8IZR ACRR8
BOUNDARY (]'U IDRLINll8
~ncouL'&ie t:he hte~o~tc p~ese~ve~on o~ P~o~ Knob on ~e eou~wes~
co~ne~ o~ ~his intersection [~ ~X be possible ~o ~o ~his sn~ ~eve~op
~h~s ~o~ne~ ~h ~on~e on ~he ~oop 288 The ~eve~ope~ shou~ have
I~~ .' /~'/ ,'
~ / /~ / /
/,/'/~~/ /'/ ~ ~
/// ~
~N?BNS~?Y AaBA ~' 106 O~ZS 4667 45 *CRIB
BOUNDARY DBS~RIP?ION
Eaat' 1-35W and
Wes= North HicKory Creek, Hickory Creek, and · proposed thoroughfare
=ha= connects Jim Christal and FM 2449
No=th' Jim Christal Road along the proposed alignment to the W. Oak
overpass ak 1-35
South:FM 2449
8GALB
O JO00 2000
106 stzs 4667,45
BOUnDARy D~CRIPTION
East, ~-35~ and
West North Hickory C~sek, Hickory ¢~eek, and a proposed thoroughfare
that connects Jim Christal and FM 2449
North. J~m Christal Road along the proposed alignment to the W. Oak
overpass at 1-35
South. FM 2449
106.B
(
... ) , , ~'/
'~ / I ,I-'--'
· - ,. N 8( ALB
~- - % 0lO00 2000
I'
INTENSITY ARIA m 106 81ZI 4667 45 ACRES
BOUNDARY DIIGRIPTION
Wes= ~o=th H£ckory C=eek, H~c~ory ¢=eek, and a p=oposed =hocoughfare
that connects Jim Chr£stal and FM 2449
No=th' Jim Ch=[stal Road along the p=oposed al[gnmeflt to the w. Oak
ove=p&ss at Z-35
South= FM 2449
106.C
, ( /
I '
/ , ,. I °
~ , ,
~ ,
'~ / /
"N / ,
(') /
~ / ,/ /'~ ~' ~, ~-I
,
' N 8OALI
0 I000 2000
II
INTm~'SITY AREA ~' 107 size 142757 ACRES ,
BOUNDARY DESCRIPTION "~
East Hickory Creek and a proposed thoroughfare connecting to ~M 2449
West' C. Wolfe Road
North Tom Cole Road
South. FM 2449 and the guidelines for the northeast corner of
Intensity Area %108
...... N 8OALB
0 lO00 2000
BOUNDARY GUIDBLINBB
In v~ew of the floodp~&~n8 ~n the northeast and northwest corner of
this intersection ~t Ls possible th&t some areas msy be required for
drS~n&se and open space, ~f parkland/open Bp&es ~s provided then the
developers/landowners shall be entStled to an ~ntensSt¥ bonus At the
t~me of dr&wins the bound&r~es, cons~deration shall be itven to
d~stribut~ns ~h£s node ~nto the four corners and allowtng approximately
15 antes on each corne~.
PROPOBE~) 30P o88 ,," - ~
/
I
100 SZZB 952.93 ACRE-"
BOUNDARY D ISCRIP?ION
East NovOn Hickory Creak
west c, Wolfe Road
Not,A, Jim Christal Road
South, Tom Cole Road
ZNTBNSITY ARBA ~' q~jo APPROX. SIZR A(~RB8
BOUNDARY DBSORIPTION
Clty Counsel adopted resolution ~88-072 dated Dec.
13, 1988 by which intensity area %110 was merged
with area ~106.
0 ~000 2000
IN?BNfJlYY ARBA ~' *] *J 'J APPROX. SIZB ?~2 ,,?.3 A(:RB8
BOUNDARY DBSGRIPT%ON
East: Egan Road
~est: Nail Road
North: H~ghway 380
So,uth: J~m Crystal Road
N 0~ALB
0I000 2000
SOUN,DARY DEEORIPTION
Ea~ Masch Branch Road
West. ~gan Road
North: US Hwy 380
South: Jim Christal Road
BOUNDARY DBSCRIPTION
Maach n~anch Road
Hwy, 380
~im Christal Road along khe p~opoaed alignment ko khe W. Oak
ove~paaa ak 1-35
80ALB
BOUNDARY D~fGRIPTION
~ast: Z-35
West: Naach Branch Road
SoUth: J~m Christ&l Road along the proposed alignment to the W, Oak
overpass ak 1-35
AReA ~' I I 4 SIZR 299~3 ACRB8
BOUNDARY DBstGRIPTION
East Bonnie Brae and a boundary lzne following the existin9 GR zoning
west.
North. University Drive (HWy 380)
South. Scripture
~:GHWA¥ 380
KO&LB
lO00 2000
BOUNDARY
~a~one and ~agoe $~ee~
Bonnie a~ae
w. H~cko~M S~ee~
N 8(~ALB
0 lO00 2000
BOUNDARY DBBCRIPTION
E~: ca~o~ s~vd., E~an, and ~oZ~va~ street
West: Malone D~ve, ~e~oe SC~ee~ and Avenue C
No~: Sou~h boundary l~ne o~ moderate ac~£v£cy cen~e~ J24
6 B~ALB
N o iooo 2000
INTmNSITY ARuA m 1 iT s~zlt 65707 ACRS8
BOUNDARY DB.~ORIP?ION
$ou~h Ca~oll B~vd.
Scc~p~u~e~ Bonnie B:~e and We8~ H~cko~¥
EagLe D~ve, Collie~ S~ee~, and
~ 117.A SCRIPTURE
117.8)
W. OAK
N aGALB
BOUNDtARY DBS(~UlPTION
E&8~= Sou~h Carroll Blvd,
~o~h: Scripture, BonnLe S~ae and We8~ H~cko~¥
8E~'T~N 117.B
4~0.7~ ~ ~..
W. HCKORY
8OALB
500
[NTBNBI?Y AIBA ~' I 18 SZZB 182 43 ACRSfa
BOUNDARY DBSGRIP?ION
~as~. ~o~ Worth Drive and Sou~h Ca~o~ a~vd
West: ¢o11£e~ Street
North Eagle D~lve
south. ~-35E and a line that ~ollowe G~eenlee Street to For~ worth
Drive
/
N 8(~ALB
, 0 lO00 2000
I "
INTBNSITY ARBA · 'J 10 SXBR 16516 A(~ag8
BOUNDARY DBB(~RIPTION
East: South ~o=us= Strse~
West South Carroll, Greenlee Street, 1-35E, Bernard Street, Acme
Street, and For~ Worth Drive
North ~agle Drive and Dallas Drive
EAGLE
IN?BNB~TY ARiA ~, 120 APPROX. SqZlt AGRUS
BOUNDARY DBSGRIPTION
Eas: Trietsch Rd
West I 35
North Clear Creek
Sou:h: FM 3163 / Milam Rd
SECTION 120 A
SEE MATGHLINE
120.B)
Fbi 8193 I MILAId
N
0 I000 20O0
INTBNSITY AUUA · 'J~O APPROX. 8IZB A(~RB8
BOUNDARY DBS~RIP?ZON
E~$t Trietsch ~d
West: I 35
North: Clear Creek
South: FM 3163 / Milam Rd
I
8EGTION loO.B
(SEE M~TOHLIN,
e(3ALB
0 tO00 2000
I
RESOLUTION NO. ~9'0~
A RESOLUTION AMENDING THE DENTON DEVELOPMENT PLAN BY DELETING
MULTI-FAMILY AND NIGH DENSITY HOUSING DEVELOPMENTS AS BEING
ELIGIBLE FOR INTENSITY BONUSES; AND PROVIDING FOR AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the first paragraph of Chapter III, B, 2,
d, (1), of the Denton Development Plan is amended to read as
follows:
The diversity policy of the Plan allows for intensity
bonuses for mixed land use developments that include
public or nonprofit community type service facIlities or
uses, such as churches, schools, libraries, fire
stations, police stations, parks, open spaces, or
governmental offices. To meet the requirements for a
bonus, land for the community facility or use must be
within the 60 acre designated area of a moderate activity
center and cannot abut the outer boundary of the center
SECTION II. That thls resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the ~~ day of~, 1989.
ATTEST:
JENNIFER WALTERS, CItY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
89-478
2753L
RESOLUTION NO. ~9~05~
A RESOLUTION APPROVING THE EXCHANGE OF CERTAIN FIRE HOSE WITH THE
CITY OF AUBREY, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton has available certain surplus
fire hose, to-wit' 1,200 feet of three inch rubber-lined,
double-Jacketed fire hose, and needs additional fire hose of a
different type, and
WHEREAS, the City of Aubrey has available the fire hose,
to-wit: 1,200 feet of two and one-half inch rubber-lined, double
Jacketed hose, that the City of Denton Fire Department is in need
of and is willing to transfer said hose to the City in exchange
for receipt of the City's surplus fire hose, NOW THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON
SECTION I. That the transfer of the City's surplus fire hose
in exchange for the receipt of the aforementioned fire hose from
the City of Aubrey is hereby in all respects approved
SECTION II. That the City makes no warranties or representa-
tions with respect to the fitness or suitability of said fire
hose.
SECTION III. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the ~ day of~~_,
1989.
ATTEST.
JENNIltMR WALTERS, C1/I'Y SECRET~ARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DKAYOVITCH, CITY ATTORNEY
1792L
NO.
A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN ALICE
STREET AND DENTON STREET ON FRIDAY, OCTOBER 20, 1989, AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, on Friday, October 20, 1989, Calhoun Jr High PTA
is sponsoring an annual Day of the Cougar fundraising event,
to be held on Congress Street between the intersection of
Alice Street and Denton Street, and
WHEREAS, all property bordering Congress Street between
the intersection of Alice Street and Denton Street is the
property of Calhoun Jr. High, and
WHEREAS, the Day of the Cougar fundraising event is open
to the general public of the City and County of Denton, and
WHEREAS, in order to provide adequate space for the said
fundraising event 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
Congress Street between Alice Street and Denton Street from
the hours of 3.00 p.m. until 7 00 p m. on October 20, 1989,
NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON
SECTION I. That Congress Street between Alzce Street and
Denton 'Street shall be temporarily closed as a street or
public thoroughfare of any kind or character whatever on
October 20, 1989 from 3:00 p.m. until 7 O0 p.m for the
purpose of holding the Day of the Cougar fundraising event.
SECTION II. That the City Manager shall direct the appro-
priate City Department to erect barricades at Congress Street,
from its intersection with Alice Street to its intersection
wzth Denton Street, at 3:00 p.m. and to have the same removed
at 7.00 p.m. on October 20, 1989.
SECTION III. That this resolution shall take effect and
be in full force and effect from and after the date of its
passage and approval.
PASSED AND APPROVED this the~q~ day of ~3___,
1989.
ATTEST:
J~ WALTERS, CITI~
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
1946L
RESOLUTION NO. ~9-0~'~
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 Airport, Denton, Texas, and
WHEREAS, the City of Denton desires to lease the property for
agricultural purposes to Ernest and Lewzs Trietsch in return for
mowing services to be performed at the Airport and the payment of
annual rent, and
WHEREAS, Ernest and Lewis Trietsch desire to lease the land
at the airport for agricultural purposes and agree to pay to the
City the requested rent and perform the mowing services at the
Airport, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES.
SECTION I. That the City Manager is hereby authorized to
execute a lease agreement between the City of Denton and Ernest
and Lewis Trietsch, a copy of which zs attached hereto and
incorporated by reference herein.
SECTION II. That this resolution shall become effective
immediately upon its passage and approval.
Passed and Approved this the ~ day of ~,~
198~?
ATTEST:
APPROVED AS TO LEGAL FORM.
DEBRA A. DRAYOVITCH, CITY ATTORNEY
1942L/10488
THE STATE OF TEXAS ~ AGRICULTURAL LEASE
BETWEEN THE CITY OF DENTON AND
COUNTY OF DENTON § ERNEST TRIETSCH AND LEWIS TRIETSCH
By this lease, entered into the ~ day of
1988, the City of Denton, Texas, herein called LESSORZ d
evlses
and lets to Ernest Trietsch and Lewis Trietsch, herein called
LESSEE, the right 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 267.7 acres of land at the Denton
Municipal Airport, which is currently not necessary
for Airport needs, for agricultural purposes, as
designated in the yellow shaded portions on attached
Exhibit A, which is incorporated herein
1. The term of this lease shall be for a period of three
(3) years, beginning on the 1st day of October, 1988 and ending
September 14, 1991
2. LESSEE agrees to deliver possession of said land and
premises to LESSOR on September 14, 1991.
3 LESSEE agrees to pay LESSOR, in cash and as partial
rental for the above described property, the sum of Three
Thousand Five Hundred Dollars ($3,500 00) (Fourteen Dollars per
acre for 250.00 acres of land) per year This rental shall be
payable in two (2) semi-yearly installments of One Thousand
Seven Hundred and Fifty Dollars ($1,750.00) each, the first
installment to be paid on or before September 15 of each year,
with the first installment due and payable on October 20, 1988,
and the second installment to be paid on or before March 1 of
each year of the term of this Lease
By September 15, 1989 and each successive September 15 of
each year of the term of this Lease, should the LESSOR not
have, by leasing or otherwise, rendered crops unharvestable on
the 17.7 acres described in Sectzon 4. B , the additional
rental of Two Hundred Forty-seven Dollars and Eighty Cents
($247.80) shall be due and payable as rental £or the year prior
to the harvest.
In addition to such cash payment, LESSEE agrees to perform
the following services for LESSOR as consideration for the
lease of said property, to-wit'
A. To call to the attention of the Czty's Airport
Manager potential erosion areas on the leased
premises and the areas that are to be mowed.
B. To back furrow or mow a distance of ten (10) feet
~rom all fences in order to keep grass and other
vegetation from becoming a fire hazard.
4. Land Area Available See Exhibit A attached. Approxi-
mately 267.7 acres of land are available for agricultural usage
by LESSEE as follows.
A. Approximately 250 acres of usable land on the west
side of the Airport
B. Lessee may farm approximately 17.7 acres of usable
land on the southeast end of the Airport along
Underwood Road, as indicated on Exhibit "A". If a
crop can be harvested from this 17 7 acres of land,
LESSEE is required to pay the land lease on this 17 7
acres. If no crop is harvested, because of any
intentional action by LESSOR, such as leasing this
acreage, no rental is due
C. LESSEE may cut and bale grass on the north end of
runway area.
D. Crops grown on the leased premises are restrzcted by
the following conditions
a. Tall stand£ng crops, over three feet in height,
may not be grown within 250 feet of the runway on
the west side of the Airport.
b. Crops may not be grown between the runway and the
taxiway system.
c. Crops may not be grown next to or zn the vicinity
of any FAA navigational unit or structure.
5 Restrictions and Limitations
PAGE 2
A. The land leased should be used solely for cultivation
of seasonal crops or for the mowing of natural grass
or hay. Ail cultivation and mowing shall be
conducted in conformity with good soil conservation
and pasture management practices
B. At no time will LESSEE or any individual, agent,
servant or employee of LESSEE be allowed to park or
leave unattended any farm equipment, tractor or
vehicle within 400 feet of the center line of the
runway, within any runway approach area that is 500
feet from the threshold, or within 50 feet of the
edge of any taxiway or apron.
C. At no time will the LESSEE or any individual, agent,
servant or employee of LESSEE be allowed to erect,
construct or build any structure of any nature, or
remove or tear down any building or other improvement
on the leased property without prior written approval
of the LESSOR.
D No new fences may be erected on the Airport property
without prior written approval of the LESSOR. Ail
Airport boundary fence lines will be maintained by
Airport maintenance personnel.
E. Grazing or pasturing of animals will not be permitted
on the Airport property or on any Airport land leased
for agricultural purposes
F. There can be no leasing or subleasing of any portion
of the Airport property or on any Airport land leased
for agricultural purposes.
6 The following special conditions shall govern the
parties to this lease
A. It should be understood that LESSOR and the Federal
Government shall have the right to use any portion of
the land for any purpose that they deem necessary.
The LESSOR will require that the areas in question be
vacated within 30 days of a written notification.
Compensation for the recaptured land will be prorated
on a per acre basis, plus costs of growing crops
destroyed.
PAGE 3
B. Land designated as "Future Hangar Areas" may be used
for cultivation. However, it is expressly understood
that no compensation to the LESSEE will be made by
LESSOR for land or crops recaptured in these areas
during the term of this agreement The LESSOR will
require that these Future Hangar Areas comprising of
approximately 40 acres shall be vacated within thirty
(30) days of a written notification.
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 LESSEE
shall be removed from the Airport leased land by the
expiration date of this lease
E. LESSEE agrees to indemnify, defend and hold harmless
the LESSOR and its agents, employees and representa-
tives from all penalties arising ~rom the violation
of any ordinance, order or regulation that should
occur in the operation of the lease, as well as from
and against any and all liability for all claims,
suits, losses, damages or zn0uries to any person or
property of any nature resulting from the
carelessness, negligence or improper conduct of the
LESSEE or any of its agents or employees.
F. LESSEE agrees that it will not bring claim or suit
against the LESSOR or assign any cause of action
because of an accident, fire, noise or disturbance
resulting from the crash of an aircraft operating in
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. LESSEE expressly agrees to deliver portions of such
property to the LESSOR as LESSEE'S crops are
removed. Any crops remaining on the leased premises
on September 14, 1991, shall become the property of
LESSOR.
PAGE 4
H. Further, LESSOR assumes no responszbility or
liability for harm, tn3ury, or any damaging events
which are directly or indirectly attributable to
premise defects or conditions which may now exist or
may hereafter arise upon the premzses, any and all
defects being expressly waived by LESSEE.
Executed this the ~_~fc day of ~ ,
198~?
CITY OF DENTON, TEXAS, LESSOR
~L'LOyD V HARRELL, CITY MANAGER
ATTEST.
JENNI WALTERS, CITY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
ERNEST TRIETSCH, LESSEE
~-'~EWI8 TRIETSClt, LESSEE
PAGE 5
RESOLUTION NO.
A RESOLUTION AUTHORIZING PROVIDING SEWER SERVICE TO PROPERTY OWNED
BY MUSKETT CORPORATION AS DESCRIBED HEREIN; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Muskett Corporation has applied to the City to
receive sanitary sewer service for 1ts property located outside of
the City limits, for which request the Public Utilities Board has
recommended approval; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION I. That it approves the request of Muskett
Corporation to receive sanitary sewer services for ~ts property
located as shown on Exhibit "I", attached hereto and ~ncorporated
herein by reference, provided that Muskett Corporation shall
construct all necessary lines and equipment to provide the services
requested and shall comply with all other requirements of the C~ty,
in accordance with City ordinances.
PASSED AND APPROVED this the%~~ day of~, 1989.
ATTEST:
JE~NIF~ WALTERS, CItY sECRET ~
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
RESOLUTION
A RESOLUTION AUTHORIZING A PROPOSAL TO THE CITY OF COLLEGE STATION,
TEXAS, OFFERING THE SALE OF POWER AND ENERGY BY THE CITY OF DENTON,
TOGETHER WITH THE CITIES OF BRYAN, GARLAND AND GREENVILLE,
BEGINNING IN 1992; AND PROVIDING FOR AN EFFECTIVE DATE·
WHEREAS, Denton, together with the cities of Bryan, Garland
and Greenville collectively have excess reserves of electric
generating capacity; and
WHEREAS, the sale of these excess reserves can produce
additional revenue which will benefit the electric customers of the
City of Denton; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION I. That the City Council hereby elects, along with
the cities of Bryan, Garland and Greenville, to tender to the City
of College Station a proposal, offering the sale of power and
energy, beginning January 1, 1992, and that the Mayor is hereby
authorized to execute a letter of Intent to that effect, attached
hereto and made a part hereof.
S~CTION II. That Resolution Number 89-048 passed and approved
by the city Council on the 1st day of August, 1989, is hereby
repealed and the city Secretary is hereby directed to affix a copy
of this Resolution, after the same lS adopted, to Resolution Number
89-048.
~ That this Resolution shall become effective
immediately from and after Its adoption, and it so ORDERED.
PASSED AND APPROVED this day of ~~_~, 1989
ATTEST: ~
~fNNIIF~.~ WALTERS, CItY SE'CRETA~{
APPROV~.D AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
COLSTA ~
LETTER OF INTENT
BY THE CITIES
OF
BRYAN, DENTON, GARLAND, AND GREENVILLE
TO SELL ELECTRIC POWER
AND ENERGY
TO THE CITY OF COLLEGE STATION
Wltnesseth
Whereas the City of College Station, a current total
requirements customer of Gulf States Utilities Company, is
actively soliciting proposals for its power and energy needs
for contract years beginning an 1992; and
Whereas the Cities of Bryan, Denton, Garland and Greenville
(Cities) make up a Joint Action Agency, the Texas Municipal
Power Agency (TMPA); and
Whereas the Cities have sufficient excess operating reserves
to supply the total power and energy needs of College Station
thru the year 1995; and
Whereas the Cities feel it would be in the best interest of
College Station to plan and/or acquire its future power and
energy needs 3olntly with the TMPA; and
Whereas the Cities strongly support the 3olnt participation
of College Station in any future TMPA electrical power and
energy resource; therefore,
The Cltles, by this Letter of Intent, pledge to make available
to College Station sufficient of their excess operating
reserves to supply the total power and energy needs for the
native load of its municipal electric utility system under
the terms and conditions described in Exhibit A which KS made
a part of this Letter of Intent.
ATTEST: C~ty of Bryan, Texas
City S~cr~tary ~ Mayor
Approved as to Form:
C~ty Attorney
ATTEST: C~ty of Denton, Texas
ATTEST: C~-~ of Garland, Texas
C~ty Secretary Mayor
A~T~T: ~ City of Greenville, Texas
B6~d Secretary Board Chairman
Director of Electric Utility
Approved as to Form:
C~ty Attorney /
GMW
07/20/89
File Code' 605
EXHIBIT "A"
SYSTEM PLANNING & OPERATIONS
DISCUSSION ITEMS WITH THE CITY OF COLLEGE STATION, TEXAS
For the purposes of this proposal, the following terms are defined.
Suppl~,Contract
The contract for power supply to College Station by the C~t~es of Bryan,
Denton, Garland and Greenville. The contract will be for full requirements
until 1996, and after 1996, for that portion of College Station load not
supplied by participation in TMPA units.
Power Sales Contract
The contract between TMPA and College Station which defines College Station's
participation ~n TMPA Generation Projects. There may be more than one Power
Sales Contract to define College Station's participation in more than one TMPA
project.
1. Please furnish the rate and billing basis under which the Member Cities of
TMPA are presently billed for their power purchases from TMPA.
Variable costs {primarily fuel) are b~lled on a per Kwh basis at the
time of consumption. The current rate ~s $12.41 per Mwh.
The balance of Agency cost, after being credited for other sources of
revenue (primarily interest earnings), are allocated to each C~ty
based on ~t's prior years contribution to system peak. For
- 1-
convenience, these costs are allocated on a per Kw entitlement basis
for the full capacity of the Gibbons Creek plant. The current rate ~s
$27.B5 per Kw per month. Included as an expense item in this rate, is
an amount necessary to allow ~4PA to achieve a minimum of 1.25 x debt
service coverage. Excess funds generated by this coverage amount are
refunded, on a monthly basis, to the Cities. The effect of this
refund would result in a credit of $5.73 per Kw per eonth on the
capacity charge.
2. What form of rate structure would TMPA anticipate using to b~ll College
Station for future power purchases? If sa~d rate is to be cost based how
are revenues and costs to be "trued" up on a periodic basis?
The four c~tles would bill College Station on a demand and energy rate
intended to collect their average cost per KWH. The rate, as shown
below would be firm with the fuel calculated at actual costs. If ~n
any year the average cost per KWH is less than that billed College
Station, an adjustment will be made in the following year to bring the
total paid per KWH down to the average. If the average cost per KWH
paid by College Station is less than the average cost for the four
cities, there will be no adjustment.
The demand charge would apply to billing demand, which shall be the
larger of the actual demand or 50% of the highest monthly actual
demand during the prior 11 months.
- 2-
RATE:
Year Demand Energy Fuel*
1992 $11.78/KW $2/MWH
1993 $11.78/KW $2/MWH
1994 $11.78/KW $2/MWH
1995 $11.78/KW $2/MWH
Anticipated commercial operation of combustion turbines*
1996 $12.21 $2/MWH
1997 $12.21 $2/MWH
1998 $12.21 $2/MWH
1999 $12.21 $2/MWH
*Based on a blend of lignite and natural gas
with natural gas escalating at 10% per year.
An estimate of fuel charges ~s attached.
* After commercial operation of the combustion turbines, the actual
demand under the supply contract will be decreased by the amount of
capacity ~n the combustion turbines that College Station has
contracted for ~n the Power Sales Contract with TMPA (assumed to be 15
MW for th~s analysis). Estimated Debt Serwce zn the form of a
capacity charge, and estimated non-fuel 0 & M charges are as follows'
Combustion turbines
Debt Service 0 & M
1996 $557,000 $15,000
1997 $557,000 $22,000
- 3-
1998 $557,000 $25,000
1999 $557,000 $30,000
Fuel cost will be College Station's prorata share of the actual fuel
burned in the combustion turbines.
3. What is TMPA's current best estimate for the t~me frame for addition of
the following future generation, both with and w~thout College Station as
a Customer?
a. Gas-fired generation
b. Coal-fired generation
We anticipate that without College Station or any other additional
customers, gas-fired generation will be needed ~n the 1997 1998
timeframe with a dec~sion point being approximately three years
earlier. We would anticipate additional coal generation around 2000
with a decision point being ~n the 1993 timeframe. Addition of
College Station as a customer would accelerate the gas capacity
requirement to May 1996. However, it is not clear whether College
Station's addition would accelerate the construction schedule of the
coal-fired generation or simply result ~n an addition of more
gas-fired generation. Studies to determne this would accompany the
' studies to determine optimum s~ze, type, etc. of the next capacity
addition.
4. What ~s the latest time at which a decision would be required in regard to
College Station's participation in either the contemplated future
gas-fired or coal-fired generation additions of TMPA~
-4-
A decision for the installation of gas turbines by the peak of lg§6
would have to be made by January 1, 1993. A decision for
participation in coal-fired generation would be made later in 1993
prior to January 1, 1994.
5. Can THPA offer any economic development ~ncentlves for power purchases to
College Station to utilize in the recruitment of future large industrial
customers?
The C~ties cannot offer any economc development ~ncent~ves as a
d~stinct part of the supply contract. However, a rate such as the
type proposed, consisting of a high demand charge and a low energy
charge, would be beneficial to College Station ~n the event that a
large high load factor ~ndustrial customer was being recruited. The
amount of the cost reduction as a result of the ~mprovement ~n College
Station's load factor would flow to College Station under the assumed
rate structure. Along w~th out ~nsens~tiwty to fuel price changes,
we believe that long range economic development is enhanced. What
port, on of that cost reduction, College Station would choose to flow
to the industrial customer as an economic development ~ncent~ve would
be College Station's decision.
6. Who is to prowde the serwng transmission l~nes required to furnish
College Station with electric power from TMPA~ If sa~d lines are to be
prowded by TMPA, are these costs to be absorbed in the overall TMPA rate
base, or will any direct facilities charges be required to be borne by
College Station~
Transmission facilities w~ll be prowded by the four c~ties and w~ll
be integrated w~th the C~ty of Bryan's system, ll4PA's delivering
-5-
transmission lines, and the Texas Municipal Power Pool facilities.
There will be no cost to College Station.
7 Please furnish a one-line diagram illustrating the proposed ~ntegratlon of
the College Station Electric System ~nto the transmission network of TMPA
and its Member Cities.
A number of options have been discussed with Bryan and Jlmnky McCord.
Any and all of the options discussed appear to ll4PA to be workable and
totally acceptable. Woody, McCord, White and Wllkerson will work out
details.
8. Has TMPA considered a future demand control load management program for
~ts Member Cities as a method for delaying future generation additions?
ll4PA currently is taking the position that load management can best be
handled as a function of the individual cities, due to the differences
in the local situation, types of customers, etc. However, the
Agency's rate structure, which allocates fixed costs, based on each
Cities' contribution to the system peak provides a financial incentive
for the City to vigorously pursue load management programs, ll4PA
believes in, and is committed to load management as a viable cost
effective way to avoid future capital investments.
One C~ty is proposing that the load management activity become a ll4PA
function in a more active manner than currently. At th~s point ~t ~s
unknown whether th~s proposal will be acted upon.
9 Does TMPA anticipate any problems ~n being ready to serwce College
Station w~th full load power requirements by January 1, 19927 What ~s the
la:est date a contract agreement would need to be executed to permit the
-6-
facilities to be in place by January 1, 1992 to supply College Station's
total load needs?
A contract for power and energy between the four c~ties and College
iStatton needs to be tn place by December 1, 1989 so that College
. Station may be served with no delays.
10. Please furnish a tabulation of the generation capacity of TMPA and ~ts
Member Cities by fuel type. Please also furnish details of all ex~sting
put'chase or sales agreements in place w~th outside utilities.
Lignite Fired 405 Mw
Gas/Oil Fired (reheat) 325 Mw
Gas/Oil F~red (non-reheat) - 607 Mw
The Cities currently have no purchase contracts and have no sales
contracts that would dtmnish their ability to supply College Station.
11. Does TMPA foresee the use of economic energy purchases ~n the future as a
feasible method of delaying future generation additions.
Economic energy purchases cannot be used to supply capacity
requirements. However, prior to the construction of new capacity, all
new sources of power will be investigated, including purchasing from
other utilities. We believe that during the time frame the ll4PA
cities will need generation, there w~ll be no alternative more cost
effective than combustion turbines.
12. Pl.ease furnish details as to the f~nanclal obligation borne by each of the
Member Cities of TMPA for the construction of the Gibbons Creek Power
Plant. What level of f~nanc~al obligation would TMPA anticipate for
-7-
I
College Station if it were included as an equal member partlclpant ~n the
construction of the second unit at the G~bbons Creek Power Plant.
At the creation of TMPA and the declaration of Gibbons Creek Unit #1
as project, each City obligated itself to pay its prorata share of all
costs incurred by ll4PA whether or not any energy was received by the
City from 114PA. College Station's obligation in a future generating
facility would depend on the type of arrangement whereby College
Station had ownership or rights to output of the facility. If College
Station chooses to finance it's portion of the plant itself, then it's
only obligation would be to pay it's prorata share of the 0 & M
expenses after the plant is ~n operation. If College Station is a
member of a reconstituted Agency under terms of a power sales
contract, then it's obligations would be smilar to those of the other
four Cities in the existing contract for that portion of College
Station's full requirement supply which comes from the new units. ~
an equal member participant in G~bbons Creek Unit #2, College Station
could obtain sufficient generation for its capacity needs. However,
we believe that the most advantageous arrangement for College Station
would be a reapportionment of Gibbons Creek #1 along with ownership in
Gibbons Creek #2 at that time so that College Station is no longer a
purchaser of power and energy under a supply contract.
13. What ~s the anticipated l~fe of the G~bbons Creek generation unit(s)?
What is the anticipated availability of lignite reserves for the firing of
these generation units?
The "economic" life of Gibbons Creek is 30 years. From an engineering
standpoint it is certain that the unit will be operational longer than
-8-
that, possibly up to 50 years. The actual useful life will be nmre a
function of the unit becoming technologically obsolete as opposed to
being fully depreciated, or being worn out. TMPA currently controls
about 85% of the lignite necessary to fuel Unit #1 for a 30 year term.
I Tbere are additional lignite reserves adjacent to the current mine
l plan area which could be acquired to fuel the plant in excess of 30
years. Supplemental firing using Western coal and/or natural gas is
currently being analyzed. Either of these supplemental fuel programs
.would extend the useful life of the current Gibbons Creek Mine area as
would acquisition of lignite resources adjacent to the current mine
area.
14. What method of participation by College Station in the construction of the
second generation unit at Gibbons Creek would TMPA deem most advantageous?
As a full member of MPA with apportionment as outlined in answer #12
so that College Station may receive all of its power and energy
through participation.
15. How would TMPA wsuallze the structuring of a short term all requirements
power sales agreement with College Station, if same represented a
predecessor agreement to a future long term joint participation generation
contract with TMPA?
OPTION 1
A short term all requirements supply contract with the four cities
will be written so that as College Station receives entitlement to
generation built by ll4PA, the need for wholesale power diminishes or
-9-
goes away. The supply contract would refer to a power sales contract
with TMPA, but they would be separate instruments.
- l0 -
OPTION 2
Ill(PA visualizes a total requirements supply contract with College
'Station being the supplied utility and the Cities of Bryan, Denton,
Garland and Greenville being the suppliers. Thms contract would be
quite similar to a conventional total requirements supply contract
iwith certain exceptions. One would be the requirement that College
Station participate in some manner in the next generating addition or
that the suppliers have a "get out" option in the event College
Station elects not to participate. The contract would also allow
College Station to supply a part of its total requirements through
ownership/joint action/ participation in a future unit with ll4PA and
supplying utilities. It is anticipated that some portion of College
Station's load would be supplied by the ex{sting City units and
6tbbons Creek Unit #1, basically forever, or at least as long as these
units are operational and College Station and the TMPA Cities jointly
participate in some future unit. The Power Sales Contract would
supplement, not replace, the Supply Contract.
16. In the event that e~ther TMPA or College Station decided (at the "decision
point") to not enter into a long term project to build additional
geQerat~on together, would TMPA allow College Station to decide, (based
upon who it found as a power source) whether it wanted to ~mmedlately
change over to the new power source (out of ERCOT) or decrease the amount
of. power and energy ~t takes from TMPA in increments over a period of
time?
The total requirements contract between the four cttmes and College
Station would have a term of lggs. After that time either College
- 11 -
Station would decrease its requirements for power from the four cities
and buy its capacity elsewhere, or sign a power sales contract w~th
TMPA for generation capacity.
- 12 -
ESTIMATE of SYSTEM AVERAGE FUEL COST
to be applied to
SUPPLY CONTRACT with COLLEGE STATION
$/MWH
1990 15 27
1991 16 12
1992 16 95
1993 18 30
1994 19 89
1995 21 43
1996 23 04
1997 25 31
1998 27 78
1999 30 82
RESOLUTION NO. /~Yg'~)~)"t
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
BETWEEN THE CITY OF DENTON, TEXAS AND THE TEXAS STATE LIBRARY FOR
THE CITY'S PROVISION OF LIBRARY SERVICES TO DISADVANTAGED
POPULATIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
~ That the City Manger is hereby authorized to
execute a contract between the City of Denton and the Texas State
Library, a copy of which is attached hereto and incorporated by
reference herein, for the provision of library services to
dlsadvantaged populations.
S_~ That this resolution shall become effective
~mmedlately upon its passage and approval.
PASSED AND APPROVED this the~ day of~, 1989.
ATTEST:
JENNi~FkR WALTERS,'CITY SECRetARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
8/31/89 ~
RESOLUTION NO. /~ ~9 ° ~)~' !
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
BETWEEN THE CITY OF DENTON, TEXAS AND THE TEXAS STATE LIBRARY FOR
THE CITY'S PROVISION OF LIBRARY SERVICES TO DISADVANTAGED
POPULATIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
~ That the City Manger is hereby authorized to
execute a contract between the city of Denton and the Texas State
Library, a copy of which is attaohed hereto and incorporated by
reference herein, for the provision of library services to
disadvantaged populations.
~ That this resolution shall become effective
Immediately upon its passage and approval.
PASSED AND APPROVED this the day of~, 1989.
ATTEST:
JkNNi~F~.R WALTERS, ' CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: ~
8/31/09
Contract # 407 5
GRANT AGREEMENT FOR PUBLIC LIBRARY SERVICES
TO DISADVANTAGED POPULATIONS
Th~s Contract and Agreement is entered into by and between the Texas State
Library and Archives Commission and the Local Governmental Unit pursuant to the
authority granted and in compliance with the provisions of Vernon's Ann Civ
St. Art. 5436, Powers and Dutfes of the Commfss~on, Dfrector and L~brar~an, and
Public Law 98-480, the Lfbrery Servfces and Construction Act
I CONTRACTING PARTIES
The Receiving Agency: Texas State Library and Archives Commssion
The Performing Agency' City of Denton, Emily Fowler Public Library
II STATEMENT OF SERVICES TO BE PERFORMED:
A The Performing Agency agrees to provide library services to people with
incomes below poverty level by providing library materials and programming
for children and adults and by establishing a Family Reading Program in the
Martin Luther King Recreation Center as described in the grant application
Publfc LfbraryServfces to Ofsadvantaged Populatfons Grant, 1990
B. The Receiving Agency agrees to reimburse the Performing Agency for expenses
incurred in conducting the above specialized library servtce program
C The Performing Agency may charge expenditures agatnst this grant only ~f
they conform to the grant application, as approved by the Receiving Agency,
and are for reimbursement of expenses incurred or obligated durtng the
grant pertod. Grant funds may not be encumbered after August 31, 1990 By
October 31, 1990, a final Financial Status Report w~ll be submitted to the
Receiving Agency and all unexpended funds w~ll be returned or a ftnal
request for any funds due wtll be submitted.
D The Performing Agency agrees to audtt all funds recetved under this
contract. Such audtt shall be conducted in accordance wtth Office of
Management and Budget Circular A-128, Audits of State and Local
Governments. The audit will be provided to the Receiving Agency no
later than 180 days following the close of the city fiscal year
An audit report must be provided for each fiscal year in which funds
from this grant are expended. For purposes of identification this grant
must be designated in the audit report as Contract # 407 5
E Program income must be added to grant funds received under this contract
and reported in the quarterly Financial Status Report
Page 2 of 6
F The Performing Agency may not use monies received under this grant to
replace local funds during the period of the grant.
G Any ~ubltcatton or presentation resulting from or primarily related to the
work conducted under this contract shall contain the following disclaimer
The acttvity whtch is the subject of this report was
supported in whole or in part by the U S. Department of
Education. However, the opinions expressed herein do
not necessarily reflect the position or poltcy of the
U.S. Department of Education and no offtctal endorsement
by the U.S. Department of Education should be Inferred
Promotional materials, bibliographies, and other such short pteces should
give the following acknowledgment.
Published with funds granted by the Texas State Library
under the Library Services and Construction Act, Public
Law 98-480.
H. The Performing Agency is free to copyright any books, publications or other
materials developed as a result of this grant, however, the Receiving
Agency reserves a royalty-free, nonexclusive and irrevocable right to
reproduce, publish, or otherwise use and to authorize others to use, the
work for government purposes.
! The Performing Agency certifies by this contract that it ~s in full
compliance with the assurances set forth in the Public Library Services for
Disadvantaged Populations grant application submitted to the Receiving
Agency which requested federal and/or state assistance
3 The ,Performing Agency agrees to retatn all financial and programmatic
records, supporting documents, statistical records, and any other records
pertinent to this grant for a period of five (5) years. Such records
shall be made accessible to the Secretary of Education, the Comptroller
General of the United States, the State of Texas, or any of their duly
authorized representatives, for the purpose of audits or examinations and
to make excerpts or transcripts of any books, documents, papers, and other
records of the Performing Agency
K The Performing Agency agrees to maintain inventory records of nonexpendable
personal property purchased with grant funds having a unit acquisition cost
of $300 or more. The Perfomtng Agency wtll submit a ltstlng of all
property purchased with grant funds which cost $300 or more to the Rece~wng
Agency on the Form TSL 5[-[2, "Property ]nventory Record", by October
]990. The Perfomtng Agency agrees to conduct inventories of such property
every two years as set forth in the Uniform Grant and Contract Nanagement
Standards for State Agencies. The Performing Agency further agrees that
the,Receiving Agency has the right to transfer all nonexpendable personal
property, which includes equipment and library materials, acquired with
funds from this grant and having a unit acquisition cost of $[,000 or more
Page 3 of 6
L The Performing Agency agrees to secure the specific written approval of
the Receiving Agency before obligating or expending grant funds for costs
requiring grantor agency approval. The Receiving Agency authorizes the
PerfOrming Agency to expend grant funds for the following prior approval
costS.
Automatic Data Processtno Costs
None
Buildtna and Related Costs
None
None
Insurance and Indemnification
None
professional Services
Family Reading Consultant $ 350
The Performing Agency agrees to provide the Receiving Agency with two (2)
sets of all promotional materials produced under this contract.
N The Performing Agency agrees to submit two (2) Public Library Services to
Disadvantaged Populations Project Evaluation Report Form and two (2)
Uniform Statistical Reports for the periods: (1) September 1, 1989 to
February 28, 1990, due March 26, 1990 and (2) March 1, 1990 to August 31,
1990, due September 25, 1990. A final Uniform Statistical Report will be
due October 31, 1990 if library materials ordered with grant funds are
received during the period August 31 to October 25, 1990.
0 The Performing Agency agrees to submit five {5) Financial Status Reports to
the Receiving Agency during the contract period. The Performing Agency
further agrees to submit these reports according to the following schedule
ReDorttna Period Due Date
September 1, 1989 - November 30, 1989 December 29, 1989
December 1, 1989 - February 28, 1990 March 26, 1990
March 1, 1990 - May 31, 1990 June 25, 1990
June 1, 1990 - August 31, 1990 September 25, 1990
A final Financial Status Report will be submitted by October 31, 1990
P The Performing Agency agrees to comply with the terms and conditions of
this contract and acknowledges that failure to comply can result in grant
suspension. Suspension shall be effective fifteen (15) days after
receiving written notification from the Receiving Agency. During the
suspension, the Performing Agency shall be reimbursed for those costs which
cannot be reasonably avoided provided they are allowable under the grant
agreement.
Page 4 of 6
The Performing Agency affirms that tt has not gtven, offered to gtve, nor
tntends to gtve at any ttme hereafter any economtc opportunity, future
employment, gtft, loan, gratuity, spectal discount, trtp, favor or service
to a publlc servant in connection with thts contract The Performing
Agency further afftrms that 1ts employees or agents shall netther soltc~t
nor accept gratuities, favors or anything of monetary value from
contractors, potential contractors or parttes to subagreements
R The Contracting Parties may terminate thts contract by gtvtng wrttten
nottce at least thirty (30) days prtor to the effective dates of such
termination. Termination procedures shall adhere to the provisions of
the Unfform Grant and Contract Management Standards for State Agencfes
$ The Performing Agency shall administer thts grant in accordance wtth the
Unfform Grant and Contract Manageeent Standards for State Agencfes whtch
shall be considered a part of thts contract.
III PAYMENT FOR SERVICES.
The Receiving Agency shall pay for servtces recetved from federal appropriation
Items or accounts of the Receiving Agency from whtch like expenditures would
normally be patd, based upon a "Request for Advance or Reimbursement" submitted
by the Performing Agency on SF 270. The request wtll be only for the amount of
funds requtred to meet disbursement needs for a one-month period, but should not
be less than $2S0 per request.
TERM OF CONTRACT:
Thts Contract Is to begtn September 1, 1989 and shall terminate August 31,1990
V BASES FOR CALCULATING REIMBURSABLE COSTS.
Cateaorv Amount
Personnel $ 27,851
Fringe Benefits 8,378
Travel 250
Equipment 0
Suppltes 11,350
Contractual 350
Other 1.300
Total Oirect Charges $ 4g,47g
Indirect Charges 0
TOTAL CONTRACT AMOUNT $ 49,479
Page 5 of 6
Funds may be transferred among the above cost categories without amending this
contract as long as the transfers do not require a scope change, This provision
only applies to the above cost categories where dollars are budgeted, The
transfer of funds process does not allow the total amount of the contract to be
exceeded.
VI CONTRACT AMOUNT:
The total amount of this contract shall not exceed: $ 49,479
Forty-Nine Thousand Four Hundred Seventy-Nine Dollars
Source of Funds in this Contract: LSCA Title I, FFY 1989 Carryover
The undersigned Receiving Agency does hereby certify that (I) the services
specified above are necessary and essential for activities that are properly
within the statutory functions and programs of the affected agencies of state
and local governments; (2) the services, supplies or materials contracted for
are not required by Section 21 of Article 16 of the Constitution of Texas to
be supplied under contract given to the lowest bidder; and (3) the arrangements
and payments contracted for are in compliance with the provisions for Programs
of the Department of Education, the Rules and Regulations and the General
Provisions of the Library Services and Construction Act, P L 98-480 and the
State Library Plan for operation under the Library Services and Construction
Act
RECEIVING AGENCY PERFORMING AGENCY
City of Denton
Texas State Library Emily Fowler Public Library
Si{FGatu~e ~Mu~be an offic'I/al
empowered to enter into contracts)
Raymond Httt Lloyd Barrel1
Typewritten Name Above Typewritten or Printed Name Above
Assistant State Librarian City Manager
Title Title
Auoust 25. 1989 August 28, 1989
Date Date
Page 6 of 6
~pe or print nam of local fiscal ~pe or print name of individual
officer responsible for account into designated as the person entrusted
which these funds are to be paid. with the safekeeping of the
property acquired w~th grant funds
(If applicable)
Name of Fiscal Officer Name of Propert~anager
Executive Director of Finance Library Director
Title (Must be an official of Position of Property Manager
the Perfomtng ~ency)
215 E. McKinnev. Denton, TX 76201 502 Oakland, Denton, TX 76201
ADDRESS ADDRESS
817/566-8~2Q 817/566-8472
TELEPHONE NUMBER TELEPHONE NUMBER
2765L
RESOLUTION NO. 9-0&2
A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL SUPPORTING THE
INTRODUCTION OF FIRE SUPPRESSION LEGISLATION REGULATING BUILDINGS
OWNED BY THE STATE OF TEXAS, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the presence of state owned buildings within a
municipality create unusual hazards for the local fire department
because they do not have to comply with any local codes and the
local fire departments do not have the power to inspect or
otherwise enforce fire prevention measures, and
WHEREAS, fires pose significant hazards to property and not
only the lives of the occupants of buildings, but firefighters as
well and many state buildings are so large that they exceed the
capabilities of the local fire department, and
WHEREAS, automatic fire sprinklers are the single most
effective tool in the early suppression of fires and the
reduction in the loss of life and property, NOW, THEREFORE,
BE RESOLVED BY THE COUNCIL OF THE CITY OF DENTON
SECTION I. That the City Council of the City of Denton
supports legislation that would
a. Require that all new state buildings be required to
comply with all applicable local codes,
b. Authorize the inspection and enforcement of applicable
codes by the local fire department with respect to all
state property within a local Jurisdiction,
c. Require that all future state buildings be built with
automatic fire sprinkling systems, and
d. Require that all state buildmngs now mn exmstence be
retrofitted with automatic fire sprinklers as funds
become available and that priority be given to resi-
dential buildings, such as dormitories on university
or college campuses.
SECTION II. That significant public safety concerns exist to
declare this to be an emergency and that it receive priority
attention in the upcoming legislative session
SECTION III. That this resolution shall become effective
immediately.
PASSED AND APPROVED this the ~-~ day of September, 1989.
ATTEST:
Betty Williams, Deputy City Secretary
APPROVED AS TO LEGAL FORM'
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
7776L
RESOLUTION NO.
A RESOLUTION APPROVING BUDGET ADJUSTMENTS FOR FISCAL YEAR
1989-90, AND DECLARING AN EFFECTIVE DATE
SECTION I. The budget adjustments, as indicated on Exhibit
and included by reference herein, for the
"A",-attached'"'here~ approved and
fisca~ year 1989-9o are hereby, in all things,
ratified.
sECTION II. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the /~ day of September, 1989.
ATTEST:
~r Walters, City ~ec Y
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
RESOLUTION NO.~~_~h~
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:
107.06 Occupational Injury Benefit Program
~T_!~. The foregoing policy is attached hereto and made
a part hereof and shall be filed in the official records with the
City Secretary.
S_~_~. 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.
~. This Resolution shall become effective
immediately upon its passage and approval.
ATTEST: /
J~.NNII~E'R WALTERS, C]~TY S~CRE
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
89-497
CITY OF DENTOI' FAOE .,.
POLICY/ADMINISTRATIV~ PROC'EDURI~'/ADMIHISTRATI¥S DIRI~OTI¥'I~
REFERENCE
NUMBER
SECTION 107 06
PERSONNEL/EMPLOYEE RELATIONS
EFFECTIVE DATE
SUBJECT
EMPLOYEE BENEFITS AND SERVICES
REPLACES
TITLE OCCUPATIONAL INJURY BENEFIT PROGRAM
POLICY STATEMENT'
It iS the City of Denton's policy to provide benefits to regular full-time,
regular part-time, temporary and seasonal employees, as well as volunteers as
detailed in Articles 8306 through 8309h, Texas Workers' Compensation Act
(TWCA), V.A.C.S., as amended.
ADMINISTRATIVE PROCEDURES'
I. GENERAL
A. The industrially injured worker is entitled, under the Texas
Workers' Compensation Act, Articles 8306 through 8309h, V.A.C.S.
('Act") to receive from his employer full medical services and cash
benefits for temporary disabilities and for permanent disabilities.
The widow and dependents of employees killed in industrial accidents
are entitled to death benefits pursuant to the Act.
B. The Act applies to regular full-time, regular part-time, and
temporary employees, as well as volunteers. The Act applies only to
physical injuries and occupational diseases that arise out of and in
the course of employment. It does not apply to natural illnesses
which are not caused or aggravated by any such physical injury.
C. An employee who is injured on the Job must notify his supervisor
immediately unless the injury is of a nature that prohibits such
notificationt such as unconsciousness.
D. The Risk Management Office shall be responsible for the overall
supervision, coordination, and implementation of the City's workers'
Compensation Program. All questions relatlve to the specific
application of the Act should be directed to the Risk Management
Office, which will coordinate with the Legal and Personnel
Departments, if appropriate.
E. In some cases, the position of an employee who has been injured on
the Job may be filled due to business necessity. In such cases, his
benefits under the Act will not be affected. Terminations will be
carried out in accordance with the policies of the City of Denton.
PaKe 2 of 6
POLICY/ADMINISTRATIVE PROCEDURE/ADKINISTRATIVE DIRECTIVE (Continued)
~ REFER F, NCE
TITLE~ OCCUPATIONAL INJURY BENEFIT PROGRAM ~NUMBER'.
F. All employees who are covered by the Act and who are in a lees than
Full Duty Status shall not engage in any employment whatsoever
without the written approval of the Risk Management Office and
Personnel Department.
G. Employees who have been injured on the Job and engage in any
secondary employment, without approval of the Risk Manager and
Director of Personnel/Employee Relations, shall be subject to
disciplinary action.
II. THE SUPERVISORS' RESPONSIBILITIES IN ADMINISTERING THE WORKERS'
COMPENSATION PROGRAM:
A. The supervisor shall insure that all occupational injuries are
immediately reported.
B. The supervisor shall arrange for a personal contact with all
employees who suffer major lost time injuries. The supervisor or
hie designee is encouraged to contact an injured subordinate
employee within forty-eight (48) hours after the initial report of
injury. Concern by the supervisor for the morale and well-being of
an injured employee could be expected to partially alleviate
anxieties. Failure to maintain contact with an injured employee may
be interpreted by that employee as a lack of concern on the part of
the City.
C. The supervisor should review all accident reports and take
appropriate, corrective action to minimize, the reoccurrence of such
accidents.
D. The supervisor shall also forward to Risk Management a completed
copy of the Desi~nation of Duty Status form, which the injured
employee shall provide to him.
E. A First Report of InJur~ (form E-l) must be completed by the
department and sent to the Risk Management Office ae soon aB
possible, and no later than three (3) calendar days after any
occupational injury.
F. An Employer's Supplemental Report of Injury. (form E-2) must be
completed by the department and submitted to the Risk Management
Office within three (3) calendar days of the following:
1. An injured employee's Duty Status changes from working to
non-working (i.e., a previously injured employee who returns to
work and begins to lose time again due to the same injury) or
non-working to working status. These circumstances may recur
numerous times and, if eo~ an E-2 must be completed at each
status change.
Page 3 .of 6
POLiCY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
~R~FERENCB
TITLE. OCCUPATIONAL INJURY BENEFIT PROGRAM ~NUMBER.
2. If an injured employee does not return to work after sixty
(60) consecutive calendar days. An E-2 must be completed on
the 60th day and on every consecutive 60th calendar day
thereafter.
The initiation and discontinuance of Workers' Compensation benefits
is contingent upon the completion and timely submission of the E-?
form. The E-2 form must be completed and submitted within thre,',
(3) calendar days of the status change.
G. In case an employee is seriously injured or dies, the Risk Management
Office must be notified xmmediately. If the accident occurs during
other than normal working hours, the department should immediately
notify the Risk Manager at his residence.
III. INDIVIDUAL EMPLOYEES' RESPONSIBILITIES IN ADMINISTERING THE WORKERS'
COMPENSATION PROGRAM.
A. Each employee who is injured on the job must immediately notify
supervisor when the injury occurs, unless the injury is of a nature
that prohibits such notification. The Act requires an employee to
notify his employer within thirty (30) days of the date of the injury
and to report such injury to the Industrial Accident Board (IAB)
within six (6) months. The IAB wxll send forms to the employee to be
completed. An employee may forfeit his rights to all benefits if he
fails to notify his supervisor or the I.A.B.
B. It is the responsibility of the employee injured on the Job to have
the Designation of Duty Status form filled out by the examining
physician and returned to his supervisor immediately in accordance
with this policy.
C. An employee who is on OCcupational injury leave must contact his
supervisor on a weekly basis. If the employee is unable to make
contact personally, he should have someone contact his supervisor on
his behalf. The City must be aware of the employee's status in order
to plan and assign work duties and responsibilities in an efficient
manner.
D. An employee who fails to contact his supervisor in accordance with
the above shall be subject to disciplinary actions in accordance with
the City's disciplinary policy.
IV. NON-CIVIL SERVICE EMPLOYEES' WORK STATUS
A. An employee's position (excluding Civil Service personnel in the
Police and Fire Departments) may also be filled due to business
Page 4 of 6
POLiCY/ADmiNiSTRAtIVE PROCEDURE/ADHIN~sTRAT~¥E DIRE~f~VE (Continued)
[REFERENCE
TITLE: OCCUPATIONAL INJURY BENEFIT PROGRAM ~NUMBER:
necessity if he falls within one of the following categories:
1. The employee must have been off work, or has been unable to
perfom all the duties of his normal position for a period
of at least one hundred and eighty (180) calendar days, and
his physician does not anticipate his return to a full work
status for at least an additional thirty (30) calendar days.
2. The employee whose frequency and number of lost time
injuries, and/or the number of days in which he is unable to
perform all the duties of his position, is such that the
employee's contribution to the department is minimal and
non-productive during a period of at least one hundred and
eighty (180) days, and his physician does not anticipate any
change in status for an additional thirty (30) calendar days.
B. No employee's position shall be filled on the basis of business
necessity until he has been unable to perform all his duties, or
intermittently performed his duties, for at least one hundred and
eighty (180) calendar days and medical records indicate he will not
return to full duty status for an additional thirty (30) calendar
days.
1. Prior to filling an employee's position due to business
necessity, the employee shall be given an opportunity to
obtain employment either within or outside the City service.
2. The employee can compete for ope~ positions within the City,
in accordance with the city's employment policy; however,
the City cannot ~uarantee that a suitable position will be
found.
3. If a supervisor believes an injured employee's position must
be filled on the basis of business necessity, the supervisor
will make such a recommendation to the Personnel
Department. The Personnel Department will verify the
business necessity documentation and, if appropriate,
initiate proceedings to fill the position in accordance with
the City's policies.
C. In the event an injured worker's position is filled, he shall be
terminated due to the unavailability of a position, in accordance
with the policies of the City of Denton.
V. CIVIL SERVICE EMPLOYEES (POLICIES AND FINAL WORK STATUS)
A. An employee who is subject to Chapter 143 of the Texas Local
Government Code, and who is injured on the Job will be paid Workers'
Page 5 of 6
POLICY/ADMiNISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (C~ntinued)
{REFERENCE
TITLE: OCCUPATIONAL INJURY BENEFIT PROGRAM {NUMBER:
Compensation indemnity payments plus wage continuation benefit
payments such that the total equals 100% of normal pay, beginning the
eighth day of occupational disability after the first day off from
work. If the disability continues for four (4) weeks or more, the
initial week of compensation will be paid retroactively.
B. An employee subject to Chapter 143 of the Texas Local Government
Code, and who is off work due to an on-the-Job injury, receives wage
continuation for a time period not to exceed one (1) year. The City
Council may extend the salary supplement benefits in part or whole.
Barring such action, the employee may then use accumulated sick
leave, personal leave, or other accrued benefits.
C. Workers' Compensation benefits will continue in accordance with the
Act.
VI. MEDICAL TREATMENT:
A. City employees covered under the Workers' Compensation Act shall have
the sole right to select or choose the physicians and/or facilities
to furnish medical aid, hospital services and nursing as may
reasonably be required at the time of the injury, and at any time
thereafter, to cure and relieve from the effects naturally resulting
from the injury. However, the City shall have the privilege of
having any injured employee examined by physicians and/or facilities
of its choice.
B. When an injured employee is initially referred for medical treatment,
and subsequent treatment, the employee 'will have his physician
complete a Desi~nation of Duty Status form. This form will be
returned to the employee's supervisor fo~lowing each treatment.
VII. POLICY DEFINITIONS:
A. "BUSINESS NECESSITY" is when a division's productivity is adversely
affected because an employee is not able to perform his regular
duties as a result of an on-the-Job injury.
B. "INJURY" refers to any injury to the physical structure of the body,
or a part thereof, which requires medical treatment. It shall not
include any illness, disease or infection, unless such condition is
directly caused by and naturally results from an on-the-Job physical
injury or environmental hazard. For purposes of this policy,
injuries will be considered "on-the-Job" only when the employee is
performing an assigned or regularly scheduled Job function directly
related to his/her current City of Denton employment. This does not
include any extracurricular activities which may be sponsored by the
Page 6 of 6
POLICY/ADMiNISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
[REFERENCE
TITLE: OCCUPATIONAL INJURY BENEFIT PROGRAM INUMBER:
performing an assigned or regularly scheduled job function directly
related to his/her current City of Denton employment. This does not
include any extracurricular activities which may be sponsored by the
City (i.e., picnics, sporting events or other recreational-type
activities).
C. "REGULAR FULL-TIME EMPLOYEES" are employees budgeted to work at least
forty (40) hours per week on a continuing basis.
D. "REGULAR PART-TIME EMPLOYEES" are employees budgeted to work less
than forty (40) hours per week.
E. "TEMPORARY EMPLOYEES" are employees who work a specified number of
hours per week for a limited period of time. such positions are
deleted after expiration of the authorized period.
F. "SEASONAL EMPLOYEES" are employees who work a specific number of
hours per week during a specific work season. The need for such
positions usually recurs on an annual basis.
G. "TEMPORARY DISABILITIES" consist principally of soft tissue injuries
and simple fractures that may require some loss of work time. These
can evolve into permanent disabling injuries if not properly handled.
H. "PERMANENT DISABILITIES" are severe injuries which result in the
injured party receiving irreversible disability after the injury
heals.
REFERENCE FORM:
Employer's Ffrst Report of Injury (Form E-l},
E~ployer's Supplemental Report of Injury (Form
Designation of Duty Status (Form 2127G/2).
4042F
04/27/89
276§L
RESOLUTION NO. ~_L~
A RESOLUTION ACCEPTING A GRANT OFFER FROM THE FEDERAL AVIATION
ADMINISTRATION IN THE AMOUNT OF $300,000.00 FOR THE CONSTRUCTION
OF DRAINAGE IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton has submitted to the Federal
Aviation Administration an application for federal assistance for
a grant of federal funds for a project for development of the
Denton Municipal Airport, and
WHEREAS, the Federal Aviation Administration has approved a
project for development of the Airport consisting of the
construction of drainage improvements, and
WHEREAS, the Federal Aviation Administration has submitted to
the City of Denton a Grant Offer in the amount of Three Hundred
Thousand ($300,000.00) Dollars for the construction of such
improvements, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON.
SECTION I. That the City of Denton hereby accepts the Grant
Offer and agrees to comply with all of the assurances and
conditions contained in the Grant Application and the Grant
Offer, and the City Manager of the City of Denton or his designee
is hereby authorized to execute such agreements
SECTION II. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the ,~ day of~ , 1989.
Ray St~ens, Mayor
ATTEST
j~nni f~r it SecYeta~y'
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH
Page I of 4 pages
GRANT AGREEMENT
FOR DEVELOPMENT PROJECT
Date of Offer A[II~ ~ ! Igl~§
Airport Denton Hun~.c ~.pa 1
Project N0 3-48-0067-04
Contract No DOT FA 89 SW-8818
TO The C~.ty of Denton, Texas
(hereto referred to as the "Sponsor")
FROM The Umted States of America (acting, through the Federal Aviation Admm:stration,
hereto referred to as the "FAA")
WHEREAS, the Sponsor has submHted to the FAA a Project Apphcat:on ( also called
an Apphcat:on for Federal Assistance) dated August 30, 1989 , for a grant of Federal
funds for a project for development of the Denton Mun:tc,pa!
Airport (hereto called the "Airport"), together with plans and
spec:ficat~ons for such project, which. Apphcatlon for Federal Asmstance, as approved b)
the FAA ts hereby incorporated hereto and made a part hereof, and
WH.EREAS,,~he FAA has approved a project for development of the Atrport (herein called
the ProJect ) consisting of the follo~mg-descmbed airport development
M~scellaneous draxnage ~mprovements
all as more particularly described in the property map and plans and spec:f:cat~on~ re,or
porated tn the sa:d Apphcat~on for Federal Ass:stance
Form 5100-37 (2-88) Development or Noise Program
Page 2 of 4 Pagss
NOW THEREFORE, pursuant to and for the purpose of car~ji~ out the provisions
of the Airport and Airway Improvement Act of 1982, as -mended by the Airport
and Airway Safety and Capacity Expansion Act of 1987, herein called the
"Act," and/or the Aviation Safe~y and Noise Abatement Act of 1979, and in
consideration of (a) the Sponsor's adoption and ratification of the
representations and assurances contained in said Project Application and its
acceptance of this Offer as hereinafter provided, and (b) the benefits to
accrue to the United States and the public from the accomplishment of the
Project and compliance with the assurances and conditions as herein provided,
T}~ FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES,
HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable
costs incurred in accomplishing the Project, nznety percentum of all
allowable project costs.
This Offer is made on and subject to the following terms and conditions
Conditions
1. The maximum obligation of the United States payable under this offer
shall be $$00,000.
2. The allowable costs of the project shall not include any costs de,ermined
by the FAA to be ineligible for consideration as ~o allowability under
the Act.
~. Payment of the United States share of the allowable project costs will be
made pursuant to and in accordance with the provisions of such
regulations and procedures as the Secretary shall prescribe. Final
determination of the United States share will be based upon the final
audit of the total amount of allowable project costs and settlement will
be made for any upward or downward adjustments to ~he Federal share of
COSTS*
4. The SpOnsOr shall carry out and complete the ProJec~ withou~ undue delays
amd in ,accordance wi~h the terms hereof, and such regulations and
procedures as ~he Secretary shall prescribe, and agrees to comply wx~h
the assurances which were made part of ~he project application.
5. The FAA reserves the right to amend or withdraw this offer at any time
prior ~o its acceptance ~J the sponsor.
6. This offer shall expire and the United States shall no~ be obligated to
pay any part of the costs of the project unless this offer has been
accepted by the sl~naor on or before Seo~ember 30. 1989 or such
muhsequen~ date as may be prescribed in writing by the FAA.
FAA Form §100-]? (2/88) Developaent or Noise Program
Page 5 of 4 Pages
7. The sponsor shall take all steps, including litigation if necessary, to
recover Federal funds spent fraudulently, wastefully, or xn vmolatmon of
Federal antitrust statutes, or misused in any other manner in any project
upon which Federal funds have been expended. For the purposes of this
grant agreement, the term "Federal funds" means funds however used or
disbursed by the sponsor that were originally paid pursuant to thms or any
other Federal grant agreement. It shall obtain the approval of the
Secretary aa to any determination of the amount of the Federal share of
such funds. It shall return the recovered Federal share, ~ncluding funds
recovered h2 settlement, order or Judgment, to the Secretary. It shall
furnish to the Secretary, upon request, all documents and records
pertaining to the determination of the amount of the Federal share or to
any settlement, litigation, negotiation, or other efforts taken to recover
such funds. Ail settlements or other final positions of the sponsor, in
court or otherwise, involving the recovery of such Federal share shall be
approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property
or injury to persons which may arise from, or be incident to, compliance
with this grant agreement.
9. The property map referred to on Page 1 of thzs Grant Agreement xs the
Property Map, Exhxbxt "A", attached to the Applxcatxon for Federal
Assxstance attached to the Grant Agreement for Project No. 5-48-0067-01
10 The plans and specxflcatlons referred to on Page 1 of this Grant Agreement
are the preliminary plans approved by the FAA on August 18, 1989
11. The Sponsor hereby agrees that it wzll not advertzse for bmds, award a
contract or commence constructxon of any development mn this pro]ect until
it has submxtted fxnal plans and specmf~cat~ons satisfactory to the
Administrator for such development, and such plans and spec~flcatmons have
been approved. It is understood that the Unxted States w~11 not make nor
be obligated to make any payment for such development untxl the Sponsor
has submxtted such plans and specxfxcat~ons and they have been approved
as herexn provxded. The Sponsor further agrees that mt w~11 submmt sa~d
final plans and specifxcatxons to the Admxnlstrator no later than 60 days
from the date of this Grant Agreement.
FAA For~ 5100-~7 (2-88) Development or Noise Program
Pags 4 of 4 Pages
The Sponsor's acceptance of this Offer and ratification and adoption of :he Project
Application incorporated herein shall he evidenced by execution of chis instrume~c
by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise
a Grant Agreement~ as provided by the Act~ constituting the contractual obligations
end rights oflthe United States and the Sponsor with respect Co the accomplishmen:
of the Project and compliance with the assurances and conditions as provided herein
Such Grant Agreement shall become effective upon the Sponsor:s acceptance of ch£s Offer
UNITED STATES OF AMERICA
FEDERAL AVIATION ADHINISTRATION
(Title) gana~er. Safe*v and . h
Fart II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, represen:ations,
warranties, covenants~ and agreements contained in the Project Application and
incorporated materials referred to in the foregoig$ Offer and does hereby accep: this
Offer and by such acceptance agrees to comply with all of the terms and conditions
in this Offer and in the Project Application
Executed this 19th day of September , 19 89
(SEAL)
ACtes=~~rigle City Manaqer.
T~cle~ Deputy City Secretary
~ERTIFI~ OF SPONSOR'S ATTORNEY
I, Debra Dray0w~ch , ack,mS as A:~o~ney for ~he Sponsor do hereb~
~t ~n m~ opinion ~he Spomsor ~s empowered :o en:er in:o ~he fo~eso~ns G~an: Asreemen:
vnde~ the ~s of ~he ~mte of T~x~s Further, I have examined
the fo~e~o~n~ ~r~nt A~reemen~ ~nd the mmt~ons ~mken by smid Spouso~ ~elat~n~ ~hereCo~
and f~nd :ha~ the mccep:auce thereof by sa~d Sponsor amd Sponsor's official
has been dul,~ muthor~zed and th~: the mxec~ion :~ereof is in all respects due and prope~
and In ~cco~dan~e ~h ~he la~s of ~he sa~d B:ate ~nd ~be Ac: ~ add~:~on, fo~
~nvolvinB p~o~ects to be ~arr~md o~: ~ property no~ o~ed b~ :he Sponmo~ :here a~e ~o
legal lmped~men:o tha~ vtll preven~ full performance by ~he Sponsor Further,
my opinion ~hac ~he 8a~d Grant Agreement constitutes a Legal and binding obligation of
.he Sponsor~.cc;::7~ ~tch the ~erm. ~hereo~. ~, 19~
Sl$~ature of $ponsSr s
F~ Form 5100-37 (2/88) Development or Noise Program
FEDERAL A~ISTANCE
c~ o~ .~o~ ~-oooo~
~o ~ 215 E. M~INNEY
~ ~ DENTON ~ ~ D~TON
~ ~ TE~
m n~:::~; (817) 566-84~9 AIRPORT IMPKOVE~NT PROG~
D~INAGE I~ROVE~NTS
,1~ ~~ I~ ~~ ~ : ._ .-
26 26
333
,or~ Standards Section 3-48-0067-04
Federal Aviation Administration ~ ~mY~-~
Fort Worth, Texas 7619~-0652
lien '/~0-01-00~l~t A,.uMM ~ OM~ Clmd~ ,d-lO, T
m NOT UOa~A
DI:PARTMI:NT OF TRANSPORTATION FEDERAL AViATiON ADM~NISTRATION o~ ~o ~0 ~
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item I
Does ~hts assistance request require State, local, Name of Govermng Body
regional, or other priority ratLng9 Priority RatLng
Yes--No
Item 2
Does th~s assistance request require State, or local Nome of Agency or
adwsory, educational or health clearances~ Board
Yes ~: No (Attach Documentahon)
Item 3
Does this assistance request require clearinghouse review (Attach Comments)
in accordance w,th OMB Circular A 959
~ y es ._.~.--- No
Item 4
Does th~s assistance request requ*re State, local, Nome of Approwng Agency
regmnal of other planning approval9 Date
__Yes X No
Item 5.
Isthe proposedprolect covered by an approved Check one State
Local
comprehensive plan9 Regional
Ii Yes X No Locahon of plan
Item 6
WtlJ t'~e assistance requested serve a Federal Name of Federal Instollat*on
installation9 .Yes }{ ..No Federal Population beneflhng from Pro~ect
Item 7
WHI the assistance requested be on Federal land Nome of Federal Installation
Locahon of Federal Land
or installatmn9 ..Yes 7, No Percent of Prolect
Item 8
Will the assistance requested have an ~mpoct or effect See mstructmn for odd,hanoi mformatmn to be
provided
on the enwronment? 7,
.,. Yes No
Number of
Item 9
Will the ass: stance requested cause the d~splacement of Indtwdual s
FamHtes
md~wduoJs famthes, businesses, or farms9 Businesses
Ygs ~ NQ Forms
Item 10
Is there other related Federal assistance on this See instructions for addH*onal mformahon to be
prolect pfewous, pending, or anticipated9 provided
, Yes ~: No
FAA Fom~ SIQQ,I~Q ~-9~) SUPERSEDES FAA FORM St0G-~0 RAGES I THRU 9 Pete 2
DEPARTMENT OF TRANSPORTATION - FEDERAL. AVIATION ADMiNiSTRATiON OMa NO O4 R0209
PART 11 SECTION C (SECTION B OMITTED)
The Sponsor hereb) represent~ and certifies as follows
I Compatible Land Use -The ~ponaor has taken the follo~mg achon~ to a~ure compatible u.age of land adjacent to or .i
the vlclmt~ of the airport
1. Airport height zoning ordinances
2. Noise compatibility and compatible land use plans
3. City annexation programs
4. Commercial zoning around airport
2 Defaults,-The $oonsorl~notmdefaultonan)obhgato~totheLmtedState-oran~agenc~ ofthtLmt~d ~tate-(,o~ert~
mentrelat~setothedeve~pment, operatlon or mamtenanceofan)a~rport extepta.~tatedhere~tth
None
,~ Possible Dlaabditles -There are no facts or circumstance. (mc ud nit t e exzstence of effectn~ or propo-ed lea.e~ u-~
ements or other legs instrument~ affecting u~e of the -~ rport or the existence of pendmg ht~gat~on or ~ther legal prottedm~
wa~:e~h In reasonable robabdlt) m iht male ~t mnoss~ble for the ~,pon~e.t to carr~ out and complete the ProJect or carrx out
~tn~lslons of Part V oP~ th~s Application, either b) Iz~lUng ~t. legal or fman¢lal abd~t) or other~ ~-c exc eps a. follo~*-
¢ Land -(a) The Sponsor holds the foilwnmg properS) mterest n t e following area. of [and* v. hwh are to be de~elop,,[
Ion w,th the Ai rS, subject to the following exceptions encumbrances, and adverse interest-
used aa art of or m connect epa ,,
a°l~ of whlchP~teas ate identified on the ~ I I I properS) map designated a~ Exhibit ~
Attached to the Application for Federal Assistance attached to the
Grant Agreement for AIP Project 3-48-0067-01
Fee simple title' Parcels 1,2,3,4,5,6,C and D.
estate character of property Interest in each area and list and ~dentlf) for each all exeep.ons encumbram es and
of every hind and nature, mcludln~t liens, easements,/eases, etc ?he separate areas of land need aah be tdennfted here I,~ th,
area numbers shown on the property map
Page 3a
FAA Form gl00-100
OMB NO 04 R0209
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADNIINISTRATION
PART 11 $£CT10,~ ¢ (Contmued)
The Sponsor further certlfze- that the abo~e ~ based on atKle examination b~ a quahf~ed attorlle~ c,r tlth ~m~pan~, and thdt
such attornex or title company, ha- determmt d thai the ~pon-or hold. the abo~ e propert~ mtere.t-
the Pr~.leet the'followtng propert, ,ntere~.t tn the fo?~tng area- of.land* ~n. v.h~th[.-,u? ~on~.tructton '*ark t.- to be performed
all of ~h]ch area, are ~dent*f,edon the aforcme]moneu propert~ tnap ue,~[.,~rmteo a- ~xmo,t
tc~ The ',oon~nr will aeumre v. lthm a rea..o ab e tmie and if I'ea,*ble prior Ia the complebon of all con,tru~hon '~ork under
~1~ ~,'~.ect t~ follow n~ nr'uoert~, inlere~t n t e follo.~mg area- of a d* v. hzth are lobe de, eloped or u-ed a; part of or
~n~iJ~on'wtth the ~,r~)r't a~t v. tll b,e upon completmn o¥ the ProJect all of wh,~h area~ are ,dental,ed on the a,orement,one~
ptopert) map designated as Exlubl!
5 Exclusne Rights -There ts no ~l'ant of an excluss~e
or controlled b), the 5pan,or except es
* eter of .rooert~ interest m each area end h. end ident,f~ for each all axe eptmn~ encumbrances and adter~e tnt, re,t,
~tate chura.
ar~ numbers ahown on the propert) ~p
P~e 3b
FAA Form 61~1~
DEPARTMENT OF TRAHSPORTATION FEDERAL AVIATION ADMINI$T#A HU~
PART III - BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
1 Federal Domesh¢ Assistance Catalog No 20 1.06
2 Functional or Other Breakout
SECTION B - CALCULATION OF FEDERAL GRANT
t Adrlmtst~atmn e~p''nc*' $ $ S
2 Pmh,maw expense
3 La~,d,s:ructures, rlsht of way
4 A~chdectufal engmee,ng pas~c fees
50the[ a[chstectuml enBmee, ng fees
~ 1.5,000
6 Project ~nspacbon fees
7 Land development
8 Relocation E~oenees
9 Reiocahon payments to Individuals ane Businesses
l0 Demol,tion and lemoval
293,000
11 Constmctmn ami prolect ~mplovement
12 Eqmpme~t
13 U~scellaneous 333,000
14 Total (Lines I through 13)
15 Est~mat~ Income Of a~phcable)
16 Net Project AR'-'".! (Line 14 minus 15)
17 Less Inehg~ble Exclumone
18 Add Contm~e~oes
19 Total Pioject Amt (Excludm~j Rehabd~tatron Giants) 3 33, OOO
300,000
20 Federal Share,r~;~t~ of Line 19
21 Add Rshabdltatlon Sr~e Requested (100 Percen0
22 Total Federal 8rant ~'-~-t~ (Lines 20 & 21) 300, OOO
23 Grantee share :~ ,O00
24 Other shales
$ $ I$ 333,000
25 Total prelect (Lilies 22, 23 & 241
DEPARTMENT OF TRANSPORTATION FEDERAl. AVIATION ADMINISTRATION
SECTION C - EXCLUSIONS
$
r
SECTION D - PROPOSED METHOD OF PINANCING NON.FEDERAL SHARE
27 Grantee Sha~ ~
a Securities
b MmtgaBes
c Appropnabons(By Apphcant) 33,000
d Bonds
e Tax Lewes
f Non Cash
I~ 0thel (Explain)
h TOTAL - Grantee share
28 Other Shares
a State
b Other
c Total Other Share,s
29 TOTAL 33,000
SECTION E - REMARKS
For Pro~jecC Narrative, See Preappl~caCion
PART IV PROGRAM NARRATIVE (Attach - See Instruchons)
FAA From 5100 100 lo-?al aupeRsEo[s FAA FORM 6100-10 PAGES I THRU 7 Page
2767L
RESOLUTION NO. ~_~_~
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.,
expires September 30, 1989, NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON.
SECTION I. That Dr. Lindsay Keffer is hereby reappointed to
Place 6 on the Board of Directors of the North Texas Higher
Education Authority, Inc. for a term to begin October 1, 1989 and
last through September 30, 1991.
SECTION II. That Mr. Jay Anderson is hereby appointed to
Place 8 on the Board of Directors of the North Texas Higher
Education Authority, Inc. for a term to begin October 1, 1989 and
last through September 30, 1991.
SECTION III. That Mr. James Brock is hereby reappointed to
Place 9 on the Board of Directors of the North Texas Higher
Education Authority, Inc. for a term to begin October 1, 1989 and
last through September 30, 1991.
SECTION IV. That this resolution shall become effective from
and after its date of passage.
PASSED AND APPROVED this the ~ day of~, 1989
ATTEST:
Jennifer Walters, City ~eere y
APPROVED AS TO LEGAL FORM:
DEBRAADAMI DRAYOVITCH, CITY ATTORNEY
STATE OF TEXAS
OFFICE Of THE GOVERNOR
AUSTIN TEXAS 78711
~U~ 2 8 lgsg
WlL[.IA~I P C[.EI~I~NT$~ .JR
GOVERNOR
Mr Lloyd Harrell
City Manager, City of Denton
215 East McKinney
Denton, Texas 76201
Dear Mr. Harrelll
It is my pleasure to inform you that your grant has been apprpv~d
to improve public safety in your community. The grant, entitlea
"Project DARE," is for $44,304.
This grant award must be accepted within 30 days of the award date
by the execution and return of the enclosed Grantee Acceptance
Notice in the pre-addressed envelope provided. Copies of the packet,
along with technical informatIon and administrative requlrements, are
being sent separately to the project director and financial officer
designated in your grant application.
Please call the Criminal Justice DivisIon at (512) 463-1919 if you
have any questions concerning the administration of this grant.
We stand ready at all times to do everything we can to help you
make your program a successful one.
Sincerely,
Enclosures
cc ~ Lt. Paul Abbott
Mr. John McGrane
Mr. Rider Scott
Executive Director
Criminal Justice Division
2782L
RESOLUTION NO. ~
A RESOLUTION ACCEPTING A GRANT FROM THE CRIMINAL JUSTICE DIVISION
OF THE GOVERNOR'S OFFICE FOR EMPLOYMENT OF A POLICE OFFICER TO
TEACH DRUG ABUSE RESISTANCE EDUCATION, AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND THE
GOVERNOR OF THE STATE OF TEXAS FOR SAID GRANT, AND PROVIDING FOR
AN EFFECTIVE DATE.
THE cOUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I. That the City hereby accepts the Grant from the
Criminal Justice Division of the Governor's Office for the
employment of a peace officer to teach Drug Abuse Resistance
Education and related expenses.
SECTION II. That the City Manager is hereby authorized to
execute a contract between the City and the Governor's Ofiice for
accept ce of the Grant, a copy of which is attached hereto and
incorporated by reference herein.
SECTION III. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the /9~day of~. , ,
1989.
ATTEST.
Jennifer Walters, Cit~ Sedretafy
APPROVED AS TO LEGAL FORM:
DEBRAA. DRAYOVITCH, CITY ATTORNEY
Wllha.l P Cleg~tents, Jr ~.? ~; Cmmmal JusUue D~v~s~on
Governor ' ' R~der Scott, Executive Director
STATEMENT OF GRANT AWARD
GRANTEE GRANT NUMBER
Clty of Denton SF-90-C14-3006
PROJECT TITLE GRANT PERIOD
Project DARE/1 09/01/89 - 08/31/90
Amount of Award Grantee Matching
Contrlbut ion
State $44,304 Federal $0 Total $44,304 $2,507
The approved budget is as reflected in the attached Digest of Grant Application The
grant is subject to and conditioned upon acceptance of the standard grant conditions,
special conditions noted below, rules for administration of grants, and the CJD FInan-
cial and Administrative Req~/irements (p~bl~shed in the Catalog of Program Information),
provided with the application kit Total project costs must be accounted for in accord-
ance with the Uniform Grant and Contract Management Standards issued by the Governor's
Office The grant is administered through the Criminal Justice Division, and you may
address specific questions to Office of the Governor
Criminal Justice Division
P O Box 12428, Austin, Texas 78711
Phone (512) 463-1919
GRANTEE REQUEST FOR FUNDS
Grantee shall request funds on a monthly basis for awards greater than $10,000, and on a
quarterly basis for awards of $10,000 or less Copies of ~nvolces will be submitted
with requests for funds for equipment purchase and construction costs
FUTURE SUPPORT
Approval of the above entitled and numbered grant does not commit the Governor's Office
to future funding Any future funding shall be determined by the state plan under which
application may be made, all applicable policies and procedures promulgated by the
Governor's Office, Criminal Justice Division, and the approprIation of funds
GRANT ADJUS~NTS
Grantee shall submit written requests for grant ad]ustments, as required by Crnnlnal
Justice Rule No 3 65, provided with the grant application kit
1 Special Condition attached
a Property Management Standards.
2 Reference Motes attached.
Award Date WllllamGovernor P Clements, Jr ~
OFFICE O HE GOVERNOR, CRIMINAL JUSTICE ~ ISION
DIGEST OF GRAN~ APPLICATION
REGION NUMBER PROGRAM CATEGORY
0400 C14
APPLICANT SEQUENCE NUMBER
Clty of Denton 0409
PROJECT TITLE PROJECT PERIOD
Project DARE/1 09/01/89 - 08/31/90
AMOUNT RECOMMENDED
State $44,304 Federal $0 Amount Requested $50,445
DESCRIPTION
Thms project will provide funding to the City of Denton for a full-time D A R E
offmcer to teach the Project D A.R E drug abuse prevention course mn the Denton
Independent School District The course will be taught to an estimated 756
elementary school students and will include weekly classes for one semester (17
weeks) Before teaching the course, officers assigned to the project will be
required to complete an approved training course mn the use of the Project
D A R E curriculum D A.R E is an acronym for Drug Abuse Resmstance Education,
developed and copyrighted by the Los Angeles Unified School Dlstrmct and the Los
Angeles Police Department The program includes strategies for saymng "no" to
drugs and resisting peer pressure to use drugs, for ~mprovmng self-esteem and
self-assertiveness, and for managing stress without taking drugs Also, the
currmculum teaches a decision-making process, after which students are presented
factual information about drug and alcohol use, followed by exercises in using the
skllls they have learned
CJ Support Grantee Total
Federal Cash Cash
and State ContrLbutmon Pro]ect
A Personnel $36,400 $36,400
B Professional & Contract Services
C Travel 2,750 750 3,500
D Equipment 1,757 1,757 3,514
E Constr~ctlon
F Supplies & Direct Operating Exp 1,700 1,700
G Indirect Cost 1,697 1,697
H TOTAL $44,304 $2,507 $46,811
A PersonDel
D A R E officer $26,666 plus fringe benefits $9,734
C Travel.
Local mileage (8,000 miles at 25 cents per mmle) by officer $2,000, and
out-of-state travel for officer to attend D A R E Certification training course
$1,500
D Equipment
Desk $286, desk chair $220, desk side chairs $238, file cabinet $220, computer
system $2,200, computer table $200, calculator $84, and tape recorder $66
F Supplies & Direct O~erating Expense.
D A R E Workbooks $1,000, and D.A R E Certlfmcates $700
G Indlreot Cost
In accordance wmth CJD's Indmrect Cost Computation Table
Specmal Cond~tmon
PROPERTY MAN~GEM~NT STANDARDS
1 Criminal Justice Division grantees shall use their own property
management procedures and standards. Property management systems
shall Include the provision of OMB Circular A-102, Attachment N,
Property Management Standards Grantees shall comply with all
applicable state and local laws and regulations
2. Property management systems should cover the acquisition, use,
disposition, and replacement of all equipment
A. Acqulsltion -- Grantees are required to be prudent in the
acquisition of equipment. Careful screening should take place
to insure that proposed equipment is necessary and that the
need cannot be met with equipment already in the possession
of the grantee.
(1) Grantees should be aware that the cost associated with
the acquisition of equipment may be disallowed if a
determination is made that the equipment purchased was
unnecessary for the successful execution of the grant
project.
(2) Grantees should maintain property records on equipment
purchased in whole or in part with CJD funds These
property records are to be made a part of the official
grant records and must be available for review by
authorized personnel.
(3) Grant records should contain copies of the purchase order
and invoice.
B. Use -- During the time that equipment purchased with CJD funds
is used for the project purpose, the following minimum
property management standards must be met
(1) Property records shall be maintained accurately and an
inventory listing should Include
a. a description of the property
b. manufacturer's serial number, model number, or
identification number
c. acquisition date
d. location and condition of the property
e. total acquisition cost
1. CJD funds
2. Grantee's cash match funds
SC#9, FY '90
Reissued 4/10/89
(2) A physical inventory of property shall be taken and the
results reconciled with the property records at least
once every two years Any d~fferences between quantltles
determined by the~phys~cal lnspectlon and those shown an
the accounting records shall be investigated to determlne
the causes of the difference The grantee shall, ~n
connectlon with the inventory, verify the existence,
current utilization, and continued need for the property.
(3) A control system shall be in effect to insure adequate
safeguards to prevent loss, damage, or theft of the
property Any loss, damage or theft of nonexpendable
property shall be investigated and fully documented. In
the event of loss, damage, or theft, the Crlmlnal Justlce
Dlvlslon shall be promptly notlfled.
(4) Adequate maintenance procedures shall be implemented to
keep the property an good condition.
C Disposition -- The following procedures relate to the
dlsposltlon of equipment.
(1) At the termlnatlon of the grant perlod, the grantee shall
submit an ~nventory report as an attachment to the final
expendlture report. The total cost of the inventory
should reconclle to the total amount reported in the
equipment category of the final expenditure report The
· nventory forms furnished by CJD should be used for the
report. Grantees should also include recommendations as
to the future use and d~spos~tlon of the equipment
(2) Upon receipt of the above Inventory report, the Criminal
Justice D~vls~on w~ll advlse the grantee w~thln 90 days
as to the determination regarding the future use of the
equipment.
a. The grantee may be permitted to retaln the
equlpment. In this lnstance, the grantee must
provide written assurance that the equlpment will
be used in the criminal ]ustlce system ~n a manner
consistent w~th objectives authorized by the CJD.
However, ~f the reclpient of the above equipment
should later discover that any of the items are no
longer necessary to accompllsh the law enforcement
objectives of the agency, CJD approval should be
obtained prior to the choosing of alternative uses
or locations for the equipment.
b. The equipment may be transferred to other CJD
grantees needing the property provlded that the
benefltlng agency makes the written assurances as
provided for above and reimburses the grantee for
its share of the equipment.
SC#9, FY '90
Reissued 4/10/89 2
(3) If it ls determined that a recipient of equipment costing in excess
of ,$1,000 has no further need for the equipment in any of the grant
programs, pro3ects, or criminal ]ustlce activities, the CJD will
make one of the following d~termlnatlons.
, a. The CJD may permit the grantee to retain the
property for other uses provided compensation is
made to the CJD. The amount of compensation will
be computed by applying the percentage of CJD
participation in the grant program to the current
fair market value of the property.
b. The CJD may instruct the grantee to ship the
property elsewhere. The grantee w~ll be reimbursed
by the benefiting agency with an amount which is
computed by applying the percentage of the grantee's
participation in the grant program to the fair
market value of the property.
c. The CJD may instruct the grantee to sell the
property and reimburse the CJD for its share of the
equipment.
(4) A biennial equipment inventory is required on equipment
with a unit cost in excess of $1,000. This requirement
is applicable beginning two years after the completion
of the grant period and should be retained by the grantee
for audit purposes.
D. Replacement of P&lliil~ent -- When an item of equipment with an
acquisition cost of $1,000 or more is no longer efficient or
serviceable but the grantee continues to need the equipment
in its criminal justice activities, the recipient may replace
the property through trade-in or sale and purchase of new
property, provided the following requirements are met.
(1) Grantees must obtain the written permission of CJD to use
the provisions of this section prior to entering into the
negotiation for the replacement or trade-In of equipment.
(2) Value credited for the property, if the property is a
trade-in, must be related to its fair market value
(3) The equipment must be purchased soon after the sale to
show that the sale and purchase are related.
(4) Replacement of equipment is not a disposition of such
equipment and CJD's interest in the equipment will be
transferred to the replacement equipment. The CJD share
of the replacement equipment shall be computed as
follows.
SC%9, FY '90
Reissued 4/10/89 3
a. The proceeds from the sale of the original property
or the amount credited for trade-in shall be
multiplied by the CJD share (percentage) to produce
a dollar amount.
b The percentage ratio of the dollar amount to the
total purchase price of the replacement property
shall be the CJD share of the replacement property
(5) The replacement equipment will be subject to the same
Instruction on use and disposition as the equipment which
is replaced.
(6) Replacement property must serve the same function as the
original property.
SC#9, FY '90
Reissued 4/10/89 4
Instructions for Completing
Property Inventory Form
1. The property Inventory form is to be filled out and attached to the
final CJD Expenditure and Status of Funds Report. It should be
typed or printed
SERIAL NUMBER
Manufacturer's serial number
3. GRA~Tw-~'S INVENTORY NUMBER
Inventory number assigned to this item on the grantee's own books.
4 TOTAL COST
Total actual cost of the item as invoiced. Do not use a budget
flgure unless it agrees with the invoice.
5 CJD FUNDS
This amount is that part of the total cost provided by the grantee.
6. G]~A~T~-~-'S MATCH FUNDS
This amount is that part of the total cost provided by the grantee.
7. DESCRIPTI(~
Describe as completely as possible the item within the space
permitted.
8. The total of all entries in the TOTAL COST column and in the CJD
F~NDS column must agree with the equipment expenditures reported
in the final Expenditure and Status of Funds Report.
SC#9, FY '90
Reissued 4/10/89
R~'~NCE NOTES
Grant ~unds associated with thzs grant, including both Criminal Justice Dlvls~on support and
required grantee contribution, must be accounted for under the Uniform Grant and Contract
Management Sta~dard~ as published by the Governor's Office and with CJD Flnancla~ and
Administrative Requirements (as published zn the Catalog of Program Information 1990 CrLmlnal
Justice Plan fo~ Texas), provided with the grant applzcatlon kit Included zn those standards
are Off~ce of Management and Budget (OMB) Clzcular No A-87, Cost Principles for State and Local
Governments, an~ Circular No A-102, Uniform Administrative Requirements for Grants-in-Aid to
State and Local Govsrnments, as referencad herein 'lq GRAN'It~ SHOULD GI¥~ SPECIAL A~-I'Y--NTION
TO THOSE R~'F~{ENCES BELOW WHICHARE CI~c~.F~ as they have particular significance to this grant
and may require supplemental information or documentation
t Automatic Data Processing Equipment OMB A-87, Attachment B, Item C 1
2 Building Space and Related Facilities OMB A-87 Attachment B, Item C 2
3 Insurance and Indemnification OMB A-87, Attachment B, Item C 4
4 Preagreement Costs OMB A-87, Attachment B, Item C 6
5 Proposal Costs OMB A-87 Attachment B, Item C 8
6 Professzonal and Contract Services OMB A-87 Attachment B, Item C 7 and
Financial and Adm~_nlstratlve Requirements
OMB A-87, Attachment B, Item B-10 and CJD
Compensation
for
Personal
Services
Financial and Administrative Requirements
Travel Expenses OMB A-87, Attachment B, Item B-28 and CJD
Employee's
Financial and Administrative Requirements
9 Audit OMB A-87, Attachment B, Item B-4 and CJD
Financial and Administrative Requirements
10 Program Income OMB A-102, Attachment E and CJD Financial
and Administrative Requirements
Procurement Standards OMB A-102, Attachment O and CJD Financial
and Administrative Requirements
12 Bonding and Insurance OMB A-102, Attachment B and CJD Financial
and Administrative Requirements
April 1989
Office of the ~lr",~
Governor ~ Criminal Justice Dlwmon
GRANTEE ACCEPTANCE NOTICE
AGREEMENT ~
That whereas ~C~ty off Denton
hereinafter referred to as Grantee, has heretofore submitted a grant apphcatlon to the Governor's Office,
State of Texas, entitled Project DARE/1
and further identified by grant number SF-90-C14-3006
Whereas, the Governor of the State of Texas has approved the grant apphcatlon as evidenced by the
Statement of Grant Award from the Governor's Office dated August 28, 19 $9
which contained certain special reqmrements
Whereas, the Grantee desires to accept the grant award, the Uniform Grant and Contract Management
Standards, and specml reqmrements as evidenced by the Statement of Grant Award.
Now, therefore, the Grantee accepts the aforementioned Statement of Grant Award, the Uniform Grant
and Contract Management Standards and special requirements in the grant application and the Statement of
Grant Award as evidenced by this agreement executed by the pr01ect director, fmancml officer, and the
offlcml authorized to sign the original grant application as presiding officer of and on behalf of the gnvernmg
body of this grantee.
Now, therefore, the Grantee shall designate either the project d~rector or financial officer to coordinate
and be solely responsible for submission of adiustments pertaining to both programs and financial elements of
the application, the position authorized to submit adjustments is
NON-LOBBYING CERTIFICATION
We, the undersigned, certify that none of the grant funds, regardless of tbetr source or character, including
local cash assumption of cost funds, shall be used In any manner to influence the outcome of any election or
the passage or defeat of any legislative measure.
A finding that a grantee has violated this certification shall result m the immediate termination of funding
of the project and the grantee shall not be ehgtble for future funding from the Governor's Office, Criminal
Justice Division
Cert ied By Date
Name & Title (ptease print or type) Name & Title (please prmt or type) F1 nance
Adminiscrat:ive L£eutenanl: 215 £. r~cKlnney
~ddress (street or post office box) Address (street or post office box)
T * /
r~-,~ 7~9f%1
~'of Authorized Offlcla~ /
Name & Title (please print or type)
215 ~ ~lcKlnney
Address (street or post office box)
Denton 76201 817-566-$306
City Zip Telephone No
2772L
RESOLUTION NO. ~
A RESOLUTION ACCEPTING A GRANT FROM THE CRIMINAL JUSTICE DIVISION
OF THE GOVERNOR'S OFFICE FOR EMPLOYMENT OF A CHILD ABUSE INVESTI-
GATOR, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
BETWEEN THE CITY OF DENTON AND THE GOVERNOR OF THE STATE OF TEXAS
FOR SAID GRANT, AND PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I. That the City hereby accepts the grant from the
Criminal Justice Division of the Governor's Office for the
employment of a child abuse investigator and related expenses.
SECTION II. That the City Manager is hereby authorized to
execute' a contract between the City and the Governor's Office for
acceptance of the Grant, a copy of which is attached hereto and
incorporated by reference herein.
SECTION III. That this resolution shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the /~day of~ .~~-~ ,
1989.
ATTEST:
Jennlfe'~ Walters, Citff
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
)ffice of the /~.~.~ C'nmmal Justice Dl~nslon
)overnot
GRANTEE ACCEPTANCE NOTICE
AG B. EI ~,MENT
That whereas- Clty of Denton
hereinafter referred to as Grantee, has heretofore submitted a I/~ant apphcatlon to the Governor's Office,
$~ate of Texas, entitled Chlld Abuse Invest~tor/1
and further identified by ~an~ number SF-90-B03-3137
Whereas, the Governor of ~he Sta6e of Texas ~s approved the ~ant apph~t~on as ewdenced by the
Statement of Grant Awed from the Governor's Office da~ed ~lJ~ P ~ ~
which contained certain sp~cml requgements
Whereas, the Grantee desge~ to accept the gant aw~, the UnSorm 8rant ~d Contract Management
Stand.ds, and specml ~equgements as evidenced by the Statement of Grant Awar~
Now, therefore, the ~rantee accepts the aforementioned Statement of Grant Aw~d~ the ~fform Grant
and Contract Management Stan~ds and specml requgements m the ~ant apphcatwn and the S~tement of
Gran~ Awed as e~ldenced by this a~eem~nt execated by the project dg~c~or, financial offlcer~ and the
official authorized ~o si~ the On.hal ~ant apphcatwn as presiding officer of and on ~half of the governing
body of th~s ~an~ee
~ow, t~erefor~, the ~tee shall desk.ate e~t5er ~he project dgector or fmancml officer to coord~te
and be solely responsible for submission o~ adjustments pe~tam~q to both pro.ams and fmancml elements of
~he apphcat~on, tile position authorized to submit adjustments is __
NON LOBBYING CERTIFICATION ~
We, ~he unders~ed~ certify that none of the ~ant funds, reg~dless of theg source or ch~acter~ including
local cash assu~ptIon Of cost fu~ds~ shall bs used in any ma~e~ to ~e~ce ~he outcome of ~y electlo~ o~
the pa~ge or defeat oil any leg~sht~s meas~
A finding tha~ a ~antee has violated this cert~mahon~sh~ll resul~ m t~e ~mmedmte termination of funding
of the pro~ect and ~he ~an~ee sh~ll no~ 5e eh~l~ for tut~e fund~g from t~e 6o~ernor's Office, Criminal
Justice D~ws~on
~a[ure of ~manc~l Officer ~
B~11 Cum~ng~ Captai~t C.I D. John F. McGrane, Executive O~rect0r of
Name & T~tle (please print or type) Name ~ Txtle (please print or type) F1 nance
121 ~ort5 ~1~ ~15 E McK~nnev
Ad.ess (street or pos~ office box) Ad.ess (street or post office ~x)
Denton ~6201 (Bl~) 566-8162 ~ Denton 76201 817-566-8320
'-~e bf Aut~6r~ed Officml t
Lloyd V Harrell, C~ty ManaDer
Name & T)tle (please print or type)
215 E. McK~nney
Address (street or post office box)
Denton 76201 817-566-8306
OFFICE THE GOVERNOR, CRIMINAL JUSTICE VISION
DIGEST OF GRANT APPLICATION
REGION NUMBER PROGRAM CATEGORY
0%00 B03
APPLICD~NT SEQUENCE NUMBER
Clty of Denton ~359
PROJECT TITLE PROJECT PERIOD
Child Abuse Investigator/1 10/01/89 to 09/30/90
AMOUNT RECOMMENDED
State $50,173 Federal $0 Amount Requested $50,173
DESCRIPTION
This special law enforcement unit will deal specifically with child abuse
offenses With an officer assigned full time to child abuse offenses, it is
expected that this agency can increase the investigations by 35% This police
department will coordinate investigative efforts with Child Protective Services
and Denton County D~strlct Attorney's office This special law enforcement unit
will be Involved specifically in the ~nvestlgat~on of child duse offenses Th~s
unit will be responsible for follow-up on 100 cases, making 33 felony arrests and
clearing 72 cases
CJ Support Grantee Total
Federal Cash Cash
and State Contribution Project
A Personnel $36,400 $36,400
B Professional ~ Contract Bervlces 3,600 3,600
C Travel
D Equipment 3,703 3,703 7,406
E Construction
F Supplies & Direct Operating F~ 4,610 4,610
G Indirect Cost 1,860 1,860
H TOTAL $50,173 $3,703 $53,876
A Personnel'
Child abuse lnvestlgator $26,666, plus fringe benefits of $9,734
B Professional & Contract Services
Medical examlnatlons for the children vlct3-mlzed $3,600
D Equipment
Desk $286, chalr $220, side chair $238, file cabinet $220, computer table $300,
calculator $84; tape recorder $66, ¥CR camera/recorder $1,556, camera lights $166,
tripod $110, dolls $194, 35~ c~era/lens $618, camera flach $t26, camera case
$22, computer s~ste~a and software $3,200
F Supplies & Direct Operating E~nse
Vehicle maintenance an6 operation $4,000, film $96, video tapes $73, office
supplies $400, and recordlng tapes $41
G Indirect Cost
In accordance wlth CJD's Indirect Cost Computation Table
07/06/89 Sequence No 0359 12 33 33
R~m'~n~NCE NOTES
Grant funds associated with this grant, including both Crlm3~nal Justice Division support and
required grantee contribution, must be accounted for under the Uniform Grant and Contract
Management Standards as published by the Governor's Office and with CJD Financial and
Administrative Requirements (as published in the Catalo~of Pro,ram Information 1990 Criminal
Justice Plan foF Texas), provided with the grant application kit Included in those standards
are Office of Management and Budget (OMB) Cllcular No A-87, Cost Principles for State and Local
Governments, and Circular No A-102, Uniform Admlnlstratlve Requirements for Grants-~n-AAd to
State and Local Governments, as referenced herein .£~ GRAN'?KK SHOULD GI¥~ SPECTAL ATTENTION
TO THOSE Pd/~'EkENCES BELOW WHICHARE CIRCr.~ as they have particular slgnlflcance to this grant
and may require supplemental Information or documentation
1 Automatic Data Processing Ec~lpment 0M~ A-87, Attachment B, Item C 1
2 Building Space and Related Facilities OMB A-87, Attachment B, Item C 2
3 Insurance and Indemnification OMB A-87, Attachment B, Item C 4
4 Preagreement Costs OMB A-87, Attachment B, Item C 6
5 Proposal Costs OMB A-87, Attachment B, Item C 8
Professional and Contract Services OMB A-87, Attachment B, Item C 7 and CJD
FinancIal and Admo_nlstratlve Requirements
7~ Compensation for Personal Services OMB A-87, Attachment B, Item B-10 and CJD
Financial and Administrative Requirements
8 Employee's Travel Expenses OMB A-87, Attachment B, Item B-28 and CJD
Financial and Admlnmstratlve Requmrements
9 Audmt OMB A-87 Attachment B, Item B-4 and CJD
Financial and Administrative Requirements
10 Program Income OMB A-102, Attactur~nt E and CJD Financial
and Administrative Requlre~ents
1~ Procurement Standards OMB A-102, Attachment 0 and CJD FinancIal
and Administrative Requirements
12 Bonding and Insurance OMB A-102, Attachment B and COD FLnanclal
and Administrative Requirements
April 1989
Instructions for Completing
Property Inventory Form
1. The property inventory form is to be filled out and attached to the
final CJD Expenditure and Status of Funds Report. It should be
typed or printed.
2. SERIAL NUMBER
Manufacturer' s serial number
3. GRA~T~.R'S INVENTORY NUMBER
Inventory number assigned to this item on the grantee's own books
4. TOTAL CO~T
Total actual cost of the item as invoiced. Do not use a budget
figure unless it agrees with the invoice.
5. CJDFUNDS
This amount is that part of the total cost provided by the grantee
6. Gp3~T~E'SI~ATCHFUNDS
Thls amount is that part of the total cost provided by the grantee.
7 DP~CRIPTIG~I
Describe as completely as possible the item within the space
pe~rmltted.
8. The total of all entries in the TOTAL COST column and in the CJD
F%~TDS column must agree with the equipment expenditures reported
in the final Expenditure and Status of Funds Report.
SC#9, FY '90
Reissued 4/10/89
(2) A physical ~nve~tor~ of property shall be taken and the
results reconciled with the property records at least
once every two years Any dlfferences between quantities
determined by the, physical inspection and those shown in
the accounting records shall be investigated to determine
the causes of the difference The grantee shall,
connection with the ~nventory, verify the existence,
current utilization, and continued need for the property
(3) A control system shall be in effect to insure adequate
safeguards to prevent loss, damage, or theft of the
property. Any loss, damage or theft of nonexpendable
property shall be ~nvest~gated and fully documented. In
the event of loss, damage, or theft, the Criminal Justice
D~vls~on shall be promptly notlfled.
(4) Adequate maintenance procedures shall be implemented to
keep the property in good condition
C. Disposition -- The following procedures relate to the
disposition of equipment.
(1) At the termination of the grant period, the grantee shall
submit an inventory report as an attachment to the final
expenditure report. The total cost of the inventory
should reconcile to the total amount reported in the
equipment category of the f~nal expenditure report. The
Inventory forms furnished by CJD should be used for the
report. Grantees should also include recommendations as
to the future use and disposition of the equipment
(2) Upon recelpt of the above inventory report, the Criminal
Ju ~ce Dlvlslon will advise the grantee within 90 days
as ~ the determination regarding the future use of the
eq pment.
a. The grantee may be permitted to retain the
equipment. In th~s ~nstance, the grantee must
provide written assurance that the equipment will
be used in the criminal justice system in a manner
consistent w~th objectives authorized by the CJD.
However, if the recipient of the above equipment
should later discover that any of the items are no
longer necessary to accomplish the law enforcement
objectives of the agency, CJD approval should be
obtained prior to the choosing of alternative uses
or locations for the equipment.
b. The equipment may be transferred to other CJD
grantees needing the property provided that the
benefiting agency makes the written assurances as
provided for above and reimburses the grantee for
1ts share of the equipment
SC#9, FY '90
Reissued 4/10/89 2
Special Condition
PROPERTY MANAGE~T STANDARDS
1 Criminal Justice Division grantees shall use their own property
management procedures and standards. Property management systems
shall include the provision of OMB Circular A-102, Attachment N,
Property Management Standards. Grantees shall comply with all
applicable state and local laws and regulations.
2. Property management systems should cover the acquisition, use,
disposition, and replacement of all equipment.
A. Acquisition -- Grantees are required to be prudent in the
acquisition of equipment Careful screening should take place
to insure that proposed equipment is necessary and that the
need cannot be met with equil~nent already in the possession
of the grantee.
(1) Grantees should be aware that the cost associated with
the acquisition of equipment may be disallowed if a
determination is made that the equipment purchased was
unnecessary for the successful execution of the grant
project
(2) Grantees should maintain property records on equipment
purchased in whole or in part with CJD funds These
property records are to be made a part of the official
grant records and must be available for review by
authorized personnel.
(3) Grant records should contain copies of the purchase order
and invoice.
B. Use -- During the time that equipment purchased with CJD funds
is used for the project purpose, the following minimum
property management standards must be met
(1) Property records shall be maintained accurately and an
Inventory listing should include
a. a description of the property
b. manufacturer's serial number, model number, or
identification number
c. acql~lsltlon date
d. location and condition of the property
e total acquisition cost
1 CJD funds
'~'~ Grantee's cash match funds
SC~9, FY '90
Reissued 4/10/89 1
(3) If.lt is determined that a recipient of equipment costing in excess
of $1,000 has no further need for the equipment in any of the grant
programs, projects, or criminal ~ustlce activities, the CJD will
make one of the followlng determlnatlons
a. The CJD may permit the grantee to retain the
property for other uses provided compensation is
made to the CJD. The amount of compensation will
be computed by applying the percentage of CJD
participation in the grant program to the current
fair market value of the property.
b. The CJD may instruct the grantee to ship the
property elsewhere. The grantee w:ll be reimbursed
by the benefiting agency with an amount which is
computed by applying the percentage of the grantee's
particlpatlon ~n the grant program to the fair
market value of the property.
c. The CJD may instruct the grantee to sell the
property and reimburse the CJD for Its share of the
equipment.
(4) A biennial equipment inventory is required on equipment
with a unit cost in excess of $1,000. This requirement
· s appllcable beginning two years after the completion
of the grant period and should be retained by the grantee
for audit purposes.
D. Replacement of Ec/u~D~ent -- When an Item of equipment with an
acqn/isitlon cost of $1,000 or more is no longer efficient or
servlceable but the grantee continues to need the equipment
in its criminal justice activities, the reclplent may replace
the property through trade-in or sale and purchase of new
property, provided the following requirements are met.
(1) Grantees must obtain the written permission of CJD to use
the provisions of this section prior to entering into the
negotiation for the replacement or trade-in of equipment
(2) Value credited for the property, if the property is a
trade-in, must be related to zts fair market value.
(3) The equipment must be purchased soon after the sale to
show that the sale and purchase are related.
(4) Replacement of equipment is not a dlsposztlon of such
equipment and CJD's interest in the equipment will be
transferred to the replacement equipment. The CJD share
of the replacement equipment shall be computed as
follows:
SC%9, FY '90
Rezssued 4/10/89 3
a. The proceeds from the sale of the original property
or the amount credited for trade-in shall be
multiplied by the CJD share (percentage) to produce
a dollar amount.
b. The percentage ratlo of the dollar amount to the
total purchase price of the replacement property
shall be the CJD share of the replacement property.
(5) The replacement equlpment will be subject to the same
instruction on use and d~sposltlon as the equipment which
·s replaced.
(6) Replacement property must serve the same function as the
original property.
SC#9, FY '90
Reissued 4/10/89 4
Wdham P Clements, Jr ~ g Criminal JusUce D~ws~on
Governor ~ ' R~der Scott, ExecuUve D~rector
STATEMENT OF GRANT AWARD
GRANTEE GRANT NUMBER
City of Denton SF-90-B03-3137
PROJECT TITLE GRANT PERIOD
Child Abuse Investigator/1 10/01/89 - 09/30/90
Amount of Award Grantee Matching
Contribution
State $50,173 Federal $0 Total $50,173 $3,703
The approved budget is as reflected in the attached Digest of Grant Application The
grant is subject to and conditioned upon acceptance of the standard grant conditions,
special condltlons noted below, rules for admlnlstratlon of grants, and the CJD Finan-
cial and Administrative Requirements (published in the Catalo~ of Pro,ram Information),
provided with the application klt Total project costs must be accounted for in accord-
ance with the Uniform Grant and Contract Management Standards issued by the Governor's
Office The grant ls admlnlstered through the Criminal Justlce D~vlslon, and you may
address specific questions to Offlce of the Governor
CrLmlnal Justice Division
P O Box 12428, Austin, Texas 78711
Phone (512) 463-1919
GRANTEE REg~ST FOR FUNDS
Grantee shall request funds on a monthly basis for awards greater than $10,000, and on a
quarterly basis for awards of $10,000 or less Copies of invoices will be submitted
with requests for funds for equipment purchase and construction costs
FUTURE SUPPORT
Approval of the above entitled and numbered grant does not com~lt the Governor's Office
to future funding Any future funding shall be determined by the state plan under which
application may be made, all applicable policies and procedures promulgated by the
Governor's Office, Criminal Justice Dlvlsion, and the appropriatIon of funds
GP~_NTADJUS~ENTS
Grantee shall submit written requests for grant adjustments, as required by Criminal
Justice Rule No 3 65, provided with the grant application kit
1 Special Condition attached
a Property Management Standards
2 Reference Notes attached
Award Date Will,am
Governor
2773L
RESOLUTION NO. ~
A RESOLUTION AUTHORIZING A TRAFFIC LIGHT SYNCHRONIZATION PROGRAM
GRANT APPLICATION TO PROMOTE THE CONSERVATION OF ENERGY RESOURCES,
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton recognizes that it is in the
interest of the national economy to promote the conservation of
energy resources and to reduce our nation's dependence on costly
foreign oil, and,
WHEREAS, the retiming of signals by the City of Denton will
provide benefits to the local community in the form of improved
traffic flow, reduced fuel consumption, reduced vehicle operating
costs, reduced air pollutant emissions, and improved safety due to
smoother traffic flow, and
WHEREAS, funds have been established and are available through
the State Department of Highways and Public Transportation
for grants to local governments for traffic signal retiming
projects, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES.
SECTION I. That the City Council of the City of Denton
authorizes the submission of an application to the State
Department of Highways and Public Transportation for a Traffic
Light Synchronization grant and, if the application is selected
for funding, the City Manager of the City of Denton is hereby
authorized and empowered to execute in the name of the City of
Denton all necessary applications, contracts, and agreements to
implement and carry out the purposes specified in this resolution.
PASSED AND APPROVED this the /9 day of~,
1989.
Ray St~ens, ~Mayor
ATTEST:
J~nnif~ Walters, Cit~'
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
Contract Number 580TLF6174
TRAFFIC LIGHT SYNCHRONIZATION
GRANT AGREEMENT
THE STATE OF TEXAS **
THE COUNTY OF TRAVIS **
THIS CONTRACT IS MADE BY AND BETWEEN THE STATE OF TEXAS,
acting by and through the Stats Department of H~ghways and Pubhc Transportation,
hereinafter called the Stats and the Cit~ of Denton , acUng
by and through its duly authorized officers, hereinafter called the Local Government
WITNESSETH
WHEREAS, Article 4413(56), Texas Clwl Statutss, declares that the Office of the
Governor may designate Stats agencies to superwse, manage or admmmtsr the ~mple-
mentat, on of a grant program financed under the OH Overcharge Rest, tutionary Act
(Art 4413(56)), and,
WHEREAS, pursuant to Article 4413(56), the Stats Department of H~ghways and
Pubhc Transportation subm~ttsd a proposed grant program, here~naftsr called Traffic
Light Synchron, zation, or TLS, designed to increase energy efficiency in the movement
of traffic, and the Office of the Governor d~d approve the proposed program, and s~gn~-
fled ~ts approval by contract executsd between the State Department of H~ghways and
Pubhc Transportation and the Office of the Governor datsd 3.ne l~ 19s9 , and,
WHEREAS, the Local Government subm~ttsd a grant apphcat, on to the State describ-
ing a plan to re-Ume a set of traffic signals m accordance w~th the State's instructions,
and the grant application was approved by the State and the project described thereto
was selected for financial asmstance, and,
WHEREAS, ~t ~s the desire of the Local Government to enter ~nto th~s grant agreement
for financial assistance for the project described m the grant apphcation m order to
,ncrease energy efficiency in the movement of traffic
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements ofthe parties hereto, the Stats and the Local Government do mutually
agree as follows
Pagelof7
AGREEMENT
Article 1. Contract Period
This contract becomes effecfave on the date on which the final signature ~s added, the
final s~gnature being that of the party whose slgmng makes the contract fully exe-
cuted by all parfaes hereto The contract shall terminate twelve months from that date,
unless terminated or modified as hereinafter prowded
Arfacle 2. Contract Amount
The mag,m~m amount payable to the Local Government under thls contract shall not
exceed $ 137,470.54 . This amount consfatutes not more than 75% of
the total projectcostof$ 49,960 72
The amount may be increased only if the State approves a request for addit~onal
funding submitted by the Local Government, ifaddifaonal funds are available Any
such increase must be authorized m a written amendment to this contract
Article 3. Project Description
Depending upon the avallabihty of funds, the Local Government shall commence and
complete a project prowdmg for the re-faming of traffic s~gnals w~thm ~ts jurlsdlcfaon
The project is fully described in the grant apphcat~on, attached hereto and labeled
Attachment A The Local Government shall not perform any acfavity under th~s con-
tract except as described in said Attachment A Additional acfawty under th~s contract
must be authorized m a written amendment s~gned by the parfaes hereto m which the
mo&ficat~ons or ad&faons to the project are fully described
The Local Government agrees to dehver the following products to the State m accord-
ance w~th the apphcation
· A'~efore" field evaluafaon report
· Documentafaon of the ~mplementafaon of the new faming plans
An "after" field evaluafaon report
Failure to deliver the products as specified m the apphcafaon may result m termlnafaon
of th~s agreement as provided hereinafter
Article 4. Compensation
All payments made hereunder w,ll be made m accordance w~th the Approved Project
Budget included in Attachment A To be eligible for reimbursement under th~s con-
tract, a cost must be recurred within the contract period specified in Arfacle 1 above and
be authorized in the Approved Project Budget included in Attachment A
Payment of costs incurred under th~s contract is further governed by the cost principles
outlined m 48 CFR 1-31, (Federal Acqms~faon Regulafaons)
The Local Government agrees to submit monthly requests for reimbursement, using
b~lhng statements acceptable to the State The original bllhng statement and one
copy Is to be submitted to the State's D~strlct Office, at the address specified on the
s~gnature page of this agreement
Page 2 of 7
Article 4. Compensation (cont.)
The State will exercise good faith effort to make payments w~thin thirty days of receipt
of properly prepared and documented requests for reimbursement All payments,
however, are contingent upon the ava~lablhty of appropriated funds
Article 5. Contract Amendments
The Local Government may request ad&tional funds for ad&tional tasks to be
performed under th~s contract, and ~fthe request ~sjustified by the Local Government
and the State detenmnes that the request ~s beneficml to the State and the Local
Government and to the purpose of the grant, a written amendment is to be executed to
authorlze,adchtional tasks and additional funds, ff ad&tional funds are available
The amendment shall be agreed upon by the State and Local Government Any such
amendment shall be made before the termination of the contract as specified m
Article 1. The Local Government can undertake at its own expense any activities
associated with the approved project, but those additional activities w~ll not be ehg~ble
for reimbursement by the State.
Article 6. Inspection of Work
The State shall have the right at all reasonable times to respect or otherwise evaluate
the work performed on being performed hereunder and the prem~zes in which ~t ~s being
performed If any inspection or evaluation is made on the premises of the Local
Government or subcontractor, the Local Government shall provide and reqmre h~s
subcontractor to prowde all reasonable fac~hties and assistance for the safety and
convemence of the inspectors m the performance of their duties All inspections and
evaluations shall be performed in such a manner as w~ll not unduly delay the work
Article 7. Disputes and Remedies
The Local Government shall be responsible for the settlement of all contractual and
administrative issues arising out of procurements entered in support of contract work
D~sputes concermng performance or payment shall be submitted to the State for
settlement w~th the Enlpneer-D~rector of the State Department of H~ghways and Public
Transportation acting as referee.
Th~s agreement shall not be considered as specifying the exclusive remedy for any
dispute or wolation or breach of contract terms, but all reme&es emsting at law and
in equity may be availed orby e~ther party and shall be cumulative
Article 8. Records
The Local Government agrees to maintain all books, documents, papers, accounting
records, and other ewdence pertaining to costs recurred and work performed hereunder
and shall make such materials available at its office during the contract period and
for three years from the date of the final performance report under the contract Such
materials shall be made available during the specified period for inspection by the State
for the purpose of making au&ts, examinations, excerpts, and transcriptions
Page3of7
Article 9, Reporting
The Local Government shall promptly advise the State in writing of events which have
a mgmficant impact upon the contract, including
· Problems, delays, or adverse conditions which will materially affect the ability to
attain program objectives, prevent the meeting of time schedules or objectives, or pre-
clude the attainment of project work units by estabhshed t~me periods This disclosure
shall be accompanied by a statement of the action taken, or contemplated, and any
State assistance needed to resolve the mtuation
· Favorable developments or events that enable meeting time schedules and objec-
tives sooner than anticipated or producing more work units than originally projected
Article 10. Audit
This contract shall be subject to audit for a three-year period from the date of the final
financial report
Article 11. Subcontracts
Any subcontract for professional service rendered by individuals or organizations not
a part of the Local Government's organization shall not be executed without prior
authorization by the State. Subcontracts shall contain all required provisions of this
contract No subcontract will rebeve the Local Government of its responsiblhty under
th~s contract
Article 12. Termination
· For Cause' Insufficient Funding
The State,may terminate this contract at any time before the date of completion when-
ever it is determined that sufficient funds are not available to reimburse its share of the
cost of the project The State shall give written notice to the Local Government at least
seven days prior to the effective date of termination, specifying the date of termination
The State shall compensate the Local Government for those ehg~ble costs incurred
during the contract period up through the time of termination The Local Government
shall not incur new obligations for the terminated portion after the effective date of
termination
· For Cause' Nonperformance
The State may terminate this contract at any time before the date of completion if it
determines that the Local Government has fatled to comply with the conditions of the
contract The State shall give written notice to the Local Government at least seven
days prior to the effective date ofternnnation and specify the effective date of ternn-
nation and the reason for termination
The State shall compensate the Local Government for those ehg~ble costs incurred
during the contract per~od which are directly attributable to the completed portion
of the project covered by this contract, provided that the work has been completed in
a manner satisfactory to the State The Local Government shall not recur new obbga-
tions for the terminated portion after the effective date of termination
Page 4 of 7
Traffic Light Sychronization Program
Contract Requirements (cont)
Compensation Payments will be governed by the approved project budget and
cont. federal cost principles established in 48 CFR 1131 (Federal
Acquisition Regulations).
Payments The city is to use two forms when requesting payments under the
grant The Request for Reimbursement (Form 270) is designed to
show a breakdown of the amount of reimbursement requested,
and the instructions for completing the form are included on the
reverse side Copies of source documents such as invoices,
time sheets, trip reports, etc., are required.
The F~nancial Status Report (Form 269a) is a re-cap of expendi-
tures by budget categories, and the ~nstructlons for use are
included on the reverse side
Payments will be made in accordance w~th the approved project
budget included in Attachment E of the apphcat~on Each budget
line item expenditure w~ll be monitored and no overrun w~ll be
paid unless all of the following occur
the overrun does not exceed ten percent of the total budget
the overrun has been approved by the Department in advance
· there is a corresponding decrease ~n another hne ~tem
Any proposed change in a budget line ~tem that will cause an
overrun of more than ten percent of the budget total must be
authorized by written amendment to the contract before the
change Is made
2-26
instructions
Please type or print legibly Items 1, 3, 4, 7, 8, 9d, 9e, 9f and 10 are self-explanatory,
specific ~nstructlons for other items are as follows
Item Entry Item Entry
2 Indicate whether request is prepared on cash 9a Enter m "as of date" the month, day, and
or accrued expenditure bas~s year of the ending of the accounting per~od
to which th~s amount applies Enter program
5 Enter the vendor ~dent~flcat~on number outlays to date (net of refunds, rebates, and
assigned by the Comptrolter d~scounts), ~n the appropriate columns For
requests prepared on a cash bas~s, outlays
6 Enter the month, day, and year for the are the sum of actual cash d~sbursements for
beginning and ending of the per~od covered goods and serwces, the amount of ~nd~rect
mth~srequest expenses charged, the value of ~n-k~nd
contributions applied, and the amount of
9 Enter the required expenditure ~nformatlon payments made to subcontractors and
for each budget category Provide quantities subrec~p~ents For requests prepared on an
for any eqmpment purchased accrued expenditure basis, outlays are the
sum of the actual cash d~sbursements, the
amount of ~ndlrect expenses incurred, and
the net ~ncrease (or decrease) in the amounts
owed by the recipient for goods and other
~ property received and for serwces
performed by employees, contracts,
subgrantees and other payees
9b Show ~f the city ~s prowding all or some of
the local share
9c Show ~f the SDHPT ~s prowd~ng all or some of
the local share
10 Complete the certification before submit
ting th~s request
Contrac ~umber
Detail Number
Request for I P,ge of P,ges
Re i m b u rse m · n t -x* the appl,cable box
Form 270 1 Typeof Payment Requested I'1 F,nal [] Partial
2 Bes~sofRequest [] Cash [] Accrual
3 StateSponsonng Agency
4 Part,al Payment Request
State Department of H~ghways and Pubhc Transportation Number for This Request
Traffic L~ght Synchromzat~on Program
5 Vendor Identification Number (14-dig~ts) 6 Parred Covered by This Request
From (Month, day, yeerJ To (Month, day, year)
7 Recipmnt Orgamzat~on
Name Number and Street 8 Payee (Where check ~s to be sent ~f d~fferent from ~tem 7)
Name, Number and Street
C~ty, State and ZIP Code City, State and ZIP Code
g Computation of Amount of Reimbursements Requested
Personal Operating Subcontracts Equipment
Programs/Functions/Activities ~ Services (121) Expense (123) (124)* TotaJ
(Travel,
a Total program (As ofdate) $ $ $ $ $
outlays to date
b Local Share (C~ty) of amount on hne a
(12B)
c Local Share (SDHPT) of amount on hne a
(128)
d Oil overcharge share of amount on hne a
· Otlovercharge payments prewously
requested
f Oil Overcharge share now requested
(Line d minus hne e)
Attach copras of actual source documents (invoices, time sheets, etc ) to support all costs recurred.
10 Certification
I certify to the best of my knowledge and S~gnature of Authorized Certifying Off~oal Date Request
behef the data above are correct and that Submitted
all outlays were made ~n accordance w~th
the grant conditions or other agreement Typed or Printed Name and Title
and fhat payment ~s due and has not been
prewously requested
Telephone {Ar. Code i Number i Extension
· EqulpmentPurchased(ShowQuant~tm thsbllhng
Controller(s) Time based Coordinator(s)
Th~s space for SDHPT District Off,ce Use
I certify that the above services were rendered or goods rece~¥ed, and that they correspond ~n every particular with the contract, and that
the claim is true and unpaid
Name Title Date
(See Reverse for Instructions) Adapted From Standard Form 270
Prescribed by Office of Management and Budget
Circulars No A 102 andA 110
Rev 5 9~
Instructions For Preparing
Financial Status Report
3 Indicate the method of accounting for the grant funds
4 Insert the Vendor Identification Number on f~le with the Comptroller
5 Ind,icate ~f this ts the final report
6 Insert name and address of the recipient
7 Show the beginning and ending dates of the per~od for which the claim is
submitted
8 Insert the required cost ~nformat~on for each budget category, each column must
be completed
9 Complete the certification, signature must be original, show typed or printed
name and t~tle tn block below Th~s report must be s~gned by the person duly
authorized to sign for the organization
Contract Number
Financial Status Report
Form 269a
State Agency Orgamzat~onal Element To Which Report Is Submitted
State Department of H~ghways and Pubhc Transportation
Grant T~tle 3 Basis
Traffic L~ght Synchromzatton Program r-I Cash [] Accrual
VenUor Identification Number 5 Final Report
[] NO [] Yes
Recipient Orgamzatlon 7 Per~od Covered bythls Report
(Name and Complete address, including ZIP code)
(Month, day, year)
From
To
Budget Categories (a) Contract (b) Project (c) Cumulative (d) Balance
(as of date) Budget Cost Th~s Project
Report Cost
Personal Services
(121)
Oporatmg Expense
(Travel, otc ) (122)
Subcontracts Costs
(123)
Equipment (124)
Total
(Sum of Lines a d)
Certification
I cart;fy to the best of my 10 S~gnature of Authorized Certifying 11 Date Report Submitted
knowledge and behef that th~s Off;ctal
report ~s correct and complete and
that all outlays and unliquldated
obhgation$ are for the purposes
set forth in the award document~ Type or Print Name and Title Telephone (Area code, number, and ext )
(See Reverse for InstructIons)
Form 269a
Adapted From
Uniform Grant and
Contract Management Standards
Rev 5-90
Page 2
September 24, 1990
As outlined in the TLS Grant Application Manual, one of the first
items of work will be to attend computer model training courses
in Austin. Two slots have been reserved for your staff for the
following courses'
Course Date
PASSER October 2-4
TP. ANSYT October 23-25
Please plan on having project staff attend these courses The
courses will be held at the Training Center on 1101 East Anderson
Lane in Austin. For further information please contact Ron Barnes
at 512/465-6386 or Carlos Lopez at 512/465-6356 Thank you for
your interest in improved traffic operations
Sincerely,
Mike West, TSS
Traffic Safety Specialist
District 1S
Attachments
COMMISSION STATE DEPARTMENT OF HIGHWAYS ENGINEER DIRECTOR
ROBERT H DEDMAN CHAIRMAN AND PUBLIC TRANSPORTATION ARNOLD W OLIVER P E
RAY STOKER JR PO BOX
September 24, 1990
Traffic Light Synchronization Project Traffic Safety
Mr. Paul Iwuchukwu
City of Denton
215 E. McKinney Street
Denton, Texas 76201
Dear Mr. Iwuchukwu
Attached is a copy of the approved TLS agreement for your files. This
ms your notice to proceed with the statement of work included in the
agreement.
Please note the contract number listed below which has been assigned to
your grant agreement. This number is to be used on all correspondence
and claims submitted for the respective project. Failure to include this
number could result in delays in processing grant-related documents. The
contract number is as follows
Project Contract Number
Entire Signal System 580TLF6174
The forms included in the Traffic Light Synchronization (TLS) Program
Grant Application Manual for use in requesting reimbursement have been
revised. Copies of the revised forms are attached. Also, attached is
revised, page 2-26 of the TLS Manual.
Apphcant c];~z oF D~
Attach merit A
Local Governments'
Standard Assurances
The Local Government hereby assures and certifies that ~t wdl comply w~th the regula-
t~ons,~po ~c~es0 gu~dehnes, and requirements, including OMB C~rculars A-I02 and A-87, as
they relate to tee apphcat~on, acceptance, and use of state funds for th~s project A so,
the Local Government assures and certifies to the grant that
1 It possesses legal authority to apply for the grant, that a resolution, motion, or
s~mllar act~onhas been duly adopted or passed as an official act of the apphcant's
~lovernlng body, authonzmg the fihng of the apphcat~on, including all understand-
rags and assurances contained thereto, and d~rect~ng and authorizing the person
identified as the official representative of the apphcant to act m connection w~th
the apphcation and to prowde such additional mformat~on as may be required
2 It wdl comply with T~tle VI of the C~wl R~ghts Act of 1964 (PL 88-352) and m accord-
ancew~thT~tleVI of that Act, no person m the Umted States shall, on the grounds
of race, color, or national or,gm be excluded from participation m, be demed bene-
fits of, or be otherwise subjected to d~scnmmat~on under any program or act~wty
for which the apphcant receives federal financial assistance and wdl ~mmed~ately
take any measures necessary to effectuate th~s agreement
3 ttwdl complywlthT~tleVI oftheCiwl R~ghts Act of 1964 (42 USC 2000d) prohibiting
employment d~scr~mmat~on where (1) the pnmary purpose of a grant ~s to prowde
employment or (2) d~scr~mmatory employment practices will result m unequal
treatment of persons who are or should be benefiting from the grant-aided
activity
4 Itwdl complywlth requ~rementsofthe prows~onsofthe Umform Relocation
Assistance and Real Property Acquisitions Act of 1970 (PL 91-646) which provides
for fair and equitable treatment of persons d~splaced as a result of state or federal
and state or federally assisted programs
5 ,It wdl comply w~th the provls~ons of the Hatch Actwh~ch hm~tthe pol~t~calact~wty
of employees
6 ,Itwdl comply w~th the m~mmum wage and maximum hours provisions of the
,Federal Fair Labor Standards Act, as they apply to hospital and educational
mst~tut~on employees of State and local governments
7 It wlllestabl~sh safeguards to proh~bit employees from usmgthe~r pos~tlonsfor a
purpose that ~s or gives the appearance of being motivated by a desire for pnvate
gain for themselves or others, particularly those with whom they have famdy,
business, or other t~es
8 Itwdl g~vethesponsormg agency the access to and the r~ghtto examine all records,
books, papers, or documents related to the grant
9 It wdl complyw~th all requlrements~mposed by thesponsormg agencyconcermng
special requirements of law, program requirements, and other administrative
requirements
10 It will insure that the fac~htles under ~ts ownership, lease, or supervision wh,ch
shall be utdlzed ~n the accomph,shment of the project are not sted on the En-
vironmental Protection Agency s (EPA) hst of violating fac~htms and that ~t will
not~fy the grantor agency of the receipt of any commumcat~on from the D~rector
of the EPA Office of Federal Act~wt~es indicating that a facdlty to be used m the
project ~s under conslderat~on for hst~ng by the EPA
11 It will comply with the flood insurance purchase requirements of Section 102(a)
of the Flood Disaster Protection Act of 1973, PL 93-234, 87 Stat 975, approved
December 31, 1976 Section 102(a) requires, on and after March 2, 1975, the pur-
chase of flood insurance in communities where such insurance is available as a con-
dltlon for the receipt of any federal financial assistance for construction or acquisi-
tion purposes for use in any area that has been ~dentlfled by the Secretary of the
Department of Housing and Urban Development as an area having specla food
hazards The phrase "federal financial assistance" ~ncludes any form of loan,
grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or redirect federal assistance
12 It will assist the grantor agency ~n ~ts compliance w~th Section 106 of the National
Histor~c Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593,
and the Archeolog~cal and Historic Preservation Act of 1966 (26 USC 469a-1 et seq )
by (a) consulting with the State Histor~c Preservation Officer to conduct the investi-
gation, as necessary, to ~dentlfy properhes hsted in or ehglble for Inclus~on m the
National Register of Historic PJaces that are subject to adverse effects (see
36 CFR 800 8) bythe activity, and notifying the federal grantor agency of the exist-
ence of any such properties, and by (b) comp ymg with all requ rements estab-
hshed by the federal grantor agency to avoid or m~tlgate adverse effects upon such
properties
13 It will comply w~th Texas C~vll Statutes,,Art 5996a, by ~nsurlng that no officer,
employee, or member oft. he apphcant s governing body or of the apphcant's
contract shall vote or conhrm the employment of any person related within the
second degree of affinity or third degree by consangu~mty to any member of the
govermng body or to any other officer or employee authorized to employ or
supervise such person Th~s prohibition shall not prohibit the employment of a
person who shall have been contlnuouslyemployed for a per od of two years
prior to the election or appointment of the officer, employee, or governing body
member related to such person m the prohibited degree
It will insure that all information collected, assembled, or maintained by the
applicant relative to this project shall be avadable to the pub c during normal
business hours in compliance wroth Texas C~vll Statutes, Art 6252-17a, unless
otherwise expressly provided by law
It wdl comply w~th Texas C~vll Statutes, Art 6252-17, wh ch requires all regular,.
special, or called meetings of governmental bodies to be open to the public, ex~ept
as otherwise provided by law or specifically permitted ~n the Texas Constitution
Specific local agency staff assignment.
1. Paul Iwuchukwu, Traffic Engineering Associate.
Traffic engineering experience 4 years
Experience with PASSER signal timing program- 3 1/2 years
Experience wxth COPTRAPLO synchronization program 2 years
NO TRANSYT 7F experience
Prior training ~n PASSER II-84, Texas Eng~neerxng Extension Servxces-TAMU,
1986
Numerous traffic s~gnal/engineer~ng schools and seminars
2. Manuel Coronadot Traffic Control Supervisor
Traffic signal technician experience 5 years
Prior training in PASSER II-84, TEEX-TAMU, 1986
3. Larry Mauch, Traffxc Signal Technician
Traffic signal technician experience 11 years
Prior training in PASSER II-84 TEEX-TAMU, 1986
4. Jeff Gann, Traffic Signal Technician
Traffic signal technician experience. 3 years
Prior trazning in PASSER II-84 ~n-house
2664J
6, he
Determination of controller needs and the type and features of the equipment
for the project.
The controller needs for this project area were determined by uszng existing
traffic ~ounts and number of lanes to perform computer simulation using
PASSER II 84. Different phase combinations were tried for both the arterial
and the cross streets. Timing patterns were chosen based on delay level of
service and the timing patterns determine the type of controller (number of
phases) to be used.
For synchronization purposes, all the controllers for this project should have
~nternal time-base coordination capability that provides for at least four
time-of-day plans.
We would like to use TRANSYT Model 1880 EL. controllers for th~s project. In
the next five to 10 years time period, if funds are avallable, we would l~ke
to tie the project area to our exlstzng closed-loop system which ~s a TRANSYT
system. SO, we are specifying this type of controller for compat~b=l~ty
purposes only.
2664J
Anticipated changes in traffic levels in ~he project area.
1. Bell Avenue dissects the Texas Wom~n's Unxverslty campus. From recent
growth.trends, TWU is expected to continue to grow.
2. Denton has limited north-south arterllals, so development xn outlying areas
continues to add traffic to Bell AvenSe.
3. Despite the Texas Woman's Universilty, other ma]or traffic generators
within the project area include th~ Greater Denton Visual Arts Complex,
Denton City Hall; the Civic Center ($udltorium, park, and offices); Senior
Center; public swimming pools; Dent0n's Main Post Office; Denton County
offices (Personnel and J. P. Courts),land Motor Registry.
The Visual Arts complex and the Senior Center are currently undergoing
substa~ltial exp~u~sion programs. The~ubllc swimming pools will undergo a
ma]or expansion in the very near f~ture. Due to population increases,
customer service activities at the City Hall, Post Office, Motor Registry,
and the County offices will continue to add traffic to the project area.
4. The southern portion of the project area is heavily utilized by the
University of North Texas students and visitors. Recent trend in
enrollment ensures continued growth olf this institution.
1) LegalAppllcant : 2) Vendor Identification Number
I ,
a ApphcantName C:ty of Denton i 17560005146000
b O~ ~- ~ 3) ProlectTrafflc Engineer
g..~zat~onal Un t I
.(.Name & Tel.ep~hone)
c StreetA~-~e~ 215 E. McKlnney St. I ~aul Iwucnu~wu
d City Denton · County. Denton ~
(..817 ). 566;8.~58 , .
4) NumoeroTblgnallzed ntersectlons
f State Texas g Z~p 76201
· In junsd~ct~on 62
h P~pulat~on(1986CensusBureauEst~mate)
· In coordinated systems 16
6~,000
~ Project Grant Manager (Name & Telephone) · tn proposed project 9
5) Proposed Funding Attachments
a State Oii Overcharge Funds $37~470 54 a Standard Assurances
b Local $12.490.18 b ProjectAreaMaps
c Description of Project
c State (if slgnalsare mamtamed d Quahtyof Service
and operated bySDHPT) $ -O-
s Budget
d Other(Specify) $ -0- f Project Task Respons~bd~ty
· Total $/,Q,Qr, n 79 g DebarmentCerbfrcat~on
6) General Information
a A~e any of your project s,gnals operated or rnmntamed by other agenc~es~ Yes No
If yes, describe
b currently makes the decisions on how to set your s~gnals~ c,~ ~y R r ~ t:F
c Approximately how many local staff person-years (or fraction thereof) are currently devoted to trafhc
s~gnal Ummg m your jur~sd~ct~on~ Include all categones of effort, mcludmg data acquisition, plan
development, Implementation, checkmg and survedlance ~k ~o~ - y ....
Comments
d Who~scurrentlyrespons~bleformamtammgyours~gnals~ C:t¥ Traffic Department
e D9 you have plans for major capital ~mprovements to upgrade your proposed project network~
Yes No X
If yes, do you have a schedule, budget proposal or funds already comm~tted~ Yes __ No X
Explmn
f Have significant changes in traffic levels or patterns ~n the project area occurred as a result of new
development, road ~mprovements, etc, since the last ret~mmg effort~ Yes X__ No __
Explain Re?av~n_~ of n ~emt~on n~ Bell Avenue w~th%n the ?rn2ecr
area early th~s year haa added more traffzc to Bell Avenue.
(over)
General Information, (contd)
g Do you anticipate s~gmficant changes m traffic levels or patterns ~n the project area as a result of new
development, road Improvements, etc, within the next three years~ Yes X No
Explain See attached - Pa~e 6 ~
h Explain how the signal controller needs for th~s project area were determined and the type and
features of the equipment you propose for the project Attach extra page af needed
See attached - Pa~e 6 h
L~st below specific local agency staff that would be assigned to th~s project Outhne local staff traffic
engineering experience, pnor training ~n and use of the TRANSYT 7F and PASSER s~gnal t~mmg pro-
grams, and role m thru project Attach extra page ~f needed (Note Prior experience w~th TRANSYT
7F and PASSER ~s not required )
See attached - Page 6 1
Supply any additional ~nformat~on that would be useful for the rewew of th~s apphcat~on Also, you
may use th~s space to expand any of your answers to the prewous questions Attach extra page ~f
needed
~/~
k tnd~cate course preference (check one of each course)
PASSER II and PASSER III TRANSYT 7F
g January 23 26, 1990
X January 30-February 2, 1990
× February6-9, 1990 X February 13-16, 1990
7) Apphcartt Certification To the best of my knowledge and behef, reformation ~n th~s apphcat~on ~s
true and correct, the document has been duly authonzed by the govermng body of the apphcant, and the
apphcant wdl comply w~th the attached assurances ~f the apphcatlon ~S approved
Any grant money received will supplement and not supplant any ex~stmg local funding presently dedicated
to s~gnal t~m~ng efforts
/£
Typed or Prlnted Name and T~tle Lloyd V Harrell, City Manager
Date 9-22-89
Article 12. Termination (cont.) · For Convenience
If both part~es to this contract agree that the continuation of the contract m whole or ~n
part would not produce beneficial results commensurate with the further expenditure of
funds, the parhes shall agree upon the termination cond~taons, ~ncludmg the effective
date and the portion to be terminated
· Ownership of Documents
Upon termination of this contract, whether for cause or for convemence, all fimshed or
unfimshed documents, data, studies, surveys, reports, maps, drawing, models, photo-
graphs, ete prepared by the Local Government shall at the option of the State become
the property of the State
· Excepted Conditions
Except with respect to defaults of subcontractors, the Local Government shall not be ~n
default by reason of any failure m performance of th~s contract m accordance with ~ts
terms (including any failure by the Local Government to progress m the performance of
the work) if such failure arises out of causes beyond the control and w~thout the default
or neghgence of the Local Government. Such causes may include but are not hm~ted to
acts of nature or of the public enemy, acts of the government m e~ther ~ts soverelgu or
contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather. In every case, however, the failure to
perform must be beyond the control and without the fault or negligence of the Local
Government
Article 13. Compliance with Laws
The Local Government shall comply w~th all federal, state, and local laws, statutes,
ordinances, rules and regulations, and the orders and decrees of any courts or admm-
lstrat~ve bodies or tribunals m any matter affecting the performance of this contract,
including, without limitation, workers' compensation laws, n~mmum and maximum
salary and wage statutes and regulations and hcenslng laws and regulahons When
required, the Local Government shall furnish the State w~th satisfactory proof of its
comphance therewith
Article 14. Successors and Assigns
The State and the Local Government each binds itself, ~ts successors, executors, asslgus
and administrators to the other party to this agreement and to the successors,
executors, assigns and administrators of such other party in respect to all covenants
of th~s contract. Neither the State nor the Local Government shall ass~gu, sublet, or
transfer its interest in this agreement without the written consent of the other
Article 15. Property Management
The Local Government shall use its own property management system to control,
protect, preserve, use, maintain, and dispose of any property furnished to ~t by the State
or purchased pursuant to th~s agreement, prowded that the procedures are not
~n confl~ct with the State's property management procedures or property manage-
ment standards outlined ~n 49 CFR 18 (Section 18 32), "Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Governments"
Page 5 of 7
Article 16. Procurement Standards
The Local Government shall maintain and follow procurement standards which meet or
exceed the requirements of 49 CFR 18, ~Jnlform Admmlstratave Requirements for
Grants and Cooperative Agreements to State and Local Governments '
Article 17. Debarment/Suspension
The Local Government is prohibited from making any award or permitting any award
at any taer to any party which is debarred or suspended or otherwise excluded from
or mehgible for participataon in federal assistance programs under Executive Order
12549, Debarment and Suspension. The Local Government shall require any party to
a subcontract or purchase order awarded under this contract to certify ~ts eligibility to
receive federal grant funds, and, when requested by the State, to furnish a copy of the
certificataon.
Article 18. Insurance
When &rected by the State, the Local Government shall reqmre its subcontractors to
secure insurance in the maximum statutory limits for tort liability, n~m~ng the State
as an additional insured under its terms When so directed, the Local Gover,~ment
shall require its subcontractor to furnish proof of insurance on forms satisfactory to
the State, and shall maintain the insurance during the contract period specified in
Article 1
Article 19. Gratuities
State Highway and Pubhc Transportation Commission pohcy mandates that employees
of the Department shall not accept any benefits, gifts or favors from any person doing
bus~ness with or who reasonably speaking may do bus~ness w~th the State under this
contract The only exceptions allowed are or&nary business lunches and items that
have received the advanced written approval of the State's Engineer-Director
Any person doing business w~th or who reasonably speaking may do business with the
State under this contract may not make any offer of benefits, gifts or favors to Depart-
ment employees, except as mentioned hereabove Failure on the part of the Local
Government to adhere to this policy may result m termination of th~s contract
Article 20. Indemnification
To the extent permitted by law, the Local Government shall save harmless the State
from all claims and liability due to the acts or onussions of the Local Government, its
agents or employees The Local Government also agrees to save harmless the State
from any and all expenses, including attorney fees, all court costs and awards for dam-
ages, incurred by the State in litigation or otherwise resisting such claims or habihties
as a result of any activities of the Local Government, its agents or employees
Further, the Local Government agrees to protect, indemnify, and save harmless the
State from and against all claims, demands and causes of action of every kind and
character brought by any employee of the Local Government against the State due to
personal injuries and/or death to such employee resulting from any alleged neghgent
act, by either commission or omission on the part of the Local Government or the State
Page 6 of 7
Article 21. Signatory Warranty
The undermgned signatory for the Local Government hereby represents and warrants
that he :s an official of the orgamzatlon for which he has executed this contract and that
he has full and complete authority to enter ~nto the contract on behalf of the Local
Government
IN WITNESS WHEREOF, THE PARTES HAVE EXECUTED DUPLICATE
COUNTERPARTS TO EFFECTUATE THIS AGREEMENT.
LOCAL GOVERNMENT STATE OF TEXAS
The C~ty of Ven~on Certified as being executed for the
for Bell purpose and effect of actavatang and/or
Under authority of reselut~on or ordi- carrying out the orders, estabhshed
nance number pohmes or work programs heretofore
H~ghway and Pubhc TransportaUon
B Comrmsmon under authority of lVhnute
T~tle ~ Order 82513
Traffi~per~at~ons Enginee~
For t~ .~.e of'~bi~ a~=,,,~,,t,'l~e ~llow~ng ad.~,-=sses shall be used to mall ali
reqmre~ ot~ces, reports, cla~ms, m~d correspondence-
For the Local Government For the State (D~stnct Office)
City of Denton Mr James M Huffman
215 E McKinney St P O Box 3067
Denton, Texas 76201 Dallas, Texas 75221-3067
Page 7 of 7
Artiele21. Signa ry Warranty
The undersigned signatory for the Local Government hereby represents and warrants
that he is an official of the organization for which he has executed this contract and
that he has full and complete authority to enter into the contract on behalf of the Local
Government
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE
COUNTERPARTS TO EFFECTUATE THIS AGREEMENT
LOCAL GOVERNMENT' STATE OF TEXAS
The City of Denton Certified as being executed for the
purpose and effect of activating and/or
Under authority of resolution or or&- carrying out the orders, estabhshed
r ~ '~P~' · policies or work programs heretofore
//~/~Jl approvedandauthorl,edb~theStat,
Highway and Public Transportation
~-~ - ?" , .... / Conumss~on under authority of M~nute
T~tle ci~_v ~anaaer Order 82513
Date September 18, 1989 By
Traffic Operations Engineer
ATTEST.
Date ~-/~. o~ Date
For the l~urp.ose of th~s agree.ment, the following addresses shall be used to mail all
reqmred notices, reports, claims, and correspondence
For the Local Government. For the State (District Office).
City of Denton Arnold W. Oliver, P.E.
2~1 iD~ring Division State Dept. of Highways
E. lVi~run~y' Street and Public Transportation
Denton, Texas 76201 P O. Box 3067
Dallas, Texas 75221
Page 7 of 7
PROJECT COST ESTIMATE
Data .coil-orion and preparation
Manual counts 2 techs
Collection 8 ~ntersections at 6 hours = 48 hours
Preparation: 8 1ntersections at 2 hours = 16 hours
64 x 2 = 124 hours
Simulation/anal~sis and design 1 engineer
(8 intersections @ 10 hours) x 1 = 80 hours
Implementation' 1 engineer, 2 techs
(8 intersections @ 4 hours) x 3 ~ 96 hours
"Before" field evaluation 1 engineer, 1 tech
(4 hours/day x 5 weekdays) x 2 = 40 hours
Fzne~unin~: 1 engineer, 1 tech
(8 intersections @ 2 hours) x 2 - 40 hours
"After" field evaluation. 1 engineer, 1 tech
(4 hours/day x 5 workdays) x 2 - 40 hours
Controller cabinet pad-mount installation. 2 techs
8 intersections @ 4 houra x 2 = 64 hours
Supervision 8 intersections at 1 hour - 8
page 1 of 3
Cabinet and controller installation 2 techs
8 ~nterssctions @ 4 hours - 64 hours
Supe~vxsion 8 intersections at 1 1/2 hour = 12 hours
Total hours ~ 484 hours
Summary
Englneering hours 168 hours
P~eld Supervision hours: 28 hours
Technician hours' 379, hours
Total project hours. 56__4 hours
Personnel Services.
Eng,neer, 168 hfs @ $16.21 ~ $2,723.28
Supervisor, 20 hfs @ $14.57 ~ 291.40
Technician, 188 hfs @ $13.01 - 2,445.88
Technician, 188 hfs @ $11.82 - 29222.16
Total Personnel Services $7,782~//
Operating Expenses (Two trips to Austln for PASSER and TRANSYT traln~ng - two
persons)
Travel 2 (2x250 miles @ $.25) x 2 ~ $ 500.00
Accommodation
Hotel - 2 (4 nights @ $75) X 2 = $1,200
Meals - 2 (10 meals @ $10) x 2 - 400
Telephone 2 (4 days @ S 5) x 2 - 80
Total Accommodation lr680.00
Total Operating Expenses ~
page 2 of 3 pages
Equipment (List) *
2 two-phase controllers
w/cabinets @ $4,400 $ 8,800.00
5 four-phase controllers
w/cabinets @ $5,180 25,500.00
1 e~ght-phase controllers
w/cabinets @ $5,798 5~798.00
Total Equipment Cost ~
Total Project Cost
Personnel Services $ 7,682.72
Operating Expenses 2,180.00
Equipment Cost 40t098'00
Total Project Cost ~
*Equipment costs are based on current costs of Model 1880 EL Transyt
Controllers.
page 3 of 3 pages
2664J
Attachment E
(page
Su bc0ntracts
Consultant Serwces * ~/~.
Data Collection Contract ~/~,
Total Subcontracts N/A N/A
Grant Total ~7.47o.54
Total Local Match
(Indicate % of total project costs)
Indicate SDHPT % of Local Match
TOTAL PROJECT COST $ ~'9, 9 6 o. ? 2
* Attach detmled cost estimate
Apphcant gttv of Denton
Attachment B
Project Area Maps
Attach two 8-1/2 x 11 maps asdescr~bed below
A A map showing the locale of each proposed TLS project w~thln your jurisdiction
B A map showing the s~gnahzed intersections of each system w~th the following
information
1 Average Daily Traffic
2 C. irculatlon Pattern (Identify One-Way Streets)
3 A Scale or Identification of the D~stance Between Adjacent S~gnals
A.~hcant CITY OF DENTON
Attachment C
DescrIption of Project
System Name R~T,T, AVENUE NO of Intersections 9 (8 this recruest)*
System Configuration Grid__Arterial x
System Coordination Hardware N/A T~me-Based N/A ** (Proposed)
System Controller Type Trar~yt 1800 (6), MINN [vLICRO Model 110 (2) r TRANS'/2 1880 EL
Maximum # of T~me-of-Day Plans 4
Current # of Time-of-Day Plans N/A - Currently not ~-~ted
Indicate below each t~me period cycle length N/A ***
AM Period N/A M~d-Day Period N/A PM Period N/A
Last Date T~m~ng Plans Rewsed for the Entire System ApRIL 1988
Average S~gnal Spacing '[,072 FEET
NO'IT_~.
* The controller at the Admir~stratlon Drive intersection has been f~nded.
Controller type is TRANSYT MDDEL 1880 EL with Internal time-base coordination.
Th~s grant application is for 8 signals.
** Currently the signals are not coordinated. Controllers are different
and have no ti~e-based coordination capability. This grant pro3ect
will enable the City to coordinate this signal syste~.
*** Currently all tb~ Intersections operate on different cycle lengths depending
on the prevailing traffic ~1o1%~r~. They are all fully actuated except for
withers that is s~-actuated. The maxlrman possible cycle length on the
system would occur at McKinney and it is 100 seconds.
Apphcant c72Y ~F
Attachment D
Traffic Lig.h.t Synchro. nization Program
Quahty of Servtce Summary
~gency c:Ty oF DENTON, TEXAS
Street Name ~*~.~.
D~rect~on of Travel T~me Run' SOUTeBOUND
%ect~on Cross Street Name Sect,on Avg Posted Number of Free Flow
Length Speed Lanes Travel T~me
1 NORT~ PgD-XING
2 ~. DRIVE 800 30 HPH 1 18 14
3 SOLrEB PED-XING 700 30" 1 15 87
4 WiTHERS 1,450 30" 1 32.88
S MINGO 1,000 30" ~' ~ 22 68
6 McKI[~TEY , 675 30" 2 15 31
7 HIC~fORY 722 30" 2 16 37
8 PRA/RIE 1,632 30" 2 37 0
9 E~C~T .~ 1,600 30" 2 36.28
10
11
12
13
14
15
16
17
18
19
20
Date(s) of Study: 9-14-89 Total Free Flow Travel Time 195
T,me of Study 4:00P - 5: 15P Measured Travel Time- Run 1 261 secs
ADT for Street. :[1,328 Run2 373 secs.
Run 3 (Arterial Systems) 344 secs
lComments. Average Measured Travel Time 326 secs
Delay for this Street and Direction 131 secs.
Apphcant OTq'~f (l~' DENq~N
Attachment D
Traffic Light Synchronization Program
Quality of Service Summary
Agency CITY OF DENTON, TEXAS
Street Name BET,r, AVELTu~
D~rectlon of Travel T~me Run NOR~T~OU~D
Section Cross Street Name Section Avg Posted Number of Free Flow
Length Speed Lanes Travel T~me
1
2 PRAIRIE 1600 ' 30 HPH 2 36 28
] HICKORY 1632' 30 " 2 37 0
4 M~ 722' 30 ' 2 16 37
S MINGO 675' 30 " 2 15 31
6 WITHERS 1000' 30 " 2 22 68
7 SOUTH PED-XING 1450' 30 " 2 32 88
8 ADMIN. DRIVE 700' 30 " 2 15.87
9 NORTH PED-XING 800' 30 " 2 18 14
10
11
12
13
14
17
~8
20
Date(s) of Study: 9-14-89 Total Free Flow Travel Time 195 secs.
T,me of Study' 4:00p - 5: 15P Measured Travel Time- Run 1
I Run 2
ADT for Street 11,328 317 secs.
, Run 3 (Arterial Systems)
l Comments: Average Measured Travel Time 3ol secs
Delay for this Street and Direction t06 sacs.
Ap, ant Ctty of Denton
Attachment D
Quality of Serwce
Study Method
The applicant ~s to use the followmgmstructlons to conduct quality of service tests of
signals proposed to be mcluded m the project The attached"QuahtyofServ~ce"
Summary is to be completed and submitted with the apphcat~on
Introd ulctlon
Estabhsh ng the demand for traffics~gnal ret~mmg projects ~s particularly d~fflcult unless
extenswedatacollect~onandanalys~s~sperf°rmedbef°rehand Slnce such effort ~s an
~ntegral part of the project bemg proposed, ~t ~s beyond the scope of prel~mmary needs
assessmentsassoc~atedw~ththegrantapphcat°n Consequently, the TLSpro~ramwdl
require a s~mple study of travelt~me performance for each project proposal wmch
shou d,be ~n the range of capabd~t~es of applying local governments and prowdes a
reasonable summary of the operat~onal s~tuat~°n Th~sstudy~sjustapartoftherewew
process, and wdl be used as an mexact gu~dehne to assist m project select~on and
pr~omt~zat~on
General Descmpt~on
The travel t~me study methods defined here are not ~ntended to be concluswe or
statmt~cally comprehenswe, but rather to be ~mplementable by any local government
usmgonlyavehceandastopwatch The studywdlbeageneralsummary°fdelay°n
each s~reet of the project Data should only be co ected on Tuesdays, Wednesdays and
Thursdays Thestudyw cover only the peak per~od, asdefnedbytheapphcant
Apphcantsare encouraged to use the most heawlytravelledt~me pemod of a typical day
to establish thetyp cal worst case Travel t~mes on all streetswdl be done durmg th~s
time pemod, according to the following methodo ogy
Study Methodolog~
An mtersect~on ~sdef~ned as a junction of streets controlled by a traff~cs~gnal which ~s
part o4 the project bemg proposed
Travellt~me runswdl be performed in all legal d~rect~ons on each street m the project A
run ~s de~med asa trap from the f~rst network or artemal s~gnalto the last network or
arterlals~gnal~noned~rect~on For gmd networks, two runs m each d~rect~°n wdl be
done for each network street that passes through two or more network s~gnals For
artemal systems, three runs m each d~rect~on wdl be done Thet~me of crossmg the stop
Ime at the f~rst s~gnalwdl be recorded (or the stop-watch wdl be started) and the time of
clearmg the last mtersect~on wdl be recorded (or the stop-watch wdl be stopped)
The d~ver of the study vehicle should attempt to approach the f~rsts~gnal m a grad
system once at the beginning and once dumng the m~ddle of the green phase and, for an
artemal, atthe begmmng, one-third pont, and two-th~rds point of the green phase The
drover should then attempt to drwethe length of the street at the posted speed hm~t
De ay wdl be caused when other vehicles or traffic control dewces~mpede the progress
of the study vehicle, and the drover should not take extraord nary measures to avoid
delay Generally, the dmver should stay ~n the m°sttyp~cally used thr°ugh lane (such as
the center or median lane)
Accompanying the travel t~me run w~ll be a description of the street geometry for each
sect~m~ of the street A section ~sdefmed as the port~on of the street extending from
the stop hne of one controlled ~ntersectJon to the stop hne of the next control[ed inter-
section downstream Section length, number of anes, and posted speed hm~t should be
recorded If the posted speed changes n thesect~on, awe~ghted average should be
calculated based on d~stance
For example, a section of street ~s800 feet long, and ~s posted for 30 mph Jn the d~rect~on
undercons~derat~on for 500 feet and 40 mph for 300 feet The average posted speed
would be
(30 mph x 500 feet) + (40 mph x 300 feet)
800 feet = 33 75 mph
Number of lanes Is measured atthe stop hne atthe beginning of the section, not
including turn bays
For each street, average da~l), traffic counts should be prowded Data up to fwe years
old ~s acceptable as long as s~gmflcant changes ~n traffic patterns have not occurred
Free flow travel t~me should be calculated assuming no stops and traffic flow at the
average posted speed hm~t The free flow travel t~me for each section ~sthe section
length dw~ded by the speed m feet/sec Speed in mph ~s converted to feet/sec by
multiplying by 1 47 The total free flow travel t~me ~s the total of the section free flow
travel t~mes The delay Js the d~fference between free flow trave t me and actual travel
t~me, averaged from the travel t~me runs For example, a street contains two sections
Section 1 ~s 800 feet and hasa 35 mph average posted speed hmlt, and Section 2 ~s 1200
fbeeet long and has a 40 mph average posted speed hm~t The free flow travel time would
800 feet 1200 feet
35 mp-F~ x 1 47 + 40 mp-F~ x 1 47 = 36 seconds
The Quality of Serwce Summary form has been prowded to allow the convement orga-
mzation ofthlsdata One form should be filled out for each combination of street and
d~rect~on Apphcants should duphcate the form as necessary
Summary
The procedure outhned here w~ll prowde a rough synops~s of the ex~st~ng typical worst
case s~tuat~on using data that can be co ected very qmckly For arterial systems, on y
data alon~the arterial ~s necessary The runs have been defined to e m~nate the in-
clusion of l~oundary conditions (such as s~de street delay on an arterial), which, though
they may mh~b~t a complete understanding of the s~tuat~on, w~ll allow arterial and grid
networks to be compared ~n a similar hght
~ppl~cant CITY OF DENTON
Attachment E
Traffic L~ght Synchromzat~on (TLS) Program
--- Budget Form
Applicant Financial Contact o=,,1 T'~,V'~,,>,.,U Phone (
Oil Overcharqe Local Match*
Funds
Personnel Serwces
Salaries and Wages (L~st by
position, salary rate, and hours)
Engineer, 168 hrs ~ $16.21 ~ $ 680.82
Supervlsor, 20 hrs ~ $14~57 71R.55 72.85
Techn~clan, 188 hrs. ~ $13.01 1..B34.41 611-47
Techn~clan, 188 hrs. ~ $11.82 1.666.67 555-54
Total PersonneIServ~ces $~. 7~ fl4
Note Indirect costs are not eligible for reimbursement
Operatmq Expenses (Two trips to Austin for PASSER and TRANSYT
training - two persons)
Travel 4(2x250 miles ~.25) =$500 ~ ~7.5.00 $ 17~ (~c~
4(Hotel 4 nights ~75)=$1,200
(Rates) 4(10 meals ~10)=$400
4(4 days telephone ~5)=$80
Other
TotaIOperatmng Expenses s~.6~.oo ~ ~4~ n~
Equipment Items (List)
2 two-phase controllers
w/cabinets ~ $4,400.00 $6.60~_00 ~
5 four-phase controllers
,.,/~=~ ~ ~5.100.00 19,125.00 6,375 00
['eight-phase controller
TotalEqulpmentltems $~Z.~ $1n n74.50
* Designate if local match is from the C,ty or the SDHPT
2-14
w~ ~
SEN IOR
CENTER
C~N~
MOTOR
REGISTRY
-J el
Apr' ~ant
Attachment F
Project Ta~k Re~pon~,bd~ty
(Please check appropnate agency or ~f joint respons~bd~ty, enter percentage for each )
Responsible Aqency Task
Loca! Staff* Consultant
× · Fmeldcheck Equipment
× · Collect field data
× · Attend PASSER and TRANSYT
Workshops
× · Code data~n computer and
complete m~t~al s~mulat~on run
× · Cahbratemodel
× · Complete "Before" held
evaluation
× · Compteteopt~m~zat~on runs and
select~on of plans
× · Imptementt~mmg plans
× · F~ne-tunet~m~ng plans
× · Attend Help Session (optional)
× · Completesmmulat~on of plans
~mplemented m field
× · Complete"After" field
evaluation
* Enter "SDHPT" ~f the task ,s the Department's respons~bd~ty
2-15
appucan~ CITY OF DENTON
Attachment G
Debarment Certification
(Negotiated Contracts)
(1) The CONTRACTOR certifies to the best of its knowledge and belief, that it and
l~s principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any federal
department or agency,
(b) Have not within a three-year period preceding this proposal been convicted
of or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or perform-
lng a public* transaction or contract under a public transactmn; violataon of
federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or
receiving stolen property,
(¢) Are not presently indicated for or otherwise criminally or civilly charged by
a governmental entity* with commission of any of the offenses enumerated in
paragraph (1)(b) of this certafication; and
(d) Have not within a three-year period preceding this application/proposal had
-- one or more public transactions* terminated for cause or default
(2) Where the CONTRACTOR ~s unable to certify to any &the statements in
this certification, such CONTRACTOR shall attach an explanation to this
certification
*federal, state or local
Signaturd ufC~rtil~ing Oflkiil
Cltv Manager
Title
September 18. 1989
Dat~
Form 1734 A
4 89
2-16
Lower Tier Participant Debarment Certification
(Negotiated Contracts)
Imaert.amc (,~ tertll--m oil ' , belne' duly s
or under ,,~,,I,.. ~ . ~ g lelal) ~ ~ ~ _wor~
~-~,~y o~pequry under the laws &the Umted States, cerUfies that
neither cxt of ~n ~n~rx raff~c Dxvxsxon norlts
principals are presently Hn~r t name Oflow~ r tier part~clpant~
· debarred, suspended, proposed for debarment,
· declared mehg~ble,
· or voluntarily excluded from parUc~patmn ~n th~s transaction
by any Federal depar~ent or agency
Where the above ldent~fied lower tier participant is unable ~ certify ~ any of~e
above statemen~ ~n th~s cerUficat~on, such prospective parUcipant shall mdica~
below ~ whom the excepUon apphes, the ~mt~atmg agency, and dates of action.
ExcepUons will not necessarily result m denial of award, but will be considered in
determ~mng contrac~r responslbHity. Providing false info~ation may result m
criminal prosecution or a~mlstrat~ve sanctions
EXCEPTIONS:
See Reverse for Information
Ne t Document
2785L
NOTE R89-069 has been amended by R89-074, a copy of which is attached
RESOLUTION NO. ~L~--~
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CERTAIN
AIRPORT LEASES FOR PAD SITES FOR T-HANGARS AT THE DENTON MUNICIPAL
AIRPORT UNDER CERTAIN CIRCUMSTANCES, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Airport Manager has received several requests
from individuals desirous of leasing pad sites at the southeast
corner of the Denton Municipal Airport for erection and mainte-
nance of T-hangars, and
WHEREAS, the City Manager and Airport Advisory Board recom-
mend that the lease form attached hereto as Exhzbit "A", and
incorporated by reference herein be used as the standard lease
form for such pad site lease agreements, and
WHEREAS, the Airport Advisory Board and the City Manager
recommend that the pad sites as reflected on the attached Exhibzt
"B" be leased at twelve cents per square foot, the rental rate as
specified in the Airport Master Plan, and
WHEREAS, the City Council having received the recommendations
of the Airport Advisory Board and City Manager and having found
that it is in the best interest of the City to authorize the city
Manager to execute said leases in the form and under the
conditions as contained in the attachments, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
SECTION I. That the City Manager is hereby authorized to
execute lease agreements, in the form as set forth in Exhibit "A",
for the rental of the real property located and highlighted on
Exhibit "B" and at the rate of twelve cents per square foot
SECTION II. That this resolution shall become effectzve
immediately upon its passage and approval.
PASSED AND APPROVED this the ~ day of ~ ,
1989.
RAY ST~P~g'NS, /MAYOR
A~ST
~ALTERS, SECRETARY
J~IFER CITY
APPROVED AS TO LEGAL FORM
DEVRA~DAMI DRAYg~ITCH, CITY ATTORNEY
N 88°35' .1,0" ~ .~75'-"-.~
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N 01'23'50' E 817.43' ,~" v~z~e~
m ~0' A~U~ N 01'23'50" ~ "711.37'
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L ,o.oo, o.oo.
N 01'; 3'50" E 1165.26'
~0' AOUE 60' AOUE ~ 80 0
S 01'2B'50" W 1465.47'
I
o
__',NG LIN~ .... 1404. ~,~'
FOUND REBAR S C Oi" ~ 6i' FOUND REBAH
~ S ~2'36'2~" E 85.24'~
EXHIBIT "B"
EXHIBIT "A"
THE STATE OF TEXAS § PAD SITE AIRPORT LEASE BETWEEN THE
COUNTY OF DENTON § CITY OF DENTON AND
This agreement, hereinafter referred to as "Lease" is made and
executed this day of , 19__, at Denton, Texas,
by and between the CITY OF DENTON, a municipal corporation of the
State of Texas, hereinafter referred to as "Lessor", and
hereinafter referred to as "Lessee".
I. CONDITIONS OF LEASE
A. Non-Discrimination. The Lessee, for himself, his personal
representatives, successors in interest, and assigns, as a part of
the consideration hereof, does hereby covenant and agree as a
covenant running with the land that:
(1) 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 sub3ected
to discrimination.
(2) The Lessee, shall use the Premises In compliance with
all requirements imposed by or pursuant to Title 49,
Code of Federal Regulations, Department of Transpor-
tation, Subtitle A, office of the Secretary, Part 21,
Non-discrimination in Federally Assisted Programs of
the Department of Transportation-Effectual of T~tle VI
of the civil Rights Act of 1964, and as said
Regulations may be amended
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 facilities thereon, and
hold ~he same as if said Lease had never been made or issued.
(1) Lessor reserves unto itself, its successors and
assigns, for the use and benefit of the flying public,
a right of flight for the passage of a~rcraft above the
surface of the Premises described herein, together with
the right to cause ~n said airspace such noise as may
be inherent in the operation of aircraft now known or
hereafter used, for navigation of or flight in the said
airspace, and for use of said airspace for landing on,
taking off from, or operating on the Airport.
(2) 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 provisions of the lease to the
Government, shall be suspended.
(3) 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 limit the usefulness or safety of the
Airport or constitute a hazard to aircraft or to
aircraft navigation.
(4) 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 in consideration of the covenants and
agreements herein contained to be kept by Lessee, does lease to
Lessee, and Lessee does hereby lease from Lessor the tract of land
as shown in Attachment "A", attached hereto and incorporated herein
by reference, described as follows:
For the purposes of this Lease, the term ,,Premises" shall mean
the property located within the land described above.
III. TERM
The term of this Lease shall be for a period of fifteen (15)
years, commencing on the day of , 1989, and
continuing through the __ day of , , unless
earlier terminated unde~ the provisions of the Lease.
IV. RENTALS AND PAYMENTS
Lessee covenants and agrees to pay to Lessor, as consideration
for this Lease, payments and rentals and fees as follows:
A. ~' Lessee shall pay to the Lessor rent for
the use and occupancy of the Premises for the first year of this
Lease the sum of per square foot per year, for a
Page 2
total of
, to be paid in two (2) equal installments
the sum of
each six (6) months, with the first payment to be made
execution of this Lease and the second payment due on or before
April 1, 1990. Thereafter, payments shall be due on October i and
April i of each year of the Lease.
B. ~nnual Rental Adgustments. For subsequent years, the
yearly rental shall be based on the All Urban Consumer Price Index
(CPI-U) for the Dallas/Fort Worth, Texas, Standard Metropolitan
Statistical Area, as compiled by the U.S. Department of Labor,
Bureau of Labor Statistics, using 1982 = 100 as the base period.
The rental for years subsequent to the initial year of this Lease,
shall be computed by dividing the sum of $ , the amount
of rent for the initial year of the Lease, by the index number for
., which is the first month of the initial year of
the Lease, then multiplying that amount by the index number of the
last published month immediately preceding the initial month of
each subsequent year of the Lease.
C. payment and Penalty. All payments made hereunder by Lessee
shall be made to Lessor at the offices of the Finance Department
of the Lessor of Denton, Accounts Receivable, 215 E. McKinney,
Denton, Texas 76201, unless Lessee is notified to the contrary in
writing by Lessor. Ail semi-annual rental payments, other than the
flrst rental, shall be due and payable as set forth in Section A
hereof and shall be paid by Lessee without demand or notice from
Lessor.
V. RIGHTS AND OBLIGATIONS OF LESSEE
A. f P e . Lessee is granted the right to use the
Premises for the storage of aircraft owned and operated by the
Lessee. Lessee may not use any portion of the Premises for any
other use.
B. General Access to Premises. subject to the reasonable
rules, regulations, or directives of Lessor, Lessee shall, in
common with others so authorized, have the nonexclusive right and
privilege over and through the Airport property and the right of
Ingress to and egress from the Premises for its employees, agents,
guests, and invitees, suppliers of materials and furnlshers of
serv1oes ·
C. ~/k~. During the Lease term, Lessee shall comply with
the following requirements and standards:
(1) ~. Lessee shall file with the Airport Manager
and keep current its mailing address, telephone
number(s) and contacts where 1ts authorized official
can be reached in an emergency.
(2) ~tllltles. Taxes And Fees. Lessee shall meet all
expenses and payments in connection with the use and
occupancy of the Premises and the rights and privileges
Page 3
herein granted, including the timely payments of
utilities, taxes, permit fees, license fees and
assessments lawfully levied or assessed Lessee herein
agrees to timely pay to all lawful taxing authorities
an ad valorem property tax on all ~mprovements
constructed by the Lessee on the Premises, and to
comply with all tax laws pertaining to the Premises,
including those promulgated ~n the future.
(3) ~ules. Reaulations and Restrictions. Lessee shall
comply with all laws, codes, ordinances, rules, and
regulations, either existing or those promulgated in
the future, by the Lessor, the County of Denton, the
State of Texas, the United States of America, and the
Federal Aviation Administration, or their successors
applicable to the Premises or use thereof. Lessee's
use of the Premises shall at all t~mes be ~n compliance
with and subject to any covenants, restrictions, and
conditions of record pertaining to the use and
occupancy of the Premises.
Lessee shall not operate or permit the operation of any
transmitter devices, electrical signal producers, or
machinery on the Premises which could interfere with
the electronic aircraft navigation a~ds or devices
located on or off Airport property. Lessee shall not
be permitted to engage in any bus,ness or operation on
the Premises which would produce obstructions to
visibility or violate height restrictions as set forth
by the Federal Aviation Admin~stratlon or the Lessor.
(4) Heiaht Restriction And Airspace Protection The Lessee
agrees for itself, its successors, and assigns to
restrict the height of structures, ob3ects of natural
growth and other obstructions on the Premises to a
height as established in City of Denton Ordinance 81-1,
as the same may be amended from tlme-to-t~me. The
Lessee also agrees for itself, ~ts successors, and
assigns to prevent any use of the Premises which would
interfere with landing or taking off of a~rcraft at the
Airport, or otherwise constitute an a~rport hazard.
Lessee hereby forfeits all claims to aviation r~ghts
over the Premises.
(5) t~. Lessee shall be responsible for all
maintenance and repair of the Premises, ~nclud~ng
buildings, structures, grounds, pavements, and
utilities. Lessee shall be responsible for grass
cutting, collection and removal of trash and for such
other maintenance requirements as may arise. Lessee
agrees to keep the Premises, together with all
improvements, in a safe, clean and attractive condition
at all times. Lessee shall not change the original
color or texture of the exterior walls of any
Page 4
structures or improvements without the written consent
of Lessor.
(a) ~aintlna of Buildinas. During the ter~ of this
Lease, Lessor shall have the right to require, not
more than once every five years, that the exterior
of each hangar or building located on the Premises
be reviewed by the Airport Board for the purpose
of determining whether painting of the exteriors
of such buildings or hangars is necessary. If the
Airport Board determines painting is necessary, it
shall furnish a recommendation to this effect to
the city Council. The Council, may, upon the
Board's recommendation, require Lessee to repaint
said exteriors according to Lessor's specifications
(to specify color of paint, quality of paint,
number of applications, quality of workmanship and
the year and month in which each hangar or building
is to be painted, if needed). Lessee shall
complete the painting in accordance with such
specifications within slx (6) months of receipt of
notice from Lessor. Lessee agrees to pay all costs
of the required painting. Failure of Lessee to
complete the painting required by Lessor's city
Council within the six (6) month period shall
constitute Lessee's default under this Lease.
(b) ~LF~g~. Lessee shall not utilize or permit others
to utilize the Premises for the storage of wrecked
or permanently disabled aircraft, aircraft parts,
automobiles, vehicles of any type, or any other
equipment or items which would distract from the
appearance of the Premises.
(6) tQ~_.~~. Lessee shall quit possession of the
Premises at the end of this Lease, and deliver up the
Premises to Lessor in as good condition as existed when
possession was taken by Lessee, reasonable wear and
tear excepted.
(7) C_D~L~- Lessee shall properly store, collect and
dispose of all chemicals and chemical residues,
properly store, confine, collect and dispose of all
paint, including paint spray in the atmosphere, and
paint products; and comply with all local, state and
federal laws and regulations governing the storage,
handling or disposal of chemicals and paints. Lessee
shall not utilize, store, dispose, or transport any
material, fluids, solids or gaseous substances on the
Premises which are considered by the Environmental
Protection Agency to be a hazard to the health of the
general public and undertake any activity on the
Premises that would produce noxious odors.
Page 5
(8) ~t~. Lessee shall not place any signs on the
premises identifying Lessee.
(9) USe of Runways and Taxiwavs. That because of the
present fifteen thousand (15,000) pound continuous use
weight bearing capacity of the taxiways of the Airport,
Lessee shall limit all aeronautical activity Including
landing, take-off and taxiing, to aircraft having an
actual weight, including the weight of 1ts fuel, of
fifteen thousand (15,000) pounds or less, until such
time that the designated taxlways on the Alrport have
been improved to handle aircraft of a greater weight.
Should Lessee disregard the provisions of this section,
Lessor may immediately terminate this Lease. Lessee
agrees to pay to Lessor upon demand for any damage, as
determined by Lessor, to Airport property that results
from a violation of this section.
(10) r~_~. The parking of motor vehicles on Airport
property by Lessee, Lessee's guests or lnvltees, shall
be subject to any regulations, restrictions or
directions imposed by Lessor.
C. ~0nnection to Utilities. Lessee may connect to any exist-
ing water mains serving the Premises, in accordance with and upon
payment of any tap or connection fees, as specified by Lessor's
ordinances applicable to utility customers, provided, however,
Lessee shall not be liable to Lessor for any water or sewer pro
rata payments as a result of the connections made
VI. RIGHTS AND OBLIGATIONS OF LESSOR
A. ~eaceful EnJovment. 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 premises and all rights and prlvileges here~n granted.
B. ~ Lessor shall have the right to establish
easements, at no cost to Lessee, upon the Premises for the purpose
of providing 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 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 at the conclusion
of such construction. Lessee shall not have the right to levy
fees, charges, or receive any compensation for any exercised right
of easement by Lessor or Lessor's authorized agent
VII. LEASEHOLD AND TAXIWAY iMPROVEMENTS
A. Improvements bv Lessee. Lessee shall construct upon the
Premises, at his own cost and expense, an a~rcraft storage hanger
and connecting taxlway which shall meet a fifteen thousand (15,000)
pound continuous use weight bearing capacity.
Page 6
B. Required Buildina Plans. Lessee shall, prior to
constructing any improvements on the Premises, submit to the Lessor
for its approval, detailed construction and building plans and
specifications for the proposed improvements. The required plat
and plans shall be submitted in the form and manner specified by
Lessor~S ordinances and Lessee shall, at the time of submission,
pay all processing, permit, and approval fees applicable thereto,
as specified by Lessor~s ordinances. Any building, hanger, or
other improvement plans and specifications submitted for initial
construction, or any additional improvements to be made thereafter,
shall conform to the following requirements:
(1) Buildings, hangers, or structures shall conform with
and be compatible with the overall size, shape, color,
quality, design, appearance, and general plan of the
program established by the Lessor~s Master Plan for the
Airport, as approved by the city Council, copies which
are on file at the office of the Airport Manager and
the city Secretary.
(2) The regulations and requirements of the Lessor~s
Building, Fire, Electrical, Plumbing, and other
applicable Codes and ordinances of Lessor applicable
to the improvements to be made.
(3) All buildings, including hangers, shall be designed and
constructed so as to have an anticipated life of at
least fifteen (15) years.
(4) Any rules or regulations of any Federal or State agency
having jurisdiction thereof.
(5) Contain the estimated cost of the construction of the
improvements to be made.
(6) Ail hangars shall be constructed on a concrete slab.
C. ADDroval of Plans. within sixty (60) days of proper
submission of the plans, and payment of the applicable fees, Lessor
shall approve or disapprove the plans. Should Lessor fail to
approve or disapprove of the required plans within the sixty (60)
days, the plans shall be deemed approved. Should the Lessor timely
disapprove the plans, it shall give notice to the Lessee of the
reason for the disapproval. No construction of any improvements
shall begin until and unless the plans and specifications are
approved by Lessor.
D. Airplane Taxiwav Access. Lessee shall be responsible for
the maintenance of the taxiway access provided, and shall keep the
taxlway in good condition, free of obstructions and defects. The
use of the improved taxiway access shall be subject to the
reasonable rules, regulations, or d~rect~ves of Lessor.
E. Riaht of Lessor to Purchase Hanaar or Buildln~. In the
event that Lessee should elect to sell his hangar situated upon the
Page 7
Premises at the time Lessee has the authority to do so, Lessor
shall first be offered the right to purchase the improvements at
a value determined by having such improvements appraised by three
appraisers, one appointed by Lessor, one appointed by Lessee, and
one appointed by the two appraisers. The costs of the appraisal
shall be paid by Lessor. Within sixty (60) days of the delivery
of a written appraisal report by the appraisers to Lessor, shall
notify Lessee in writing of its decision to purchase all or part
of the hangers or buildings to be sold. If Lessor exercises its
right to purchase, it shall make payment to Lessee of the appraised
value of the buildings or hangers to be purchased within thirty
(30) days of the written notice.
F. Removal of Hanaars. In the event that Lessee should remove
the hangar from the Premises, where such removal is authorized by
this Lease, Lessee herein agrees to comply with the following
terms:
(1) Prior to commencing the hangar removal process, the
Lessee and Lessor shall agree on the best method to
remove the building, including where to cut water
lines, electrical wire, plumbing and other fixtures or
utilities, so as to cut said fixtures to allow the
future use of these fixtures.
(2) The hangar shall be removed completely from the surface
of the concrete slab and up, with the exception of cut
utility lines. All interior fixtures shall be removed
including sinks, commodes, divlding walls and all other
items or fixtures that would prevent the concrete slab
from being as free as possible from all obstructions
(3) Removal of hangars shall begin and be completed prior
to Lessee's designated termination date.
(4) The hangar slab, the aircraft parklng apron, the
taxiway, and all other improvements on the Premises
shall remaln on the Premises and shall become the
property of the Lessor without cost to Lessor.
(5) Lessee shall be responslble for the removal of all
refuse and debris from the Premises prior to vacating
the Premises.
(6) Lessee shall be responsible for all costs involved ~n
the removal of the hangar, including costs of permits
or fees.
(7) Lessee shall be responsible for any damage caused to
any improvements on the Premises during the removal
process, and Lessee herein agrees to repair or replace,
at Lessee's expense, any 1mprovements damaged by Lessee
during the removal of said structures.
Page 8
VIII. SUBROGATION OF MORTGAGEE
Lessee shall have the right to place a first mortgage lien
upon its leasehold in an amount not to exceed eighty percent (80%)
of the cost of the capital improvements. The terms and conditions
of such mortgage loan shall be subject to the approval of Lessor
and Lessee shall submit copies of the loan documents, including the
loan application, to Lessor. If Lessor approves the loan, Lender's
duties and rights are as follows:
(1) The Lender shall have the right, in case of default, to
assume the rights and obligations of Lessee hereln and
become a substituted Lessee, with the further right to
assign the Lessee's interest to a third party, subject to
approval of Lessor. Lender's obligations under this Lease
as substituted Lessee shall cease upon assignment to a
third party as approved by Lessor
(2) As a condition precedent to the exercise of the right
granted to Lender by this paragraph, Lender shall notify
Lessor of all action taken by it in the event payments on
such loans shall become delinquent. Lender shall also
notify Lessor, in writing, on any change in the identity
or address of the Lender.
(3) Ail notices required by Article XI herein (Cancellation
by Lessor) to be given by Lessor to Lessee shall also be
given by Lessor to Lender at the same time and in the same
manner provided Lessor has been furnished with written
notice of Lender's interest and ~ts address. Such not,ce
shall be given to the City Secretary and the Airport
Manager. Upon receipt of such notice, Lender shall have
the same rights as Lessee to correct any default.
IX. INSURANCE
A. Lessee shall maintain continuously 1n effect at all times
during the term of this Lease or any extension thereof, at Lessee's
expense, the following insurance coverage:
(1) Comprehensive General L~ab~lity Insurance covering the
Premises, the Lessee, ~ts personnel and its operations
on the Airport, for bodily injury and property damage
in the minimum amount of $250,000, combined single
limits on a per occurrence basis.
(2) Fire and extended coverage for replacement value for
all facilities used by the Lessee either as a part of
this Lease or erected by the Lessee subsequent to the
execution of this Lease.
B. Ail policies shall be issued by a company authorized to do
business in the State of Texas, be approved by the Lessor, copies
of which shall be provided to Lessor. The policies shall name the
Lessor as an additional named insured and shall provide for a
Page 9
minimum of thirty (30) days written notice to the Lessor prior to
the effective date of any cancellation or lapse of such policies
C. During the term of this Lease, and not more often than once
every five (5) years, Lessor herein reserves the right to adjust
or increase the liability insurance amounts required of the Lessee,
and to require any 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 requirements shall be commensurate with insurance
requirements at other public use airports similar to the Airport
in size and in scope of aviation activities, located in the
southwestern region of the United States. For the purpose of this
Lease, the Southwestern region of the United States shall be the
states classified as the Southwestern region by the Federal
Aviation Administration.
D. Lessee herein agrees to comply with all Increased 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 within sixty (60) days
following receipt of a notice in writing from Lessor stating the
increased or ad]usted insurance requirements. Lessee shall have
the right to maintain in force types of insurance and amounts of
Insurance which exceed Lessor's minimum insurance requirements.
X. INDEMNITY
A. Lessee agrees to indemnify and hold harmless Lessor and 1ts
agents, employees, and representatives from and against all lia-
bility for any and all claims, suits, demands, or actions arising
from or based upon intentional or negligent acts or omissions on
the part of Lessee, its agents, representatives, employees, mem-
bers, patrons, visitors, contractors and subcontractors, or
sublessees, if any, which may arise out of or result from Lessee's
occupancy or use of the Premises or activities conducted in
connection with or incidental to this Lease.
B. This Indemnity Provision also extends to any claim or
llablllty for harm, injury, or any damaging events which are
directly or indirectly attributable to premise defects or
conditions which may now exist or whlch may hereafter arise upon
the Premises, any and all such defects being expressly waived by
Lessee. Lessee understands and agrees that th~s Indemnity
Provision shall apply to any and all claims, suits, demands, or
actions based upon or arising from any such claim asserted by or
on behalf of Lessee or any of its members, patrons, visitors,
agents, employees, contractors and subcontractors, or sublessees,
if any.
C. Lessee agrees to give the Lessor prompt and timely notice
of any such claim made or suit instituted which in any way,
directly or indirectly, contingently or otherwise, affects or might
affect the Lessee or the Lessor. Lessee further agrees that this
Page 10
Indemnity Provision shall be considered as an additional remedy to
Lessor and not an exclusive remedy.
XI. CANCELLATION BY LESSOR
All the terms, restrictions, covenants, and conditions
pertaining to the use and occupancy of the Premises are conditions
of this Lease and the failure of the Lessee to comply with any of
the terms, conditions, restrictions, covenants, and conditions
shall be considered a default of this Lease, and upon default, the
Lessor shall have the right to invoke any one or all of the
following remedies.
A. In the event that Lessee fails to comply with any of the
terms, conditions, restrictions and covenants contained ~n this
Lease, such failure shall constitute an event of default under the
Lease, and Lessor shall give Lessee notice of said breach, and
request Lessee to cure or correct the same. Should Lessee fail to
correct said violation(s) or breach within thirty (30) days
following receipt of said notice, then Lessor shall have the right
to terminate this Lease. Should this Lease be terminated by Lessor
for failure of Lessee to correct said breach or violation within
the thirty (30) day cure time, Lessee shall forfeit all rights to
all improvements on the Premises and all improvements on the
Premises shall become the property of the Lessor.
B. In addition to termination of this Lease for the breach of
terms and conditions herein, the Lessor shall have the right to
terminate this Lease for the following reasons:
(1) In the event that Lessee shall file a voluntary
petition in bankruptcy or proceedings in bankruptcy
shall be instituted against Lessee 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 if a receiver shall take jurisdiction of Lessee and
its assets pursuant to proceedings brought under the
provisions of any federal reorganization act; or if a
receiver for Lessee's assets is appointed.
(2) In the event that Lessee should make an assignment of
this Lease, for any reason, without the approval of and
written consent from Lessor.
C. Upon termination or cancellation of this Lease and provided
all monies due Lessor have been paid, Lessee shall have the right
to remove its personal property, provided such removal does not
cause damage to any part of the hangar, structure or improvements.
Lessee shall remove all personal property from the Premises within
ten (10) days after the termination. If Lessee fails to remove
1ts personal property as agreed, Lessor may elect to retain
posseesion of such property or may sell the same and keep the
Page 11
proceeds, or may have such property removed at the expense of
Lessee.
Where, upon termination of the Lease, the fixed improvements
become the property of Lessor as provided herein, Lessee shall
repair, at its own expense, any damage to the fixed improvements,
resulting from the removal of personal property and shall leave
the Premises in a neat and clean condition with all other
improvements in place.
E. Failure of Lessor to declare this Lease terminated upon the
default of Lessee for any of the reasons set out shall not operate
to bar, destroy, or waive the right of Lessor to cancel this Lease
by reason of any s~bsequent violation of the terms hereof. The
acceptance of rentals and fees by Lessor for any period or periods
after a default of any of the terms, covenants, and conditions
herein contained to be performed, kept, and observed by Lessee
shall not be deemed a waiver of any rights on the part of the
Lessor to cancel this Lease for failure by Lessee to so perform,
keep or observe any of the terms, covenants or conditions hereof
to be performed, kept and observed.
XII. CANCELLATION BY LESSEE
Lessee may cancel this Lease, 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 preventing or restraining the
use of said Airport or any part thereof for Airport
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 of ninety (90) days after receipt of
a written notlce of the existence of such breach;
(3) the inability of Lessee to use the Premises and facllitles
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 ]urlsdictlon
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 of the Premises for
the maintenance and operation of said Airport and
facilities or any substantial part or parts thereof.
Upon the happening of any of the four events listed ~n the
preceding paragraph, such that the Premises cannot be used for
authorized purposes, then Lessee may cancel this Lease as afore-
said, or may elect to continue this Lease under 1ts terms.
Page 12
XIII. OPTION
Lessee shall have a first option to lease the premises for an
additional term at the end of this Lease by giving the Lessor
notice, in writing, not later than six (6) months before the end
of the fifteen (15) year term. Should Lessee choose to exercise
such option, he shall have the right to sign a new lease for five
(5) years for the Premises at the then current land rental rates
established by Lessor.
XIV. MISCELLANEOUS PROVISIONS
A. Subletting or AssiGnment. The Lessee shall not rent, or
sublease the Premises or assign this Lease without first obtaining
the written consent of Lessor. If approved by Lessor any sublessee
or assignee shall be subject to the same conditions, obligations
and terms as set forth herein.
B. Le~se Binding on Successors and ASSIGns. All covenants,
agreements, provisions and conditions of this Lease shall be
binding upon and inure to the benefit of the respective parties
hereto and their legal representatives, successors or assigns. No
modification of this Lease shall be binding upon either party
unless written and signed by both part~es.
C. ~. If any provision hereof shall be finally
declared void or illegal by any court or administrative agency
having jurisdiction, the entire Lease 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 Lease shall be in writing and shall be sent
by registered mail, return receipt requested, with postage and
registration fees prepaid, as follows.
If to Lessor, addressed to: If to Lessee, addressed to.
city Manager
city of Denton
215 E. McKinney
Denton, Texas 76201
Notices shall be deemed to have been received on the date of
receipt as shown on the return receipt.
G. HeadinGs. The headings used in this Lease are intended
for convenience of reference only and do not define or limit the
scope or meaning of any provision of this Lease.
H. ~1~. This Lease is to be construed in accordance
with the laws of the State of Texas.
Page 13
IN WITNESS W~EREOF, the parties have executed thls Lease as
of the day and year first above written.
CITY OF DENTON, TEXAS, LESSOR
BY:
LLOYD HARRELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
LESSEE
BY.
TITLE.
C:~WP50\PADSITE.1
Page 14
2785L
RESOLUTION NO.'~__~_~
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CERTAIN
AIRPORT LEASES FOR PAD SITES FOR T-HANGARS AT THE DENTON MUNICIPAL
AIRPORT UNDER CERTAIN CIRCUMSTANCES, REPEALING RESOLUTION 89-069,
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Airport Manager has received several requests
from individuals desirous of leasing pad sites at the southeast
corner of the Denton Municipal Airport for erection and mainte-
nance of T-hangars, and
WHEREAS, the City Manager and Airport Advisory Board recom-
mend that the lease form attached hereto as Exhibit "A", and
zncorporated by reference herein be used as the standard lease
form for such pad site lease agreements, and
WHEREAS, the Airport Advisory Board and the City Manager
recommend that the pad sites as reflected on the attached Exhibit
"B" be leased at twelve cents per square foot, the rental rate as
specified in the Airport Master Plan, and
WHEREAS, the City Council having received the recommendations
of the Airport Advisory Board and City Manager and having found
that it is in the best interest of the City to authorize the city
Manager to execute said leases in the form and under the
conditions as contained in the attachments, and
WHEREAS, the programming branch of the Federal Aviation
Administration having reviewed said lease form and recommended
several changes thereto, which changes are acceptable to the Czty
Manager and the City Attorney, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
SECTION I. That the City Manager is hereby authorized to
execute lease agreements, in the form as set forth in Exhibit "A",
for the rental of the real property located and highlighted on
Exhibit "B" and at the rate of twelve cents per square foot.
SECTION II. That Resolution 89-069, adopted by the City
Council on the 3rd day of October, 1989, is hereby repealed and
the City Secretary shall inscribe on said Resolution 89-069 a
statement that this subsequent Resolution shall be controlling
SECTION III. That this Resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the~_~_~ day of ~~_~ ,
1989.
J~IFER~WALTERS, CITY SECRETLY
APPROVED AS TO LEGAL FORM'
DEB~ ~I D~Y0~TCH, CITY ATTORNEY
PAGE 2
EXHIBIT "A"
THE STATE OF TEXAS § PAD SITE AIRPORT LEASE BETWEEN THE
COUNTY OF DENTON § CITY OF DENTON AND
Thls agreement, hereinafter referred to as "Lease" is made and
executed this day of , 19 ., at Denton, Texas,
by and between the CITY OF DENTON, a municipal corporation of the
State of Texas, hereinafter referred to as "Lessor", and
hereinafter referred to as "Lessee"
I. CONDITIONS OF LEASE
A. Non-Discrimination. The Lessee, for himself, his personal
representatives, successors in Interest, and assigns, as a part of
the consideration hereof, does hereby covenant and agree as a
covenant running with the land that:
(1) No person on the grounds of race, color, or national
origin shall be excluded from participation in, denied
the benefits of, or otherwise be 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 requirements imposed by or pursuant to Title 49,
Code of Federal Regulations, Department of Transpor-
tation, Subtitle A, Office of the Secretary, Part 21,
Non-discrimination in Federally Assisted Programs of
the Department of Transportation, and as said
Regulations may be amended.
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 facilities thereon, and
hold the same as if said Lease had never been made or Issued.
(1) Lessor reserves unto itself, its successors and
assigns, for the use and benefit of the flying public,
a right of flight for the passage of aircraft above the
surface of the Premises described herein, together with
the right to cause in said airspace such noise as may
be inherent in the operation of aircraft now known or
hereafter used, for navigation of or flight in the said
airspace, and for use of said airspace for landing on,
taking off from, or operating on the Airport.
(2) 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 provisions of the lease to the
Government, shall be suspended.
(3) 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 limit the usefulness or safety of the
Airport or constitute a hazard to aircraft or to
aircraft navigation.
(4) 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 in consideration of the covenants and
agreements herein contained to be kept by Lessee, does lease to
Lessee, and Lessee does hereby lease from Lessor the tract of land
as shown in Attachment "A", attached hereto and incorporated herein
by reference, described as follows:
For the purposes of this Lease, the term "Premises" shall mean
the property located within the land described above.
III. TERM
The term of this Lease shall be for a period of fifteen (15)
years, commencing on the day of , 1989, and
continuing through the __ day of , , unless
earlier terminated under the provisions of the Lease.
IV. RENTALS AND PAYMENTS
Lessee covenants and agrees to pay to Lessor, as consideration
for this Lease, payments and rentals and fees as follows.
Page 2
A. ~. Lessee shall pay to the Lessor rent for
the use and occupancy of the Premises for the first year of this
Lease the sum of per square foot per year, for a
total of
, to be paid in two (2) equal installments in
the sum Of
each six (6) months, with the first payment to be made upon
execution of this Lease and the second payment due on or before
1. 19 . Thereafter, payments shall be due on 1
and i of each year of the Lease.
B. Annual AdPustments to Rent. For subsequent years, as
promptly as practicable after the end of each lease year, Lessor
shall compute the percentage of increase, if any, in the cost of
living during the period between the beginning date and the date
of each anniversary thereof during the term of this Lease,
based upon the changes in the Consumer Price Index for Urban Wage
Earners and Clerical Workers U.S. Average (1967=100) (herein
called "Consumer Price Index"), as determined by the United States
Department of Labor, Bureau of Labor Statistics for "Ail Items".
It ~s agreed that the Consumer Price Index Number at the
commencement date of this Lease is ( , 19 )
(herein called "Base Index Number"). If the Consumer Price Index
Number for the month in which any such annual anniversary of the
beglnn~ng date shall occur (each such number being hereln called
an "Anniversary Index Number") is higher than the Base Index
Number, then such Anniversary Index Number shall be divided by the
Base Index Number and from the quotient thereof shall be subtracted
the integer one (1). The resulting number, multiplied by one
hundred, shall be deemed to be the percentage of increase in the
cost of living. Such percentage of change shall be multiplied by
the Basic Rental and the product thereof shall be added to the
Baslc Rental to determine the annual rental payable for the next
one year period commencing on the immediately preceding anniversary
of the beginning date (such amount being herein sometimes called
"Adjusted Basic Rental").
Such Adjusted Baslc Rental shall be calculated in the above manner
during each subsequent year of the Lease Term. Lessor shall,
within a reasonable time after obtainIng the approprlate data
necessary for computing any change in the annual rent, give Lessee
not~ce of any change so determined. Lessee shall notify Lessor of
any c~aimed error therein within thirty (30) days after receipt of
such notice. If publication of the Consumer Price Index shall be
discontinued, the parties hereto shall thereafter accept the
comparable statistics on the cost of living for the City of Dallas,
Texas, as they shall be computed and published by an agency of the
United States or by a responsible f~nancial periodical of
recognized authority, then to be selected by the parties hereto.
As an example, only, of the foregoing adjustment:
a. Assume Basic Rental is per acre $100.00 per year,
b. Assume Basic Index Number is 200,
Page 3
c. Assume Anniversary Index Number on the anniversary date of
the commencement date is 300,
then,based upon the foregoing, the Annual Basic Rental shall
be:
Anniversary Index Number 300 Divided by Base Index Number 200=
1.5 - i = .5 X 100 = 50 = 50%
50% x 100 = 50.00
50.00 + 100.00 = 150.00 Adjusted Basic Rental.
If there is no increase in the Consumer Price Index, the rental
shall remain at the rate of the previous year.
C. pavment and PenaltY. All payments made hereunder by Lessee
shall be made to Lessor at the offices of the Finance Department
of the Lessor of Denton, Accounts Receivable, 215 E McKinney,
Denton, Texas 76201, unless Lessee is notified to the contrary in
writing by Lessor. Ail semi-annual rental payments, other than the
first rental, shall be due and payable as set forth in Section A
hereof and shall be paid by Lessee without demand or notice from
Lessor.
V. RIGHTS AND OBLIGATIONS OF LESSEE
A. e s . Lessee is granted the right to use the
Premises for the storage of aircraft owned or leased and operated
by the Lessee. Lessee may not use any portion of the Premises for
any other use.
B. General Access to Premises. Subject to the reasonable
rules, regulations, or directives of Lessor, Lessee shall, in
common with others so authorized, have the nonexcluslve right and
privilege over and through the Airport property and the right of
ingress to and egress from the Premises for its employees, agents,
guests, and invitees, suppliers of materials and furnishers of
services.
C. Standards. During the Lease term, Lessee shall comply with
the following regulrements and standards:
(1) Address. Lessee shall file with the Airport Manager
and keep current 1ts mailing address, telephone
number(s) and contacts where 1ts authorized official
can be reached in an emergency.
(2) Utilities. Taxes And Fees. Lessee shall meet all
expenses and payments in connection with the use and
occupancy of the Premises and the rights and privileges
herein granted, including the timely payments of
utilities, taxes, permit fees, license fees and
assessments lawfully levied or assessed. Lessee herein
agrees to timely pay to all lawful taxlng authorities
an ad valorem property tax on all improvements
constructed by the Lessee on the Premises, and to
Page 4
comply with all tax laws pertaining to the Premises,
including those promulgated in the future.
(3) Rule~, ~eaulations and Restrictions. Lessee shall
comply with all laws, codes, ordinances, rules, and
regulations, either existing or those promulgated in
the future, by the Lessor, the County of Denton, the
State of Texas, the United States of America, and the
Federal Aviation Administration, or their successors
applicable to the Premises or use thereof. Lessee's
use of the Premises shall at all times be in compliance
with and subject to any covenants, restrictions, and
conditions of record pertaining to the use and
occupancy of the Premises.
Lessee shall not operate or permit the operation of any
transmitter devices, electrical signal producers, or
machinery on the Premises which could interfere with
the electronic aircraft navigation aids or devices
located on or off Airport property. Lessee shall not
be permitted to engage in any business or operation on
the Premises which would produce obstructions to
visibility or violate height restrictions as set forth
by the Federal Aviation Administration or the Lessor.
(4) Heiaht Restriction And Airspace Protection. The Lessee
agrees for itself, its successors, and assigns to
restrict the height of structures, objects of natural
growth and other obstructions on the Premises to a
height as established in City of Denton Ordinance 81-1,
as the same may be amended from time-to-time. The
Lessee also agrees for itself, lts successors, and
assigns to prevent any use of the Premises which would
interfere with landing or taking off of aircraft at the
Airport, or otherwise constitute an airport hazard
Lessee hereby forfeits all claims to avlation rights
over the Premises.
(5) ~. Lessee shall be responsible for all
maintenance and repair of the Premises, including
buildings, structures, grounds, pavements, and
utilities. Lessee shall be responsible for grass
cutting, collection and removal of trash and for such
other maintenance requirements as may arise. Lessee
agrees to keep the Premises, together with all
improvements, in a safe, clean and attractive condition
at all times. Lessee shall not change the original
color or texture of the exterior walls of any
structures or improvements without the written consent
of Lessor.
(a) Paintin* of Buildin,s. During the term of this
Lease, Lessor shall have the right to require, not
more than once every five years, that the exterior
of each hangar or building located on the Premises
Page 5
be reviewed by the Airport Board for the purpose
of determining whether painting of the exteriors
of such buildings or hangars is necessary. If the
Airport Board determines painting is necessary, it
shall furnish a recommendation to this effect to
the City Council. The Council, may, upon the
Board's recommendation, require Lessee to repaint
said exteriors according to Lessor's specifications
(to specify color of paint, quality of paint,
number of applications, quality of workmanship and
the year and month in which each hangar or building
is to be painted, if needed). Lessee shall
complete the painting in accordance with such
specifications within SlX (6) months of receipt of
notice from Lessor. Lessee agrees to pay all costs
of the required painting. Failure of Lessee to
complete the painting required by Lessor's City
Council within the slx (6) month period shall
constitute Lessee's default under this Lease.
(b) Storage. Lessee shall not utilize or permit others
to utilize the Premises for the storage of wrecked
or permanently disabled aircraft, aircraft parts,
automobiles, vehicles of any type, or any other
equipment or items which would distract from the
appearance of the Premises.
(6) Q~lt Possession. Lessee shall quit possession of the
Premises at the end of this Lease, and deliver up the
Premises to Lessor in as good condition as existed when
possession was taken by Lessee, reasonable wear and
tear excepted.
(7) Chemicals. Lessee shall properly store, collect and
dispose of all chemicals and chemical residues;
properly store, confine, collect and dispose of all
paint, including paint spray in the atmosphere, and
paint products; and comply with all local, state and
federal laws and regulations governing the storage,
handling or disposal of chemicals and paints. Lessee
shall not utilize, store, dispose, or transport any
material, fluids, solids or gaseous substances on the
Premises which are considered by the Environmental
Protection Agency to be a hazard to the health of the
general public and undertake any activity on the
Premises that would produce noxious odors.
(8) Signs. Lessee shall not place any signs on the
premises identifying Lessee.
(9) US~ of Runways and Taxiwavs. That because of the
present fifteen thousand (15,000) pound continuous use
weight bearing capacity of the taxiways of the Airport,
Lessee shall limit all aeronautical activity including
landing, take-off and taxiing, to aircraft having an
Page 6
actual weight, including the weight of its fuel, of
fifteen thousand (15,000) pounds or less, until such
time that the designated taxiways on the Airport have
been improved to handle aircraft of a greater weight
Should Lessee disregard the provisions of this section,
Lessor may immediately terminate this Lease. Lessee
agrees to pay to Lessor upon demand for any damage, as
determined by Lessor, to Airport property that results
from a violation of this section.
(10) Parking. The parking of motor vehicles on Airport
property by Lessee, Lesseets guests or invltees, shall
be subject to any regulations, restrictions or
directions imposed by Lessor.
C. Connection to Utilities. Lessee may connect to any exist-
lng water mains serving the Premises, in accordance with and upon
payment of any tap or connection fees, as specified by Lessorts
ordinances applicable to utility customers, provided, however,
Lessee shall not be liable to Lessor for any water or sewer pro
rata pa~rments as a result of the connections made.
VI. RIGHTS AND OBLIGATIONS OF LESSOR
A. Peaceful En4ovment. That on payment of rent, fees, and
performance of the covenants and agreements on the Dart of Lessee
to be performed hereunder, Lessee shall peaceably hold and enjoy
the Premises and all rights and privileges herein granted.
B. ~sements. Lessor shall have the right to establish
easements, at no cost to Lessee, upon the Premises for the purpose
of prOViding utility services to, from, or across the Airport
property or for the constr~ction of public facilities on the
Airport. However, any such easements shall not interfere with
Lessee~s use of the Premises and Lessor shall restore the property
to 1ts original condition upon the installation of any utility
services on, in, over or under any such easement at the conclusion
of such construction. Lessee shall not have the right to levy
fees, charges, or receive any compensation for any exercised right
of easement by Lessor or Lessor~s authorized agent.
VII. LEASEHOLD AND TAXIWA¥ IMPROVEMENTS
A. ImDrovements by Lessee. Lessee shall construct upon the
Premises, at his own cost and expense, an aircraft storage hanger
and connecting taxiway which shall meet a fifteen thousand (15,000)
pound continuous use weight bearing capacity.
B. Required Buildin~ Plans. Lessee shall, prior to
constructing any improvements on the Premises, submit to the Lessor
for its approval, detailed construction and building plans and
specifications for the proposed improvements. The required plat
and plans shall be submitted in the form and manner specified by
Lessor~s ordinances and Lessee shall, at the time of submission,
pay all processing, permit, and approval fees applicable thereto,
Page 7
as specified by Lessor's ordinances. Any building, hanger, or
other Improvement plans and specifications submitted for initial
construction, or any additional improvements to be made thereafter,
shall conform to the following requirements:
(1) Buildings, hangers, or structures shall conform with
and be compatible with the overall size, shape, color,
quality, design, appearance, and general plan of the
program established by the Lessor's Master Plan for the
Airport, as approved by the City Council, copies which
are on file at the Office of the Airport Manager and
the city Secretary.
(2) The regulations and requirements of the Lessor's
Building, Fire, Electrical, Plumbing, and other
applicable Codes and ordinances of Lessor applicable
to the improvements to be made.
(3) Ail buildings, including hangers, shall be designed and
constructed so as to have an anticipated life of at
least fifteen (15) years.
(4) Any rules or regulations of any Federal or State agency
having jurisdiction thereof.
(5) Contain the estimated cost of the construction of the
improvements to be made.
(6) Ail hangars shall be constructed on a concrete slab.
C. APProval of Plans. Within sixty (60) days of proper
submission of the plans, and payment of the applicable fees, Lessor
shall approve or disapprove the plans. Should Lessor fall to
approve or disapprove of the required plans within the sixty (60)
days, the plans shall be deemed approved. Should the Lessor timely
disapprove the plans, it shall give notice to the Lessee of the
reason for the disapproval. No construction of any improvements
shall begin until and unless the plans and specifications are
approved by Lessor.
D. Airmlane Taxiwav Access. Lessee shall be responsible for
the maintenance of the taxiway access provided, and shall keep the
taxlway in good condition, free of obstructions and defects. The
use of the improved taxiway access shall be subject to the
reasonable rules, regulations, or directives of Lessor.
E. Riaht of Lessor to Purchase Hanaar or Building. In the
event that Lessee should elect to sell his hangar situated upon the
Premises at the time Lessee has the authority to do so, Lessor
shall first be offered the right to purchase the improvements at
a value determined by having such improvements appraised by three
appraisers, one appointed by Lessor, one appointed by Lessee, and
one appointed by the two appraisers. The costs of the appraisal
shall be paid by Lessor. Within sixty (60) days of the delivery
of a written appraisal report by the appraisers to Lessor, shall
Page 8
notify Lessee in writing of its decision to purchase all or part
of the hangers or buildings to be sold. If Lessor exercises its
right to purchase, it shall make payment to Lessee of the appraised
value of the buildings or hangers to be purchased within thirty
(30) days of the written notice.
F. Removal of Hanaars. In the event that Lessee should remove
the hangar from the Premises, where such removal is authorized by
this Lease, Lessee herein agrees to comply with the following
terms=
(1) Prior to commencing the hangar removal process, the
Lessee and Lessor shall agree on the best method to
remove the building, including where to cut water
lines, electrical wire, plumbing and other fixtures or
utilities, so as to cut said fixtures to allow the
future use of these fixtures.
(2) The hangar shall be removed completely from the surface
of the concrete slab and up, with the exception of cut
utility lines. Ail inter,or fixtures shall be removed
including sinks, commodes, dividing walls and all other
items or fixtures that would prevent the concrete slab
from being as free as possible from all obstructions.
(3) Removal of hangars shall begin and be completed prior
to Lessee~s designated termination date.
(4) The hangar slab, the aircraft parking apron, the
taxiway, and all other improvements on the Premises
shall remain on the Premises and shall become the
property of the Lessor without cost to Lessor.
(5) Lessee shall be responsible for the removal of all
refuse and debris from the Premises prior to vacating
the Premises.
(6) Lessee shall be responsible for all costs involved ~n
the removal of the hangar, including costs of permits
or fees.
(7) Lessee shall be responsible for any damage caused to
any improvements on the Premises during the removal
process, and Lessee herein agrees to repair or replace,
at Lessee~s expense, any improvements damaged by Lessee
during the removal of said structures.
VIII. SUBROGATION OF MORTGAGEE
Lessee shall have the right to place a first mortgage lien
upon its leasehold in an amount not to exceed eighty percent (80%)
of the cost of the capital improvements. The terms and conditions
of such mortgage loan shall be subject to the approval of Lessor
and Lessee shall submit copies of the loan documents, including the
Page 9
loan application, to Lessor. If Lessor approves the loan, Lender's
duties and rights are as follows:
(1) The Lender shall have the right, in case of default, to
assume the rights and obligations of Lessee herein and
become a substituted Lessee, with the further right to
assign the Lessee'e interest to a third party, subject to
approval of Lessor. Lender's obligations under this Lease
as substituted Lessee shall cease upon assignment to a
third party as approved by Lessor.
(2) As a condition precedent to the exercise of the right
granted to Lender by this paragraph, Lender shall notify
Lessor of all action taken by it in the event payments on
such loans shall become delinquent. Lender shall also
notify Lessor, in writing, on any change in the identity
or address of the Lender.
(3) All notices required by Article XI herein (Cancellation
by Lessor) to be given by Lessor to Lessee shall also be
given by Lessor to Lender at the same time and in the same
manner provided Lessor has been furnished with written
notice of Lender's interest and its address. Such notice
shall be given to the City Secretary and the Airport
Manager. Upon receipt of such notice, Lender shall have
the same rights as Lessee to correct any default.
IX. INSURANCE
A. Lessee shall maintain continuously in effect at all times
during the term of this Lease or any extension thereof, at Lessee's
expense, the following insurance coverage:
(1) Comprehensive General Liability Insurance covering the
Premises, the Lessee, its personnel and its operations
on the Airport, for bodily injury and property damage
in the minimum amount of $250,000, combined single
limits on a per occurrence basis.
(2) Fire and extended coverage for replacement value for
all facilities used by the Lessee either as a part of
this Lease or erected by the Lessee subsequent to the
execution of this Lease.
B. Ail policies shall be issued by a company authorized to do
business in the State of Texas, be approved by the Lessor, copies
of which shall be provided to Lessor. The policies shall name the
Lessor as an additional named insured and shall provide for a
minimum of thirty (30) days written notice to the Lessor prior to
the effective date of any cancellation or lapse of such policies.
C. During the term of this Lease, and not more often than once
every five (5) years, Lessor herein reserves the right to adjust
or increase the liability insurance amounts required of the Lessee,
and to require any additional rider, provisions, or certificates
Page 10
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 Airport
in size and in scope of aviation activities, located in the
southwestern region of the United States. For the purpose of this
Lease, the Southwestern region of the United States shall be the
states classified as the Southwestern region by the Federal
Aviation Administration.
D. Lessee herein agrees to comply with all increased 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 within sixty (60) days
following receipt of a notice in writing from Lessor stating the
Increased or adjusted insurance requirements. Lessee shall have
the rlght to maintain in force types of insurance and amounts of
insurance which exceed Lessorts minimum insurance requirements.
X. INDEMNITY
A. Lessee agrees to indemnify and hold harmless Lessor and its
agents, employees, and representatives from and against all lia-
bility for any and all claims, suits, demands, or actions arising
from or based upon intentional or negligent acts or omissions on
the part of Lessee, its agents, representatives, employees, mem-
bers, patrons, visitors, contractors and subcontractors, or
sublessees, if any, which may arise out of or result from Lesseets
occupancy or use of the Premises or activities conducted
connection with or incidental to this Lease.
B. This Indemnity Provision also extends to any claim or
liability for harm, injury, or any damaging events which are
directly Or Indirectly attributable to premise defects or
conditions which may now exist or which may hereafter arise upon
the Premises, any and all such defects being expressly waived by
Lessee. Lessee understands and agrees that this Indemnity
Provision shall apply to any and all claims, suits, demands, or
actions based upon or arising from any such claim asserted by or
on behalf of Lessee or any of its members, patrons, visitors,
agents, employees, contractors and subcontractors, or sublessees,
if any.
C. Lessee agrees to give the Lessor prompt and timely notice
of any such claim made or suit instituted which in any way,
directly or indirectly, contingently or otherwise, affects or might
affect the Lessee or the Lessor. Lessee further agrees that this
Indemnity Provision shall be considered as an additional remedy to
Lessor and not an exclusive remedy
XI. CANCELLATION BY LESSOR
All the terms, restrictions, covenants, and conditions
pertaining to the use and occupancy of the Premises are conditions
Page 11
of this Lease and the failure of the Lessee to comply with any of
the terms, conditions, restrictions, covenants, and conditions
shall be considered a default of this Lease, and upon default, the
Lessor shall have the right to invoke any one or all of the
following remedies.
A. In the event that Lessee fails to comply with any of the
terms, conditions, restrictions and covenants contained in this
Lease, such failure shall constitute an event of default under the
Lease, and Lessor shall give Lessee notice of said breach, and
request Lessee to cure or correct the same. Should Lessee fall to
correct said violation(s) or breach within thirty (30) days
following receipt of said notice, then Lessor shall have the right
to terminate this Lease. Should this Lease be terminated by Lessor
for failure of Lessee to correct said breach or violation within
the thirty (30) day cure time, Lessee shall forfeit all rights to
all improvements on the Premises and all improvements on the
Premises shall become the property of the Lessor.
B. In addition to termination of this Lease for the breach of
terms and conditions herein, the Lessor shall have the right to
terminate this Lease for the following reasons:
(1) In the event that Lessee shall file a voluntary
petition in bankruptcy or proceedings in bankruptcy
shall be instituted against Lessee 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 if a receiver shall take jurisdiction of Lessee and
its assets pursuant to proceedings brought under the
provisions of any federal reorganization act~ or if a
receiver for Lessee~s assets is appointed.
(2) In the event that Lessee should make an assignment of
this Lease, for any reason, without the approval of and
written consent from Lessor.
C. Upon termination or cancellation of this Lease and provided
all monies due Lessor have been paid, Lessee shall have the right
to remove its personal property, provided such removal does not
cause damage to any part of the hangar, structure or improvements.
Lessee shall remove all personal property from the Premises within
ten (10) days after the termination. If Lessee falls to remove
its personal property as agreed, Lessor may elect to retain
possession of such property or may sell the same and keep the
proceeds, or may have such property removed at the expense of
Lessee.
Where, upon termination of the Lease, the fixed improvements
become the property of Lessor as provided herein, Lessee shall
repair, at its own expense, any damage to the fixed improvements,
resulting from the removal of personal property and shall leave
Page 12
the Premises in a neat and clean condition with all other
improvements in place.
E. Failure of Lessor to declare this Lease terminated upon the
default of Lessee for any of the reasons set out shall not operate
to bar, destroy, or waive the right of Lessor to cancel this Lease
by reason of any subsequent violation of the terms hereof. The
acceptance of rentals and fees by Lessor for any period or periods
after a default of any of the terms, covenants, and conditions
herein contained to be performed, kept, and observed by Lessee
shall not be deemed a waiver of any rights on the part of the
Lessor to cancel this Lease for failure by Lessee to so perform,
keep or observe any of the terms, covenants or conditions hereof
to be performed, kept and observed.
XII. CANCELLATION BY LESSEE
Lessee may cancel this Lease, 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 preventing or restraining the
use of said Airport or any part thereof for Airport
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 of ninety (90) days after receipt of
a written notice of the existence of such breach;
(3) the inability of Lessee to use the 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 Govern-
ment or any authorized agency thereof of the Premises for
the maintenance and operation of said 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 Premises cannot be used for
authorized purposes, then Lessee may cancel this Lease as afore-
said, or may elect to continue this Lease under 1ts terms.
XIII. OPTION
Lessee shall have a first option to lease the premises for an
additional term at the end of this Lease by giving the Lessor
notice, in writing, not later than slx (6) months before the end
of the fifteen (15) year term. Should Lessee choose to exercise
such option, he shall have the right to sign a new lease for flve
Page 13
(5) years for the Premises at the then current land rental rates
established by Lessor.
XIV. MISCELLANEOUS PROVISIONS
A. Sublettina or Assianment. The Lessee shall not rent, or
sublease the Premises or assign this Lease without first obtaining
the written consent of Lessor. If approved by Lessor any sublessee
or assignee shall be subject to the same conditions, obligations
and terms as set forth herein.
B. Lease Bindin= on Successors and Assigns. All covenants,
agreements, provisions and conditions of this Lease shall be
binding upon and inure to the benefit of the respective parties
hereto and their legal representatives, successors or assigns. No
modification of this Lease shall be binding upon either party
unless written and signed by both parties.
C. Severabil~tv. If any provision hereof shall be finally
declared void or illegal by any court or administrative agency
having Jurisdiction, the entire Lease 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 Lease shall be in writing and shall be sent
by registered mail, return receipt requested, with postage and
registration fees prepaid, as follows:
If to Lessor, addressed to: If to Lessee, addressed to:
city Manager
City of Denton
215 E. McKinney
Denton, Texas 76201
Notices shall be deemed to have been received on the date of
receipt as shown on the return receipt.
G. ~. The headings used in this Lease are intended
for convenience of reference only and do not define or limit the
scope or meaning of any provision of this Lease.
H. ~X~lg~. This Lease is to be construed in accordance
with the laws of the State of Texas.
IN WITNESS WHEREOF, the parties have executed this Lease as
of the day and year first above written.
CITY OF DENTON, TEXAS, LESSOR
BY:
LLOYD HARRELL, CITY MANAGER
Page 14
ATTEST,:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
LESSEE
BY:
TITLE:
C: ~WP§O\PADSITE. 1
Page 15
FOUNO REBAR S ~," H ~.447. 6~,' FOUND IIKBAH
EXI{ZBZT "B"
2816L
RESOnUTION NO
A RESOLUTION AUTHORIZING THE 'CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS FOR THE BLANKET
COVERAGE OF VARIOUS PROJECTS RELATING TO THE INSTALLATION AND
MAINTENANCE OF CERTAIN HIGHWAY TRAFFIC ILLUMINATION SYSTEMS, AND
PROVIDING FOR AN EFFECTIVE DA~E.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I. That the City Manager is hereby authorized to
execute an agreement between the City of Denton and the State of
Texas for the blanket coverage of various projects covering the
installation, construction, existence, use, operation, and
maintenance of certain highway traffic illumination systems zn
the City of Denton.
SECTION II. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the /ff/~day of ~ , 1989
ATTEST'
J~NIFE~WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM.
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF SAFETY LIGHTING
SYSTEMS WITHIN MUNICIPALITIES
(State Contracts thru City for Maintenance and Power)
(Blanket Agreement)
STATE OF TEXAS
COUNTY OF T ^WS
THIS AGREEMENT dated this /~)/~'~Y day of ~-~/ , lg ~ , by and
between the State of Texas, hereinafter referred to as the "State", party of the
first part, and the City of Denton , Denton County,
Texas, acting by and through its duly authorized officers under a resolution or ordi-
nance passed the /~;~'~Y day of ~)~)~-~b~ , 19~ , hereinafter called the
"City," party of the second part.
WITNESSETH
WHEREAS, in order to provide a more adequate facility to the traveling public,
the construction, maintenance and operation of certain safety lighting systems is
required within the corporate limits of the City. Within the City, said
safety lighting system hereinafter referred to as the "lighting system" is to
consist of safety lighting to be built ~n sections as financed and deslgn,at~d~..
by the State Highway and Public Transportation Commission, and
WHEREAS, the Engineer-Director, acting for and in behalf of the State Highway and
Public TranSportation Commission, has made it known to the City that the State will
construct, maintain and operate said l~ghting systems, subject to the conditions and
provisions stated here~n, as provided for ~n Highway Commission Minute Order No. 82420.
Form 1400
1-6 12-84
AGREEMENT
NOW THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the part~es hereto to be by them respectively kept and performed as
hereinafter set forth, ~t ~s agreed as follows
1. CONSTRUCTION RESPONSIBILITIES
a. The State w~ll prepare or provide for the plans and specifications, adver-
tise for b~ds, let the construction contract, or otherwise prowde for the construc-
tion, and will superwse construction, reconstruction or betterment work as required
by said plans and specifications. As a project ~s developed to construction stage,
e~ther as a unit or in Increments, the State will submit plans and specifications of
the proposed work to the C~ty and w~ll secure the C~ty's consent to construct the
lighting system prior to awarding the contract, said City consent to be signified by
the signatures of duly authorized City officers in the spaces provided on the title
sheet of plans containing the following notation
"Attachment No to special AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND
OPERATION OF SAFETY LIGHTING SYSTEMS WITHIN MUNICIPALITY, dated ~'~e~
The City-State construction, maintenance and operation responsibilities shall be
as heretofore agreed to, accepted, and spec~f}ed in the Agreement to which these
plans are made a part"
b. All costs of construction, maintenance and operation of the l~ght~ng system
w~ll be borne by the State, and the lighting system will remain the property of the
State.
2 of 6 Form 1400
12-84
2. MAI.NTENANCE AND OPERATION RESPONSIBILITIES
a. The State hereby agrees to reimburse the City for the costs ~ncurred by the
City ~n maintaining and operating the l~ghting system. Those costs w~ll be based
upon the amount of electrical energy used and upon actual maintenance operations
d~rectly chargeable to the light~ng system and shall not ~nclude a proration of admi-
nistrative or overhead costs.
b. The quantity of electrical energy used by the l~ghtlng system shall be
determned by meters at each point of service Alternately, when agreed upon by both
parties, the amount of electrical energy for monthly billing purposes shall be deter-
mined by multiplying the sum of the ~nput wattages of the lumlnalres by 333 hours or
other mutually agreeable operational hours.
c. The State's payment for the electrical energy of the safety lighting system
shall be based on Rate Schedule LO ,
dated September 19, 1989 of the City of Denton
(utility company or municipal department)
as shown on Exhibit II attached hereto and made a part hereof, and hereinafter
referred to as the "rate schedule" plus other charges hereinafter described. At such
time as the rate schedule rs revised, the City shall forward a copy of the revised
schedule to the State.
d. Maintenance shall be provided for by the City or 1ts authorized agent on a
force account basis. The State will reimburse the C~ty for (1) the cost of all
labor at the prorated payroll costs and for equipment rental costs for the actual
time spent in maintaining the l~ght~ng system, and (2) the actual cost of the
materials and parts used in maintaining the lighting system This maintenance includes
3-6 Form 1400
12-84
- Replacement of Illumination assemblies that are damaged or destroyed
Replacement of transformer stations or service poles and appurtenances
that are damaged or destroyed
Repairing or replacement of underground conductors
Lumlnalre glass breakage
Replacement of obsolescent equipment for the safety llghtlng system
Replacement of lamps and ballasts
e. The City hereby agrees to operate, either directly or Indirectly through
the city's authorized agent, the lighting system ~n an efficient manner and to
promptly make repairs and replacements as needed to maintain full and efficient
operation of the llghtlng system The C~ty hereby agrees that assignment of
maintenance and/or operating duties to a third party does not relieve the City of
the repsonslbll~ty for enforcement of these provisions
3. PAYMENT
a All requests by the C~ty for payment for electrical energy and main-
tenance operations shall be properly certified and submitted by the City to the
Dlstrlct Engineer of the State Department of H~ghways and Public Transportation
at P 0 Box 3067 Dallas , Texas Such requests for payment shall be
~n accordance w~th forms prescribed by the State and shall be submitted at not
less than monthly Intervals The C~ty w~ll maintain a system of records
necessary to support and establish the eligibility of all claims for payment
under the terms of th~s Agreement. When requested by the State, the City will
permit and assist in an audit by an auditor of the State Department of Highways
and Public Transportation of this record and any other records of the City which
pertain to the costs of electrical maintenance and operational cost as covered
by the terms of this Agreement
4-6 Form 1400
12-84
b The State's f~nancial obligation for reimbursement for electrical power
and maintenance to the City will not exceed an annual cost of $ ~o:ooo.oo.
4 I~DEMNIFICA~ION
To themextent permitted by law, the City shall indemnify and save harmless the
State, its agents or employees, from all suits, actions or claims and from all liabi-
lity and damages for any and all injuries or damages sustained by any person or pro-
perty in consequence of any neglect in the performance, or failure of performance of
the City, its agents and employees under this Agreement.
5. GENERAL
a. The State's obligation for operation and maintenance of the lighting system
shall cease should the route on which it is located be dropped from the State Highway
System.
b. This Agreement will cease to apply to sections of the lighting system in the
event that those sections are removed or become a part of a continuous illumination
system.
c. Th~S Agreement shall remain in force for a period of two years from the date
that it is signed by the State, and it is understood by both parties that at the end
of the initial two-year period the Agreement will be automatically renewed for two
year periods thereafter unless modified by mutual agreement of both parties. In the
event that the/lighting system installed in accordance with this Agreement becomes
unnecessary or is removed for any reason, this Agreement will terminate.
5-5 Form ~400
1~-84
IN WITNESS WHEREOF, the parties have thereunto affixed their s~gnatures, The C~ty
of ~ on the /~F'~W''' day of
~~ , lg~;~ and the State Department of Highways and
Public Transpertation on the /~ day of /t/v~~' ,
ATTEST CITY OF Denton
THE STATE OF TEXAS
Certif3ed as be3ng executed for the purpose
and effect of activating and/or carrying out
the orders, established policies, or work
programs heretofore approved and authorized by
the State H~ghway and Public Transportation
Commission under the authority of Mznute Order
82513
APPROVED
By:
Traffic Operations Engineer
DATE,
6-6 Form 1400
12-84
STATE OF TEXAS
COUNTY OF Denton
I, m the duly appointed,
qualified an~/a ' ~ -- '
cting city secretary of the City of Denton
Texas, hereby certify that the foregoing pages constitute a true and correct
copy of an ordinance/resolution duly passed by the City Council at a meeting
held on /0--/~ , A.D., lg~, at ~,'~,~ o'clock
To certify which, w~tness my hand and seal of the City of Denton
Texas, this ~ day of ~ . lg~, at
Denton , Texas.
CB Secre~ry of the City of
Dentnq , Texas
EXHIBIT II
SCHEDULE LO
OTHER LIGHTING
LOA
APPLICATION
Applicable to Stats and Local Government agencies that ~nstali
and maintain their own street lights, other than the City of Denton
BULB WATTAGE
NET MONTHLY RATE FACTOR
LS1 250W Sodium apor 5.14~/KWH 105 KWH
LS2 400W Sodium Vapor 5.14~/KWH 159 KWH
LMi 400W Mercury Vapor 5.14~/KWH 153 KWH
LM2 1000W Mercury Vapor 5.14~/KWH 380 KWH
LOS
APPLICATION
Applicable to other unmstered lighting services.
NET MONTHLY RATE
Total Watts x Hours used per Month x 5.14~/KWH
1,000
TYPE O~ SErViCE
At the City's available secondary voltage and phase.
PAYMENT
Bills are due when rendered, and become past due if not paid
within 15 calendar days from date of issuance.
MAINTENANCE CHARGE
Mai~enance eapenses billed at cost.
SPECIAL ~ACILITIB$
Ail services which require special facilities in order to meet
customer's service requirements shall be provided subject to the
speczal facilities rider.
~NERGY COST ADJUSTMENT
A charge per KWH of energy taken for fuel cost calculated ~n
accordance with Schedule E.C.A.
EXHIBIT II
2754L oJPERCEDES 0RD 87-027
APPROVED BY CC 9/19/89
EFFECTIVE 10/01/89
NO.
AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES AND ADDING A
NEW OL (OTHER LIGHTING), IDR (INDUSTRIA3~ DEVELOPMENT RATE), AND
TS (THERMAL STORAGE RATE) RATE SCHEDULES, PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS'
SECTION I.
That the Schedule of Rates for electrical services as
provided for in Chapter 25 of the Code of Ordinances, are amended
to read as follows.
AItTICLE I.
ELECTRIC RATE SCHEDULES
PAGE
R1 Residential Service Rate
RI Residential Service Rate 3
LP LarSe Primary Commercial & Industrial
Lightin8 and Power Service Rates
GP General Service Primary 7
GS General Service Commercial 9
RW Religious Worship 12
G1 Local Government Lighting & Power Service Race
(City, County, Independent School District)
TR Residential Time of Use Rate 16
TGP General Service Primary Time of Use Rate 18
TLP Large Primary Time of Use Rate 21
TGS General Service Time of Use Rate 24
LS Street Lighting 27
LO Other Lighting 28
LT Traffic Lighting 29
DD Dusk-to-Dawn Lighting (Security Light) 30
T1 Service Schedule 32
Temporary
Pi Interrup~ible Primary Service 34
AF Athletic Field
DL Decorative Lighting
IDR Industrial Development Rate 43
TS Thermal Storage gate
UPS Uninterruptible Power Supply 45
ECA* Energy Cost Adjustment ~7
SCHEDULE R1
RESIDENTIAL SERVICE
APPLICATION
Applicable to all electric service used for resldentlal
purposes in a single family dwelling or an individually metered
apartment; supplied at one point of delivery and measured through
one meter where usage is not in excess of 700 KWH per 30-day month
during the billing months MAY through OCTOBER-~-----~--usage in any such
month exceeds 700 KWH, billing will be rendered that month under
Rate Schedule R-2 and thereafter for a period extending through the
12 billing months of the next year ending with the October billing.
Annually, in November, the customer may again qualify for the R-1
rate provided that consumption has not exceeded 700 KWH per 30-day
month during the previous six summer months.
Where individual dwelling units are being served through the
same meter and the KWH in the billing months of MAY through OCTOBER
exceed 700 KWH times the number of dwelling units, the billing for
that month and thereafter will be rendered under Rate Schedule R72.
NET MONTHLY RATE
(1) Customer Facility Charge $6.50/30 days
(2) Energy Charge 4 23~/KWH
(3) Energy Cost Adjustment Schedule ECA
MINIMUM BILLING
36.50/30 days
TYPE OF SERVICE
The ~ty will supply single-phase service at any standard
voltages available from the City's distribution system through one
standard transformation.
PAYMENT
Bills are due when rendered, and become past due if not paid
within 15 calendar days from date of issuance.
PAGE 1
SPECIAL ~ACILITIES ,
All services which require special facilities ~n order to meet
customer's service requirements shall be provided subject to the
special facilities r~der.
PRORATION OF UTILITY BILLS
Billing for the Facility charge shall be based on 12 b~lllngs
annually.
Formula.
Actual days ~n read~n~ ~eriod x customer charge 30
ENERGY COST ADJUSTMENT
A charge per KWH Of energy taken for fuel cost calculated in
accordance w~th Schedule E.C.A.
PAGE 2
SCHEDULE R2
RESIDENTIAL SERVICE
APPLICATION
Applicable to any customer for all electric service used for
residential purposes in an individual private dwelling or an
individually metered apartment, supplied at one point of delivery
and measured through one meter. Also applicable to any customer
heating wxth electric energy, resistance or heat pump.
Not applicable to resale service in any event, nor to
temporary, standby, or supplementary service except xn conjunction
w~th applicable rider.
NET MONTHLY RATE WINTER SUMMER
Billlng months of Billing months of
NOV through APRIL MAY through OCT
(1) Customer Pacility Charge
' singl. Phas. 7.50/30 days I .50/30 days
I Three Phase $15.00/30 days 1 .00/30 days
(2) Energy Charge
Flrst 1,000 KWH 4.95~/KWH
Ail additional KWH 4.45~/KWH
First 3,000 KWH 5.45~/KWH
All additional KWH 6.00~/KWH
(3) Energy Cost Adjustment Schedule ECA Schedule ECA
MINIMUM BILLING
7.50/30 I ~ 50/30 days
Single Phase $ ~15.00/30 days .
Three Phase days 1 .00/30 days
TY~E O~ SERVICE
The City will supply single-phase service (or three-phase
service ~f available at the point of delivery) at s~xty (60) cycles
and at any standard voltages available from the City's distribution
system through one standard transformation. Where service of the
type desired by the customer xs not already available at the point
of service, special contract arrangements between the City and the
customer may be required prior to its being furnished.
PAGE 3
PAYMENT
B~lls are due when rendered, and become past due If not pa~d
w~th~n i5 calendar days from date of issuance.
SPECIAL FACISITIES
All services which require special facilities ~n order to meet
customer's service requirements shall be provided subject to the
special facilities rider.
PRORATION OF UTILITY BILLS
(a) Billing for the Facility charge shall be based on 12
bllllngs annually
Formula.
Actual da~s in reading period x customer charge 30
(b) Billing for the energy charge shall be based on 30 days
per month to determine the KWH consumption to be charged
to each rate block.
Formula:
Actual da~s in reading ~erlod x KWH in rate block x Rate
30 per KWH in rate block
ENERGY COST ADJUSTMENT
A charge per KWH of energy taken for fuel cost calculated ~n
accordance with Schedule E.C.A.
PAGE 4
SCHEDULE LP
APPLICATION
LP Rate applicable to any customer having a minimum demand of
750 KW for all electrlc service suppl~ed at one point of delivery
and measured through one meter, w~th customer providing all
facilities necessary to receive primary voltage service.
Not applicable to resale service ~n any event, nor to
temporary, standby or supplementary service except in con]unct~on
with applicable rider.
NET MONTHLY RATE
(1) Customer Facility Charge $60.00 per 30 days
(2) Demand Charge $ 9.00 per KW of demand
(3) Energy Charge 1.36~/KWH for all KWH
(4) Energy Cost Adjustment Schedule ECA
MINIMUM BILLING
An amount equal to the demand charge as calculated below but
not less than seventy percent (70%) of the maximum monthly demand
charge for any month during the preceding months of May through
October plus $60.00 per 30 day Billing.
TYPE OF SERVICE
LP rate primary voltage service (transformation equipment
owned by customer) is available to any customer who has a m~nlmum
demand of 750 KW.* Primary service is rendered at one point on the
customer's premises at a nominal voltage of 13,200 volts
· Cust~mers on primary service prior to February 3, 1987, are
not rsguire4 to meat the 750 KW requirement.
The primary voltage service customer shell own, operate, and
maintain all facilities necessary to receive three phase primary
voltage service and all transformation facilities required for
conversion to utilization voltage. The City shall own, operate and
maintain all metering facilities, either at primary or secondary
voltage, at the City's option. Where the City elects to meter at
secondary voltage, two percent shall be added to the demand charge,
the energy charge and the energy cost adjustment charge to account
for transformer losses.
PAGE 5
PAYMENT
Bills are due when rendered, and become past due ~f not pa~d
w~th~n 15 calendar days from date of ~ssuance.
DETERMINATION OF DEMAND
The demand shall be the KW suppl~ed during the 15-m~nute
period of maximum use during the current month as determined by
C~ty's demand meter, but not less than 70% of the maxzmum monthly KW
slmllarly determined during the prevzous billing months of MAY
through OCTOBER ~n the 12 months endlng w~th the current month.
POWER FACTOR
The City reserves the right to make tests to determine el~g~-
blllty for the LP rate, and to determine the power factor of the
customer's ~nstallation served during perlods of maxzmum demand or
by measurement of the average power factor for the monthly billing
per~od. If the power factor ~s below ninety percent, the demand for
billing purposes w~ll be determined by multiplying the uncor- rected
KW b~lllng demand by 90% and divlding by the determined power factor.
S~ECIAL FACILITIES
Ail services which require special facilities in order to meet
customer's servlce requirements shall be provided subject to the
speclal facilltles rider.
PRORATION OF UTILITY BILLS
(a) B~ll~ng for the Faclllty charge shall be based on 12
billings annually.
Formula:
Actual dans in reading period x customer charge
3O
(b) B~lling for demand shall be calculated on a 30 day per
month basis and prorated for longer or shorter billing
periods.
Formula:
Actual dans in reading perzod x KW demand x Rate 30 days
ENERGY COST ADJUSTMENT
A charge per KWH of energy taken for fuel cost calculated in
accordance with Schedule E.C.A.
PAGE 6
SCHEDULE GP
GENERAL SERVICE PRIMARY
APPLICATION
GP Rate applicable to any customer having a minimum demand of
750 KW for electric service supplied at one point of delivery and
measured through one meter, with the City providing and owning all
facilities and transformation equipment necessary to receive primary
voltage, service.
Not applicable to resale service ~n any event, nor to tempo-
rary, standby or supplementary service, except in conjunction w~th
applicable rider.
NET MONTHLY RATE
(1) Facility Charge $50.00/30 days
(2) Demand Charge $8.00/KW
(3) Energy Charge 2.03/KWH
(4) Energy Cost Adjustment Current ECA
M.INIMUM BILLING
An amount equal to the demand charge as calculated below but
not less than seventy percent (70%) of the maximum monthly demand
charge for any month during the preceding months of May through
October, inclusive, plus $50.00 per 30 day bill~ng.
TYPE OF SERVICE
For GP primary voltage service, the City will supply three-
phase service at sixty (60) cycles and at any standard voltages
available ~om the City's distribution system. To be eligible for
GP service, customers must have a m~nimum demand of 750 KW.* Where
required facilities are not already available at the point of
service,, special contractual arrangements between the City and the
customer will be required prior to its being furnished.
*Customers on primary service prior to February 3, 1987, are
not required to meet the 750 KW requirement.
Bills are due when rendered, and become past due if not paid
within 15 days from date of issuance.
PAGE 7
DETERMINATION OF DEMAND
The demand shall be the.' KW supplied during the 15-m~nute
per~od of maximum use during the current month as determined by
City's demand meter, but not less than 70% of the maximum monthly KW
s~mllarly determined during the previous b~lllng months of MAY
through OCTOBER in the 12 months ending w~th the current month.
POWER FACTOR
The City reserves the right to make tests to determine the
power factor of the customer's ~nstallat~on served during periods of
maximum demand or by measurement of the average power factor for the
monthly b~lllng period. If the power factor is below ninety
percent, the demand for b~lling purposes w~ll be determined Dy
multiplying the uncorrected KW billing demand by 90% and dividing by
the determined power factor.
SPECIAL FACILITIES
Ail services which require special facilities in order to meet
the customer's service requirements shall be provided subject to
special facilities rider.
PRORATION OF UTILITY BILLS
(a) Billing for the Faclhty charge shall be based on 12
b~lllngs annually.
Formula.
Actual days in reading period x customer charge 30
(b) Billing for demand shall be calculated on a 30 day per
month basis and prorated for longer or shorter billing
periods. Formula:
Actual da~s in reading period x KW demand x Rate 30
ENERGY COST ADJUSTMENT
A charge per KWH of energy taken for fuel coat calculated in
accordance with Schedule E.C.A.
PAGE 8
SCHEDULE GS
GENERAL SErViCE COMMERCIAL
APPLICATION
Applicable to any commerclal and industrial users for all
electric servlce supplled at one point of delivery and measured
through one meter.
Not applicable to resale service ~n any event, nor to
temporary, standby or supplementary servlce except in con]unct~on
wlth applicable rlder.
NET MONTHLY RATE
(1) Customer Facility Charge
Single Phase $15 00 per 30 days
Three Phase $20.00 per 30 days
(2) Demand Charge ~ 7.00 per KW (first 20 KW
not bllled)
(3) Energy Charge
F~rst 2500 KWH ~ 6.56~/KWH
Ail KWH over 2500 ~ 3.50~/KWH
(4) Energy Cost Adjustment Current ECA Schedule
MINIMUM BILLING
An amount equal to the demand charge as calculated below but
not less than seventy percent (70%) of the maximum monthly demand
charge for any month during the preceding months of May through
October plus $15/month for single phase or less than $20/month for
three phase, per 30 day billing.
TYPE OF SERVICB
Secondary service avaLlable to commerczal and ~ndustr~al
customers°
The City will supply s~ngle-phase service (or three-phase
servzce ~f available at the point of delivery) at sixty (60) cycles
and at any standard voltages available from the City's dlstributlon
system through one standard transformatzon. Where service of the
type desired by the customer is not already available at the polnt
of service, special contract arrangements between the City and the
customer may be required prior to ~ts being furnished.
PAGE 9
PAYMENT
Bllls are due when rendered, and become past due ~f not pa~d
w~h~n 15 calendar days from date of ~ssuance.
DETERMINATION OF DEMAND
The demand shall be the KW suppl~ed during the 15-m~nute
per~od of maximum use during the current month as determined by
C!ty's demand meter, but not less than 70% of the maximum monthly KW
s~milarly determined during the previous b~lling months of MAY
through OCTOBER ~n the 12 months ending w~th the current month. The
KW demand used for bllllng shall be adjusted by subtractlng 20 KW.
The adjusted KW demand will subsequently be used for bllllng for the
demand portlon of the utility b~ll. In no case, shall bllled demand
be less than 0 KW
In cases where the connected load ~s constant, the City
at ~t's option, estimate the KW demand. For neon signs, one volt
ampere shall be consldered the equlvalent of 3/4 watt.
POWER FACTOR
The City reserves the right to make tests to determine the
power factor of the customer's installation served during periods of
maximum demand or by measurement of the average power factor for the
monthly b~lllng period. If the power factor is below ninety percent,
the demand for bllllng purposes will be determined by multiplying
the uncorrected KW billing demand by 90% and dividing by the
determined power factor
SPECIAL FACILITIES
All services which require special facilities ~n order to meet
customer's service requirements shall be provided subject to the
special facilities rider.
PRORATION OF UTILITY BILLS
(a) Billing for the Facility charge shall be based on 12
billings annually.
Pormula:
Actual da~s in reading period x customer charge 3O
PAGE 10
(b) Billing for demand shall be calculated on a 30 day per
month basis and pro~ated for longer or shorter b~lllng
perlods.
Formula
Actual da~s in readln~ ~erlod x adjusted KW demand x Rate
30
ENERGY COST ADJUSTMHNT
A charge per KWH of energy taken for fuel cost calculated ~n
accordance with Schedule E.C.A.
~AGE 11
SCHEDULE RW
RELIGIOUS WORSHIP
APPLICATION
%ppllcable to any facility used primarily for rellglous
worship, education and meeting Vernon's Annotated Texas Statutes
(V.A.T.C.) guIdelines for property tax exemption as a religious
organization. Not available for resale.
NET MONTHLY BILLING
(1) Facility Charge
Single Phase $15.00/30 days
Three Phase $20.00/30 days
(2) Energy Charge
~lrst 700 KWH $ 7.50~/KWH
Ail over 700 KWH $ 2.926/KWH
I3) Demand Charge $ 3.75/KW (first 5 KW not
billed)
(4) Energy Cost Adjustment Current ECA Schedule
MINIMUM BILLING
An amount equal to the demand charge as calculated below but
not less than fifty percent (50%) of the maximum monthly demand
charge for an~ month during the preceding months of May through
October plus $15/month for single phase service or $20/month for
three ~hase service, ~er 30 day billing.
TYPE OF SERVICE
The City will supply single-phase service (or three-phase
service if ~vailable et the point of delivery) at sixty (60) cycles
and at any standard voltages available from the City's distribution
system through one standard transformation. Where service of the
type desired by the customer is not already available at the point
of service, special contract arrangements between the City and the
customer may be required prior to its being furnished.
PAYMENT
Bills are due when rendered, and become past due if not paid
within 15 calendar days from date of issuance.
PAGE 12
D~TERMINATION OF DEMAND
The demand shall De the KW supplied during the 15-minute
period of maximum use during the current month as determined by
City's demand meter, but not less than 50% of the maximum monthly K~
similarly determined during the previous billing months of ~AY
through OCTOBER in the 12 months ending with the current month The
KW demand used for billing shall be adjusted by subtracting 5 KW.
The adjusted KW demand will subsequently be used for billing for the
demand portion of the utility bill. In no case, shall billed demand
be less than 0 KW.
SPECIAL FACILITIES
All services which require special facilities in order to meet
customer's service requirements shall be provided subject to the
special facilities rider.
PRORATION OF UTILITY BILLS
Billing for consumption and demand shall be calculated on a
30-day basis and prorated for longer or shorter billing periods.
(a) Bllllng for the Facility charge shall be based on 12
bllllngs annually.
Formula:
Actual da~s in reading period x customer charge 3O
(b) Billing for demand shall be calculated on a 30 day per
month basis and prorated for longer or shorter billing
per~ods.
Formula:
Actual days in reading period x KW demand x Rats 30 days
ENERGY COST ADJUSTMENT
A charge per KWH of energy taken for fuel cost calculated in
accordance with Schedule E.C.A..
PAGE 13
SCHEDULE G1
LOCAL GOVERNMENT
APPLICATION
Applicable to any local City, County or School Districts for
all electric service supplied at one point of delivery and measured
through one meter.
Not applicable to resale service ~n any event, nor to
temporary, standby or supplementary service except in con3unctlon
with applicable rider.
NET MONTHLY RATE
(1) Customer Charge
Single Phase $15.00 per 30 days
Three Phase $20.00 per 30 days
(2) Demand Charge ~ 6.00 per KW of demand
(3) Energy Charge $ 2.98~ per KWH for all KWH
(4) Energy Cost Adjustment Current HCA Schedule
MINIMUM BILLING
An amount equal to the demand charge as calculated below but
not less than fifty percent (50%) of the maxlmum monthly demand
charge for any month during the preceding months of May through
October plus $15.00/ month for single phase service or less than
$20.00/month for three phase service, per 30 day billing per~od.
TYPE OF SERVICE
The City will supply single-phase service (or three-phase
service if available st the point of delivery) at sixty (60) cycles
and at any standard voltages available from the City's distribution
system through one standard transformation. Where service of the
type desired by the customer is not already available at the point
of service, special contract arrangements between the City and the
customer may be required prior to its being furnished.
AYMENT
Bills are due when rendered, and become past due if not pa~d
within 15 calendar days from date of Issuance.
PAGE 14
DETERMINATION OF DEMAND
The demand shall be the KW supplied during the IS-minute
period of maximum use during the current month as determined by
City's demand meter
POWER FACTOR
The C~ty reserves the right to make tests to determine the
power factor of the customer's installation served during periods of
maximum demand or by measurement of the average power factor for the
monthly b~lllng period. If the power factor is below ninety
percent, the demand for billing purposes will be determined by
multlply~ng the uncorrected KW bllllng demand by 90% and dividing by
the determined power factor
SPECIAL FACILITIES
All services which require special facilities in order to meet
customer's service requirements shall be provided subject to the
special facilities rlder.
PRORATION OF UTILITY BILLS
(a) Billing for the Facility charge shall be based on 12
billings annually.
Formula
Actual da~s in reading period x customer charge 30
(b) Billing for demand shall be calculated on a 30 day per
month basis and prorated for longer or shorter billing
periods.
Formula:
Actual days in reading period x KW demand x Rate
3O
ENERGY COST ADJUSTMENT
A charge per KWH of energy taken for fuel cost calculated in
accordance with Schedule E.C.A.
PAGE 15
SCHEDUL~ TR
RESIDENTIAL ~IME OF USE
APPLICATION
Applicable to any customer for all electric service used for
residential purposes in an individual private dwelling or an indi-
vidually metered apartment, supplied at one point of delivery and
measured through one meter. Customers applying for the TR rate must
remain on this rate for twelve (12) continuous billing periods.
Not applicable to resale service in any event, nor to
temporary, standby, or supplementary service except in con]unction
with applicable rider.
NET MONTHLY RATE
(1) Customer Facility Charge
Single Phase $15.00/30 days
Three Phase $20.00/30 days
(2) Energy Charge
On-Peak Hours $ 0.261/KWH
Off-Peak Hours $ 0.017/KWH
(3) Energy Cost Adjustment Schedule ECA
MINIMUM HILLING
The minimum monthly bill shall be the Customer Facility Charge
TYPE OF SERVICE
Single-phase or three-phase at sixty (60) cycles at secondary
distribution voltage. Where service of the type desxred by the
customer is--not already available at the point of service, special
contract arrangements between the C~ty and the customer may be
required prior to its being furnished.
DEFINITION OF ON-PEAK HOURS
The City's on-peak hours, for the purpose of this rate
schedule, are designated as belng from 1.00 P.M. to 8:00 P.M. each
Monday through ~riday, staring on June 1 and continu~ng through
September 30 each year. The City's on-peak hours may be changed
from time to time and the customer will be notified twelve (12)
months prior to such changes become effective.
PAGE 16
DEFINITION OF OFF-PEAK HOURS
The C~ty's off-peak hour~, for the purpose of th~s rate
schedule, shall be all hours not designated as on-peak hours.
SPECIAL FACILITIES
All services which require special facilities ~n order to meet
customer's service requirements shall be provided subject to the
special facilities r~der.
PRORATION OF UTILITY BILLS
Billing for the Facility Charge shall be based on 12 b~ll~ngs
annually using the following formula
~ctual da~s ~n read~n~ ?erzod x Customer Charge 3O
ENERGY COST ADJUSTMENT
A charge per KWH of energy taken for fuel cost calculated ~n
accordance with Schedule E.C.A.
PAYMENT
Bills are due when rendered, and become past due ~f not pa~d
w~th~n 15 calendar days from date of issuance.
PAGE 17
SCHEDULE TGP
GENERAL SERVICE'PRIMARY TIME OF USE
%PPLfCATION
Applicable to any customer having a minimum demand of 750 K~
for all electric service supplied at one point of delivery and
measured through one meter, with the City providing all facilities
necessary to receive primary voltage service. Supplementary service
will be available subject to the applicable rider Not applicable
to resale or temporary service. Customers electing this rate must
remaln on this rate for a minimum of twelve (12) continuous billing
months.
NET MONTHLY RATE
(1) Customer Facility Charge $59.00/30 days
(2) On-Peak Demand Charge $10.10/KW of On-Peak Demand
(3) System Demand Charge $ 3.90/KW of System Demand
(4) Energy Charge $ 0.0020/KWH
(5) Energy Cost Adjustment: Per Schedule ECA
MINIMUM BILLING
The minimum monthly bill shall be the sum of the Customer
Faclllty Charge, the On-Peak Demand Charge, and the System Demand
charge; but not less than ~2,984.00.
~yPE OP SERVICE
Three-phase at sixty (60) cycles at available primary
distribution voltage.
DETERMINATION Or ON-PEAK DEMAND
The on-peak demand shall be the maximum KW demand supplied
durlng the fifteen (15) minute period of maximum use during the
on-peak hours as recorded by the City's demand meter and adjusted
for power factor, but not less than one hundred percent (100%) of
the maximum on-peak demand similarly determined during the previous
billing months of June through September in the twelve (12) months
ending with the current month.
PAGE 18
DETERMINATION OF SYSTEM DEMAND
The system demand shall be the maximum KW demand suppl~ad
during the f~fteen (15) mlnute per~od of maximum uss as recorded by
the C~ty's demand meter and adjusted for power factor, but not less
than seventy percent (70%) of the maximum system demand similarly
determined during the previous b~ll~ng months of June through
September ~n the twelve (12) months ending with the current month
POWER FACTOR PENALTY
The City reserves the right to determine the power factor of
the customer's ~nstallatlon served during per~ods of maximum demand
or by measurement of the average power factor for the monthly
billing period. If the power factor ~s below ninety percent (90%)
on-peak and average demand for the demand for billing purposes w~ll
be determined by multlplylng the unadjusted billing demand by ninety
percent (90%) and dividing by the determined power factor.
DEFINITION OF ON-PEAK HOURS
The C~ty's on-peak hours, for the purpose of this rate
schedule, are designated as being from 1.00 P.M. to 8:00 P.M. each
Monday through Friday, staring on June 1 and continuing through
September 30 each year. The City's on-peak hours may be changed
from time to time and the customer will be notified twelve (12)
months prior to such changes become effective.
DEFINITION OF OFF-PEAK HOURS
The City's off-peak hours, for the purpose of this rate
schedule, shall be all hours not designated as on-peak hours.
SUPPLEMENTAL POWER RIDER
Customers requesting standby or supplementary power shall be
allowed service under this rate schedule; however, the determination
of system demand shall be adjusted to read:
The system demand shall be the sum of the maximum KW
demand supplied during the fifteen (15) minute period of
maximum use as recorded by the City's demand meter plus the KW
nameplate rating(s) of the customer's generator(s). In the
event the customer's generator(s) is/are off-line at the time
of the establishment of the maximum system demand, the KW
nameplate rating of the generator(s) unavailable for service
shall be removed from the determination of the system demand.
In no event shall the system demand be less than seventy
percent (70%) of the maximum system demand similarly
determined during the previous billing months of June through
September in the twelve (12) months ending with the current
month.
PAGE 19
SPfCIAL FACILITIES
All services which require special facilities ~n order to meet
the customer's service requirements shall be provided subject to
special facilities rider.
PRORATION OF UTILITY BILLS
(a) B~lllng for the Facility Charge shall be based on 12
b~ll~ngs annually using the following formula.
Actual da~s in readin~ per~od x Customer Charge 3O
(b) Billing for demand shall be calculated on a 30-day-per-
month baszs and pro rated for longer or shorter b~ll~ng
periods usxng the following formula'
Actual da~s in readin~ ~erlod x KW Demand x Rate 30
~NERGY COST ADJUSTMENT
A charge per KWH of energy taken for fuel cost calculated in
accordance wzth Schedule E.C.A.
PAYMENT
Bills are due when rendered, and become past due if not paid
wlthln 15 calendar days from date of issuance.
PAGE 20
SCHEDULE TLP
LARGE PRIMARY TIME OF USE
APPLICATION
Appllcable to any customer havlng a min~mum demand of 750 KW
for all electric servlce supplied at one point of delivery and
measured through one meter, with the City providing all facilities
necessary to receive primary voltage service Supplementary service
subject to the applicable rider. Not applicable to resale or
temporary service. Customers electing thls rate must remaln on this
rate for a minimum Of twelve (12) continuous billlng months.
NET MONTHLY RATE
(1) Customer Facility Charge $68.00/30 days
(2) On-Peak Demand Charge $10.10/KW of On-Peak Demand
(3) System Demand Charge $ 3.50/KW of System Demand
(4) Energy Charge $ 0.002/KWH
(5) Energy Cost Adjustment: Per Schedule ECA
MINIMUM BILLING
The minimum monthly bill shall be the sum of the Customer
Facility Charge, the On-Peak Demand Charge, and the System Demand
charge; but not less than $2,693.00.
TYPE OF SERVICE
Three-phase at sixty (60) cycles at available primary
d~stri~ution voltage.
DETERMINATION OF ON-PEAK DEMAND
The o~-pe&k demand shall be the maximum KW demand supplied
during the fifteen (15) minute per~od of maximum use during the
on-peak hours as recorded by the City's demand meter and adjusted
for power factor, but not less than one hundred percent (100%) of
the maximum on-peak demand similarly determined during the previous
b~llln~ months of June through September in the twelve (12) months
ending w1~h the current month.
PAGE 21
DETERMINATION OF SYSTEM DEMAND
The system demand shall .be the maximum KW demand suppl~ed
during the f~fteen (15) m~nute period of maximum use as recorded by
the City's demand meter and adjusted for power factor, but not less
than seventy percent (70%) of the maximum system demand similarly
determined dur:ng the previous billing months of June through
September :n the twelve (12) months ending with the current month.
POWER FACTOR PENALTY
The City reserves the right to determine the power factor of
the customer's ~nstallation served during periods of maximum demand
or by measurement of the average power factor for the monthly
billing period. If the power factor is below ninety percent (90%),
on-peak and average demand for the demand for billing purposes will
be determined by multiplying the unadjusted billing demand by ninety
percent (90%) and dividing by the determined power factor.
~FINITION OF ON-PEAK HOURS
The City's on-peak hours, for the purpose of this rate
schedule, are designated as being from 1:00 P.M. to 8:00 P.M. each
Monday through Friday, staring on June 1 and continuing through
September 30 each year. The City's on-peak hours may be changed
from time to time and the customer will be notified twelve (12)
months prior to such changes become effective.
DEFINITION OF OFF-PEAK HOURS
The City's off-peak hours, for the purpose of this rate
schedule, shall be all hours not designated as on-peak hours.
SUPPLEMENTAL POWER RIDER
Customers requesting supplementary power shall be allowed
service under this rate schedule; however, the determination of
system demand shall be adjusted to read:
The system demand shall be the sum of the maximum KW
demand~ supplied during the fifteen (15) minute period of
maximum use as recorded by the City's demand meter plus the KW
nameplate rating(s) of the customer's generator(s). In the
event the customer's generator(s) is/are off-line at the time
of the establishment of the maximum system demand, the KW
nameplate rating of the generator(s) unavailable for service
shall be removed from the determination of the system demand.
In no event shall the system demand be less than seventy
percent (70%) of the maximum system demand similarly
determined during the previous billing months of June through
September in the twelve (12) months ending with the current
month.
PAGE 22
SPECIAL FACILITIES
All services which require spec%al facilities ~n order to meet
the customer's servzce requirements shall be provided subject to
speclal facilities r~der
PRORATION OF.UTILITY BILLE
(a) B~lllng for the Facility Charge shall be based on 12
b~llings annually using the following formula
Actual da~s ~n reading per~od x Customer Charge 30
(b) Billing for demand shall be calculated on a 30-day-per-
month basis and pro rated for longer or shorter billing
periods using the following formula
Actual da~s in reading ?erlod x KW Demand x Rate 3O
ENERGY COST ADJUSTMENT
A charge per KWH of energy taken for fuel cost calculated in
accordance with Schedule E.C.A.
PAYMENT
Bills are due when rendered, and become past due if not paid
within 15 calendar days from date of issuance.
PAGE 23
SCHEDULE TGS
GENERAL SERVICE TIME OF USE
APPLICATION
Applicable to any commercial or ~ndustr~al customer for all
electric service supplied at one point of delivery and measured
through one meter. Supplementary service subject to the applicable
rlder. Not applicable to resale or temporary service. Customers
electing this rate must remain on this rate for a minimum of twelve
(12) continuous billlng months.
~ET MONTHLY RATE
(1) Customer Facility Charge $25.00/30 days
(2) On-Peak Demand Charge $10.20/KW of On-Peak Demand
(3) System Demand Charge $4.20/KW of System Demand
(4) Energy Charge ~ 0.0030/KW/~
(5) Energy Cost Adjustment Per Schedule ECA
MINIMUM BILLING
The minimum monthly bill shall be the sum of the Customer
Facility Charge, the On-Peak Demand Charge, and the System Demand
Charge; but not less than ~445.00.
TYPE OF SERVICE
Single-phase or three-phase at sixty (60) cycles at available
secondary distribution voltage.
DETERMINATION OF ON-PEAK DEMAND
The on-peak demand shall be the maximum KW demand supplxed
during' the fifteen (15) minute period of maximum use during the
on-peak hours as recorded by the C~ty's demand meter and ad]usted
for power factor, but not less than one hundred percent (100%) of
the maximum on-peak demand similarly determined during the previous
billing months of June through September in the twelve (12) months
ending with the current month.
PAGE 24
DETERMINATION OF SYSTEM DEMAND
The system demand shall be the maximum KW demand suppi~ed
during the f~fteen (15) m~nute per~od of maximum use as recorded by
the C~ty's demand meter and adjusted for power factor, but not less
than seventy percent (70%) of the maximum system demand s~m~larly
determined during the previous b~ll~ng months of June through
September ~n the twelve (12) months ending w~th the current month.
POWER FACTOR PENALTY
The C~ty reserves the r~ght to determine the power factor of
the customer's ~nstallat~on served during per~ods of maximum demand
or by measurement of the average power factor for the monthly
b~ll~ng per~od. If the power factor ~s below ninety percent (90%)
on-peak and average demand for the demand for bzll~ng purposes
be determined by multiplying the unadjusted billing demand by n~nety
percent (90%) and d~v~d~ng by the determined power factor.
DEFINITION OF ON-PEAK HOURS
The C~ty's on-peak hours, for the purpose of this rate
schedule, are designated as being from 1:00 P.M. to 8:00 P.M. each
Monday through Frlday, starlng on June 1 and continuing through
September 30 each year. The City's on-peak hours may be changed
from t~me to t~me and the customer wlll be notifled twelve (12)
months prlor to such changes become effectlve.
DEFINITION OF OFF-PEAK HOURS
The Clty's off-peak hours, for the purpose of this rate
schedule, shall be all hours no= designated as on-peak hours.
SUPPLEMENTAL POWER RIDER
Customers requesting standby or supplementary power shall be
allowed service under this rate schedule; however, the determination
of system demand shall be adjusted to read:
The system demand shall be the sum of the maximum KW
demand supplied durxng the fifteen (18) minute per~od of
maximum use as recorded by the C~ty's demand meter plus the KW
nameplate rating(s) of the customer's generator(s). In the
event the customer's generator(s) is/are off-line a= the
of the establishment of the maximum system demand, the KW
nameplate rating Of the generator(s) unavailable for service
shall be removed from the determination of the system demand.
In no event shall the system demand be less than seventy
percent (70%) of the maximum system demand similarly
determined during the prevLous bLllLng months of June through
September ~n the twelve (12) months ending with the current
month.
PAGE 25
SPECIAL FACILITIES
All services which require speclal facilities ~n order to meet
customer's service requirements shall be provided subject to the
special facllit~es r~der.
PRORATION OF UTILITY BILLS
(a) Blll~ng for the Facility Charge shall be based on 12
b~ll~ngs annually using the following formula
Actual days ~n reading per~od x Customer Charge 30
(b) Billing for demand shall be calculated on a 30-day-per-
month basis and pro rated for longer or shorter b~ll~ng
per~ods using the following formula'
Actual da~s ~n reading Der~od x KW Demand x Rate 30
ENERGY COST ADJUSTMENT
A charge per KWB of energy taken for fuel cost calculated ~n
accordance with Schedule E.C.A.
PAYMENT
Bills are due when rendered, and become past due ~f not pa~d
w~th~n 15 calendar days from date of ~ssuance.
PAGE 26
SCHEDULE LS
STREET LIGHTING
APPLICATION
Applicable to all street lighting owned and maintained by the
City of Denton.
NET MONTHLY RATE
(1) Facility Charge (2) Energy Cost Adjustment
Current ECA x Monthly Bulb Wattage Factor
Bulb Wattage Factor
LS
LSA 100W Sodium Vapor $ 4.75 48 KWH
LSB 250W Sodium Vapor $ 6.75 105 KWH
LSC 400W Sodium Vapor $ 8 50 159 KWH
LM
LMA 175W Mercury Vapor $ 5 50 70 KWH
LMB 250W Mercury Vapor $ 6.50 98 KWH
LMC 400W Mercury Vapor $ 8.25 153 KWH
LMD 1000W Mercury Vapor $15.00 380 KWH
TYpE OF SERVICE
The City will supply single-phase service (or three-phase
service if available at the point of delivery) at sixty (60) cycles
and at any standard voltages available from the City's distribution
system through one standard transformation. Where service of the
type desired by the customer is not already available at the point
of service, special contract arrangements between the City and the
customer may be required prior to its being furnished.
PAYMENT
Bills are due when rendered, and become past due if not paid
within 15 calendar days from date of issuance.
PRORATION OF UTILITY BILLS
a) Billing for the Facility Charge shall be based on 12
billings annually based on the following formula:
Actual days in reading ~erlod x customer charge
30
ENERGY COST ADJUSTMENT
A charge per KWH of energy taken for fuel cost calculated in
accordance with Schedule E.C.A.
PAGE 27
EXHIBIT II
SCHEDULE LO
OTHER LIGHTING
~OA
APPLICATION
Applmcable to State and Local Government agencmes that mnstall
and ma~ntamn themr own street lmghts, other than the Clty of Denton.
BULB WATTAGE
~ET MONTHLY RATE FACTOR
LS1 250W Sodlum Vapor 5.14~/KWH 105 KWH
LS2 400W Sodmum Vapor 5.14~/KWH 159 KWH
LM1 400W Mercury Vapor 5.14~/KWH 153 KWH
LM2 1000W Mercury Vapor 5.14~/KWH 380 KWH
LOB
APPLICATION
Appllcable to other unmetered lighting services.
NET MONTHLY RATE
Total Watts x Hours used per Month x 5.14~/KWH 1,000
TYPE OF SERVICE
At the Clty's avallable secondary voltage and phase.
PAYMENT
Bills are due when rendered, and become past due if not pa~d
w~thin 15 calendar days from date of issuance.
MAINTENANCE CHARGE
Maintenance expenses bzlled at cost.
SPECIAL FACILITIES
All services which require special facilities in order to meet
customer's service requirements shall be provided subject to the
special faclllt~es rider.
ENERGY COST ADJUSTMENT
A charge per KWH Of energy taken for fuel cost calculated in
accordance with Schedule ~.C.A.
PAGE 28
SCHEDULE LT
TRAFFIC LIGHTING
APPLICATION
Applicable to State and Local Government agencies that operate
and maintain their own traffic signals.
NET MONTHLY RATE
All KWH 5.14~ per KWH
~YPE OF SERVICE
At the City's available secondary voltage and phase.
PAYMENT
Bills are due when rendered, and become past due if not paid
w~thln 15 calendar days from date of issuance.
MAINTENANCE CHARGE
Maintenance expenses b~lled at cost.
SPECIAL FACILITIES
Ail services which require special facilities in order to meet
customer's service requirements shall be provided subject to the
special faczlities rider.
ENERGY COST ADJUSTMENT
A charge per KWB of energy taken for fuel cost calculated in
accordance with Schedule E.C.A.
PAGE 29
SCHEDULE DD
DUSK TO DAWN LIGHTING
APPLICATION
Applicable to any customer wlth~n the area served by the
C~ty's electric d~strlbution system for outdoor area llghtlng when
such l~ght~ng facil~ties are operated as an extension of the C~ty's
dlstr~bution system.
NET MONTHLY RATE
(1) ~ac~l~t~ Charge (2) Energy Cost Adjustment
Current ECA x monthly bulb wattage factor
Bulb Wattage Factor
DSA 100W Sodium Vapor $ 7.50 48 KWH
DSS 250W Sodium Vapor ~ 9.75 105 KWH
DSC 400W Sodium Vapor $12.00 159 KWH
DMA 175W Mercury vapor $ 6.25 70 KWH
DMS 250W Mercury Vapor $ 7.25 98 KWH
DMC 400W Mercury Vapor $ 8.00 153 KWH
TYPE O~ SERVICE
The City shall furnish, install, malntain and dellver electrlc
service to automatically controlled, mercury or sodium vapor
l~ght~ng fixtures conforming to the Clty's standards and subject
to ~ts published rules and regulations.
Where necessary for proper llluminat~on or where existing
poles ars inadequate, the City will ~nstall or cause to be ~nstal-
led, one (1) pole fo~ each installed light, at a dlstance not to
exceed eighty (80') feet from said existing lines, at no charge to
the customm:. Each additional pole span shall not exceed a span
spacing of one hundred (100') feet. Addltlonal poles requlred to
~nstall a light in a customer's speclflcally desired location, and
not having a light installed on same, shall bear the cost.
PAYMENT
Sills are due when rendered, and become past due ~f not pa~d
within 15 calendar days from date of lssuance.
PAGE 30
TERM OF CONTRACT
A two (2) year contract shall be agreed to and signed by each
customer desiring Dusk-to-Dawn Lighting Service authorizing fixed
monthly charges, which may be reviewed annually, and to be applied
to the monthly municipal utilities bill. In the event that a
customer desired the removal of the unit or d~scont~nuance of the
service prior to completlon of two (2) years, the remainder of the
contract perlod shall become due and payable. After the end of the
~nltlal two (2) year contract, service shall continue on a
month-to-month basis and may be cancelled by either party upon
thirty (30) days notice
SPECIAL FACILITIES
All service which requires special facilities in order to meet
the customer's service requirements shall be provided subject to
special facll~tles rider.
PRORATION OF UTILITY BILLS
Billing for the Facility charge shall be based on 12 bzllings
annually.
Formula.
Actual da~s in reading period x customer charge 3O
ENERGY COST ADJUSTMENT
A charge per KWH of energy taken for fuel cost calculated in
accordance with Schedule E.C.A.
PAGE 31
SCHEDULE Ti
TEMPORARY SSRVICE
APPLICATION
Applicable when a customer requests electric service on a
short term or temporary basis where a customer has recelved a perml~
from the City of benton's Su~ldlng Inspections Department This
rate ~.s not applicable after the certiflcate of occupancy has been
lssued.
NET MONTHLY RATE
(1) Facility Charge
Single Phase $15.00/30 days
Three Phase $20.00/30 days
(2) Energy Charge $ 6.35~/KWH
(3) Energy Cost Adjustment Current ECA Schedule
MINIMUM BILLING
Facility charge
TYPE OF SERVICE
At the Clty's available secondary supply.
~AYMENT
Bills are due when rendered, and become past due if not pa~d
w~thin 15 calendar days from date of ~ssuance.
%DDITIONAL TEMPORARY SERVICE CHARGES
Labor-(Regular Time) $40.40 m~n~mum up to 1 hour. $40 40
for each additional hour (to be
measured to the nearest one-quarter
hour).
Labor (Overtime) ~60.20 minlmum up to 1 hour. $60.20
for each additional hour (to be
measured to the nearest one-quartet
hour). Premium t~me to be added where
applicable.
PAGE 32
Transportation To be billed by hours or miles, as
applicable, according to the estimated
cost of operating the equipment.
Material Mater~al that cannot be salvaged to be
bllled at Stores cost plus 25% and
applicable sales tax.
At the time a temporary service is
removed or converted, any loss in the
material installed due to negligence
or willful action by the customer will
be billed separately to customer at
Stores cost plus 25% and sales tax.
SPECIAL FACILITIES
All services which require special facilities in order to meet
the customer's service requirements shall be provided subject to
special facilities rider. See Section 25-23(s) for standard
requirements.
PRORATION OF UTILITY BILLS
Billing for the Facility charge shall be based on 12 billings
annually.
Formula
Actual days in reading period x customer charge 3O
ENERGY COST ADJUSTMENT
A charge per KWH of energy taken for fuel cost calculated in
accordance with Schedule E.C.A.
PAGE 33
SCHEDULE P1
INTERRUPTIBLE PRIMARY SERVICE
APPLICATION
Applicable to all customers taking primary service at a f~rm
power load exceedlng 5,000 KVA during the months of June, July,
August and September and Is, by contract, provided service sub]ec~
to load interruptions.
NEt MONTHLY CHARGE (Estimated transmission firm)
(1) Facility Charge $60.00/30 days
(2) Energy Charge 1.36~/KWH
(3) Demand Charge $7.00/KW
(4) Energy Cost Adjustment Current ECA Schedule
PAYMENT
~ills are due when rendered, and become past due if not paid
within 15 calendar days from date of Issuance.
MINIMUM BILLING
An amount equal to the demand charge as calculated below but
not less than seventy percent (70%) of the maximum monthly KW
similarly determined during the previous billing months of MAY
through OCTOBER in the 12 months ending with the current month, nor
LESS than 750 KW.
~YPE O~ SERVICH
Interruptible primary voltage service (transformation
equipment owned by customer) is available to any customer with a
12-month minimum monthly demand of 5,000 KW or greater.
Interruptib~a primary service rendered at one point on the
customer's premises at a nominal voltage of 13,200 volts or 69,000
volts three-phase at the option of the utility.
The primary voltage service customer shall own, operate, and
maintain all facilities necessary to receive three phase primary
voltage service and all transformation facilities required for
conversion to utilization voltage. The City shall own, operate and
maintain all metering facilities, either at primary or secondary
voltage, at the Utility's option. Where the City elects to meter at
secondary voltage, two percent shall be added to the demand charge,
the energy charge and the energy cost adjustment charge to account
for transformer losses.
PAGE 34
DETERMINATION OF DEMAND
The demand shall be the KW supplied during the 15-minute
period of maximum use during the current month as determined by
City's demand meter, but not less than 70% of the maximum monthly KW
similarly determined during the previous billing months of MAY
through OCTOBER in the 12 months ending with the current month, nor
LESS than 5,000 KW.
POWER FACTOR REQUIREMENTS AND ADJUSTMENTS
The City reserves the right to make tests to determine the
power factor of the user's installation served hereunder during
periods of maximum demand for the monthly billing periods. Should
the power factor so determined be below ninety (90%) percent, the
demand for billing purposes will be determined by multlplyxng the
uncorrected KW billing demand by ninety (90%) percent and d~v~ding
by the determined power factor
SPECIAL FACILITIES
~11 service which requires special facilities xn order to meet
the customer's service requirements shall be provided subject to
special facilities rider.
PRORATION OF UTILITY BILLS
(a) Billing for the Facility charge shall be based on 12
b~lllngs annually.
Formula.
Actual da~s in readin~ period x customer charge 3O
(b) Billing for demand shall be calculated on a 30 day per
month basis and prorated for longer or shorter billing
periods.
Formula:
Actual da~s in reading period x KW Demand x Rate
ENERGY COST ADJUSTMENT
A charge per KWH of energy taken for fuel cost calculated in
accordance with Schedule E.C.A.
PAGE 35
SCHEDULE A~
ATHLETE FIELD
APPLICATION
Applicable to all electric service metered at one point for
use to light specIfIed areas for athletlc events where such
electrical use will not OCCUr between the hours of 10 00 A.M. and
7.00
NET MONTHLY RATE
(1)' Customer Facilities Charge
Single Phase $20.00 per 30 days
Three Phase $30.00 per 30 days
(2), Energy Charge
Billin~ months of June through September.
Ail Other Hours (Off Peak) 3.75~ per KWH
1:00 PM to 8:00 PM (Peak) 7.506 per KWH
~ (Weekdays excluding City Holidays)
8illin~ months of October through May:
All hours 3.75~/KWH
(3) Demand Charge
H~llin~ months of June ~hrou~h September:
Ail Other Hours (Off Peak) $1.00 per KW per
30 days
1:00 PM to 8500 PM (Peak) $4.50 per KW per
30 days
Billing months of October through May:
All hours $1.00 per KW per
30 days
(4) Energy Cost Adjustment Current ECA Schedule
MINIMUM BILLING
Facility Charge
PAGE 36
TYPE OF SERVICE
At the C~ty's available secondary voltage and available phase
For use only between the hours of 7.00 P.M. and 10.00 A.M. from June
through September and all hours from October through May.
POWER FACTOR
The City reserves the right to make tests to determine the
power factor of the customer's ~nstallatlon served during periods of
maximum demand or by measurement of the average power factor for the
monthly billing period. If the power factor is below ninety
percent, the demand for billing purposes will be determined by
multiplying the uncorrected KW billing demand by 90% and divldlng by
the determined power factor
SPECIAL FACILITIES
Ail services which require special facllities in order to meet
customer's service requirements shall be provided subject to the
special facilities rider.
PRORATION OF UTILITY BILLS
(a) Billing for the Facility charge shall be based on 12
billings annually.
Formula.
Actual da~s 1n reading period x customer charge 30
(b) Billing for demand shall be calculated on a 30 day per
month basis and prorated for longer or shorter b~lllng
periods.
Formula:
~ctual da~s in reading period x KW demand x Rate 3O
ENERGY COST ADJUSTMENT
A charge per KWH Of energy taken for fuel cost calculated in
accordance with Schedule E.C.A.
PAGE 37
SCHEDULE ES
STANDBY~ SUPPSEMENTARY AND MAINTENANCE SERVICE
6PPLICATION
Applicable ~n all areas served by the C~ty to customers who
(1) own and/or operate an electric power generatlon faclllty
mainly used for nonemergency uses and which has a total
nameplate or effectlve capacity (whichever ls lesser) of
fifty (50) KW or more in parallel with the Clty's electric
system for the purpose of generating power for the
customer's own consumptlon, and
(2) employ equipment which ~s compatible with the C~ty's
electric system at the customer's delivery point and which
will cause no damage to the C%ty's electric system or
equipment or present undue hazards to City personnel, and
(3) own and/or operate an electrical generating facility which
has been certified annually by a registered professional
engineer practicing in the utility or Independent Power
Production Industry to be a functioning and reliable
generating facility.
(4) operate an electrical power generating system at least
6,500 hours annually.
(5) execute an agreement for interconnectlon and parallel
operation with the City.
INTERCONNECTION COSTa
The customer shall reimburse the City for any equipment or
facilities required as a result of the Installation Dy the customer
of generation in parallel with the City's electric system.
The customer shall pay all costs of the City to extend ~ts
facllities or modify them at the time of xnterconnection, or at some
future time-in order to permit parallel operation of the customer's
facility.
TYPE O~ SERVICE
The City shall supply alternating current, sixty (60) cycles at
the voltage and phase of the City's electric system most avaLlable to
the location of the customer. The primary voltage customer shall
own, operate and maintain all facilities necessary to receive three
phase primary voltage service and all transformation facil~t~es
required for conversion to utilization voltage. The City shall own,
operate and maintain all 'me~erlng facilities, either at primary or
secondary voltage, at the City's option. Where the City elects to
meter at secondary voltage, the secondary energy and on-peak demand
charges shall apply.
PAGE 38
NET ~ONTNLY RATE
Primary Secondary
Service Serv%ce
(1) Facility Charge $60.00/30 days $25.00/30 days
(2) Demand Charges.
On-Peak Demand $10.10/KW $10.20/KW
System Demand $ 3.50/KW $ 3.70/KW
(3) Energy Charges.
Non-Emergency Energy $ 0.0020/KWH $ 0 0030/KWH
Emergency Energy $ 0.0520/KWH $ 0.0530/KWH
(5) Energy Cost Adjustment Per Sch ECA Per Sch ECA
MINIMUM BILLING
The minimum monthly billing shall be the highest of the following.
(1) The sum of the Customer Facility Charge, the On-Peak Demand
Charge, and the System Demand Charge; or
(2) A charge of $1.00 per KVA of installed transformer capacity.
DETERMINATION OF ON-PEAK DEMAND
The on-peak demand shall be the maximum KW demand supplled by the
Clty during the fifteen (15) minute period of maximum use durlng the
on-peak hours as recorded by the City's demand meter and adjusted for
power factor, but not less than one hundred percent (100%) of the
maximum on-peak demand which occurred during the previous billing
months of June through September in the twelve (12) months ending w~th
the current month.
DETERMINATION OF ON-PEAK DEMAND - COGENERATION UNITS NOT OPERATING
AND CUSTOMERS PEAK DID NOT CONTRIBUTE TO CITY'S ANNUAL SYSTEM PEAK
If a customer's cogeneration unit(s) is/ara off during peak
hours, and the customer's peak dld not contribute to the City's annual
system peak, and the cogeneration unit is one (1) MW or larger, then
the nameplate rating of the customer's unit(s) shall be deducted from
the peak demand.
The customer shall be charged the appropriate on-peak demand
charges for the KW supplied by the City for the succeeding twelve (12)
months.
PAGE 39
DETERMINATION OF SYSTEM DEMAND
The system demand shall 'Re the sum of the maximum KW demand
~uppl~,ed during the fifteen (15) m~nu~e per~od of maximum use as
record'ed by the C~ty's demand meter plus the KW nameplate rating(s) of
the customers generator(s).
In no event shall the system demand be less than seventy percent
(70%) of the maximum on-peak demand s~m~larly determined during the
previous billing months of June through September ~n the twelve (12)
months ending with the current month.
DETERMINATION OF NON-EMERGENCY ENERGY
All energy supplied to customers whose generating un,ts are less
than one (1) MW capacity.
DETERMINATION OF EMERGENCY ENERGY
Emergency energy ls all energy suppl~ed by the City during peak
hours of operation to displace energy normally supplled by customer's
one (1) MW Or larger unit.
POWER FACTOR PENALTY
The City reserves the right to determine the power factor of the
customer's installation served durlng per~ods of maximum demand or by
measurement of the average power factor for the monthly b~ll~ng
perlod. If the power factor ls below ninety percent (90%) durzng
on-peak hours, the demand for billing purposes will be determined by
multiplying the uncorrected KW billlng demand by 90% and dlvldzng by
the de~ermined power factor. The formula ~s as follows:
Unadjusted billing demand x .9
Determined power factor
DEFINITION OF ON-PEAK HOURS
The City's on-peak hours, for the purpose of this rate schedule,
are designa~e4 as being from 1:00 P.M. to 8:00 P.M. each Monday through
Friday, starting on June 1 and contlnulng through September 30 each
year.
D,EFINITION O~ OPP-PEAK HOURS
The City's off-peak hours, for the purpose of this rate schedule,
shall be all hours not designa=ed as on-peak hours.
SPECIAL FACILITIES
Ail services which require special facilities in order to meet
customer's service requirements shall be provided subject to the
special facLlities rider.
PAGE 40
PRORATION OF UTILITY BILLS
(a) B~lling for demand sh~all be calculated on a 30 day per month
basis and prorated for longer or shorter billing per~ods
uslng the followlng formula
Actual days in reading period x Customer Charger 30
(D) Billing for demand shall be calculated on a 30 day per month
basis and prorated for longer or shorter billing periods
uslng the following formula.
Actual days in readlng period x KW Billing Demand x Rate 30
CREDIT FOR ENERGY DELIVERED INTO CITY'S SYSTEM DURING ON-PEAK
HOURS
If Customer-produced energy is fed back lnto the City's system
during on-peak hours, an amount equal to fuel cost calculated in
accordance with Schedule E.C.A., as applicable to such energy
credited monthly, provided that Customer has paid the City for
necessary added meterlng, protective and other equipment as determined
by the City.
CREDIT FOR ENERGY DELIVERED INTO CITY'S SYSTEM DURING OFF-PEAK
HOURS
If Customer-produced energy ls fed back lnto the City's system
during off-peak hours, an amount equal to ~0.01241 per KWH (for each
KWH delivered back into the City's system) will be credited monthly,
provlded that Customer has pa~d the City for necessary added metering,
protectlve and other equipment as determined by the City.
ENERGY COST ADJUSTMENT
A charge per KWH of energy taken for fuel cost calculated
accordance with Schedule E.C.A.
PAYMENT
Bills are due when rendered, and become past due if not paid
~lthin twenty (20) calendar days from date of issuance.
LATE PAYMENT CHARGES
Bllls are considered past due ~f not received within twenty (20)
calendar days and shall be accessed a late payment charge of one and
one-half percent (1.5%) per month on any unpaid balance.
PAGE 41
SCHEDULE DL
DECORATIVE LIGHTING
6PPLICATION
Applicable to any customer on the perimeter of the square
served by the City's electric distribution system for outdoor area
lighting when such lighting facilities are operated as an extension
of the City's distribution system.
NET MONTHLY RATE
(1) Facility Charge $3.70
(2) Energy Cost Adjustment Current ECA x Monthly Bulb
Wattage Factor based on
415 KWH per Customer
TYPE OF SERVICE
The City shall furnish, install, maintain and deliver electric
service to automatically controlled lighting fixtures conforming to
the City's standards and subject to its published rules and
regulations. The service is provided between dusk and midnight.
PAYMENT
Hills are due when rendered, and become past due if not paid
within 15 calendar days from date of issuance.
SPECIAL FACILITIES
Ail service which requires special facilities in order to meet
the customer's service requirements shall be provided subject to
special facilities rider.
~RORATION OF UTILITY BILLS
Billi~g for the facility Charge shall be based on 12 billings
annually.
~ormula:
Actual da~s in reading period x Facility Charge 3O
ENERGY COST ADJUSTMENT
A charge per KWH of energy taken for fuel cost calculated in
accordance with Schedule E.C.A.
PAGE 42
SCHEDULE IDR
INDUSTRIAL/ECONOMIC DEVELOPMENT RIDER
AVAILABILITY
Thls rider is available to the customers who recelve servlce
from e~ther of Clty's Rate Schedules LP, TLP, GP, TGP, GS, or TGS.
APPLICATION
Th~s r~der ~s avallable to electrlc service supplled at any
one locat~on and measured through one meter. Th~s is for f~rm
electric service appl~cable to new customers and existing customers
as descrlbed below.
(1) New customers whose electrlc service represents demand
not previously served by the Clty at any locatlon in the
Clty's service area in the last 12 months and where such
metered demand is ~n excess of 200 KW.
(2) Ex~st~ng customers served under Rate Schedules LP, T~P,
GP, TGP, GS, and TGS who add additional metered demand of
at least 200 KW on top of their existing level of
demand. This additional load will be separately metered.
Under no clrcumstances may this rider be used to reduce the
current amount of other firm service billed to the customer. During
the term of this agreement, the customer may not reduce other firm
servlce peak demand.
NET MONTHLY RATE
The customer shall be charged under the appropriate applicable
rate schedules with the exception that the monthly billing demand or
system demand will be adjusted ~n accordance with the following
table:
Reduction to Billing
Time Period Demand or S~stem Demand
First Year 50%
Second Year 40%
Third Year 30%
Fourth Year 20%
F~fth Year 10%
CONTRACT PERIOD
The term of the contract will be a five-year period.
PAGE 43
SCHEDULE TS
THEP/W~tL ST.ORAGE INCENTIVE
APPLICATION
Applicable to any customer who agrees to be on Time-of-Use
rate for five (5) years and who has a thermal storage facility of a
minimum storage capacity of 840,000 BTU. The General Service Time
of Use Rate (TGS) shall apply, except that the system demand charge
shall be increased by 2.50/KW of system demand.
THERMAL STOP. AGE INCENTIVE PAYMENTS
Payment $150/Kw/Storage
Thermal storage incentive payments shall be made to qualifying
customers based on the following method:
A design shall be submitted to the Director of Electric
Utilities for approval. The thermal storage equipment shall be
checked for input electric demand (KW) and output capacity (BTU).
The system shall be limited for incentive payment to a maximum of
12,000 BTU pe '~ square £eet for the conditioned area of the
facility to be served.
Upon completion, the input-output of the thermal storage units
will be measured by the City of Denton. The customer may observe
and verify all information and calculations for the actual size of
the facility. Auxiliary equipment used to circulate fluid or air
handlers which would operate under normal peak periods will not be
included in calculatin$ Che KW load for incentive payments.
PAGE
SCHEDULE UPS
UNINTERRUPTIBLE POWER SUPPLY
APPLICATION
Applicable to any customer who, by written agreement, receives
service for lnlnterrupt~ble power supply for a computer or other
electrical equIpment.
Not aPPlicable for resale service in any event, nor to
temporary or standby service except in con]unctlon with applicable
rider.
pET MONTHLY RATE
(1) Customer Facility Charge:
250 W Power Standby Unit $ 7.55/30 days
1,200 W Power Standby Unit $30.95/30 days
(2) Installation Charge $25.00
~or any W Power Standby Unlt other than above, the monthly
customer charge will be based on the following formula:
(1) Monthly Charge:
5% of Annual Maintenance Cost PLUS
12 months
6% Annual Return of Investment PLUS
12 months
8% Interest on a 5 Year L~fe
TYPE 0F SERVICE
The City shall furnish, install, maintaIn an automatically
controlled alternating current power backup unlt conforming to the
City's standards and subject to its published rules and regulations.
PAYMENT
Bills are due when rendered, and become past due ~f not pa~d
within 15 calendar days from date of ~ssuence.
~PECIAL FACILITIES
Ail services which require special facilities in order to meet
customer's service requirements shall be provided subject to the
special facilities rider.
PAGE 45
PRORATION OF UTILITY BILLS
(a) Bllllngs for the Facility charge shall be based on 12
b~ll~ngs annually.
Formula.
Actual days ~n reading period x customer charge 30 days
PAG~ 46
Thac i£ any section, subsection, paraSreph, sentence, clause,
phrase or word in Chis ordinance, or application charao£ co any
person ,or circumstances is held inval£d by any court of competent
Jurisd~ccio~, such holdin$ shall hoc affect the validity of the
remain~n$ portions of chis ordinance, and =he City Council of =he
C£=y of DenTon, Texas, hereby declares bt would have enacted such
rema£n~n$ portions despite any such invalidity.
SECTION
Tha.= The Schedule of RaCes herein adopted shall be effective,
char~edl and applied Co =he first reSular billinS cycle on or
after October 1, 1989.
PASSED
AND
,
, TEXAS
ATTEST:
. P ovEO AS TO LEGA rom :
DEBRA ~A~A~I DI%AYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: ~
PAGE 48
SCHEDULE ECA
ENEBGY COST ADJUSTMENT
~NERGY COST ADJUSTMENT
All monthly KWH charges shall be increased or decreased by an
amount equal to "X" cents per KWH, to be known as the energy cost
adjustment (ECA). The ECA shall De computed ~n the months of April
and October to be applied to the following periods of May through
October and November through Aprll respectlvely. The Czty shall ~n
no case change the energy cost adjustment more than twice ~n e~ther
of the slx (6) months periods. The ECA shall be calculated by the
followlng formula:
ECA (W~nter) = Pro~ected ener~ cost for winter months
Projected KWH sales for winter months
ECA (Summer) = Pro~ected ener~ cost for summer months
Pro]ected KWH sales for summer months
The above formula results in W~nter 1986/87 and Summer 1987
ECA's as follows:
SCA (W~nter) = 1.90~/KWH
ECA (Summer) ~ 1.90~/KWH
In the event that actual cumulatlve costs of fuel, varlable
costs of Texas Municipal Power Agency (TMPA) energy and purchased
energy (excluding TMPA's fixed charges) is greater than or less than
the cumulative ECA revenues by $1,000,000 during the fiscal year,
the City may recompute the Energy Cost Adjustment and re-establish
an ECA that collects or returns such difference over the remaining
months of the fiscal year. Such change in ECA shall be applied
evenly to all remainlng months' ECA.
PAGE 47
Nex Doeument
2847L
RESOLUTION NO ~
A RESOLUTION CASTING VOTES FOR MEMBERS TO THE BOARD OF DIRECTORS OF
THE DENTON CENTRAL APPRAISAL DISTRICT, AND DECLARING AN EFFECTIVE
DATE
NOW. THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I That the City Council of the city of Denton. Texas.
hereby easts 247 votes for Horace Brock and 216 votes for Jon Beck
as members of the Board of Directors of the Denton Central
Appraisal District for the County of Denton, Texas
SECTION II. That this Resolution shall become effective from
and after its date of passage
PASSED AND APPROVED this the ~'~''day of ~~_. 1989
RAY ST m' S. YOR
ATTEST
/I~i~E~ WAL~ERS, C~Y -SECRETARY
'~[PPROVED AS TO LEGAL FORM'
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
COMMISSION STATE DEPARTMENT OF HIGHWAYS ENGINEER DIRECTOR
ROBERT H DEDMAN CHAIRMAN AND PUBLIC TRANSPORTATION R E STOTZER JR P E
RAY STOKER JR
WAYNE B DUDDLESTEN [~ O Box 3067
Dallae, Texas 75221-3067
November 17, 1989
IN REPLY REFER TO
Safety Lighting Agreement
Mr Roger N Wilkinson
Right-of-Way Agent
City of Denton
Municipal Building
Denton, Texas 76201
Dear Mr Wilkinson
Attached for your files is a fully executed agreement for safety lighting pro-
3ect$ within the City of Denton The current project is to install safety
lighting at the interchange of U S 377 with Loop 288 Plans for this project
have been submitted for a December 1989 contract lett~
Sin
Distich/Transportation gngineer
Attachment
November 8. 1989
Mr Joe D Rogers
Chief Appraiser
Denton Central Appraisal D/strict
P O Box 2346
Denton, Texas 76202
Dear Mr Rogers'
Attached please find a copy of Resolution No R89-071 passed
unan/mouely by the City of Denton City Council on November 7,
1989 This resolution casts Denton's votes for members to the
Board of D/rectors of the Denton Central Appraisal Dlstr/ct
If you require any further information, please feel free to
contact me.
Sincerely.
Jennifer Walters
City Secretary
City of Denton
DENTON CENTRAL APPRAISAL DISTRICT
MEMO
DATF' November 17, 1989 i~
TO' Ail Board of Director Candidates
Cohnty Judge & Commissioners
Ail Jurisdictions'
quperintendents & School Board Presidents
Mayors & City Managers
FROM. Joe D. Rogers, Chief Appraiser
SUB7 Election of the 1990/01 Board of Directors
The following fsa list of the candidates nominated for the Denton
Central Appralaal District Board of Directors and tbs outcome of the
election.
1) Beck, Jori 864 Votes Flected to Board
2 Brockt Horace 985 Votes Flected to Board
3) Belms~ Diane 58 Votes
4) Moore~ Bradley 520 Votes
5) Myers~ Clarence 836 Votes Flected to Board
6) Smith~ Richard 839 Votes Elected to Board
7) White.~ Troy 834 Votes Elected to Board
The newly elected Directors will serve two year terms beginning
January 1~ 1990. They will be mailed information in December of
1989, pertain~ng to the duties of the Directors and the duties of
the Denton Central Appraisal District.
2856L
RESOLUTION NO.~
A RESOLUTION ADOPTING THE CAPITAL IMPROVEMENT PLAN PROPOSED BY THE
PLANNING AND ZONING COMMISSION, AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on the 13th day of September, 1989 the Planning and
Zoning Commission approved a list of capital improvements which
in the opinion of the commission ought to be constructed during
the forthcoming five year period, and
WHEREAS, the Commission also recommended a five year schedule
of capital improvements for the period 1994 to 1999, and
WHEREAS, the City Manager furnished a copy of such recom-
mendations to the City Council on the 3rd day of November, 1989,
and
WHEREAS, all of the above actions were taken in compliance
with the requirements of Section 10.03(a)(6) of the City Charter,
and
WHEREAS, the City Council wishes to formally adopt the rec-
ommendations of the Commission, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I. That the Council hereby approves the attached
list of capital improvements which will be sought to be con-
structed during the forthcoming five year period, and the capital
zmprovement program for the electric and water utilities, based
on funding capability.
SECTION II. That the Council hereby takes under consider-
ation the attached list of recommendations of the Planning and
Zoning Commission of General Government capital improvements for
the years 1994-95 to 1998-99.
SECTION III. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the ~/~- day of November, 1989.
ATTEST
APPROVED AS TO LEGAL FORM.
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
PAGE 2
×HIBIT
07-Sap-89 1990 - 1994 CAPITAL IHPROVENENT PLAN - REVISED
04 48 PM ELECTRIC DEPARTNENT
kS X 1000)
PROJECT BOND CURRENT AID-[N
NURBER PROJECT DESCRIPTION TOTAL FUND REVENUE CONSTR OTHER
F[SCAL YEAR 90
90-EP-01 Nslnt. Workshop & Warehouse 120 120 0 0 0
90-EP-02 8t&cK #onltorlng, All Units 0 0 0 0 0
90-EP-03 #~ac. Tools & E~u~13~ent 40 0 40 0 0
90-EP-04 Nlsco Oft~ce Equ~l~aen~ 15 0 15 0 0
90-EP-06 Spencer Plant Security 35 0 35 0 0
90-EP-06 F~re Protection 54 0 54 0 0
90-EP-O? Plant Parklng 8 0 8 0 0
90-EP-08 Lewlsvllle Hyaro ElectrlC 2~251 2,251 0 0 0
90-EP-Og Ray Roberts Hyaro Electric 1,082 1,082 0 0 0
90-EP-IO Ray Roberts Hyarocorp PenSto¢~ 0 0 0 0 o
REVISED SUB-TOTAL ELECTRlC PRODUCTION 3,605 3,453 152 0 0
90-ESL-01 Street Llg~tlng - Res~aant~al 73 0 33 40 0
90-ESL-02 Street L1gnt~ng - Arterial 72 72 0 0 0
90-ESL-03 Street Lig~tln~ - Security L19fl 33 0 33 0 0
90-ESL-04 Hotor Pool Re~l&cement 45 0 38 0 7
REVISED SUB-TOTAL ELECT STREET LIGHTS 223 72 104 40 7
90-ED-01 O/H Extensions ana Improvement 850 850 0 0 0
90-ED-02 Power Factor Improvements 95 95 0 0 O
90-ED-05 No[or P~I ReplaG~n[ 205 0 69 0 136
90-ED-06 fllscellaneous T~ls & Equl~n[ 80 0 80 0 0
90-E~07 R~g~[-ot-Way Eas~n~s 45 0 45 0 0
90-ED-08 Econ~lc Fee~er Conauc[or RepJ. 165 0 165 0 0
90-E~09 O/H To Unoergroun~ Conversions 300 0 30O 0 0
90-ED-lO Electric SaFVlGe Cefl[eF 0 0 0 0 0
90-E~11 PuFc~ase ot Electric Facilities 0 0 0 0 0
REVISED SUB-TOTAL ELECTR[C DISTRIBUT[ON 3,084 2,263 659 26 136
90-EH-01 He[e~s & Assocla[eG E~ul~n[ 96 70 26 0 0
90-EH-02 Replace Un1[ ~5313 12 0 6 0 6
90-E~-03 H~scellaneous TOOLS & EqUl~en[ 10 0 10 0 0
90-EH-04 Loa~ Nanag~en~ P~ogr~ 150 150 0 0 0
90-EH-05 Oa[~a[~c Hater EGul~en[ 50 0 50 0 0
REV[SED SUB-TOTAL ELECTRIC flETERZNG 318 220 92 0 6
Page 10
07-Sep-sg 1990 - 1994 CAPITAL IMPROVEMENT PLAN - REVISED
04 48 PM ELECTRIC DEPARTMENT
tS X 1000)
PROJECT BOND CURRENT AID-IN
NUMBER PROJECT DESCRIPTION TOTAL FUND REVENUE CONSTR OTHER
FISCAL YEAR 90
90-EC-01 Ra01o Capacitor Control 22 0 22 0 0
90-EC-O1A FlOat Optlcs 18 0 18 0 0
90-EC-02 Central Dispatch Center 0 0 0 0 0
90-EC-03 900 MHZ Co~n. System 25 0 25 0 0
REVISED SUB-TOTAL ELECT COflNUNICATIONS 65 0 65 0 0
90-ES-01 Miscellaneous Tools & Equipment 15 0 15 0 0
90-ES-02 Beautlfy North LaKes SuDs. 10 10 0 0 0
90-ES-03 Replace Unlt #$$02 13 0 4 0 9
90-ES-04 Battery Replacement 7 7 0 0 0
90-ES-06 Bull~lng Snell 30 30 0 0 0
90-ES-06 Brazos RTU's 50 0 $0 0 0
90-E6-07 Future BuD, Denton Nest 50 SO 0 0 0
REVISED SUB-TOTAL ELECTRIC SUBSTATIONS 175 97 69 0 9
90-ENIS-01Hlsc. Off. Equip/Furniture 66 0 66 0 0
90-ENIB-02 Notor Pool - 83 Reliant #5604 14 0 7 0 T
90-EMIS-03 Efficiency Incentive Program 0 0 0 0 0
90-EM[S-04 Ne~ Bullalng 0 0 0 0 0
90-EMIS-05 GIB Map Sys%em 200 200 0 0 0
REVISED SUB-TOTAL ELECTRIC ADHINISTRATIO 266 200 66 0 0
REVISED TOTALS FOR YEAR - 1990 CIP 7,736 6,305 1,207 66 158
Page 11
07-SED-89 1990 - 1994 CAPITAL IMPROVEMENT PLAN - REVISED
04 48 PH ELECTRIC DEPARTHENT
[$ X 1000)
PROJECT BOND CURRENT AID-IN
NUMBER PROJECT DESCRIPTION TOTAL FUND REVENUE CONSTR OTHER
FISCAL YEAR 91
91-EC-01 Raalo Capacitor Control 40 0 40 0 0
91-EC-02 M15c. T0015 & EGu~pment 20 0 20 0 0
gl-EC-03 Telephone [n%erconnect 56 0 65 0 0
91-EC-04 Replace Po~er Inverter 25 0 25 0 0
91-EC-05 Central Dlepatch Can[er 300 300 0 0 0
REVISED SUB-TOTAL ELECT COM#UNZCATIONS 440 300 140 0 0
91-ES-01 Auara SUD. Construction 1,000 1tO00 0 0 0
91-ES-02 $CADA Equlloment UpgraOe 50 0 50 0 0
91-E$-03 Screen AlrDort SUD. 75 75 0 0 0
91-ES-04 Miscellaneous Tools & Equip. 18 0 18 0 0
91-ES-05 Purchase Commercial Mower 6 0 S 0 0
REVISED SUB-TOTAL ELECT SUBSTATIONS 1,151 1,075 76 0 0
91-EH[S-01Hlsc. Off. Equip~Furniture 150 0 160 0 0
91-EH[S-02 Motor Pool - #$603/Doage PlcKup 15 0 8 0 ?
91-E#[S-03 Efficiency Incentive Program 0 0 0 0 O
gl-EMIS-04 GIG Work $[atlon 40 0 40 0 0
gl-EMIS-O$ Motor Pool - 83 Rei~ent #$604 14 0 7 0 7
91-EM[$-07 New Bullalng 488 488 0 0 0
REVISED SUB-TOTAL ELECT AONZNISTRATION 707 488 205 0 14
NET INCREASE/tDECREASE) OVER ORIGINAL 132 488 [363) 0 T
REVISED TOTALS FOR YEAR - 1991CIP 7,944 6,459 1,266 56 143
Page 12
07-Sep-8g 1990 - 1994 CAPZTAL ZMPROVEMENT PLAN - REVISED
04 48 PM ELECTRIC DEPARTMENT
($ X 1000)
PROJECT BOND CURRENT AID-IN
NUHBER PROJECT DESCR[PTZON TOTAL FUND REVENUE CONSTR OTHER
FISCAL YEAR 91
91-EP-01 Rep1Demlnerallzer/Upgrade Btag 350 350 0 0 0
91-EP-O1A S%ack Monitoring-Al1Un1%$ 260 260 0 0 0
91-EP-02 MlaG. EQulp. & Tools &O 0 50 0 0
91-EP-03 NlSC. Ottlce Equ~paten[ 15 0 15 0 0
gl-EP-04 Burner Safety Contr (Units 1&2) 6 0 6 0 0
91-EP-05 Improve Alt Hove in Basement 10 0 10 0 0
REVISED SUB-TOTAL ELECTRZC PRODUCTZON 691 610 81 0 0
91-ESL-01 Street Llgntlng - Real~entlal 95 39 0 56 0
91-ESL-02 Street Llgn[lng - Arterlat 173 173 0 0 0
91-ESL-03 Street Llg~tlng - Security L[ 35 0 35 0 0
REVISED SUB-TOTAL ELECT STREET LIGHTS 303 212 35 56 0
91-ED-01 O/H Extensions and Xmprovement 550 550 0 0 0
91-ED-02 Power FaG[or Improvements 100 100 0 0 0
91-ED-03 UndergFoun~ Ext. & Improvements 813 813 0 0 0
gl-ED-04 Transformers & EqulDmen[ 978 978 0 0 0
gl-ED-OB Motor Po01 Replacement 153 0 31 0 122
91-ED-06 M~ecellaneoua Tools & Equipment 90 0 90 0 0
91-ED-07 Rip,I-of-way Easements 50 0 50 0 0
91-ED-08 Economic Feeder Conductor Repl. 170 0 170 0 0
91-ED-Og O/H To Un~ergrouna Conversions 300 0 300 0 0
91-ED-10 MODlle D&[a Termln&l$ 25 0 25 0 0
91-ED-11 Electric Servlce Center 600 600 0 0 0
91-ED-12 Purc~&ae of Elec~ Facilities 500 500 0 0 0
REVISED SUg-TOTAL ELECTRIC DISTRIBUTION 4,329 3,541 666 0 122
91-EH-01 ,etera& Aeaoclete~ Equipment 107 75 32 0 0
91-EN-02 Replace Un1[ #$301 15 0 8 0 7
91-EN-03 M~scallaneous Tools & Equipment 18 0 18 0 o
91-Efl-04 Load Management Program 158 158 0 0 0
gl-EH-05 MoDlle Data Terminals 25 0 25 0 0
REVISED SUB-TOTAL ELECTRIC HETERING 323 233 83 0 7
Page 13
07-Sep-Bg 1990 - 1994 CAPITAL IHPROVENENT PLAN
04 48 PN ELECTRIC DEPARTNENT
($ X 1000)
PROJECT BOND CURRENT AID-IN
NUNBER PROJECT DESCRIPTION TOTAL FUND REVENUE CONSTRUCT[ O~HER
FISCAL YEAR 92
92-EP-01 Hlac, Po~er Plan~ E~utp, & Tool 60 0 60 0 0
g2-EP-02 #lac, Office Equipment 15 0 15 0 0
92-EP-03 Replace Vehtcle ~$103-83 Ho~el 13 0 12 0 1
92-EP-04 Replace He,er #$363 6 0 6 0 0
92-EP-05 Replace Con[roi Valves #5 Bolts 150 0 150 0 0
SUB-TOTAL ELECTRIC PROOUCTION 244 0 243 0 1
92-ESL-01 S~ree[ Llg~[lng - Realaen[lat 101 0 41 60 0
92-ESL-02 S~reet Llg~tlng -Art, er;&l 159 159 0 0 0
92-ESL-03 $~reet Llg~ng - 8ecurl~y Llg~ 40 0 40 0 0
SUB-TOTAL ELECTRIC STREET LIGHT 300 159 81 60 0
92-ED-01 O/H Extensions &nO Improvemen[ 529 529 0 0 0
92-ED-02 Po~er Factor Improvements 105 105 0 0 0
92-ED-03 Unaergrouna Ext. & Improvements 902 902 0 0 0
92-ED-04 Transformers & E~ulpmen[ 945 945 0 0 0
92-ED-05 ~o[or Pool Repiacemen[ 228 0 91 0 137
92-ED--06 N~scellaneoua Tools & Equtl~men[ 100 0 100 0 0
92-ED-07 Rlg~-ot-Way Easements 55 55 0 0 O
92-ED-08 Economlc Feeaer Conductor Rapt, 205 205 0 0 0
92-ED-Og O/H To Unaergrouna Conversions 2,400 2,400 0 0 o
SUB-TOTAL ELECTRIC DISTRIBUTION 5,469 5,141 191 0 137
92-EN-01 ,stars & Assocla[eQ E~ulpmen[ 119 85 34 0 0
92-EN-02 Real&ce Unl~ #$30g, #6312 & #53 39 0 9 0 30
92-EN-03 Nlscellaneous Tools & Equipment 20 0 20 0 0
92-EH-04 Loaa Nanagement P~ogram 165 165 0 o 0
SUB-TOTAL ELECTRIC #ETERING 343 250 63 0 30
Page 14
07-Sep--89 1990 - 1994 CAPITAL ZNPROVEHENT PLAN
04 48 PH ELECTRZC DEPARTHENT
tS X 1000)
92-EC-01 HNSC, Tools & Equipment 20 0 20 0 0
SUB-TOTAL ELECTRIC COflHUNICATIO 20 O 20 0 0
92-ES-01 Mlsc. Tools & Equipment 30 0 30 0 0
92-E$-02 Replace Unit ~5516 14 0 7 0
92-ES-03 Transformer HoDlllzatlon 100 100 0 0
92-ES-04 Repl Subs E~erg. Interphone Sys 15 O 15 O 0
SUB-TOTAL ELECTRIC SUBSTATIONS 169 100 52 0 T
92-EH[S-01 #1sc, Off, E~ulD/Furnl%ure 80 0 80 0 0
92-EHIS-O2 Ho%or Pool - ~5008 - New Vahlcl 30 0 15 0 15
92-EH15-03 Efficiency Incentive Program 0 O 0 0 0
92-Efl[8-o4 SiS Software 50 0 50 0 0
SUB-TOTAL ELECTRIC ADH. HISC. 160 0 145 0 15
TOTALS FOR YEAR - 1992 CZP 6,695 5,650 795 60 190
Page 15
07-Sap-89 1990 - 1994 CAPITAL [HPROVEHENT PLAN
04 48 PH ELECTRIC DEPARTHENT
tS X 1000)
PROJECT BOND CURRENT
NUHBER PROJECT OESCR[PT[ON TOTAL FUND REVENUE CONSTRUCT[ OTHER
F[SCAL YEAR 93
93-EP-01 Construct Ne~ Gas P~pel~ne 1,000 1,000 0 0 0
93-EP-02 Replace No,er #6162 6 0 6 0 0
93-EP-03 N15C. TooTs & EQullamenT 60 0 60 0 0
93-EP-04 #1sc. O~flce Equllxaent 15 0 15 0 0
SUB-TOTAL ELECTRZC PRODUCT[ON 1,081 1,000 81 0 0
93-ESL-01 Street L1g~tln9 - Residential 107 0 42 65 0
93-ESL-02 Street Llg~ttng - Ar~erlal 58 58 0 0 0
93-ESL-03 Street Llg~tlng - Securlty Llg~ 45 0 45 0 0
SUB-TOTAL ELECTR[C STREET L[GHT 210 68 87 65
93-ED-01 O/H Extensions an= Zm~rovem~n~ 478 478 0 0 0
93-ED-02 Power Factor [mprov~nta 110 110 0 0 0
93-ED-03 Unaergrouna Ext. & [m~rovements 924 924 0 0 0
93-ED-04 Transformers & Equtl3¢aent 1,063 863 200 0 0
93-ED-05 #o~or Pool Replacement 88 0 30 0 58
g3-ED-06 N~$celleneous Tool~ & Equll~nen~ 125 0 125 0 0
93-ED-07 Right-of-Way Easements 60 0 60 0 0
93-ED-08 Eoonomlc Feeaer Conauc[or Repl. 210 210 0 0 0
93-ED-09 O/H TO Unaergrouna Conver$10ns 300 0 300 0 0
SUB-TOTAL ELECTRZC DISTRIBUTZON 3,358 2,585 715 0 58
93-EH-01 Haters & A$$0cla%e~ E~u~l~nent 120 85 35 0 0
93-EH-02 Replace Unlt #5310 & #5311 24 0 6 0 18
93-EN-03 Htscellanaous Tools & E~ull3men~ 23 0 23 0 0
93-EN-04 Loaa Nenagement Program 175 175 0 0 0
93-EH-05 Oata Collection System 125 125 0 0 0
SUB-TOTAL ELECTRIC HETERZNG 467 385 64 0 18
Page 16
07-SAD"89 1990 - 1994 CAPITAL [HPROVEHENT PLAN
04 48 PN ELECTRZC DEPARTHENT
($ X 1000)
93-EC-01 #1SC. ToOlS & EQull~nsn% 20 0 20 0 0
93-EC-02 R&QIo C&blc&tor C%rl 40 0 40 0 0
93-EC-03 UbOrsas Sims (R&alO) to Smsr%na 125 125 0 0 0
93-EC-04 Ra}oc Sims (Raalo) %o sys% #gr 90 90 0 0 0
SUB-TOTAL ELECTRIC COI4HUNZCAT[O 275 215 60 0 0
93-ES-01 N15c. Tools & E~ullamsn% 23 0 23 0 0
93-ES-02 H1GKory Sub ACB Re[roll% 188 188 0 0 0
93-ES-03 wa%er/Sewer Ex~. %0 AlrDOr% Sub 20 20 0 0 0
93-ES-04 New Subs%a[lon S1%e/Teasley 70 70 0 0 O
g3-ES-05 Purchase Tr&c[or for Subs. 20 0 20 0 0
SUB-TOTAL ELECTRIC SUBSTATIONS 321 278 43 0 0
93-EH[$-01 #1sc. Off. E~utp/Furnl[ura 85 0 85 0 0
93-EN15-02 Efficiency Incen%lvs Program 0 0 0 0 0
93-EH[S-03 ~ZS Work S[a%lon 50 0 50 0 0
SUB-TOTAL ELECTRIC ADH. HZSC. 135 0 135 0 0
TOTALS FOR YEAR - 1993 CZP 5,847 4,521 1.185 65 76
Page 17
· 07-Sep-89 1990 - 1994 CAPITAL [HPROVEHENT PLAN
04 48 PM ELECTRIC DEPARTMENT
L$ X 1000)
PROJECT BOND CURRENT
NUMBER PROJECT DESCRIPTION TOTAL FUNO REVENUE CONSTRUOT[ OTHER
FISCAL YEAR 94
94-EP-01 Mlac. Tools & Equll~nent 65 0 65 0 0
g4-EP-02 Mt$c. Oftlce Equll~ent 15 0 15 0 0
94-EP-03 Replace Venlcle #5101 13 0 12 0 1
SUB-TOTAL ELECTRIC PRODUCT[ON 93 0 92 0 1
94-ESL-01 Street Ltg~tlns - Residential 113 0 44 89 0
94-ESL-02 Street Lighting - Arterial 29 29 0 0 0
94-ESL-03 Street Llg~tlng - Securlty Llg~ 50 0 50 0 0
SUB-TOTAL ELECTR[C STREET LIGHT 192 29 94 69 0
94-ED-01 O/H Extensions ane Improvement 400 400 0 0 0
94-ED-02 Power Factor Improvements 120 120 0 0 0
94-ED-03 Un~ergroun~ Ext & Improvements 1,020 1,020 0 0 0
94-ED-04 Transformers & E~ull~ent 1,080 1,080 0 0 0
94-ED-05 Motor Po01Replaceraent 69 0 13 0 56
94-ED-06 N1scellaneous Tools & Equipment 130 0 130 0 0
94-ED-07 Right-of-Nay Easements 65 0 65 0 0
94-ED-08 Economic Feeaer Conauctor Repl 215 215 0 0 0
94-ED-09 O/H To Uneergroun~ Conversions 300 300 0 0 0
SUB-TOTAL ELECTR[C DISTRIBUTION 3,399 3,135 208 0 56
g4-EM-01 Meters & Aa$ocla%eU Equll~nent 120 100 20 0 0
94-EM-02 Motor Pool 30 0 16 0 14
94-EM-03 Replace Mtrtst Boar~ 50 50 0 0 0
94-EM-04 Loaa Management Program 185 185 0 0 0
SUB-TOTAL ELECTRIC METERZNG 385 335 36 0 14
Page 18
07-$ap-89 1990 - 1994 CAPITAL IMPROVEMENT PLAN
04 48 PM ELECTRIC DEPARTMENT
($ X 1000)
94-EC-01 R&alo Equip 48.08 MHz 40 0 40 0 0
94-EC-02 Purchase UPS for SCADA 20 0 20 0 0
94-EC-03 Replace Vintage Realo Rel3eaters 60 60 0 0 0
SUB-TOTAL ELECTRIC COHHUNICATIO 120 60 60 0 0
94-ES-01 Nlsco Tools & Equtt~aent 15 0 15 0 0
94-ES-02 Water/Sewer Install. NL SuB 10 10 0 0 0
94-ES-03 Retrofl[ Breakers (Loc. & NL) 280 260 0 0 0
SUB-TOTAL ELECTRIC SUBSTATIONS 285 270 15 0 0
g4-EM[S-01 M15c. Off Equlp/Furnt[ura 90 0 90 0 0
g4-EM[S-02 No~or Pool - 86 For~ PU #5606 15 0 8 0 8
94-ENIS-03 Efficiency [ncan[lve Program 0 0 0 0 0
94-ENIS-04 GIB Ma~ Sya[am 50 0 50 0 0
SUB-TOTAL ELECTRIC ADH. MISC. 156 0 148 0 8
TOTALS FOR YEAR - 1994 CZP 4,630 3,829 653 69 T9
GRAND TOTALS 1990 - 1994 CIP 32,852 26,764 5,126 316 646
Page 19
08-$ep-89 1990 - 1994 CAPITAL [HPROVENENT PLAN - REVISED
10 01 AH WATER DEPARTHENT
[$ x 1000)
PROJECT BOND CURRENT
NUHBER PROJECT DESCRZPT[ON TOTAL FUND REVENUE CONSTR OTHER
FISCAL YEAR 90
gO-WA 0450-01 Personal Coaputar 6 0 6 0 0
REVZSED SUB-TOTAL WATER ADNZNZSTRATZON 6 0 6 0 0
NET [NCREASE/(DECREASE) OVER ORZG[NAL 2 0 2 0 0
8g-wP 0460-01 Ray Roloerta WTP & Raw Water Fac 333 333 0 0 0
8g-wP 0450-03 Booster Station & System Tie-In 1,522 1,522 0 0 0
89-WP 0460-05 Ray Roioerta Hyarocorp PenStock 537 537 0 0 0
90-WP 0460-01 Noblle Equipment 6 0 3 0 3
90-WP 0460-02 1 #G Etevatea Storage 750 750 0 0 0
90-WP 0460-03 P,lggln9 Raw water Lines 110 0 110 0 0
90-WP 0460-04 Rehabilitate wails 400 400 0 0 0
90-WP 0460-05 New combuter & Pagers 9 0 9 0 0
90-WP 0460-06 Safety Cilmblng Devices 5 0 5 0 0
90-WP 0460-07 New Alt Valve · TWU tank 0 0 0 0 0
gO-WP 0460-07 Plant & Wells Xaroacaplng 5 0 6 0 0
go-wP 0450-08 Ottlca Furniture 5 0 5 0 0
gO-WP 0450-09 New pH #eter& Cnlorlne Analyzer
System (purchase) 4 0 4 0 0
REVZSED SUB-TOTAL WATER PRODUCTZON 3,687 3,542 142 0 3
89-WL-1 Laboratory Expansion Casework 13 13 0 0 0
gO-WL 0480-02 F&olilty Cesework
Imbrovements/UpgraOa 1 0 1 0 0
gO-WL 0480-03 DlvlalOq [ntoraatlon
Nanagament System COINS) 3 0 3 0 0
90-WL 0480-04 Laboratory Equipment 4 0 4 0 0
90-WL 0480-05 watars~a~ Monitoring Program 5 0 5 0 0
90-WL 0480-05 XeroecaP~n9 1 0 1 0 0
REV[SED SUB-TOTAL WATER LAB 27 13 14 0 0
gO-WEP 0463-01 G[$ Information System [50~) 10 10 0 0 0
gO-WEP 0463-02 Personal Computer (50~) 4 0 4 0 0
90-WEP 0463-03 Flala Eaulloment 2 0 2 0 0
90-WEP 0463-04 Ottlca Equipment & Furniture 1 0 1 0 0
90-WEP 0463-05 NoDlls Equlpman% 13 0 13 0 0
90-WEP 0463-06 Storage Bulla~ng 0 0 0 0 0
REVZSED SUB-TOTAL WATER ENGR & PLAN 30 10 20 0 0
Page 20
OB-Sap-89 1990 - 1994 CAPITAL IMPROVEMENT PLAN - REVISED
10 01 AM WATER DEPARTMENT
($ x 1000)
PROJECT BONO CURRENT AID-IN
NUMBER PROJECT DESCRIPTION TOTAL FUND REVENUE CONSTR OTHER
FISCAL YEAR 90
89-W-7 Repl. Mlec. Waterlines (c) 529 529 0 0 0
90-W0 0461-01 Overslze Waterlines 150 150 0 0 0
90-WD 0461-02 MoDlie EQuipment 88 0 9 0 79
90-WD 0461-03 water, Taps & Loops 75 0 0 75 0
90-WD 0461-04 Rapt. FIFa Hydrant & Valves 5 0 5 0 0
90-WD 0461-05 Rapl. WL Street Program 175 0 175 0 0
90-WD 0461-06 Repl 2 WL wlth larger slze 10 0 10 0 0
90-WD 0461-07 Repl. fl~ac water Lines (~) 10 0 10 0 0
90-WD 0461-08 Devaiopmen% Plan Water Llnes 250 250 0 0 0
90-WD 0461-09 Mla¢. EQuipment 30 0 30 0 0
90-WD 0451-10 Pars Computer [2 aa. X $$,000) 10 0 10 0 0
REVISED SUB-TOTAL WATER DISTRIBUTION 1,332 929 249 75 79
gO-WM 0462-01 Moblle Equal)men% 16 0 8 0 8
90-WM 0462-02 Water Maters 75 0 75 0 0
90-WM 0462-03 Mlac. E~ull~aten% 4 0 4 0 0
REVISED SUB-TOTAL WATER METERING 95 0 87 0 8
REVISED SUB-TOTAL 1990 WATER CIP 5,177 4,494 518 75 90
C \ETC\CIPgO\W&WW-SUM.WR~
Page 21
08-Sep-S9 1990 - 1994 CAPITAL IMPROVEMENT PLAN - REVISED
10 01 AM WATER DEPARTMENT
($ x 1000)
PROJECT BOND CURRENT AID-IN
NUMBER PROJECT DESCRIPTION TOTAL FUND REVENUE CONSTR OTHER
FISCAL YEAR 91
89-WP 0460-01 R&yRol>erts WTP & RawWater Fecal 1,776 1,776 0 0 0
89-WP 0460-02 Flnlsfl water Transmission Ma~n 681 66 0 0 526
89-WP 0460-03 Seoster Station & System Tie-In 3,235 2,046 O 0 1,189
91-WP 0460-01 Me~lls Equll~nt 15 0 15 0 0
REVISED SUB-TO)AL WATER PRODUCTION 5,607 3,877 15 0 1,715
91-WL 0480-01 Facility Casework Improvements 3 0 3 0 0
91-WL 0480-02 Dlvlslon Information
Management System (DINS) 1 0 I 0 0
91-WL 0480-03 La~oratory Equll~nent [AAS) 22 22 0 0 0
91-WL 0480-04 Flela Monitoring E~ull~nent 1 0 I 0 0
REVISED SUB-TOTAL WATER LAB 27 22 5 0 0
91-WEP 0463-01 SiS Infonlatlon System [50%) 10 10 0 0 0
91-WEP 0463-02 Engineering Software [50%) 2 0 2 0 0
91-WEP 0463-03 Ftel~ Equll~nt 1 0 1 0 0
91-WEP 0463-04 Office Equll~nt & Furniture 1 0 1 0 0
REVISED SUB-TOTAL 1990 WATER EN~R&PLAN 14 10 4 0 0
90-WD 0461-07 Repl. Misc. water L~nes [c) 300 300 0 0 0
91-WD 0461-01 Overslzs Water L~ne$ (c) 160 150 0 0 0
91-WD 04~1-02 MOllie E~utl~ent 139 0 24 0 115
91-WD 0461-03 water~ Taps~ Loo~s 180 0 0 180 0
gl-WD 0461-04 Re~l. Firs Hyarant & valve 66 0 66 0 0
91-WD 0461-05 Rep1. WL Street Program 160 0 160 0 0
91-WD 0461-06 Rapl. 2 WL wlt~ larger size 329 0 329 0 0
91-WD 0461-07 Rapl M~sc, Water Lines [~) 42 42 0 0 0
91-WD 0461-08 Develol~nent Plan Water Llnes 250 250 0 0 0
91-WD 0461-09 Mlsc. EqUll~nent 15 0 16 0 0
REVISED SUB-TOTAL 1990 WATER DISTRXB 1,621 742 584 180 115
91-WM 0462-02 Water Meters 114 0 114 0 0
91-WM 0462-03 MlSC. Equll~ment 3 0 3 0 0
REVISED SUB-TOTAL 1990 WATER METERING 117 0 117 0 0
REVISED SUB-TOTAL 1990 WATER ClP 7,386 4,651 ?25 180 1,830
Page 22
08-Sap-89 1990 - 1994 CAPITAL IMPROVEMENT PLAN - REV1SED
10 01 AM WATER DEPARTMENT
($ x 1000)
PROJECT BONO CURRENT AID-IN
NUHBER PROJECT DESCRIPTION TOTAL FUND REVENUE CONSTR OTHER
FISCAL YEAR 92
8g-WP 0460-01 R&yRoberts WTP & Ra~atar Facll 5,774 8,774 0 0 0
89-WP 0460-02 FlnlshaU Water Transmission Main 2,092 1,569 0 0 623
92-WP 0460-01 MObile Equtp~nt 14 0 3 0 11
REVISED SUB-TOTAL 1990 WATER PRODUCTION 7,880 7,343 3 0 534
g2-WL 0480-01 F&clllty Casework Improvements ? 0 ? 0 0
92-WL 0480-02 Dlvlslon [nformatton
Management System LOINS) 3 0 3 0 0
92-WL 0480-03 L&Ooretory Equlloeant ~GC/MS) 22 22 0 0 O
92-WL 0480-04 Reservoir Monitoring Program 14 0 14 0 0
REVISED SUB-TOTAL 1990 WATER LAB 46 22 24 0 0
92-WEP 0463-01 GIS [ntoreatlon System C50%) 10 10 0 0 0
92-WEP 0463-02 FlelU Equipment 1 0 1 0 0
92-WEP 0463-03 Office Equll~ent & Furniture 1 0 1 0 0
REVISED SUB-TOTAL 1990 WATER ENGR&PLAN 12 10 2 0 0
91-WD 0461-07 Repl. Mlsc Water Lines kc) 238 238 0 0 0
92-WD 0461-01 Oversize Waterlines 200 200 0 0 0
92-WD 0461-02 Mobile Equll~ent 120 0 30 0 90
92-WD 0461-03 Water, TaDs, Loops 188 0 0 188 0
92-WP 0461-04 Repl. Flre Hyorant& Valve 70 0 70 0 0
g2-WD 0461-06 Re~i. WL Street Program 160 0 150 0 0
92-wO 0461-06 Rept 2' WL wltn larger size 340 0 340 0 0
92-WD 0461-07 Repl. Mlsc. Water Lines [U) 42 42 0 0 0
92-WD 0461-08 Oevelo~eent Plan Water Lines 250 280 0 0 0
92-WP 0461-09 Mqa¢. Equll~en% 15 0 15 0 0
92-WP 0461-10 E. MoK~nney WL L288 to M&y~lil 120 120 0 0 0
REVISED SUB-TOTAL 1990 WATER DISTRIBUTZON 1,733 850 605 188 90
92-WM 0462-01 Mob~le Equipment 15 0 4 0 11
92-WM 0462-02 Water Meters 120 0 120 0 0
92-WM 0462-03 flls¢ Equipment 3 0 3 0 0
REVISED SUB-TOTAL 1990 WATER METERING 138 0 127 0 ll
REVISED SUB-TOTAL 1990 WATER CIP TOTAL 9,809 8,225 761 188 635
Page 23
08-Sep-89 1990 - 1994 CAPITAL IMPROVEMENT PLAN - REV[BED
10 01 AN WATER DEPARTMENT
($ x 1000)
PROJECT BOND CURRENT AID-IN
NUMBER PROJECT DESCRIPTION TOTAL FUND REVENUE CONSTR OTHER
FISCAL YEAR 93
89-WP 0460-01 R&yRoDerts HTP & RawWater F&cll 3,220 444 0 0 2,776
89-WP 0460-02 Flnlahe~ Water Transmission Ma~n 3,136 2,354 0 0 785
93-WP 0460-01 Mo~lle Equipment 35 0 4 0 31
93-WP 0460-02 Booster PumDa-Neu Pressure Plane 600 500 0 0 0
REVISED SUB-TOTAL 1990 WATER C[P TOTAL 6,893 3,298 4 0 3,592
93-WL 0480-01 F&clitty Improvements 3 0 3 0 0
93-WL 0480-02 L&l~oretory Equipment 20 19 1 0 0
93-WL 0480-03 Dlvlalon [nfo~ma%lon
M&n&ge~en% System 1 0 1 0 0
93-WL 0480-04 waterenea Monitoring Program 12 0 12 0 0
REVZSED SUB-TOTAL 1990 WATER CZP TOTAL 36 19 17 0 0
93-WEP 0463-01 GZS [nformatlon System (50~) 10 10 0 0 0
93-WEP 0463-02 FlelO E~ull3ment 1 0 1 0 0
93-WEP 0463-03 Offlce E~ulpment & Furniture 1 0 1 0 0
REVZSED SUB-TOTAL 1990 WATER CZP TOTAL 12 10 2 0 0
92-WD 0461-07 Rep1 N~sc. waterlines ~c) 303 128 175 0 0
93-WD 0461-01 Over$1ze waterlines 200 200 0 0 0
93-WD 0461-02 MoOlle Equipment 58 0 68 0 0
93-WD 0461-03 Wa~er, Tapa~ Loops 192 0 0 192 0
93-W0 0461-04 Repl. Fire HyOran% & Valve 74 0 74 0 0
93-WD 0461-05 Rep1. WL Street Program 150 0 150 0 0
93-WD 0461-06 Repl. 2 WL wlt~ larger size 160 0 160 0 0
93-W0 0461-07 Repl. M~sc. Water L~nes (0) 66 66 0 0 0
93-WD 0461-08 Development Plan Water Llnes 250 250 0 0 0
93-WD 0461-09 M~sc. Equipment 15 0 15 0 0
REV[SED SUB-TOTAL 1990 WATER C[P TOTAL 1,458 634 632 192 0
93-WM 0462-01 Moblle E~ulpment 16 0 16 0 0
93-WM 0462-02 Water Meters 126 0 126 0 0
93-WN 0462-03 NlSC. Equipment 3 0 3 0 0
REVISED SUB-TOTAL 1990 WATER C[P TOTAL 145 0 145 0 0
REV[SED SUB-TOTAL 1990 WATER CIP TOTAL 8,544 3,961 800 192 3,592
Page 24
08-Sep-89 1990 - 1994 CAPZTAL [NPROVENENT PLAN - REVISED
10 01 AN WATER DEPARTNENT
($ x 1000)
PROJECT BOND CURRENT AID-IN
NUNSER PROJECT DESCR[PT[ON TOTAL FUND REVENUE CONSTR OTHER
FISCAL YEAR 94
94-WP 0460-01 No,lie E=ulpment 16 0 3 0 13
94-WP 0450-02 lNG Eleva~e~ $%or&ga-Ne~ Plane 750 750 0 0 0
SUB-TOTAL 1990 WATER PRODUCT[ON 766 750 3 0 13
94-WL 0480-01 Facl~[y Improvements 22 19 3 0 0
94-WL 0480-02 L&Dora%ory Equipment 3 0 3 0 0
94-WL 0480-03 O~vlalon [nforma[lon
Management System 1 0 1 0 0
94-WL 0480-04 Wa[er$~e~ ~Onltorln9 Program 12 0 12 0 0
SUB-TOTAL 1990 WATER LAB 38 19 19 0 0
94-WEP 0463-01 Flel~ Equll~nen[ 1 0 1 0 0
94-WEP 0463-02 Office Equipment & Furniture 1 0 1 0 0
94-WEP 0463-03 NoDlle Equipment (50~) 9 0 4 0 5
SUB-TOTAL 1990 WATER ENGR&PLAN 11 0 6 0 5
93-WD 0461-07 Repl. Mls¢. Waterlines Lc) 409 204 205 0 0
94-WD 0461-01 Ovarstze Waterlines 200 200 0 0 O
94-WD 0461-02 MoDule Equll3ment 60 0 60 0 0
94-WD 0461-03 wa:ar, Taps, Loops 200 0 0 200 0
94-WD 0461-04 Rapi. F~ra Hy~ran% & Valve 76 0 76 0 0
94-W0 0461-05 Repl. WL Street Program 160 0 160 0 0
94-WD 0461-06 Rani. 2 WL wlt~ larger slze 150 0 150 0 0
94-WD 0461-07 Repl. N~ac Water Lines [~) 49 49 0 0 0
g4-WD 0461-08 Davalolmment Plan Water Llnas 250 250 0 0 0
94-WD 0461-09 N~sc. E~ull3~n[ 15 0 15 0 0
SUB-TOTAL 1990 WATER DISTRIBUTION 1,559 ?03 666 200 0
94-WN 0462-01 ~oDlle E~ull3men[ 16 0 16 0 0
94-WN 0462-02 Water Ne,ers 133 0 133 0 0
94-WM 0462-03 Nlsc. Equipment 16 0 16 0 0
SUB-TOTAL 1990 WATER METERING 164 0 164 0 0
TOTAL 1994 CIP 2,638 1,472 848 200 18
GRAND TOTAL 1990 - 1994 CIP 33,454 22,803 3,662 836 6,164
Page 25
~ASTI~ATER DEPA~qTHEHT
($ x 1000)
Page 26
OT-~D.ll~l I~RO - 1R94 CAPTTAI. XI4PROVEHENT Pr. AN - RllVZSIED
10 20 PH WMITE#ATllR DllPARTNllHT
(il x IOOO)
PROJECT BOND GURREH'r AZD-ZH
NIJ4BER pROJII~T OE~RZPTZON TOTAl. FUND RllVllNUE ~(X40TR OTHllR
FZ$¢A~. YllAR
8g-S-7 Re~l #1K Sever Ltne (c) $?? S?? 0 0 0
B0-~C 0471-02 ~le l~ 183 0
BG-K 0471-03 ~r Y~ (S0} 10 0 0 10 0
S0-K 0471-04 ~1 B~ 8~t P~rM 1~ 1~ 0 0 0
Page 27
WASTEWA?E# DIEPAItTI4EHT
($ x 1000)
H4u~igelent 8yltell (0%148) ~ 0 Z 0 0
gl-IMEP 0472-01 QZ8 Znforll~t~o~ Oyltil (SO11) 10 10 0 0 0
B1-WEP 0472-02 Pteld Equtl~ent 3 0 3 0 0
Page 2 8
18B0 - 1~e4 CAPZTAL ZW)ROVE#ENT Pi. AN
VA~TE~ATIR DEPART#ENT
($ x 1000)
Page 29
($ x 1000)
gl-IMP 0470-01 IMT Pll~ IxlNuleton (o~iten) 52 ~2 0 0 0
82-~ 0470-01 ~ Pl~t Ex~t~ (~ltr~t~) z,500 2,~ 0 0 0
83-~ 0470-01 ~tle I~tW~ 47 0 22 0 ZS
~3-~ 04?0-02 A~t~4~1 Pe~wl ~r 10 0 10 0 0
~-~ 0470-0~ Extet~ ~ 8~t~ Witt~ (2 4e 48 0 0 0
93-WP 0470-0~ Ltft 8~t~ ~A (4 N ) 8 0 8 0 0
CUB-TOTAL N~T~ATER P~TX~ 2,844 2,779 40 0 ZS
gS-IMEP 047~-01 GX$ X~forl~ttM~ 8yi~MI (S011) 10 10 0 0 0
~3-~MEP 0472-0~ F~eld E~utMent I 0 1 0 0
~2-WC 0471-05 Re~l #t~ ~e~er Ltne (o) ~R8 253 145 0 0
PaQe 30
(8 x 1000)
82-IMP 0470-01 MiT PlIJ~ 8xpanl~cm (GanltruGttan) 2,000 2,000 0 0 0
82-M~P 0470-02 ~ Pl~t Ex~ (Zn~) ISa 188 0 0 0
~4-~ 0470-01 ~18 E~ SO 0 18 0 ~S
04-~ 0470-0~ Extltt~ Ltft 8~t4~ ~ltt~ (2 49 49 0 0 0
94-~ 0470-04 Z~ittve & Al~ttve T~I~y ~0 ~0 0 0 0
~4-~ 0470-08 Ltft 8~tt~ ~-~tvatt~ (~) ZZO 2~0 0 0 0
84-IML 0481-01 Flctltty Zlprovlimflt 85 $7 8 0 0
84-WL 0481-02 I.ibor&tory 8q~Ipeeflt 8 0 8 0 0
~ 8ye~ (DX~) ~ 0 a o o
TOTAL li84 OZP 4,482 8,880 488 88 ?0
' ' I
2454L
RESOLUTION NO.~
A RESOLUTION APPOINTING AN OFFICIAL VOTING REPRESENTATIVE TO
THE REGIONAL TRANSPORTATION COUNCIL OF THE NORTH CENTRAL TEXAS
COUNCIL OF GOVERNMENTS, AND PROVIDING FOR AN EFFECTIVE DATE.
SECTION I. That Jim Alexander is hereby appointed as the
official voting representative of the City of Denton to the
Regional Transportation Council of the North Central Texas
Council of Governments.
SECTION II. That this resolution shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the~J~'day of ~,
1989.
RAY STeePENS, ~AYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
~ROV~D~AS TO LEGAL FORM'
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
2785L
RESOLUTION NO.--~~
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CERTAIN
AIRPORT LEASES FOR PAD SITES FOR T-HANGARS AT THE DENTON MUNICIPAL
AIRPORT UNDER CERTAIN CIRCUMSTANCES, REPEALING RESOLUTION 89-069,
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Airport Manager has received several requests
from individuals desirous of leasing pad sites at the southeast
corner of the Denton Municipal Airport for erection and mainte-
nance of T-hangars, and
WHEREAS, the City Manager and Airport Advisory Board recom-
mend that the lease form attached hereto as Exhibit "A", and
incorporated by reference herein be used as the standard lease
form for such pad site lease agreements, and
WHEREAS, the Airport Advisory Board and the City Manager
recommend that the pad sites as reflected on the attached Exhibit
"B" be leased at twelve cents per square foot, the rental rate as
specified in the Airport Master Plan, and
WHEREAS, the City Council having received the recommendations
of the Airport Advisory Board and City Manager and having found
that it is in the best interest of the Czty to authorize the city
Manager to execute said leases in the form and under the
conditions as contained in the attachments, and
WHEREAS, the programming branch of the Federal Aviation
Administration having reviewed said lease form and recommended
several changes thereto, which changes are acceptable to the City
Manager and the City Attorney, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES
SECTION I. That the City Manager is hereby authorized to
execute'lease agreements, in the form as set forth in Exhibit "A",
for the rental of the real property located and highlighted on
Exhibit "B" and at the rate of twelve cents per square foot.
SECTION II. That Resolution 89-069, adopted by the City
Council on the 3rd day of October, 1989, is hereby repealed and
the City Secretary shall inscribe on said Resolution 89-069 a
statement that this subsequent Resolution shall be controlling.
SECTION III. That this Resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the~j~ day of ~~_~ ,
1989.
A~T' ·
J~IFER-~ALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM.
DEBRA ~AMI DRAYOV~TCH, CITY ATTORNEY
PAGE 2
EXHIBIT "A"
THE STATE OF TEXAS § PAD SITE AIRPORT LEASE BETWEEN THE
COUNTY OF DENTON § CITY OF DENTON AND
This agreement, hereinafter referred to as "Lease" is made and
executed this day of , 19__, at Denton, Texas,
by and between the CITY OF DENTON, a municipal corporation of the
State of Texas, hereinafter referred to as "Lessor", and
hereinafter referred to as "Lessee"
I. CONDITIONS OF LEASE
A. Non-Discrimination. The Lessee, for himself, his personal
representatives, successors in interest, and assigns, as a part of
the consideration hereof, does hereby covenant and agree as a
covenant running with the land that
(1) No person on the grounds of race, color, or national
origin shall be excluded from participation in, denied
the benefits of, or otherwise be sub3ected 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 requirements imposed by or pursuant to Title 49,
Code of Federal Regulations, Department of Transpor-
tation, Subtltle A, Office of the Secretary, Part 21,
Non-discrimination in Federally Assisted Programs of
the Department of Transportation, and as said
Regulations may be amended.
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 facilities thereon, and
hold the same as if said Lease had never been made or Issued.
B. Public Areas.
(1) Lessor reserves unto itself, its successors and
asslgns, for the use and benefit of the flying public,
a right of flight for the passage of aircraft above the
surface of the Premises described herein, together with
the right to cause in said airspace such noise as may
be inherent in the operation of aircraft now known or
hereafter used, for navigation of or flight in the said
airspace, and for use of said airspace for landing on,
taking off from, or operating on the Airport.
(2) 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 provisions of the lease to the
Government, shall be suspended.
(3) 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
ad]acent 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 navigation.
(4) 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 in consideration of the covenants and
agreements herein contained to be kept by Lessee, does lease to
Lessee, and Lessee does hereby lease from Lessor the tract of land
as shown in Attachment "A", attached hereto and incorporated herein
by reference, described as follows:
For the purposes of this Lease, the term "Premises" shall mean
the property located within the land described above.
III. TERM
The term of this Lease shall be for a period of fifteen (15)
years, co~enclng on the day of , 1989, and
continuing through the __ day of , , unless
earlier terminated under the provisions of the Lease.
IV. RENTALS AND PAYMENTS
Lessee covenants and agrees to pay to Lessor, as consideration
for this Lease, payments and rentals and fees as follows:
Page 2
A. F t r e . Lessee shall pay to the Lessor rent for
the use and occupancy of the Premises for the first year of this
Lease the sum of per square foot per year, for a
total of
, to be paid in two (2) equal installments in
the sum of
each six (6) months, with the first payment to be made upon
execution of this Lease and the second payment due on or before
1. 19 . Thereafter, payments shall be due on 1
and i of each year of the Lease.
B. Annual Adiustments to Rent. For subsequent years, as
promptly as practicable after the end of each lease year, Lessor
shall compute the percentage of increase, if any, in the cost of
living during the period between the beginning date and the date
of each anniversary thereof during the term of this Lease,
based upon the changes in the Consumer Price Index for Urban Wage
Earners and Clerical Workers U. S. Average (1967=100) (herein
called "Consumer Price Index"), as determined by the United States
Department of Labor, Bureau of Labor Statistics for "Ail Items".
It is agreed that the Consumer Price Index Number at the
commencement date of this Lease is ( , 19 )
(herein called "Base Index Number"). If the Consumer Price Index
Number for the month in which any such annual anniversary of the
beginning date shall occur (each such number being herein called
an "Anniversary Index Number") is higher than the Base Index
Number, then such Anniversary Index Number shall be d~vided by the
Base Index Number and from the quotient thereof shall be subtracted
the integer one (1). The resulting number, multiplied by one
hundred, shall be deemed to be the percentage of increase ~n the
cost of living. Such percentage of change shall be multiplied by
the Basic Rental and the product thereof shall be added to the
Basic Rental to determine the annual rental payable for the next
one year period commencing on the Immediately preceding anniversary
of the beginning date (such amount being herein sometimes called
"Adjusted Basic Rental").
Such Adjusted Basic Rental shall be calculated in the above manner
during each subsequent year of the Lease Term Lessor shall,
wlth~n a reasonable time after obtaining the appropriate data
necessary for computing any change in the annual rent, give Lessee
notice of any change so determined. Lessee shall notify Lessor of
any claimed error therein within thirty (30) days after receipt of
such notice. If publication of the Consumer Price Index shall be
discontinued, the parties hereto shall thereafter accept the
comparable statistics on the cost of living for the City of Dallas,
Texas, as they shall be computed and published by an agency of the
Un~ted States or by a responsible financial periodical of
recognized authority, then to be selected by the parties hereto.
As an example, only, of the foregoing adjustment
a. Assume Basic Rental is per acre $100.00 per year,
b. Assume Basic Index Number is 200,
Page 3
c. Assume Anniversary Index Number on the anniversary date of
the commencement date is 300,
then,based upon the foregoing, the Annual Basic Rental shall
be:
Anniversary Index Number 300 Divided by Base Index Number 200=
1.5 - 1 = .5 x 100 = 50 = 50%
50% x 100 = 50.00
50.00 + 100.00 = 150.00 Adjusted Basic Rental.
If there is no increase in the Consumer Price Index, the rental
shall remain at the rate of the previous year.
C. Payment and Penalty. Ail payments made hereunder by Lessee
shall be made to Lessor at the offices of the Finance Department
of the Lessor of Denton, Accounts Receivable, 215 E. McKinney,
Denton, Texas 76201, unless Lessee is notified to the contrary in
writing by Lessor. All semi-annual rental payments, other than the
first rental, shall be due and payable as set forth in Section A
hereof and shall be paid by Lessee without demand or notice from
Lessor.
V. RIGHTS AND OBLIGATIONS OF LESSEE
A. ~. Lessee is granted the right to use the
Premises for the storage of aircraft owned or leased and operated
by the Lessee. Lessee may not use any portion of the Premises for
any other use.
B. General Access to Premises. Subject to the reasonable
rules, regulations, or directives of Lessor, Lessee shall, in
common with others so authorized, have the nonexcluslve right and
privilege over and through the Airport property and the right of
ingress to and egress from the Premises for its employees, agents,
guests, and invltees, suppliers of materials and furnlshers of
services ·
C. Standards. During the Lease term, Lessee shall comply with
the following requirements and standards:
(1) Address. Lessee shall file with the Airport Manager
and keep current its mailing address, telephone
number(s) and contacts where Its authorized official
can be reached in an emergency.
(2) Utilities. Taxes And Fees. Lessee shall meet all
expenses and payments in connection with the use and
occupancy of the Premises and the rights and privileges
herein qranted, including the tamely payments of
utilities, taxes, permit fees, license fees and
assessments lawfully levied or assessed. Lessee herein
agrees to timely pay to all lawful taxing authorities
an ad valorem property tax on all improvements
constructed by the Lessee on the Premises, and to
Page 4
comply with all tax laws pertaining to the Premises,
including those promulgated in the future
(3) Rules. Reaulations and Restrictions. Lessee shall
comply with all laws, codes, ordinances, rules, and
regulations, either existing or those promulgated in
the future, by the Lessor, the County of Denton, the
State of Texas, the United States of America, and the
Federal Aviation Administration, or their successors
applicable to the Premises or use thereof Lessee's
use of the Premises shall at all times be in compliance
with and subject to any covenants, restrictions, and
conditions of record pertaining to the use and
occupancy of the Premises.
Lessee shall not operate or permit the operation of any
transmitter devices, electrical signal producers, or
machinery on the Premises which could interfere with
the electronic aircraft navigation aids or devices
located on or off Airport property. Lessee shall not
be permitted to engage in any business or operation on
the Premises which would produce obstructions to
visibility or violate height restrictions as set forth
by the Federal Aviation Administration or the Lessor.
(4) Heiaht Restriction And Airspace Protection. The Lessee
agrees for itself, its successors, and assigns to
restrict the height of structures, objects of natural
growth and other obstructions on the Premises to a
height as established in city of Denton Ordinance 81-1,
as the same may be amended from time-to-time. The
Lessee also agrees for itself, its successors, and
assigns to prevent any use of the Premises which would
interfere with landing or taking off of aircraft at the
Airport, or otherwise constitute an airport hazard
Lessee hereby forfeits all claims to aviation rights
over the Premises.
(5) ~. Lessee shall be responsible for all
maintenance and repair of the Premises, including
buildings, structures, grounds, pavements, and
utilities. Lessee shall be responsible for grass
cutting, collection and removal of trash and for such
other maintenance requirements as may arise. Lessee
agrees to keep the Premises, together with all
improvements, in a safe, clean and attractive condition
at all times. Lessee shall not change the original
color or texture of the exterior walls of any
structures or improvements without the written consent
of Lessor.
(a) p~intin~ of Buildinas. During the term of this
Lease, Lessor shall have the right to require, not
more than once every five years, that the exterior
of each hangar or building located on the Premises
Page 5
be reviewed by the Airport Board for the purpose
of determining whether painting of the exteriors
of such buildings or hangars is necessary. If the
Airport Board determines painting is necessary, it
shall furnish a recommendation to this effect to
the City Council. The Council, may, upon the
Board's recommendation, require Lessee to repaint
said exteriors according to Lessor's specifications
(to specify color of paint, quality of paint,
number of applications, quality of workmanship and
the year and month in which each hangar or building
is to be painted, if needed). Lessee shall
complete the painting in accordance with such
specifications within slx (6) months of receipt of
notice from Lessor. Lessee agrees to pay all costs
of the required painting. Failure of Lessee to
complete the painting required by Lessor's City
Council within the six (6) month period shall
constitute Lessee's default under this Lease.
(b) Storaae. Lessee shall not utilize or permit others
to utilize the Premises for the storage of wrecked
or permanently disabled aircraft, aircraft parts,
automobiles, vehicles of any type, or any other
equipment or items which would distract from the
appearance of the Premises.
(6) ~. Lessee shall quit possession of the
Premises at the end of this Lease, and deliver up the
Premises to Lessor in as good condition as existed when
possession was taken by Lessee, reasonable wear and
tear excepted.
(7) Chemicals. Lessee shall properly store, collect and
dispose of all chemicals and chemical residues;
properly store, confine, collect and dispose of all
paint, including paint spray in the atmosphere, and
paint products; and comply with all local, state and
federal laws and regulations governing the storage,
handling or disposal of chemicals and paints. Lessee
shall not utilize, store, dispose, or transport any
material, fluids, solids or gaseous substances on the
Premises which are considered by the Environmental
Protection Agency to be a hazard to the health of the
general public and undertake any activity on the
Premises that would produce noxious odors.
(8) Sians. Lessee shall not place any signs on the
premises identifying Lessee.
(9) Us~ of Runways and Taxlwavs. That because of the
present fifteen thousand (15,000) pound continuous use
weight bearing capacity of the taxiways of the Airport,
Lessee shall limit all aeronautical activity including
landing, take-off and taxiing, to aircraft having an
Page 6
actual weight, including the weight of its fuel, of
fifteen thousand (15,000) pounds or less, until such
time that the designated taxiways on the Airport have
been improved to handle aircraft of a greater weight.
Should Lessee disregard the provisions of this section,
Lessor may immediately terminate this Lease. Lessee
agrees to pay to Lessor upon demand for any damage, as
determined by Lessor, to Airport property that results
from a violation of this section.
(10) Parklna. The parking of motor vehicles on Airport
property by Lessee, Lessee's guests or invitees, shall
be subject to any regulations, restrictions or
directions imposed by Lessor.
C. Connection to Utilities. Lessee may connect to any exist-
lng water mains serving the Premises, in accordance with and upon
payment of any tap or connection fees, as specified by Lessor's
ordinances applicable to utility customers, provided, however,
Lessee shall not be liable to Lessor for any water or sewer pro
rata payments as a result of the connections made.
VI. RIGHTS AND OBLIGATIONS OF LESSOR
A. Peaceful En3ovment. 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 Premises and all rights and privileges herein granted.
B. ~ Lessor shall have the right to establish
easements, at no cost to Lessee, upon the Premises for the purpose
of providing utility services to, from, or across the Airport
property or for the construction of public facll~tles on the
Airport. However, any such easements shall not interfere with
Lesseels use of the 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 at the conclusion
of such construction. Lessee shall not have the right to levy
fees, charges, or receive any compensation for any exercised right
of easement by Lessor or Lessor's authorized agent.
VII. LEASEHOLD AND TAXIWAY IMPROVEMENTS
A. Improvements bv Lessee. Lessee shall construct upon the
PremIses, at his own cost and expense, an aircraft storage hanger
and connecting taxlway which shall meet a f~fteen thousand (15,000)
pound continuous use weight bearing capacity.
B, Required Buildina Plans. Lessee shall, prior to
constructing any improvements on the Premises, submit to the Lessor
for its approval, detailed construction and building plans and
specifications for the proposed improvements. The required plat
and plans shall be submitted in the form and manner specified by
Lessorts ordinances and Lessee shall, at the time of submission,
pay all processing, permit, and approval fees applicable thereto,
Page 7
as specified by Lessor's ordinances. Any building, hanger, or
other improvement plans and specifications submitted for initial
construction, or any additional improvements to be made thereafter,
shall conform to the following requirements:
(1) Buildings, hangers, or structures shall conform with
and be compatible with the overall size, shape, color,
quality, design, appearance, and general plan of the
program established by the Lessor's Master Plan for the
Airport, as approved by the city Council, copies which
are on file at the office of the Airport Manager and
the City Secretary.
(2) The regulations and requirements of the Lessor's
Building, Fire, Electrical, Plumbing, and other
applicable Codes and ordinances of Lessor applicable
to the improvements to be made.
(3) All buildings, including hangers, shall be designed and
constructed so as to have an anticipated life of at
least fifteen (15) years.
(4) Any rules or regulations of any Federal or State agency
having jurisdiction thereof.
(5) Contain the estimated cost of the construction of the
improvements to be made.
(6) Ail hangars shall be constructed on a concrete slab.
C. Approval of Plans. Within sixty (60) days of proper
submission of the plans, and payment of the applicable fees, Lessor
shall approve or disapprove the plans. Should Lessor fall to
approve or disapprove of the required plans within the sixty (60)
days, the plans shall be deemed approved. Should the Lessor tlmely
disapprove the plans, it shall give notice to the Lessee of the
reason for the disapproval. No construction of any improvements
shall begin until and unless the plans and speclflcat~ons are
approved by Lessor.
D. Airplane Taxiwav Access. Lessee shall be responsible for
the maintenance of the taxiway access provided, and shall keep the
taxlway in good condition, free of obstructions and defects. The
use of the improved taxiway access shall be subject to the
reasonable rules, regulations, or directives of Lessor.
E. Riaht of Lessor to Purchase Hanaar or Building. In the
event that Lessee should elect to sell his hangar s~tuated upon the
Premises at the time Lessee has the authority to do so, Lessor
shall first be offered the right to purchase the improvements at
a value determined by having such improvements appraised by three
appraisers, one appointed by Lessor, one appointed by Lessee, and
one appointed by the two appraisers. The costs of the appraisal
shall be paid by Lessor. Within sixty (60) days of the delivery
of a written appraisal report by the appraisers to Lessor, shall
Page 8
notify Lessee in writing of its decision to purchase all or part
of the hangers or buildings to be sold. If Lessor exercises its
right to purchase, it shall make payment to Lessee of the appraised
value of the buildings or hangers to be purchased within thirty
(30) days of the written notice.
F. ~moval of Hangars. In the event that Lessee should remove
the hangar from the Premises, where such removal is authorized by
this Lease, Lessee herein agrees to comply with the following
terms:
(1) Prior to commencing the hangar removal process, the
Lessee and Lessor shall agree on the best method to
remove the building, Including where to cut water
lines, electrical wire, plumbing and other fixtures or
utilities, so as to cut said fixtures to allow the
future use of these fixtures.
(2) The hangar shall be removed completely from the surface
of the concrete slab and up, with the exception of cut
utility lines. Ail interior fixtures shall be removed
including sinks, commodes, dividing walls and all other
items or fixtures that would prevent the concrete slab
from being as free as possible from all obstructions.
(3) Removal of hangars shall beg~n and be completed prior
to Lessee's designated termination date.
(4) The hangar slab, the aircraft parking apron, the
taxiway, and all other improvements on the Premises
shall remain on the Premises and shall become the
property of the Lessor without cost to Lessor.
(5) Lessee shall be responsible for the removal of all
refuse and debris from the Premises prior to vacating
the Premises.
(6) Lessee shall be responsible for all costs involved in
the removal of the hangar, including costs of permits
or fees.
(7) Lessee shall be responsible for any damage caused to
any improvements on the Premises during the removal
process, and Lessee herein agrees to repair or replace,
at Lessee's expense, any improvements damaged by Lessee
during the removal of said structures.
VIII. SUBROGATION OF MORTGAGEE
Lessee shall have the right to place a first mortgage lien
upon 1ts leasehold in an amount not to exceed e~ghty percent (80%)
of the cost of the capital improvements. The terms and conditions
of such mortgage loan shall be subject to the approval of Lessor
and Lessee shall submit copies of the loan documents, including the
Page 9
loan application, to Lessor. If Lessor approves the loan, Lender's
duties and rights are as follows:
(1) The Lender shall have the right, in case of default, to
assume the rights and obligations of Lessee herein and
become a substituted Lessee, with the further right to
assign the Lessee~s interest to a third party, subject to
approval ofLessor. Lender's obligations under this Lease
as substituted Lessee shall cease upon assignment to a
third party as approved by Lessor.
(2) As a condition precedent to the exercise of the right
granted to Lender by this paragraph, Lender shall notify
Lessor of all action taken by it in the event payments on
such loans shall become delinquent. Lender shall also
notify Lessor, in writing, on any change in the identity
or address of the Lender.
(3) Ail notices required by Article XI herein (Cancellation
by Lessor) to be given by Lessor to Lessee shall also be
given by Lessor to Lender at the same time and in the same
manner provided Lessor has been furnished with written
notice of Lender's interest and its address. Such notice
shall be given to the city Secretary and the Airport
Manager. Upon receipt of such notice, Lender shall have
the same rights as Lessee to correct any default
IX. INSURANCE
A. Lessee shall maintain continuously in effect at all times
during the term of this Lease or any extension thereof, at Lessee's
expense, the following insurance coverage:
(1) Comprehensive General Liability Insurance covering the
Premises, the Lessee, its personnel and Its operations
on the Airport, for bodily injury and property damage
in the minimum amount of $250,000, combined single
limits on a per occurrence basis.
(2) Fire and extended coverage for replacement value for
all facilities used by the Lessee either as a part of
this Lease or erected by the Lessee subsequent to the
execution of this Lease.
B. Ail policies shall be issued by a company authorized to do
business in the State of Texas, be approved by the Lessor, copies
of which shall be provided to Lessor. The policies shall name the
Lessor as an additional named insured and shall provide for a
minimum of thirty (30) days written notice to the Lessor prior to
the effective date of any cancellation or lapse of such policies.
C. During the term of this Lease, and not more often than once
every five (5) years, Lessor herein reserves the right to ad]ust
or increase the liability insurance amounts required of the Lessee,
and to require any additional rider, provisions, or certificates
Page 10
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 Airport
in s~ze and in scope of aviation activities, located in the
southwestern region of the United States. For the purpose of this
Lease, the Southwestern region of the United States shall be the
states classified as the Southwestern region by the Federal
Aviation Administration.
D. Lessee herein agrees to comply with all increased 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 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 types of insurance and amounts of
insurance which exceed Lessor's minimum ~nsurance requirements.
X. INDEMNITY
A. Lessee agrees to indemnify and hold harmless Lessor and ~ts
agents, employees, and representatives from and against all lia-
bility for any and all claims, suits, demands, or actions arising
from or based upon intentional or negligent acts or omissions on
the part of Lessee, its agents, representatives, employees, mem-
bers, patrons, visitors, contractors and subcontractors, or
sublessees, if any, which may arise out of or result from Lessee's
occupancy or use of the Premises or activities conducted in
connection with or incidental to this Lease.
B. This Indemnity Provision also extends to any claim or
liability for harm, injury, or any damaging events which are
directly or indirectly attributable to premise defects or
conditions which may now exist or which may hereafter arise upon
the Premises, any and all such defects being expressly waived by
Lessee. Lessee understands and agrees that this Indemnity
Provision shall apply to any and all claims, suits, demands, or
actions based upon or arising from any such claim asserted by or
on behalf of Lessee or any of its members, patrons, visitors,
agents, employees, contractors and subcontractors, or sublessees,
If any.
C. Lessee agrees to glve the Lessor prompt and timely notice
of any such claim made or suit instituted which in any way,
directly or indirectly, contingently or otherwise, affects or might
affect the Lessee or the Lessor. Lessee further agrees that this
Indemnity Provision shall be considered as an additional remedy to
Lessor and not an exclusive remedy.
XI. CANCELLATION BY LESSOR
Ail the terms, restrictions, covenants, and conditions
pertaining to the use and occupancy of the Premises are conditions
Page 11
of this Lease and the failure of the Lessee to comply with any of
the terms, conditions, restrictions, covenants, and conditions
shall be considered a default of this Lease, and upon default, the
Lessor shall have the right to invoke any one or all of the
following remedies.
A. In the event that Lessee fails to comply with any of the
terms, conditions, restrictions and covenants contained in this
Lease, such failure shall constitute an event of default under the
Lease, and Lessor shall give Lessee notice of said breach, and
request Lessee to cure or correct the same. Should Lessee fail to
correct said violation(s) or breach within thirty (30) days
following receipt of said notice, then Lessor shall have the right
to terminate this Lease. Should this Lease be terminated by Lessor
for failure of Lessee to correct said breach or violation within
the thirty (30) day cure time, Lessee shall forfeit all rights to
all improvements on the Premises and all improvements on the
Premises shall become the property of the Lessor.
B. In addition to termination of this Lease for the breach of
terms and conditions herein, the Lessor shall have the right to
terminate this Lease for the following reasons:
(1) In the event that Lessee shall file a voluntary
petition in bankruptcy or proceedings in bankruptcy
shall be instituted against Lessee and Lessee
thereafter is adjudicated bankrupt pursuant to such
proceedings, or any court shall take ]urlsdlctlon of
Lessee and its assets pursuant to proceedings brought
under the provisions of any federal reorganization act,
or if a receiver shall take jurisdiction of Lessee and
its assets pursuant to proceedings brought under the
provisions of any federal reorganization act; or if a
receiver for Lessee's assets is appoInted.
(2) In the event that Lessee should make an assignment of
this Lease, for any reason, without the approval of and
written consent from Lessor.
C. Upon termination or cancellation of this Lease and provided
all monies due Lessor have been paid, Lessee shall have the right
to remove its personal property, provided such removal does not
cause damage to any part of the hangar, structure or improvements.
Lessee shall remove all personal property from the Premises within
ten (10) days after the termination. If Lessee falls to remove
its personal property as agreed, Lessor may elect to retain
possession of such property or may sell the same and keep the
proceeds, or may have such property removed at the expense of
Lessee.
Where, upon termination of the Lease, the fixed improvements
become the property of Lessor as provided herein, Lessee shall
repair, at its own expense, any damage to the fixed improvements,
resulting from the removal of personal property and shall leave
Page 12
the Premises in a neat and clean condition with all other
improvements in place.
E. Failure of Lessor to declare this Lease terminated upon the
default of Lessee for any of the reasons set out shall not operate
to bar, destroy, or waive the right of Lessor to cancel this Lease
by reason of any subsequent violation of the terms hereof. The
acceptance of rentals and fees by Lessor for any period or periods
after a default of any of the terms, covenants, and conditions
herein contained to be performedv kept, and observed by Lessee
shall not be deemed a waiver of any rights on the part of the
Lessor to cancel this Lease for failure by Lessee to so perform,
keep or observe any of the terms, covenants or conditions hereof
to be performed, kept and observed.
XII. CANCELLATION BY LESSEE
Lessee may cancel this Lease, 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 preventing or restraining the
use of said Airport or any part thereof for Airport
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 of ninety (90) days after receipt of
a written notice of the existence of such breach;
(3) the inability of Lessee to use the 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 Govern-
ment or any authorized agency thereof of the Premises for
the maintenance and operation of said 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 Premises cannot be used for
authorized purposes, then Lessee may cancel this Lease as afore-
said, or may elect to continue this Lease under its terms.
XIII. OPTION
Lessee shall have a first option to lease the premises for an
additional term at the end of this Lease by giving the Lessor
notice, in writing, not later than six (6) months before the end
of the fifteen (15) year term. Should Lessee choose to exercise
such option, he shall have the right to sign a new lease for five
Page 13
(5) years for the Premises at the then current land rental rates
established by Lessor.
XIV. MISCELLANEOUS PROVISIONS
A. Sublettina or Assianment. The Lessee shall not rent, or
sublease the Premises or assign this Lease without f~rst obtaining
the written consent of Lessor. If approved by Lessor any sublessee
or assignee shall be subject to the same conditions, obligations
and terms as set forth herein.
B. Lease Bindin~ on Successors and Assigns. All covenants,
agreements, provisions and conditions of thls Lease shall be
binding upon and inure to the benefit of the respective parties
hereto and their legal representatives, successors or assigns No
modification of this Lease shall be binding upon either party
unless written and signed by both parties.
C. ~_Y_gru~=~. If any provision hereof shall be finally
declared void or illegal by any court or adm~nlstratlve agency
havlng jurisdiction, the entire Lease shall not be void; but the
remaining provisions shall continue ~n 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 Lease shall be in writing and shall be sent
by registered mail, return receipt requested, with postage and
registration fees prepaid, as follows:
If to Lessor, addressed to: If to Lessee, addressed to.
C~ty Manager
City of Denton
215 E. McKinney
Denton, Texas 76201
Notices shall be deemed to have been received on the date of
receipt as shown on the return receipt
G. Headings. The headings used in th~s Lease are ~ntended
for convenience of reference only and do not define or limit the
scope or meaning of any provision of this Lease.
H. ~L~I~. This Lease is to be construed in accordance
with the laws of the State of Texas
IN WITNESS WHEREOF, the parties have executed this Lease as
of the day and year first above written.
CITY OF DENTON, TEXAS, LESSOR
BY:
LLOYD HARRELL, CITY M3%NAGER
Page 14
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVEO AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY'
LESSEE
BY:
TITLE'
C:\WPS0~PADSITE.1
Page 15
FOUND REBAR S 00' Ii' N i447. 6i' FOUNO ;EB*~
~1 . $ 12'38'28' E 85o24'--
EXHIBIT "B"
Next Document
NOTE- R89- 075~ BEEN REPLACED WITH R90- 049
2839L
RESOLUTION NO.~
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND THE DEPARTMENT OF THE ARMY,
CORPS OF ENGINEERS ESTABLISHING PROCEDURES FOR HYDROPOWER OPERA-
TION AT LEWISVILLE DAM, AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I. The City Manager is authorized to execute an
agreement between the City of Denton and the Department of the
Army, Corps of Engineers establishing procedures for hydropower
operation by the City of Denton under the terms and conditions
contained in the agreement attached hereto.
SECTION II. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the~day of_~_~-,~_ ,
1989.
ATTEST'.
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM'
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
MEMORANDUM OF AGREEMENT
ESTABLISHING PROCEDURES FOR HYDROPOWER
OPERATION BY THE CITY OF DENTON
PURSUANT TO FEDERAL ENERGY REGULATORY
COMMISSION LICENSE-
EXISTING DAM FERC PROJECT NO. 3940
This Agreement, entered into this day of __,
19 , by and between the DEPARTMENT OF THE ARMY, Corps of
En~-~neers (hereinafter referred to as the "Corps", acting by and
through the Southwestern Division Commander, and the City of
Denton, Texas (hereinafter referred to as the "COD"), acting by
and through its City Manager,
WITNESSETH, THAT:
WHEREAS, the United States is the owner and operator of
Lewlsvllle Lake, the associated lands and appurtenant works
located on the Elm Fork of the Trinity River, a navigable
waterway of the United States in Denton County, Texas, and,
WHEREAS, COD was issued a license on March 27, 1984 by the
Federal Energy Regulatory Commission (FERC) to construct,
operate and maintain hydroelectric facility, project number
3940, at Lewisvllle Dam located on the Elm Fork above
Lewlsv~lle, Texas; and
WHEREAS, the Fort Worth D~strlct Corps of Engineers is
responsible for the daily operation and integrity of Lewlsvllle
Dam; and
WI{EREAS, Article 39 of the FERC L~cense requires COD to
enter into Memorandum of Agreement w~th the Corps, describing
the mode of hydropower operation, design, and construction as
acceptable to the Corps, and
LEWISVILLE OPERATING PLAN
PAGE 2
WHEREAS, COD has entered into Supplemental Agreement No. 1
on December 14, 1988, with the C~ty of Dallas to amend the
Untreated Water Contract which is dated August 7, 1985.
According to the supplemental agreement, Dallas w~ll not
exercise its right to transport water in a pipeline from
Lewlsvllle Lake to Elm Fork Water Treatment Plant, until the
year 2005. Dallas will not object to Denton's ~nstallat~on of a
hydroelectric turbine generator on the Lewlsvllle Lake low flow
conduits which are utilized by the C~ty of Dallas for water
supply releases; and
WHEREAS, COD agrees to provide at no cost to Dallas a blind
flange connection upstream from the hydroelectric unit for
Dallas to connect a pipeline for Dallas' future use, and
NOW THEREFORE, the parties agree as follows:
ARTICLE I - RIGHT TO REVIEW AND REVISE
The Corps and COD recognize that this Operating Agreement
is subject to review from time-to-time upon request of
either party as operating experience is gained and
conditions warrant.
This Operating Agreement shall remain in effect until
revised by mutual consent.
ARTICLE II - PHYSICAL LOCATION AND DESCRIPTION
The Hydropower Pro]ect, described ~n the FERC license,
includes one 2,128 kw horlzontal-ax~s hydroelectric
generating unit. An outdoor-type substation is located
ad3acent to the powerhouse to step up the generator
voltage to 24.9 ky.
The powerhouse is to be located approximately 55 feet
east of the existing discharge channel to the Elm Fork
River. The outside dimensions of the main powerhouse are
approximately 42 feet wide by 42 feet long. The penstock
will consist of two 60-inch diameter pipes running from
LEWISVILLE OPERATING PLAN
PAGE 3
the existing outlet works valve pit The two 60-inch
diameter penstock will converge to a single 84-inch
diameter penstock running to the turbine inlet. A tailrace
will be required to direct turbine discharges through the
new channel to Elm Fork River.
ARTICLE III - COOPERATION
COD agrees to Operate the Hydropower Project according to
the Corps operating requirements. The Hydropower Project
will be operated to protect Federal interests, including,
but not limited to, the flood control impoundment and
flood release capability of Lewlsvllle Dam. The Corps
agrees to cooperate in the operation of the Hydropower
Project, provided such operation is consistent with
Federal interests and with the Corps' responsibilities for
maintaining the flood control function of the project.
The Corps shall inform COD of all release rates through the
hydroelectric project.
ARTICLE IV - OPERATIONAL REQUIREMENTS
SECTION A. GENERAL
COD agrees that Lewlsvllle Lake is presently being operated
for flood control, water conservation, and recreation
purposes. The City of Dallas is permitted to request normal
water supply releases from the conservation pool. That
requested releases are affected through the operation of
the control valves on the two 60 - inch flow discharge
pipes. At Lake stages above the top of the conservation
pool (elevatlon 522.0 N.G.V.D.), the Corps takes over all
control of lake releases. The proposed hydroelectric
installation would generate energy from flows released for
the lake multipurpose operation. The proposed operation of
the hydroelectric powerhouse shall not modify the existing
release rates for the Lewlsvllle Lake.
In order to meet the Contractual obligations under Contract
NO. DA41-443-ENG-2453 for downstream water supply
requirements of the City of Dallas, the Corps retains
control over the releases from the Project. Should the
required releases not be effected through the turbine, the
Corps retains the right to make said releases through the
Corps' low flow outlet works
LEWISVILLE OPERATING PLAN
PAGE 4
SECTION B. SPECIFIC OPERATIONAL DETAILS
1. The Corps is responsible for the operation of
Lewlsvllle Dam and Lake. Under this Operating Agreement,
the Texas Water Commission, and the supplemental agreement
No. 1 with Dallas, the Hydro Project shall be operated as a
run-of-river project. The Corps shall control the existing
Corps' valves remotely from the Lew~svllle project tower
house
Hydroelectric Plant operation shall be fully automatic
using a Supervisory control system for the wicket gates,
turbine/generator, and bypass valve. The remote control
system will allow COD to monitor releases through the
powerhouse.
2. After a through review of the application for a
license under part 1 of the Federal Power Act, the design
of the Hydropower Project is consistent with the
engineering standards governing dam safety. An environment
assessment was issued with a finding of no significant
impact on the environment , and FERC also concluded that
the Hydropower Project is properly designed to
comprehensively develop the hydropower potential of
Lewisvllle Dam and Lake, and the Elm Fork River
3. Attachment 1 "Regulating Plan" summarizes the
operation modes during normal, high, and flood releases.
The method of release will depend upon the elevation of the
lake; whether the release ~s for conservation or flood
control; and whether the flow rate is usable for
generation.
4. COD agrees to notify the Corps as soon as possible
whenever the generating unit has a forced outage.
5. COD agrees to permit the Corps to take whatever
emergency action is needed to prevent or reduce a hazard to
human life, and to prevent significant fluctuation of
Lewlsvllle Reservoir.
LEWISVILLE OPERATING PLAN
PAGE 5
6. The Corps has the authority to direct COD to stop
Hydropower Pro]ect operation so that maintenance or
repairs may be affected to any part of the outlet works and
outlet works channel, should such be deemed necessary. The
Corps will provide am much prior notice as possible for any
such outage.
ARTICLE V - INSPECTION
COD shall permit the Corps to inspect the Hydropower
Project as a part of the Corps' Periodic Inspection and
Continuing Evaluation of Completed Civil Works Structure
Program. Any operational deficiencies or difficulties
detected by the Corps will be immediately reported to COD
and FERC. When operational practices or deficiencies may
result in a situation causing imminent danger to the Corps
operation, the Corps has the authority to direct COD to
stop Hydropower Project operation and/or take appropriate
action to resolve the problem.
ARTICLE VI - COMMUNICATION NETWORK, INFORMATION EXCHANGE,
.......... AND REPORTING
COD agrees to maintain communications between the Corps
operating personnel by means of a d~rect circuit or other
direct means of communications, as directed by the
District, to coordinate the operation of Hydropower Project.
ARTICLE VII - MAINTENANCE RESPONSIBILITIES
1. Responsibilities for maintenance of various facilities
associated with the Hydropower Pro3ect will be divided
between COD and the Corps as follows.
A. COD will maintain at its sole cost the following.
1. Powerhouse and substation, including the
fenced area of the s~te,
LEWISVILLE OPERATING PLAN
PAGE 6
2. New penstock at all times, and the Corps'
parking lot when damaged or disrupted by
activities of COD;
3. The powerhouse discharge channel;
4. Any signs or public information facilities
constructed by COD for its purposes.
5. All maintenance to the existing Corps Outlet
Works Structure and Conduit, Stilling Basin,
and Discharge Channel resulting from
operation of the hydropower facilities.
B. The Corps will maintain at 1ts sole cost the
following:
1. Recreation and public access facilities,
including signs, trails, stairs,
observation/fishing platforms, restrooms and
parking lots, whether original or
constructed by COD as part of the Hydropower
Project;
2. Any signs or public information facilities
constructed for the Corps' benefit;
3. The normal maintenance of the existing Outlet
Works Structure and Condu~t, Stilling Basin
and D~scharge Channel;
2. Nothlng ~n this agreement will preclude COD or the
Corps from contracting with each other to perform specific
maintenance activities, regardless of which agency is
ultimately responsible for the cost.
LEWISVILLE OPERATING PLAN
PAGE 7
ARTICLE VIII OTHER PROVISION
Nothing in this Operating Agreement shall be deemed as a waiver
of any requirement or obligation set forth in the Order Issuing
License issued March 27, 1984 by the Federal Energy Regulatory
Commission, or any amendments to the license.
UNITED STATES CITY OF DENTON
Robert C. Lee Lloyd Harrell /
Brigadier General, U.S.A. City Manager
Dlvislon Engineer City of Denton, Texas
Attachment: Regulating Plan
11/9/89
LLOPAGR
ATTACHMENT I
REGULATING PLAN
FOR
LEWISVILLE HYDROELECTRIC PROJECT
This Regulating Plan has been prepared as part of the plans and
specifications for the Lewlsville Hydroelectric Project, in
accordance with Article 39 of the Federal Energy Regulatory
Commission ("FERC") license for the Lewlsvllle Hydroelectric
Pro]ect No. 3940 issued March 27, 1984, and extended until March
27, 1988. To meet the Corps of Engineers requirement, the City
of Denton had entered into Supplemental Agreement NO. 1 on
December 14, 1988, with the City of Dallas to amend the Untreated
Water Contract which is dated August 7, 1985. The plan is
divided into two sections~ Section I describes design modes
during operation of the Lewisvllle Hydroelectric Project, and
Section II describes reservoir flow diversion and regulation
requirements for operations of Lew~svllle Lake during
construction of the Hydroelectric Project.
Lew~sville Regulating Plan
Page 2
I. REGULATING PLAN DURING OPERATION
A. General
The Lewisvllle hydroelectric project will have ten
release modes: low, operating, operating and spill,
flood, low-to-operating, operat~ng-to-low, operating-to
operating and sp~ll, operating and spill-to-operating,
operating and spill-to-flood, and flood-to-operating
and spill. These modes are discussed below.
B. Low Flow Mode
During low flow mode, less than 150 cfs, releases w~ll
be passed through the Corps outlet works. In th~s
mode, the various parts of the facility ~dentlfled
below will be in the status indicated:
Part of Facility Status/Party Responsible
1. Outlet work intake structure Open/Corps
slide gates.
2. 16-foot flood control conduit Closed/Corps
3. Two 48-inch Corps valves Open/Corps
4. Two 60-inch COD valves Closed*/Denton
5. Turbine/generator Off/Denton
6. 36-inch bypass valve Closed/Denton
* Optional-May be left open
C. Operatln9 Mode
During the normal operating mode, 150 to 623 cfs,
releases will be passed through the turbine. In th~s
mode, the various parts of the facility identified
below will be in the status indicated:
Part of Facility Status/Party Responsible
1. Outlet works intake Open/Corps
structure slide gates
2. 16-foot flood control conduit Closed/Corps
3. Two 48-inch Corps valves Closed/Corps
4. Two 60-inch COD valves Open/Denton
5. Turbine/Generator On/Denton
6. 36-inch bypass valve Closed/Denton
Lewisvllle Regulating Plan
Page 3
D. Operating And Spill Mode
During high releases greater than 623 cfs and less than
1,000 cfs, releases will be passed through the Corps
outlet works and turbine. In this mode, the various
parts of the facility identified below will be in the
status lndicated~
Part of Facility Status/Party Responsible
1. Outlet works intake Open/Corps
structure slide gates
2. 16-foot flood control conduit Closed/Corps
3. Two 48-lnch Corps valves Open/Corps
4. Two 60-inch COD valves Open/Denton
5. Turbine/Generator On/Denton
6. 36-inch bypass valve Closed/Denton
E. Flood Mode
During flood mode greater than 1,000 cfs, releases will
be controlled by the Corps. In th~s mode, the various
parts of the facility identified below will be ~n the
status indicated:
Part Of Facility Status/Party Responsible
1. Outlet works lntake As required by Corps
structure sllde gates
2. 16-foot flood control condu~t Open by Corps
3. Two 48-inch Corps valves As required by Corps
4. Two 60-inch COD valves Closed*/Denton
5. Turbine/Generator Off/Denton
6. 36-inch bypass valve Closed/Denton
* Optional-May be left open
Lew~sville Regulating Plan
Page 4
F. Transition From Low to Operating Mode
During transition from less than 150 cfs to (150-623)
cfs, the various parts of the facility identified below
will be in the status indicated:
Part of Facility Status/Party Responsible
1. Outlet works intake Remain Open/Corps
structure slide gates
2. 16-foot flood control condu~t Remain Closed/Corps
3. Two 48-inch Corps valves Close/Corps
4. Two 60-inch COD valves Open/Denton
5. Turbine/Generator Start/Denton
6. 36-1nch bypass valve Remain Closed/Denton
G. Transition From Operatin~ to Low Mode
During transition from (150-623) cfs to below 150 cfs,
the various parts of the facility identified below will
be in the status indicated:
Part of Facility Status/Party Responsible
1. Outlet works intake Remain Open/Corps
structure slide gates
2. 16-foot flood control conduit Remain Closed/Corps
3. Two 48-inch Corps valves Open/Corps
4, Two 60-inch COD valves Close*/Denton
5. Turbine/Generator Stop/Denton
6. 36-inch bypass valve Open automatically-
Closed manually/Denton
*Optional - May be left open
hewlsville Regulating Plan
Page 5
H. Transition from Operating to Operating and Spzll Mode
During transition from 623 cfs to 1,000 cfs, the
various parts of the facility identified below will be
in the status indicated:
Part of Facility Status/Party Responsible
1. Outlet works intake Open/Corps
structure slide gates
2. 16-foot flood control conduit Remain Closed/Corps
3. Two 48-inch Corps valves Open/Corps
4. Two 60-inch COD valves Remain Open/Denton
5. Turbine/Generator On/Denton
6. 36-inch bypass valve Remain Closed/Denton ~
I. Transition from Operating and Spill to Operating Mode
During transition from 1,000 cfs to operating mode
(150-623 cfs), the various parts of the facility
identified below will be in the status indicated:
Part of Facility Status/Party Responsible
1, Outlet works intake Open/Corps
structure slide gates
2. 16-foot flood control conduit Remain Closed/Corps
3. Two 48-inch Corps valves Close/Corps
4. Two 60-inch COB valves Remain Open/Denton
5. 3~O~ bypasB valve Remain
Tu~bine/Ganera~or On/Denton
closed/Denton
Lew~sville Regulating Plan
Page 6
L. Transition from Operating and Sp~ll to Flood Mode
For releases from (623-1,000 cfa) to above 1,000 cfs,
the various parts of the facility ~dentlf~ed below will
be in the status indicated:
Part of Facility Status/Party Responsible
1. Outlet works ~ntake As required by Corps
structure slide gates
2. 16-foot flood control conduit Open/Corps
3. Two 48-1rich Corps valves As required by Corps
4. Two 60-inch COD valves Closed*/Denton
5. Turbine/Generator Stop/Denton
6. 36-inch bypass valve (Open Automatically-
Closed Manually) /Denton
* Optional-May be left open
M. Transition from Flood to Operat~nq and Sp~ll
For releases from above 1,000 cfa to (623-1000) cfa,
the various parts of the facility ldentlf~ed below w~ll
be in the status indicated:
Part of Facility Status/Party Responsible
1. Outlet works intake
structure slide gates Open/Corps
2. 16-~oot flood control conduit Closed/Corps
3. Two 48-inch Corps valves As required by Corps
4. Two 60-inch COD valves Open/Denton
5. Tu~bine/Generator Start/Denton
6. 36-inch bypass valve Remain Closed/Denton
Lewlsvllle Regulating Plan
Page 7
II. REGULATING PLAN DURING CONSTRUCTION
A. General
Construction of the Lewlsvllle hydroelectric project is
proposed to begin in February of 1990, and shall take
approximately 12 months to complete. During the first
10 months of construction, lake releases will be made
through the existing discharge structure. Thereafter,
each of the existing outlet conduits w~ll be out
alternatively for two weeks, thus, at least one of the
existing conduits will be available for making releases
until the tap to the existing low discharge 5-foot
conduit is completed. If necessary, release
requirements greater than the capacity of one conduit
can be made through the 16-foot diameter flood conduit.
B. Construction Release Program
The construction release program will be comprised of
three phases.
Phase I.
No connection to the Corps outlet conduits. During the
construction of the hydro project, the releases from
the conservation pool will continue through the
existing discharge structure.
Phase II.
Each of the two new 5-foot pipes will be tied to one of
the two existing 5-foot outlet work pipes. Work shall
be scheduled to work on one tie at a time. During this
period the release shall pass through the other
existing 5-foot outlet p~pe.
Phase III.
~ time of high water demand during phase 2, the
releases may simultaneously be passed through the flood
conduit and the existing low flow outlet.
06199011
NOTE- R89- 076 ~ BEEN REPLACED WITH R90- 050
2839L
RESOLUTION NO. ~
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND THE DEPARTMENT OF THE ARMY,
CORPS OF ENGINEERS ESTABLISHING PROCEDURES FOR HYDROPOWER OPERA-
TION AT LAKE RAY ROBERTS DAM, AND PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I. The City Manager is authorized to execute an
agreement between the City of Denton and the Department of the
Army, Corps of Engineers establishing procedures for hydropower
operation by the City of Denton under the terms and conditions
contained in the agreement attached hereto.
SECTION II. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the ~day of .~_~-~f~4_- ,
1989.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
MEMORANDUM OF AGREEMENT
ESTABLISHING PROCEDURES FOR HYDROPOWER
OPERATION BY THE CITY OF DENTON
PURSUANT TO FEDERAL ENERGY REGULATORY
COMMISSION LICENSE-
EXISTING DAM FERC PROJECT NO. 3939
This Agreement, entered into this day of __,
19__~_, by and between the DEPARTMENT OF THE ARMY, Corps of
Engineers (hereinafter referred to as the "Corps"), acting by
and through the Southwesten D~vision Co---~nder, and the C~ty of
Denton, Texas (hereinafter referred to as the "COD"), acting by
and through its City Manager,
WITNESSETH, THAT:
Wg~.J%S, the United States ~s the owner and operator of
Ray Roberts Lake, the associated lands and appurtenant works
located on the Elm Fork of the Trinity River, a navigable
waterway of the United Statee in Denton County, Texas; and,
Wg~A8, COD was issued a license on March 20, 1985 by the
Federal Energy Regulatory Commission (FERC) to construct,
operate and maintain hydroelectric facility, pro3ect n-mher
3939, at Ray Roberts Dam located on the Elm Fork above
Denton, Texas~ and
W~mmEAS, The Fort Worth District Corps of Engineers zs
responsible for the daily operation and ~ntegrzty of Ray Roberts
Dam~ and
W~mEAS, Article 34 of the FERC L~cenee requires COD to
enter into Memorandum of Agreement with the Corps, describing
the mode of hydropower operation acceptable to the Corps; and
RAY ROBERTS OPERATING PLAN
PAGE 2
NOW T"~REFORE, the parties agree as follows:
ARTICLE I - RIGHT TO REVIEW AND REVISE
The Corps and COD recognize that this Operating Agreement
is subject to review from time-to-t~me upon request of
either party as operating experience is gained and
conditions warrant.
This Operating Agreement shall remain in effect until
revised by mutual oonsent.
ARTICLE II - PHYSICAL LOCATION AND DESCRIPTION
The Hydropower Project, described In the FERC license,
lnoludes one 1,000 kw horizontal-axis hydroelectric
generating unit. An outdoor-type substation is located
near to the powerhouse to step up the generator voltage to
13.2
The powerhouse is to be located approximately 30 feet west
of the existing stilling basin. A tailrace would extend
about 60 feet downstream from the turbine draft tube to the
discharge channel of the outlet works stilling basin. The
single-unit configuration would entail the connection of a
60 - inch diameter pipe to the blind flanged bifurcation on
the low-flow outlet conduit constructed by the Corps. A
195 - foot section of the 60 - inch diameter would connect
to the Francis turbine.
ARTICLE III - COOPERATION
COD agrees to Operate the Hydropower Project according to
the Corps operating requirements. The Hydropower Project
will be operated to protect Federal interests, including,
but not limited to, the flood control impoundment and
flood release capability of Ray Roberts Dam. The Corps
agrees to cooperate in the operation of the Hydropower
Project, provided such operation is consistent with
Federal ~nterests and with the Corps' responslbll~tles for
maintaining the flood control function of the project.
RAY ROBERTS OPERATING PLAN
PAGE 3
ARTICLE IV OPERATIONAL REQUI~TS
SECTION A. GENERAL
COD agrees that Ray Roberts Lake w~ll be operated for
flood control, water conservation, and recreation purposes.
The C,ty of Dallas ~s permitted to request normal water
supply releases from the conservation pool. That requested
releases are effected through the operation of the control
valve on the 60 - Inch flow discharge pipe. At Lake stages
above the top of the conservation pool (elevation 632.50
N.G.V.D.), the Corps takes over all control of Lake
releases. The proposed hydroelectric installation would
generate energy from flows released for the lake
multlpurpose operation.
In order to meet the contractual obligations under contract
No. DACW63-S0-C-0103 for downstream water supply
requirements of the City of Dallas, the Corps retains
control over the releases from the project. Should the
requlre4 releases not be effected through the turbine, the
Corps retains the right to make sa~d releases through the
Corps' iow flow outlet works.
SECTION B. SPECIFIC OPERATION~tL DETAILS
1. The Corps Ks respons,ble for the operation of
Ray Roberts Dam and Lake. Under thls Operating Agreement
and the Texas Water Comm~ss,on, the Hydro Project shall be
operated as a run-of-river project. The Corps shall control
the Corps' low flow valve which ~s being suppl~ed by COD.
Hydroelectric Plant operation shall be fully automatic
using a Supervisory control system for the w,cket gates,
and turblne/generator. The remote control system w~ll allow
COD to monitor releases through the powerhouse.
2. After a through review of the appllcat~on for a
llcense under part 1 of the Federal Power Act, the design
of the Hydropower Project ,s consistent w,th the
engineering standards governing dam safety. An
env,ronmental assessment was ~ssued w~th a find,rig of no
s~gn~f~cant lmpact on the env,ronment , and FERC also
concluded that the Hydro~ower Project *s properly designed
to comprehensively develop the hydropower potential of Ray
Roberts Dam and Lake, and the Elm Fork R~ver.
RAY ROBERTS OPERATING PLAN
PAGE 4
3. Attachment 1 "Regulating Plan" summarizes the
operation modes during normal, high, and flood releases.
The method of release will depend upon the elevatlon of the
Lake; whether the release ~s for conservation or flood
control; and whether the flow rate is usable for
generation.
4. COD agrees to notify the Corps as soon as poss,ble
whenever the generating unit is sub]ect to a forced
outage.
5. COD agrees to permit the Corps to take whatever
emergency action ~s needed to prevent or reduce a hazard to
h,~m~n life, and to prevent s~gn~f,cant fluctuation of
Ray Roberts Reservoir.
6. The Corps has the authority to direct COD to stop
HyroDower Project operation so that maintenance or
repairs may be effected to any part of the outlet works and
outlet works channel, should such be deemed necessary. The
Corps will provide as much prior not~ce as possible for any
such outage.
ARTICLE V - INSPECTION
COD shall permit the Corps to inspect the Hydropower
Project as a part of the Corps' Per~od,c Inspection and
Continuing Evaluation of Completed C~v~l Works Structure
Program. Any operational def~cienc~es or d~fflcult~es
detected by the Corps w~ll be ~mmed~ately reported to COD
and FERC. When operational practices or def~c~encies may
result in a s~tuat~on causing ~mm~nent danger to the Corps'
operation, the Corps has the authority to dIrect COD to
stop Hydropower Pro]ect operation and/or take appropriate
action to resolve the problem.
ARTICLE VI - COMMUNICATION NETWORK, INFORMATION EXCHANGE,
.......... AND REPORTING
COD agrees to maintain communications between the Corps
operatlng personnel by means of a d~rect circuit or other
d~rect means of co.~un~cat~ons, as d~rected by the
D~str~ct, to coordinate the operation of Hydropower Project.
RAY ROBERTS OPERATING PLAN
PAGE 5
ARTICLE VII - MAINTENANCE RESPONSIBILTIES
'1. ResDonsibllt,es for maintenance of various facll,tles
associated with the Hydropower Project will be divided
between COD and the Corps as follows.
A. COD will maintain at its sole cost the following:
1. Powerhouse and substation, including the
fenced area of the site;
2. New penstock at all times,
3. The powerhouse discharge channel;
4. Any signs or public information facilities
constructed by COD for its purposes.
5. All maintenance to the existing Corps Outlet
Works Structure and Conduit, Stilling Basin,
and Discharge Channel resulting from
operation of the hydropower facilities.
B. The Corps will maintain at ~ts sole cost the
following=
1. Recreation and public access facilities,
including signs, trails, stairs,
observation/fishing platforms, restrooms and
parking lots, whether original or
constructed by COD as part of the Hydropower
Project;
2. Any signs or public information facilities
constructed for the Corps' benefit;
3. The normal maintenance of the existing Outlet
Works Structure and Condu~t, Stilling Basin
and Discharge Channel;
2. Nothing in this agreement will preclude COD or the
Corps from contracting w~th each other to perform specific
maintenance activit~es, regardless of which agency is
ultimately responsible for the cost.
RAY ROBERTS OPERATING PLAN
PAGE 6
ARTICLE VIII OTW~R PROVISION
Nothing in th~s Operating Agreement shall be deemed as a waiver
of any requirement or obllgat~on set forth ~n the Order Issuing
L~cense ~ssued March 20, 1985 by the Federal Energy Regulatory
Commlss~on, or any amendments to the l~cense.
UNITED STATES CITY OF DENTON
Robert C. Lee Lloyd Harrell
Brigadier General, U.S.A. C~ty Manager
D~v~s~on Engineer C~ty of Denton, Texas
Attachment: Regulating Plan
MOAREV
REGULATING PLAN
FOR
RAY ROBERTS HYDROELECTRIC PROJECT
This Regulating Plan has been prepared as part of the plans and
specifications for the Ray Roberts Hydroelectric Project in
accordance with Article 34 of the Federal Energy Regulatory
Commission (FERC) license for the Ray Roberts Hydroelectric
Project No. 3939 issued March 20, 1985, and extended on April
24, 1986. The plan is divided ~nto two sections.Section I
describes design modes during operation of the Ray Roberts
Hydroelectric Pro3ect, and Section II describes reservoir flow
diversion and regulation requirements for operation of Ray
Roberts Lake during construction of the Hydroelectric Pro]ect
I. REGULATING PLAN DURING OPERATIONS
A. General
The Ray Roberts Hydroelectric Project operated and
maintained by COD must be responsive to five
scenarios: releases below minimum turbine flow,
normal releases, flood releases below 1,000 cfs, flood
releases above 1,000 cfs, and emergency shutdown. The
five scenarios are discussed below. Flow releases
stated are the combined releases through the turbine
and the Corps low flow release pipe and flood release
conduit as are required.
B. Releases Below Minimum Turbine Flow (0-38 cfs)
1. Releases in the 0-38 cfs range.
COMPONENT POSITION RESPONSIBILITY
Low Flow Gates Open Corps
Flood Gates Closed Corps
60" COD Valve Closed COD
T-G Wicket Gates Closed COD
48" Low Flow Valve Opened to Corps
Req'd Flow
2. Transition from normal releases to releases below
minimum turbine flow.
COD will inform the Corps that COD will be
shutting down the turbine imminently. The Corps
will, at that time, open their 48 inch valve to
the desired flowrate The Corps will inform COD
that the 48 inch low flow valve is open. COD
will shut the turbine down using normal shutdown
procedures. Once the turbine wicket gates are
closed, the 60 inch COD valve will be closed by
COD.
Page 2
3. Transition from releases below minimum turbine
flow to normal releases.
Turbine wicket gates have remained in the closed
position. COD will open fill valve and fill
penstock if needed. COD will open 60 inch COD
valve full open.
COD will proceed to normal turbine-generator
start-up procedures, opening w~cket gates to
desired release flow-rate. COD w~ll inform the
Corps that the turbine is passing the desired
flowrate. The Corps will regulate their 48 ~nch
low flow valve as required.
C. Normal Releases (39-525 cfs)
1. Operation in the 39-160 cfs range.
COMPONENT POSITION RESPONSIBILITY
Low Flow Gates Open Corps
Flood Gates Closed Corps
60" COD Valve Fully Open COD
T-G Wicket Gates Open to Req'd COD
Flow
48" Low Flow Valve Closed Corps
2. Operation in the 161-525 cfs range.
COMPONENT POSITION RESPONSIBILITY
LOW Flow Gates Open Corps
Flood Gates Closed Corps
60" COD Valve Fully Open COD
T-G Wicket Gates Open to Req'd COD
Flow
48" Low Flow Valve Open to Req'd Corps
Flow
3. The transitions to and from normal releases from
the low flow extremes are d~scussed ~n Section B
4. The transitions to and from normal releases from
flood releases below 1,000 cfs are discussed ~n
Section D.
Page 3
D. Flood Releases (525-1,000 cfs)
1. Operation to 160 cfs maximum.
COMPONENT POSITION RESPONSIBILITY
LOW Flow Gates Open Corps
Flood Gates Open Corps
60" COD Valve Open COD
T-G Wicket Gates Open COD
48" Low Flow Valve Open Corps
2. Transition from normal releases to flood
releases, 1,000 cfs and below.
The Corps will open their flood gates to release
the desired flow. The 48 inch Corps valve will
remain open. The 60 inch COD valve will remain
open and the turbine will continue to operate.
3. Transition from flood releases, 1,000 cfs and
below, to normal releases.
The Corps will close their flood gates and
regulate their 48 inch flow valve as required.
The 60 inch COD valve will remain open.
E. Flood Releases Above 1,000 cfs
1. Operation during flood stage
COMPONENT POSITION RESPONSIBILITY
Low Flow Gates Open Corps
Flood Gates Open Corps
60" COD Valve Closed COD
T-G Wicket Gates Closed COD
48" Low Flow Valve Open Corps
2. Transition from flood releases below 1,000 cfs to
flood releases above 1,000 cfs.
The Corps will inform COD of their intention to
go to flood stage releases above 1,000 cfs. COD
will shut the turbine down using normal shutdown
procedures. Once the turbine wicket gates are
closed, the 60 inch COD valve will be closed by
COD. COD will inform the Corps of their action.
Corps will regulate their flood gates to release
the desired flow.
Page 4
3. Transition from flood releases above 1,000 cfs to
flood releases below 1,000 cfs
The Corps will 1nform COD that they are releasing
below 1,000 cfs. COD will crack their 60 inch
valve to flll the penstock. COD w~ll proceed to
normal turbine-generator start-up procedures,
opening the COD 60 ~nch valve.
F. Emergency Shutdown
1. Emergency shutdown procedure
COD w~ll notlfy the Corps that COD have
experienced an emergency shutdown. COD w~ll
close the 60 ~nch COD valve. The Corps will open
their 48 ~nch low flow valve
2. The translt~on from the emergency shutdown to
normal operations w~ll be as detailed ~n B. 3
above.
II. REGULATING PLAN DURING CONSTRUCTION
A. General
Constructlon of the Ray Roberts Hydroelectric Project
Is proposed to begin ~n March of 1990, and take
approximately 10 months to complete. The new valves
will be installed ~n the valve vaults and the new 60
inch penstock tie-In w~ll be made during the n~nth
month.
B. Constructlon Release Propram
Before Penstock Tie-in
During about the first 8 months of construction, lake
releases w~ll continue to be made through the ex~stlng
outlet works.
Durln9 Penstock Tle-1n
The COD will inform the Corps of their ~ntent to
install the new valves and make the penstock t~e-~n.
The Corps will close their low flow outlet gates.
Valve ~nstallatlon and penstock tie-in w~ll take
approximately two weeks. Required releases will be
made through the 13 foot diameter flood conduit
regulated by the flood gates
Page 5
After the Penstock T~e-ln and Before Start-up
The COD will ~nform the Corps that the new valves are
~nstalled. The Corps w~ll take appropriate action to
make flow releases through the ex~st~ng outlet works.
Turbine Start-up
The actions that w~ll be taken during the transition
from construction releases to turbine start-up will be
the same as detailed ~n Article B.3 of Section I
RRHYDRO
091389
A RESOLUTION GRANTING APPROVAL TO THE
NORTH TEXAS ~IGHER EDUCATION AUTHORITY,
INC. TO ISSUE STUDENT LOAN REVENUE BONDS
OR OTHERWISE BORROW MONEY, USE THE
PROCEEDS OF SAID BONDS OR OTHER EVIDENCES
OF BORROWING AND MAKE CERTAIN FINDINGS IN
CONNECTION THEREWITH
WHEREAS, the North Texas Hlqher Education Authority, Inc.
("Authority") was established as a nonprofit
corporation, pursuant to the Texas Nonprofit
Corporation Act, for the purpose of further~nq
educational opportunities of students by Drovid~n~
funds for the acquisition of student loans; and
WHEREAS, the Authority has proceeded in the development of a
plan of doing business and has ~ssued student loan
revenue bonds for the aforesaid DurDoses, and
add~tional funds are needed to continue the
program, and it is now appropriate for th~s
governing body to approve the issuance of
additlonal bonds or other evidences of borrow~nq
for such purpose; and
WHEREAS, it ~s necessary for the C~t¥ of Denton, Texas
("Clty") to approve the issuance of the bonds or
other evidences of borrow~nq and the use of the
9roceeds of the bonds or borrow~nq;
BE IT RESOLVED EY THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS~
I.
That the Mayor and Members of the C~tv Council of the
C~ty,of Denton, Texas, hereby ~rant thelr approval to the
North Texas Higher Education Authority, Inc. to ~ssue and
deliver student loan revenue bonds, Serle~ 1989, ~n the
pr~ncipal amount not to exceed $50,000,000.00 or to otherwise
borrow up to $50,000,000.00, the oroceeds of which will be
used, by the Authority for the purpose of Durchaslna
Guaranteed Student Loans, which are e~ther guaranteed or
1
insured under the provisions of the Higher Education Act of
1965, as amended, and the settlnq aside of certain amounts
for deposit anto the Reserve Fund, the Interest Pund and the
Operating Fund and paying the cost of lssu~nq the bonds, in
accordance with the laws of the State of Texas, ~ncludlna
Chapter 53, Texas Education Code, as amended. The student or
oarent loan notes are notes executed by students (or parents
of students) who are resadents of the ~tate of Texas, or who
have been admitted to an accredated ~nstltut~on in the ~tate
of TeXas, as defined in the Texas Education Code, as amended.
II.
Further, the Mayor and C~t¥ ~ecretary of the C~tv of
Denton are hereby authorized and darected to deliver
certified cop~es of this resolution to the Authority for ~ts
use in connection w~th the issuance of the bonds or other
evadence of borrowing.
III.
The C~ty of Denton requests that the Authority exercise
the powers enumerated and Drov~ded for ~n gection 53.47,
Texas Education Code, as amended; that such nonprofit
corporation shall, ~n this connection, exercase such Dowers
for and on behalf of the City and the State of Te×as, as
contemplated by Section 53.47(e), Texas Education Code, as
amended.
IV.
The City of Denton does not agree to assume any
responsibility an connection w~th the administration of the
Authority's student loan program. Sole responsibility for
the administration of the Authorat¥'s student loan Droqram is
assumed by the Authority.
V.
Further, it ~s recognized by the C~ty of Denton that the
instruments which authorize the ~ssuance of bonds or ser~es
of bonds or other evidence of borrowing bv the Authority will
specifically state that the Cat¥ ~s not obl~qated to Day the
prancipal of or ~nterest on the bonds or ser~es of bonds or
other evidences of borrow~nq proposed to be ~ssued by the
Authority. Nothing in th~s resolution shall be construed as
an ~ndication by th~s City that at w~ll ~ay or orovide for
the payment of any obligations of the sa~d Authority whether
heretofore or hereafter incurred; and in th~s connection,
attention is called to the Constatut~on of the State of Texas
wherein it is provided that a cltv may incur no indebtedness
without having made provisions for its oavment, and the City
Council of the City of Denton hereby s~eclfica]ly refuse~ to
set aside any present or future funds, assets or money for
the payment of any indebtedness or oblleat~on of the
Authority.
VI.
It is hereby officially found and determlned that the
meeting at which this re~olutlon ~s ~aesed is oDen to the
public, as requzred by law, and that public not~ce oF the
time, place and purpose of said meeting was ~o~ted, as
required by law.
VII.
This resolution shall become effective from and after
its passage as provided by law.
PRESENTED AND PASSED on this _~he /~'/day of_.~
, 1989, by a vote of ~ ayes and ~ nays at a
r~ar meeting of the Cit~ Counczl of the Cltv of Denton,
Texas.
ATTEST:
nt~ Walters, City Secretary
APPROVED AS TO FOR~I.
y At~orne~ ' -
BY
2864L
RESOLUTION NO.~__~~
A RESOLUTION WHEREBY THE CITY OF DENTON APPROVES THE 1989-90
FISCAL YEAR BUDGET, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE
1432e V.A.T.S., AS AMENDED, OF THE DENTON COUNTY EMERGENCY
COMMUNICATION DISTRICT, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas has
been presented the 1989-90 Fiscal Year Budget of the Denton
County Emergency Communication District, hereinafter referred to
as DENCO AREA 911, for approval, in accordance with Article
1432e, Section 7(D), V.A.T.S., as amended, and
WHEREAS, the City of Denton, Texas, after complete and
careful review of such Budget, wishes to approve the same, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I. That the City Manager is authorized to take any
and all reasonable and necessary acts to comply with the intent
of this resolution.
SECTION II. That this resolution shall take effect
immediately from and after its passage.
PASSED AND APPROVED this the/~4~day of ~,
1989.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
2864L
RESOLUTION NO.~
A RESOLUTION WHEREBY THE CITY OF DENTON APPROVES THE 1989-90
FISCAL YEAR BUDGET, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE
1432e V.A.T.S., AS AMENDED, OF THE DENTON COUNTY EMERGENCY
COMMUNICATION DISTRICT, AND PROVIDING FOR AN EFFECTIVE DATE.
WI4EREAS, the City Council of the City of Denton, Texas has
been presented the 1989-90 Fiscal Year Budget of the Denton
County Emergency Communication District, hereinafter referred to
as DENCO AREA 911, for approval, in accordance with Article
1432e, Section 7(D), V.A.T.S., as amended, and
WHEREAS, the City of Denton, Texas, after complete and
careful review of such Budget, wishes to approve the same, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Manager is authorized to take any
and all reasonable and necessary acts to comply with the intent
of this resolution.
SECTION II. That this resolution shall take effect
immediately from and after its passage.
PASSED AND APPROVED this the /~day of ~,
1989.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
2871L
RESOLUTION NO. ~
A RESOLUTION RECOGNIZING 1990 AS THE CENTENNIAL YEAR OF THE
UNIVERSITY OF NORTH TEXAS.
WHEREAS, in 1890, the citizens of Denton and of Texas were
conscious of the need for more educational facilities, partic-
ularly normal schools to improve the quality of teachers, and
WHEREAS, the City Council of Denton recognized the potential
for the private normal school founded by Joshua Crzttenden
Chilton in 1890, and took steps to secure a site for the Texas
Normal College and Teachers' Training Instztute, and
WHEREAS, the evolving role and scope of this institution has
been reflected in the subsequent names of the znstitution --
North Texas Normal College, 1893-1901, North Texas State Normal
College, 1901-1923, North Texas State Teachers College, 1923-
1949, North Texas State College, 1949-1961, North Texas State
University, 1961-1988, and University of North Texas, since 1988,
and
WHEREAS, from its beginnings as an institutzon solely devoted
to teacher training, the University of North Texas has developed
into an important educational institution offering 135 majors,
including 47 at the doctoral level, has grown to an enrollment
of 26,500, and has awarded over 113,000 undergraduate and grad-
uate degrees by 1988, has developed into one of five major re-
search and teaching institutions of higher learning in the State
of Texas, and is now the fourth largest in student enrollment,
and
WHEREAS, during 1990, the University of North Texas will
celebrate the Centennial of its founding, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES'
SECTION I. That the year 1990 shall be known as "THE
UNIVERSITY OF NORTH TEXAS CENTENNIAL YEAR" in the Czty of Denton,
Texas, and encourage all citizens to participate in the year-long
centennial celebration and to Join us in honoring those who teach
and those who learn.
PASSED AND APPROVED this the ~day of ~,
1989.
HUG}{ A~R, MAY~/PRO TEM BOB GORTON, COUNCIL'-MEMBER
L'INNIE MCADAMS, COUNCIL MEMBER
RA~,~BER J E~HOPK~IL MEMBER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
~RovEDVAs To-LEGAL FORM'-
PAGE 2
2872L
RESOLUTION NO. ~
A RESOLUTION REQUESTING THAT THE DALLAS AREA RAPID TRANSIT
AUTHORITY (DART) CONSIDER THE PROTECTION OF THE FORMER MKT RAIL
LINE, CURRENTLY OWNED BY THE UNION PACIFIC RAILROAD, FROM ITS
EXISTING SERVICE AREA IN CARROLLTON AND CONTINUING ON THROUGH TO
THE CITY OF DENTON, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, by virtue of the decision of the Texas Railroad
Commission on April 12, 1988 to formally include Denton in the
Dallas/Fort Worth Intrastate Commercial Zone, this City may now
be officially recognized as a part of the Dallas/Fort Worth
metropolitan area, and
WHEREAS, commuter trends and economic conditions will con-
tinue to require a closer relationship between the City of Denton
and the Greater Dallas/Fort Worth area, and
WHEREAS, the Dallas Area Rapid Transit Authority (DART) has
executed an option to purchase and protect the right-of-way of
the former MKT rail line, currently owned by the Union Pacific
Railroad, from its existing service area in the City of
Carrollton on through to the City of Lewisville, and
WHEREAS, the aforementioned rail line rzght-of-way extends on
from the City of Lewisville to McKinney Street in the City of
Denton, and
WHEREAS, the City Council of the City of Denton acknowledges
the importance of protecting this right-of-way on through to the
City of Denton for the purpose of helping to preserve future
rapid transit alternatives into and from the Greater Dallas/Fort
Worth Area in the future, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION I. That the City Council, together with the Denton
Chamber of Commerce, does hereby respectfully request that the
Dallas Area Rapid Transit Authority conszder acquirzng an option
for the protection of the Union-Pacific right-of-way from the
City of Lewisville to the City of Denton
SECTION II. That the City Secretary is hereby directed to
forward a copy of this resolution to Marvin Lane, Chairman of the
Board of Directors for Dallas Area Rapid Transit Authority and
Harry Hall, Chairman of the Board of Directors for the Denton
Chamber of Commerce.
SECTION III. That this resolutzon shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the/~ay of ~F~2~~ ,
1989.
Attest'
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM'
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
PAGE 2